Vasut Bill Ends STAAR End-Of-Course Tests, Eventually

The text as introduced · 5,785 words

89R2178 MM-D

By: Vasut
H.B. No. 890

A BILL TO BE ENTITLED

AN ACT

relating to the administration of assessment instruments to public

school students.

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

SECTION 1. Section 18.006(b), Education Code, is amended to

read as follows:

(b) In addition to other factors determined to be

appropriate by the commissioner, the accountability system must

include consideration of:

(1) student performance on the [ end-of-course ]

assessment instruments administered under [ required by ] Section

39.023(c); and

(2) dropout rates, including dropout rates and diploma

program completion rates for the grade levels served by the diploma

program.

SECTION 2. Section 25.005(b), Education Code, is amended to

read as follows:

(b) A reciprocity agreement must:

(1) address procedures for:

(A) transferring student records;

(B) awarding credit for completed course work;

and

(C) permitting a student to satisfy the

requirements of Section 39.025 through successful performance on

comparable [ end-of-course or other exit-level ] assessment

instruments administered in another state; and

(2) include appropriate criteria developed by the

agency.

SECTION 3. Section 28.014(a), Education Code, is amended to

read as follows:

(a) Each school district shall partner with at least one

institution of higher education to develop and provide courses in

college preparatory mathematics and English language arts. The

courses must be designed:

(1) for students at the 12th grade level whose

performance on:

(A) an [ end-of-course ] assessment instrument

administered [ required ] under Section 39.023(c) does not meet

college readiness standards; or

(B) coursework, a college entrance examination,

or an assessment instrument designated under Section 51.334

indicates that the student is not ready to perform entry-level

college coursework; and

(2) to prepare students for success in entry-level

college courses.

SECTION 4. Sections 28.0211(a-1), (a-8), and (o), Education

Code, are amended to read as follows:

(a-1) Each time a student fails to perform satisfactorily on

an assessment instrument administered under Section 39.023(a) or

(l) in the third, fourth, fifth, sixth, seventh, or eighth grade or

an [ end-of-course ] assessment instrument administered under

Section 39.023(c), other than an assessment instrument developed or

adopted based on alternative academic achievement standards, the

school district in which the student attends school shall provide

to the student accelerated instruction in the applicable subject

area during the subsequent summer or school year and, subject to

Subsections (a-7) and (a-8), either:

(1) allow the student to be assigned a classroom

teacher who is certified as a master, exemplary, or recognized

teacher under Section 21.3521 for the subsequent school year in the

applicable subject area; or

(2) provide the student supplemental instruction

under Subsection (a-4).

(a-8) A school district may not be required to provide

supplemental instruction under Subsection (a-1)(2) to a student in

more than two subject areas per school year. If the district would

otherwise be required to provide supplemental instruction to a

student in more than two subject areas for a school year, the

district shall prioritize providing supplemental instruction to

the student in mathematics and reading[ , or Algebra I, English I, or

English II, as applicable, ] for that school year.

(o) This section does not require the administration of an

[ a fifth or eighth grade ] assessment instrument in a subject under

Section 39.023(a) to a student enrolled in the fifth [ or eighth ]

grade[ , as applicable, ] if the student[ :

[ (1) ] is enrolled in a course in the subject intended

for students above the student's grade level and will be

administered an assessment instrument [ adopted or developed ] under

Section 39.023(a) that aligns with the curriculum for the course in

which the student is enrolled[ ; or

[ (2) is enrolled in a course in the subject for which

the student will receive high school academic credit and will be

administered an end-of-course assessment instrument adopted under

Section 39.023(c) for the course ].

SECTION 5. Section 28.023(c), Education Code, is amended to

read as follows:

(c) A school district shall give a student in grade level

six or above credit for a subject on the basis of an examination for

credit in the subject approved by the board of trustees under

Subsection (a) if the student scores in the 80th percentile or above

on the examination or if the student achieves a score as provided by

Subsection (c-1). If a student is given credit in a subject on the

basis of an examination, the district shall enter the examination

score on the student's transcript [ and the student is not required

to take an end-of-course assessment instrument adopted under

Section 39.023(c) for that subject ].

SECTION 6. Sections 28.025(b-4) and (c-8), Education Code,

are amended to read as follows:

(b-4) A school district may offer the curriculum described

in Subsections (b-1)(1) through (4) in an applied manner. Courses

delivered in an applied manner must cover the essential knowledge

and skills[ , and the student shall be administered the applicable

end-of-course assessment instrument as provided by Sections

39.023(c) and 39.025 ].

(c-8) For purposes of Subsection (c-7), the admission,

review, and dismissal committee of a student in a special education

program under Subchapter A, Chapter 29, shall determine whether the

student is required to achieve satisfactory performance on an

[ end-of-course ] assessment instrument administered under Section

39.023(c) to earn an endorsement on the student's transcript.

SECTION 7. Section 28.0258, Education Code, is amended by

amending Subsections (a), (b), (f), (h), (j), and (k) and adding

Subsections (m) and (n) to read as follows:

(a) This section applies only to an 11th or 12th grade

student who has failed to comply with the [ end-of-course ]

assessment instrument performance requirements under Section

39.025 for not more than two subjects identified under Section

39.023(c) [ courses ].

(b) For each student to whom this section applies, the

school district that the student attends shall establish an

individual graduation committee at the end of or after the

student's 11th grade year to determine whether the student may

qualify to graduate as provided by this section. A student may not

qualify to graduate under this section before the student's 12th

grade year. The committee shall be composed of:

(1) the principal or principal's designee;

(2) for each subject identified under Section

39.023(c) for [ end-of-course assessment instrument on ] which the

student failed to perform satisfactorily on the appropriate

corresponding required assessment instrument , a [ the ] teacher of

the student in that subject, designated by the principal [ course ];

(3) the department chair or lead teacher supervising

the teacher described by Subdivision (2); and

(4) as applicable:

(A) the student's parent or person standing in

parental relation to the student;

(B) a designated advocate described by

Subsection (c) if the person described by Paragraph (A) is unable to

serve; or

(C) the student, at the student's option, if the

student is at least 18 years of age or is an emancipated minor.

(f) Notwithstanding any other law, a student's individual

graduation committee established under this section shall

recommend additional requirements by which the student may qualify

to graduate, including:

(1) additional remediation; and

(2) for each [ end-of-course ] assessment instrument

required under Section 39.023(c) on which the student failed to

perform satisfactorily:

(A) the completion of a project related to the

subject area [ of the course ] that demonstrates proficiency in the

subject area; or

(B) the preparation of a portfolio of work

samples in the subject area [ of the course ], including work samples

[ from the course ] that demonstrate proficiency in the subject area.

(h) In determining whether a student for whom an individual

graduation committee is established is qualified to graduate, the

committee shall consider:

(1) the recommendation of the student's teacher in

each course of the subject for which the student failed to perform

satisfactorily on an [ end-of-course ] assessment instrument;

(2) the student's grade in each course of the subject

for which the student failed to perform satisfactorily on an

[ end-of-course ] assessment instrument;

(3) the student's score on each [ end-of-course ]

assessment instrument required under Section 39.023(c) on which the

student failed to perform satisfactorily;

(4) the student's performance on any additional

requirements recommended by the committee under Subsection (f);

(5) the number of hours of remediation that the

student has attended, including[ :

[ (A) attendance in a college preparatory course

required under Section 39.025(b-2), if applicable; or

[ (B) ] attendance in and successful completion of

a transitional college course in reading or mathematics;

(6) the student's school attendance rate;

(7) the student's satisfaction of any of the Texas

Success Initiative (TSI) college readiness benchmarks prescribed

by the Texas Higher Education Coordinating Board;

(8) the student's successful completion of a dual

credit course in English, mathematics, science, or social studies;

(9) the student's successful completion of a high

school pre-advanced placement, advanced placement, or

international baccalaureate program course in English,

mathematics, science, or social studies;

(10) the student's rating of advanced high on the most

recent high school administration of the Texas English Language

Proficiency Assessment System;

(11) the student's score of 50 or greater on a

College-Level Examination Program examination;

(12) the student's score on :

(A) the ACT or [ , ] the SAT, if not otherwise

considered under Subdivision (3); or

(B) the Armed Services Vocational Aptitude

Battery test;

(13) the student's completion of a sequence of courses

under a career and technical education program required to attain

an industry-recognized credential or certificate;

(14) the student's overall preparedness for

postsecondary success; and

(15) any other academic information designated for

consideration by the board of trustees of the school district.

(j) Notwithstanding any action taken by an individual

graduation committee under this section, a school district shall

administer an [ end-of-course ] assessment instrument required under

Section 39.023(c) to any student who fails to perform

satisfactorily on an [ end-of-course ] assessment instrument

required under Section 39.023(c) as provided by Section 39.025(b).

For purposes of Section 39.053(c)(1), an assessment instrument

administered as provided by this subsection is considered an

assessment instrument required for graduation retaken by a student.

(k) The commissioner shall adopt rules as necessary to

administer [ implement ] this section [ not later than the 2015-2016

school year ].

(m) For a student subject to Section 39.025(f-3)(1):

(1) for purposes of Subsection (a), this section

applies only to an 11th or 12th grade student who has failed to

comply with the end-of-course assessment instrument performance

requirements under Section 39.025, as that section existed before

amendment by __.B. ____, Acts of the 89th Legislature, Regular

Session, 2025, for not more than two courses listed in Section

39.023(c), as that section existed before amendment by __.B. ____,

Acts of the 89th Legislature, Regular Session, 2025;

(2) for purposes of the composition of an individual

graduation committee under Subsection (b)(2), the committee shall

include the teacher of the course for each end-of-course assessment

instrument described by Subdivision (1) for which the student

failed to perform satisfactorily;

(3) for purposes of Subsection (h)(1), an individual

graduation committee shall consider the recommendation of the

teacher described by Subdivision (2); and

(4) for purposes of Subsection (h)(2), an individual

graduation committee shall consider the student's grade in each

course described by Subdivision (2).

(n) Subsection (m) and this subsection expire September 1,

2029.

SECTION 8. Sections 29.081(b) and (b-1), Education Code,

are amended to read as follows:

(b) Each district shall provide accelerated instruction to

a student enrolled in the district who has taken an [ end-of-course ]

assessment instrument administered under Section 39.023(c) and has

not performed satisfactorily on the assessment instrument or who is

at risk of dropping out of school.

(b-1) Each school district shall offer before the next

scheduled administration of the assessment instrument, without

cost to the student, additional accelerated instruction to each

student in any subject in which the student failed to perform

satisfactorily on an [ end-of-course ] assessment instrument

required for graduation.

SECTION 9. Section 29.087(f), Education Code, is amended to

read as follows:

(f) A student participating in a program authorized by this

section, other than a student ordered to participate under

Subsection (d)(1), must have taken any [ the ] appropriate

[ end-of-course ] assessment instrument [ instruments ] specified by

Section 39.023(c) that is administered before the student enters

[ entering ] the program and must take any [ each ] appropriate

[ end-of-course ] assessment instrument that is administered during

the period in which the student is enrolled in the program. Except

for a student ordered to participate under Subsection (d)(1), a

student participating in the program may not take the high school

equivalency examination unless the student has taken the assessment

instruments required by this subsection.

SECTION 10. Sections 29.099(d) and (h), Education Code, are

amended to read as follows:

(d) A participating campus shall identify a student who does

not perform at grade level on a mathematics [ an ] assessment

instrument administered under Section 39.023(a) [ 39.023(a)(1) ], or

an equivalent assessment instrument administered under Section

39.023(l), as a student eligible for participation in the

intervention program. During a student's placement in the

intervention program, a campus shall use progress monitoring

assessments to ensure that a student is making appropriate progress

in the program.

(h) [ Program Evaluation. ] The commissioner of education

shall contract for the evaluation of the effectiveness of the

intervention program established under this section. The

commissioner may consider centers for education research to conduct

this evaluation. The evaluation shall describe progress under the

mathematics assessment instruments administered under Section

39.023(a) [ 39.023(a)(1) ] or equivalent assessment instruments

administered under Section 39.023(l) to students participating in

the intervention program.

SECTION 11. Section 29.402(b), Education Code, is amended

to read as follows:

(b) A person who is under 26 years of age is eligible to

enroll in a dropout recovery program under this subchapter if the

person:

(1) must complete not more than three course credits

to complete the curriculum requirements for the foundation high

school program for high school graduation; or

(2) has failed to perform satisfactorily on , as

applicable:

(A) an [ end-of-course ] assessment instrument

administered under Section 39.023(c) ;

(B) an assessment instrument administered under

Section 39.023(c) as that section existed before amendment by __.B.

____, Acts of the 89th Legislature, Regular Session, 2025; or

(C) an assessment instrument administered under

Section 39.023(c) as that section existed before amendment by

Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular

Session, 2007.

SECTION 12. Section 39.023, Education Code, is amended by

amending Subsections (a), (a-1), (a-2), (a-11), (a-12), (a-13),

(c), (c-3), (c-5), (e), (g), (h), (i), and (p) and adding

Subsections (h-1) and (q) to read as follows:

(a) The commissioner [ agency ] shall identify a procedure

for a school district to select the Iowa Assessments or other

similar, available assessment instruments for the assessment of

[ adopt or develop appropriate criterion-referenced assessment

instruments designed to assess ] essential knowledge and skills

annually in grades three through eight in each federally required

subject, including [ in ] reading, mathematics, [ social studies, ]

and science. Except as provided by Subsection (a-2), all students,

other than students assessed under Subsection (b) or (l) or

exempted under Section 39.027, shall be assessed in accordance with

this subsection. Each school district shall select one or more

assessment instruments for purposes of this subsection. A school

district that selects more than one assessment instrument must

uniformly administer to students in the district the same

assessment instrument to satisfy the requirement for the same

subject [ :

[ (1) mathematics, annually in grades three through

eight;

[ (2) reading, annually in grades three through eight;

[ (3) social studies, in grade eight;

[ (4) science, in grades five and eight; and

[ (5) any other subject and grade required by federal

law ].

(a-1) The agency shall adopt [ develop ] assessment

instruments required under Subsection (a) in a manner that allows,

to the extent practicable:

(1) the score a student receives to provide reliable

information relating to a student's satisfactory performance for

each performance standard under Section 39.0241; and

(2) an appropriate range of performances to serve as a

valid indication of growth in student achievement.

(a-2) Except as required by federal law, a student is not

required to be assessed in a subject otherwise assessed at the

student's grade level under Subsection (a) if the student[ :

[ (1) ] is enrolled in a course in the subject intended

for students above the student's grade level and will be

administered an assessment instrument adopted [ or developed ] under

Subsection (a) that aligns with the curriculum for the course in

which the student is enrolled[ ; or

[ (2) is enrolled in a course in the subject for which

the student will receive high school academic credit and will be

administered an end-of-course assessment instrument adopted under

Subsection (c) for the course ].

(a-11) Before an assessment instrument adopted [ or

developed ] under Subsection (a) may be administered under that

subsection, the assessment instrument must, on the basis of

empirical evidence, be determined to be valid and reliable by an

entity that is independent of the agency and of any other entity

that developed the assessment instrument.

(a-12) An assessment instrument adopted [ or developed ]

under Subsection (a) may not have more than three parts. A part of

an assessment instrument must be designed so that:

(1) if administered to students in grades three and

four, 85 percent of students will be able to complete that part

within 60 minutes; and

(2) if administered to students in grades five through

eight, 85 percent of students will be able to complete that part

within 75 minutes.

(a-13) The amount of time allowed for administration of an

assessment instrument adopted [ or developed ] under Subsection (a)

may not exceed eight hours, and the administration may occur in

multiple parts over more than one day.

(c) The agency shall also provide for [ adopt end-of-course ]

assessment instruments for each federally required secondary-level

subject, including English language arts, mathematics, and

science. The commissioner shall identify a procedure for a school

district to select the SAT, the ACT, or any other nationally

recognized, norm-referenced secondary-level assessment instrument

designated by the commissioner for the assessment of students under

this subsection. Each school district shall select one or more

assessment instruments for purposes of this subsection. A school

district that selects more than one assessment instrument must

uniformly administer to students in the district the same

assessment instrument to satisfy the requirement for the same

subject [ courses in Algebra I, biology, English I, English II, and

United States history. The Algebra I end-of-course assessment

instrument must be administered with the aid of technology, but may

include one or more parts that prohibit the use of technology ]. An

[ The English I and English II end-of-course ] assessment instrument

designated under this subsection [ instruments ] must [ each ] assess

essential knowledge and skills in the appropriate subject [ both

reading and writing and must provide a single score ]. A school

district shall comply with State Board of Education rules regarding

administration of the assessment instruments under [ listed in ] this

subsection. If a student is in a special education program under

Subchapter A, Chapter 29, the student's admission, review, and

dismissal committee shall determine whether any allowable

modification is necessary in administering to the student an

assessment instrument required under this subsection. [ The State

Board of Education shall administer the assessment instruments. An

end-of-course assessment instrument may be administered in

multiple parts over more than one day. The State Board of Education

shall adopt a schedule for the administration of end-of-course

assessment instruments that complies with the requirements of

Subsection (c-3). ]

(c-3) Except as provided by Subsection [ (c-7) or ] (c-10) [ or

as otherwise provided by this subsection ], in adopting a schedule

for the administration of assessment instruments under this

section, the State Board of Education shall ensure that assessment

instruments administered under Subsection (a) or (c) are not

administered on the first instructional day of a week. On request

by a school district or open-enrollment charter school, the

commissioner may allow the district or school to administer an

assessment instrument required under Subsection (a) or (c) on the

first instructional day of a week if administering the assessment

instrument on another instructional day would result in a

significant administrative burden due to specific local

conditions.

(c-5) A student's performance on an [ end-of-course ]

assessment instrument administered [ required ] under Subsection (c)

must be included in the student's academic achievement record.

(e) Under rules adopted by the State Board of Education,

every third year, the agency shall release the questions and answer

keys to each assessment instrument administered under Subsection

[ (a), ] (b)[ , (c), (d), ] or (l), excluding any assessment instrument

administered to a student for the purpose of retaking the

assessment instrument, after the last time the instrument is

administered for that school year. To ensure a valid bank of

questions for use each year, the agency is not required to release a

question that is being field-tested and was not used to compute the

student's score on the instrument. The agency shall also release,

under board rule, each question that is no longer being

field-tested and that was not used to compute a student's score.

[ During the 2014-2015 and 2015-2016 school years, the agency shall

release the questions and answer keys to assessment instruments as

described by this subsection each year. ]

(g) An [ The State Board of Education may adopt one

appropriate, nationally recognized, norm-referenced ] assessment

instrument administered under Subsection (a) or (c) [ in reading and

mathematics to be administered to a selected sample of students in

the spring. If adopted, a norm-referenced assessment instrument ]

must be a secured test. The commissioner shall contract with a

vendor to administer the assessment instrument, complete the

scoring of the assessment instrument, and distribute within a

reasonable period the results to the agency and the relevant

results to each school district. As soon as practicable after the

district receives the results from the vendor under this

subsection, the district shall:

(1) distribute the relevant results to each district

campus; and

(2) provide written notice to the student and the

student's parent or person standing in parental relation to the

student that states the student's results and whether the student

performed satisfactorily on the assessment instrument [ The state

may pay the costs of purchasing and scoring the adopted assessment

instrument and of distributing the results of the adopted

instrument to the school districts. A district that administers

the norm-referenced test adopted under this subsection shall report

the results to the agency in a manner prescribed by the

commissioner ].

(h) Except as provided by Subsection (g), the [ The ] agency

shall notify school districts and campuses of the results of

assessment instruments administered under this section not later

than the 21st day after the date the assessment instrument is

administered.

(h-1) A [ The ] school district shall disclose to each

district teacher the results of assessment instruments

administered to students taught by the teacher in the subject for

the school year in which the assessment instrument is administered.

(i) The provisions of this section[ , except Subsection

(d), ] are subject to modification by rules adopted under Section

39.022. Each assessment instrument adopted or designated under

those rules [ and each assessment instrument required under

Subsection (d) ] must be reliable and valid and must meet any

applicable federal requirements for measurement of student

progress.

(p) On or before September 1 of each year, the commissioner

shall make the following information available on the agency's

Internet website for each assessment instrument administered under

Subsection [ (a), (c), or ] (l):

(1) the number of questions on the assessment

instrument;

(2) the number of questions that must be answered

correctly to achieve satisfactory performance as determined by the

commissioner under Section 39.0241(a);

(3) the number of questions that must be answered

correctly to achieve satisfactory performance under the college

readiness performance standard as provided by Section 39.0241; and

(4) the corresponding scale scores.

(q) Notwithstanding any provision of this section or other

law, if changes made to the Every Student Succeeds Act (20 U.S.C.

Section 6301 et seq.) reduce the number or frequency of assessment

instruments required to be administered to students, the State

Board of Education shall adopt rules reducing the number or

frequency of assessment instruments administered to students under

state law, and the commissioner shall ensure that students are not

assessed in subject areas or in grades that are no longer required

to meet the minimum requirements of that Act.

SECTION 13. The heading to Section 39.0232, Education Code,

is amended to read as follows:

Sec. 39.0232. USE OF [ END-OF-COURSE ] ASSESSMENT INSTRUMENT

AS PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED.

SECTION 14. Sections 39.0232(a), (b), and (c), Education

Code, are amended to read as follows:

(a) To the extent practicable, the agency shall ensure that

any high school [ end-of-course ] assessment instrument designated

under Section 39.023(c) [ developed by the agency is developed in

such a manner that the assessment instrument ] may be used to

determine the appropriate placement of a student in a course of the

same subject matter at an institution of higher education.

(b) A student's performance on an [ end-of-course ]

assessment instrument administered under Section 39.023(c) may not

be used:

(1) in determining the student's class ranking for any

purpose, including entitlement to automatic college admission

under Section 51.803 or 51.804; or

(2) as a sole criterion in the determination of

whether to admit the student to a general academic teaching

institution in this state.

(c) Subsection (b)(2) does not prohibit a general academic

teaching institution from implementing an admission policy that

takes into consideration a student's performance on an

[ end-of-course ] assessment instrument administered under Section

39.023(c) in addition to other criteria.

SECTION 15. Section 39.0234(a), Education Code, is amended

to read as follows:

(a) Each assessment instrument required under Section

39.023(l) [ 39.023(a), (c), or (l) ] must be administered

electronically, unless otherwise provided by commissioner rule.

SECTION 16. Section 39.0241, Education Code, is amended by

amending Subsection (a-1) and adding Subsection (a-2) to read as

follows:

(a-1) The commissioner of education, in collaboration with

the commissioner of higher education, shall determine the level of

performance necessary to indicate college readiness[ , as defined by

Section 39.024(a) ].

(a-2) In this section, "college readiness" means the level

of preparation a student must attain in English language arts and

mathematics courses to enroll and succeed, without remediation, in

an entry-level general education course for credit in that same

content area for a baccalaureate degree or associate degree program

at:

(1) a general academic teaching institution, as

defined by Section 61.003, other than a research institution, as

categorized under the Texas Higher Education Coordinating Board's

accountability system; or

(2) a postsecondary educational institution that

primarily offers associate degrees or certificates or credentials

other than baccalaureate or advanced degrees.

SECTION 17. Section 39.025, Education Code, is amended by

amending Subsections (a), (a-4), (a-5), (b), and (b-1) and adding

Subsection (f-3) to read as follows:

(a) The commissioner shall adopt rules requiring a student

in the foundation high school program under Section 28.025 to be

administered each [ an end-of-course ] assessment instrument

selected under [ listed in ] Section 39.023(c) by the school district

[ only for a course ] in which the student is enrolled [ and for which

an end-of-course assessment instrument is administered ]. Each

student's performance on an assessment instrument selected under

Section 39.023(c) shall be evaluated to determine whether the [ A ]

student achieved [ is required to achieve ] a scale score that

indicates satisfactory performance, as determined by the

commissioner under Section 39.0241(a)[ , on each end-of-course

assessment instrument administered to the student ]. For each scale

score required under this subsection that is not based on a

100-point scale scoring system, the commissioner shall provide for

conversion, in accordance with commissioner rule, of the scale

score to an equivalent score based on a 100-point scale scoring

system. A student may not receive a high school diploma until the

student has performed satisfactorily on each assessment instrument

selected under Section 39.023(c) [ end-of-course assessment

instruments ] in the manner provided under this subsection. This

subsection does not require a student to demonstrate readiness to

enroll in an institution of higher education.

(a-4) The admission, review, and dismissal committee of a

student in a special education program under Subchapter A, Chapter

29, shall determine whether, to receive a high school diploma, the

student is required to achieve satisfactory performance on

[ end-of-course ] assessment instruments administered under Section

39.023(c) .

(a-5) Notwithstanding Subsection (a), a student who has

failed to perform satisfactorily on an [ end-of-course ] assessment

instrument required under Section 39.023(c) [ instruments ] in the

manner provided under this section may receive a high school

diploma if the student has qualified for graduation under Section

28.0258.

(b) Each time an [ end-of-course ] assessment instrument

[ adopted ] under Section 39.023(c) is administered, a student who

failed to achieve a score requirement under Subsection (a) may

retake the assessment instrument. A student is not required to

retake a course as a condition of retaking the [ an end-of-course ]

assessment instrument.

(b-1) A school district shall provide each student who fails

to perform satisfactorily as determined by the commissioner under

Section 39.0241(a) on an [ end-of-course ] assessment instrument

administered under Section 39.023(c) with accelerated instruction

under Section 28.0211 [ in the subject assessed by the assessment

instrument ].

(f-3) The commissioner shall by rule adopt a transition plan

to implement the amendments made by _.B. ___, Acts of the 89th

Legislature, Regular Session, 2025, replacing end-of-course

assessment instruments with one or more assessment instruments

selected by a school district under Section 39.023(c). The rules

must provide for each assessment instrument selected by a school

district under Section 39.023(c) to be administered beginning with

students enrolled in the ninth grade for the first time during the

2025-2026 school year. During the period under which the

transition from end-of-course assessment instruments is made:

(1) for students entering a grade above the ninth

grade during the 2025-2026 school year or students repeating ninth

grade during the 2025-2026 school year, the commissioner shall

retain, administer, and use for purposes of accreditation and other

campus and district accountability measures under this chapter the

end-of-course assessment instruments required by Section

39.023(c), as that section existed before amendment by _.B. ___,

Acts of the 89th Legislature, Regular Session, 2025; and

(2) a student subject to Subdivision (1) may not

receive a high school diploma unless the student has performed

satisfactorily on:

(A) each required end-of-course assessment

instrument administered under Section 39.023(c), as that section

existed before amendment by _.B. ___, Acts of the 89th Legislature,

Regular Session, 2025; or

(B) each assessment instrument selected under

Section 39.023(c) by the district in which the student is enrolled.

SECTION 18. Section 39.034(d), Education Code, is amended

to read as follows:

(d) The agency shall determine the necessary annual

improvement required each year for a student to be prepared to

perform satisfactorily on, as applicable:

(1) the grade five assessment instruments;

(2) the grade eight assessment instruments; and

(3) the [ end-of-course ] assessment instruments

required under this subchapter for graduation.

SECTION 19. Section 39.035(a), Education Code, is amended

to read as follows:

(a) Subject to Subsection (b), the agency may conduct field

testing of questions for any assessment instrument administered

under Section 39.023(b) [ 39.023(a), (b), (c), (d), ] or (l) that is

separate from the administration of the assessment instrument not

more frequently than every other school year.

SECTION 20. Section 39.036(a), Education Code, is amended

to read as follows:

(a) The agency shall develop a vertical scale for assessing

student performance on mathematics and reading assessment

instruments administered under Section 39.023(a) [ Sections

39.023(a)(1) and (2) ] in a manner that allows the agency to compare

the performance of a student on the assessment instruments from one

grade level to the next.

SECTION 21. Section 39.203(c), Education Code, is amended

to read as follows:

(c) In addition to the distinction designations described

by Subsections (a) and (b), a campus that satisfies the criteria

developed under Section 39.204 shall be awarded a distinction

designation by the commissioner for outstanding performance in

academic achievement in English language arts, mathematics, or

science[ , or social studies ].

SECTION 22. Section 51.338(c), Education Code, is amended

to read as follows:

(c) A student who has achieved scores set by the board on the

questions developed for end-of-course assessment instruments under

Section 39.0233(a) , as that section existed before repeal by

_.B. ___, Acts of the 89th Legislature, Regular Session, 2025, is

exempt from the requirements of this subchapter. The exemption is

effective for the three-year period following the date a student

takes the last assessment instrument for purposes of this

subchapter and achieves the standard set by the board. This

subsection does not apply during any period for which the board

designates the questions developed for end-of-course assessment

instruments under Section 39.0233(a) , as that section existed

before repeal by _.B. ___, Acts of the 89th Legislature, Regular

Session, 2025, as the primary assessment instrument under this

subchapter, except that the three-year period described by this

subsection remains in effect for students who qualify for an

exemption under this subsection before that period.

SECTION 23. The following provisions of the Education Code

are repealed:

(1) Sections 39.023(a-4), (a-15), (c-2), (c-4),

(c-6), (c-7), (c-8), (c-9), and (d);

(2) Section 39.0233;

(3) Section 39.024;

(4) Sections 39.025(a-1), (a-2), (a-3), and (e-1); and

(5) Section 39.203(d).

SECTION 24. As soon as practicable after the effective date

of this Act, each school district shall provide notice to an eighth

grade student under Section 39.025(g), Education Code, informing

the student of the specific requirements applicable to the student

under Sections 39.023(c) and 39.025(a), Education Code, as amended

by this Act.

SECTION 25. This Act applies beginning with the 2027-2028

school year.

SECTION 26. 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.