88S40136 KJE-D
By: Thompson of Brazoria H.B. No. 27
A BILL TO BE ENTITLED
AN ACT
relating to public school selection of an alternative assessment
instrument in place of state-administered assessment instruments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.026, Education Code, is amended to
read as follows:
Sec. 39.026. LOCAL OPTION. (a) Notwithstanding any other
provision of this title, a school district, in place of any [In
addition to the] assessment instruments required under Section
39.023 adopted by the agency and administered by the State Board of
Education, [a school district] may adopt and administer nationally
[criterion-referenced or] norm-referenced assessment instruments
selected by the district[, or both, at any grade level].
(b) The commissioner shall adopt rules as necessary for the
administration of Subsection (a), including rules for using for
purposes of this code assessment instruments adopted under that
subsection in place of the assessment instruments otherwise
required under this subchapter.
(c) If there is a conflict between Subsection (a) and
federal law or regulation, the agency shall seek a waiver from the
application of conflicting federal law or regulation.
(d) In addition to the assessment instruments adopted by the
agency and administered by the State Board of Education or the
assessment instruments adopted and administered by the district
under Subsection (a), a school district may adopt and administer
criterion-referenced or norm-referenced assessment instruments at
any grade level.
(e) An [A norm-referenced] assessment instrument adopted
under this section must be economical, nationally recognized, and
approved by the agency [state-approved].
SECTION 2. This Act applies beginning with the 2024-2025
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 on the 91st day after the last day of the
legislative session.