bill ending artificial intelligence scoring of written test answers

The text as introduced · 373 words

89R14836 CMO-D

By: Hinojosa
H.B. No. 5282

A BILL TO BE ENTITLED

AN ACT

relating to the use of artificial intelligence to score certain

portions of assessment instruments administered to public school

students.

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) Except as provided by Subsection (r), the agency shall

prohibit the use of artificial intelligence, including an

artificial intelligence-based algorithm, algorithmic device,

automated scoring engine, or any scoring method that uses

artificial intelligence in part, to score a constructed response on

an assessment instrument administered under this section or an

assessment system developed under Section 39.027(e). This

subsection does not prohibit the use of a machine to score a

multiple choice response.

(r) A scoring method otherwise prohibited by Subsection (q)

may be used to score a constructed response described by that

subsection if the scoring method:

(1) was trained on representative samples of

constructed responses that include the responses of students who

are:

(A) educationally disadvantaged;

(B) emergent bilingual students, as defined by

Section 29.052; or

(C) eligible to enroll in a school district's

special education program under Subchapter A, Chapter 29;

(2) demonstrates scoring validity and reliability at

levels consistent with industry-accepted standards for automated

machine or hybrid automated machine scoring methods, including

standards established by the National Assessment of Educational

Progress; and

(3) has been evaluated by a qualified independent

entity, unaffiliated with the agency, an advisory group of the

agency, or any entity involved in the development of the scoring

method and the entity certifies that the scoring method:

(A) is valid and reliable in scoring constructed

responses;

(B) does not demonstrate any measurable bias

against a student described by Subdivision (1); and

(C) meets all applicable psychometric standards

for the scoring of assessment instruments.

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.