parents told when AI scores a state test

The text as introduced · 256 words

89R11395 CMO-D

By: A. Davis of Dallas
H.B. No. 4390

A BILL TO BE ENTITLED

AN ACT

relating to parental rights regarding the use of machine grading to

score certain portions of assessment instruments administered to

public school students in this state.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 39.023, Education Code, is amended by

adding Subsections (q) and (r) to read as follows:

(q) The agency shall provide written notice to a student's

parent if machine grading, including artificial intelligence or

computer software, is used to score a constructed response provided

by a student as part of an assessment instrument administered under

this section. The notice must include information regarding the

parent's right to request rescoring of the constructed response as

provided by Subsection (r).

(r) On written request by a parent of a student who failed to

perform satisfactorily on an assessment instrument in which machine

grading was used to score the constructed response as described by

Subsection (q), that portion of the student's assessment instrument

must be rescored using a traditional scoring method that does not

include machine grading, at no cost to the parent.

SECTION 2. This Act applies beginning with the 2025-2026

school year.

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.