89R14639 MEW-F
By: Metcalf H.B. No. 3470
A BILL TO BE ENTITLED
AN ACT
relating to the administration of assessment instruments in public
schools, eliminating the requirement to use public school
assessment instruments as a criterion for promotion or graduation,
and the temporary suspension of certain accountability
determinations for a school district or campus in a school year in
which the operations of the district or campus are disrupted as a
result of a declared disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.257(b), Education Code, is amended to
read as follows:
(b) A charter granted under this subchapter must:
(1) include a description of the adult education
program to be offered under this subchapter; and
(2) establish specific, objective standards for
receiving a high school diploma, including[:
[(A)] successful completion of:
(A) [(i)] if applicable to the program
participant, the curriculum requirements under Section 28.025; or
(B) [(ii)] the appropriate curriculum
requirements applicable to the program participant[; and
[(B) satisfactory performance on the
standardized secondary exit-level assessment instrument described
by Section 12.260].
SECTION 2. Section 12.258(a), Education Code, is amended to
read as follows:
(a) A person who is at least 18 years of age and not more
than 50 years of age is eligible to enroll in an adult education
program operated under a charter granted under this subchapter if
the person:
(1) has failed to complete the curriculum requirements
for high school graduation; or
(2) has failed to perform satisfactorily on an
assessment instrument that, before the 2025-2026 school year, was
required for high school graduation.
SECTION 3. Section 12.260(b), Education Code, is amended to
read as follows:
(b) The commissioner, in cooperation with the advisory
committee established under Section 12.254, shall determine the
level of performance considered to be satisfactory on the secondary
exit-level assessment instrument adopted under Subsection (a) [for
receipt of a high school diploma by a program participant in an
adult education program operated under a charter granted under this
subchapter].
SECTION 4. Section 18.005(c), Education Code, is amended to
read as follows:
(c) A Job Corps diploma program shall:
(1) develop educational programs specifically
designed for persons eligible for enrollment in a Job Corps
training program established by the United States Department of
Labor;
(2) coordinate educational programs and services in
the diploma program with programs and services provided by the
United States Department of Labor and other federal and state
agencies and local political subdivisions and by persons who
provide programs and services under contract with the United States
Department of Labor;
(3) provide a course of instruction that includes the
required curriculum under Subchapter A, Chapter 28; and
(4) [require that students enrolled in the diploma
program satisfy the requirements of Section 39.025 before receiving
a diploma under this chapter; and
[(5)] comply with a requirement imposed under this
title or a rule adopted under this title relating to the Public
Education Information Management System (PEIMS) to the extent
necessary to determine compliance with this chapter, as determined
by the commissioner.
SECTION 5. Section 19.0043(b), Education Code, is amended
to read as follows:
(b) A student may graduate and receive a diploma from a
Windham School District educational program if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Section 28.025(a) [and complies with Section 39.025]; or
(2) the student successfully completes the curriculum
requirements under Section 28.025(a) as modified by an
individualized education program developed under Section 29.005.
SECTION 6. 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; and
(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 7. Section 28.021(c), Education Code, is amended to
read as follows:
(c) In determining promotion under Subsection (a), a school
district shall consider:
(1) the recommendation of the student's teacher;
(2) the student's grade in each subject or course; and
(3) [the student's score on an assessment instrument
administered under Section 39.023(a), (b), or (l), to the extent
applicable; and
[(4)] any other necessary academic information, as
determined by the district.
SECTION 8. Section 28.0211(a-8), Education Code, is amended
to read as follows:
(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.
SECTION 9. Sections 28.025(b-7), (c), and (e), Education
Code, are amended to read as follows:
(b-7) The State Board of Education, in coordination with the
Texas Higher Education Coordinating Board, shall adopt rules to
ensure that a student may comply with the curriculum requirements
under the foundation high school program or for an endorsement
under Subsection (c-1) by successfully completing appropriate
courses in the core curriculum of an institution of higher
education under Section 61.822. Notwithstanding Subsection (b-15)
or (c) [of this section, Section 39.025,] or any other provision of
this code and notwithstanding any school district policy, a student
who has completed the core curriculum of an institution of higher
education under Section 61.822, as certified by the institution in
accordance with commissioner rule, is considered to have earned a
distinguished level of achievement under the foundation high school
program and is entitled to receive a high school diploma from the
appropriate high school as that high school is determined in
accordance with commissioner rule. A student who is considered to
have earned a distinguished level of achievement under the
foundation high school program under this subsection may apply for
admission to an institution of higher education for the first
semester or other academic term after the semester or other
academic term in which the student completes the core curriculum.
(c) A person may receive a diploma if the person is eligible
for a diploma under Section 28.0251. In other cases, a student may
graduate and receive a diploma only if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Subsection (a) and complies with Section [Sections] 28.0256 [and
39.025]; or
(2) the student successfully completes an
individualized education program developed under Section 29.005.
(e) Each school district shall report the academic
achievement record of students who have completed the foundation
high school program on transcript forms adopted by the State Board
of Education. [The transcript forms adopted by the board must be
designed to clearly identify whether a student received a diploma
or a certificate of coursework completion.]
SECTION 10. Sections 28.02541(a) and (d), Education Code,
are amended to read as follows:
(a) This section applies only to a student who:
(1) entered the ninth grade before the 2011-2012
school year; and
(2) successfully completed the curriculum
requirements for high school graduation applicable to the student
when the student entered the ninth grade[;
[(3) has not performed satisfactorily on an assessment
instrument or a part of an assessment instrument required for high
school graduation, including an alternate assessment instrument
offered under Section 39.025(c-2); and
[(4) has been administered the assessment instrument
or the part of the assessment instrument for which the student has
not performed satisfactorily at least three times].
(d) In adopting rules under Subsection (c)(2), the
commissioner may authorize as an alternative requirement:
(1) [an alternative assessment instrument and
performance standard for that assessment instrument;
[(2)] work experience; or
(2) [(3)] military or other relevant life experience.
SECTION 11. Section 28.02591(a), Education Code, is amended
to read as follows:
(a) The Texas Higher Education Coordinating Board, in
coordination with the agency, shall collect longitudinal data
relating to the post-graduation pursuits of each student who is
awarded a diploma based on the determination of an individual
graduation committee under former Section 28.0258, as that section
existed on January 1, 2025, including whether the student:
(1) enters the workforce;
(2) enrolls in an associate degree or certificate
program at a public or private institution of higher education;
(3) enrolls in a bachelor's degree program at a public
or private institution of higher education; or
(4) enlists in the armed forces of the United States or
the Texas National Guard.
SECTION 12. Section 29.081(b-1), Education Code, is amended
to read as follows:
(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 listed in
Section 39.023(c) [required for graduation].
SECTION 13. Section 29.402(c), Education Code, is amended
to read as follows:
(c) A public junior college under this section shall:
(1) design a dropout recovery curriculum that includes
career and technology education courses that lead to industry or
career certification;
(2) integrate into the dropout recovery curriculum
research-based strategies to assist students in becoming able
academically to pursue postsecondary education, including:
(A) high quality, college readiness instruction
with strong academic and social supports;
(B) secondary to postsecondary bridging that
builds college readiness skills, provides a plan for college
completion, and ensures transition counseling; and
(C) information concerning appropriate supports
available in the first year of postsecondary enrollment to ensure
postsecondary persistence and success, to the extent funds are
available for the purpose;
(3) offer advanced academic and transition
opportunities, including dual credit courses and college
preparatory courses, such as advanced placement courses; and
(4) coordinate with each partnering school district to
provide in the articulation agreement that the district retains
accountability for student attendance and[,] student completion of
high school course requirements[, and student performance on
assessment instruments] as necessary for the student to receive a
diploma from a high school of the partnering school district.
SECTION 14. Section 30.021(e), Education Code, is amended
to read as follows:
(e) The school shall cooperate with public and private
agencies and organizations serving students and other persons with
visual impairments in the planning, development, and
implementation of effective educational and rehabilitative service
delivery systems associated with educating students with visual
impairments. To maximize and make efficient use of state
facilities, funding, and resources, the services provided in this
area may include conducting a cooperative program with other
agencies to serve students who have graduated from high school by
completing all academic requirements applicable to students in
regular education[, excluding satisfactory performance under
Section 39.025,] who are younger than 22 years of age on September 1
of the school year and who have identified needs related to
vocational training, independent living skills, orientation and
mobility, social and leisure skills, compensatory skills, or
remedial academic skills.
SECTION 15. Section 30.104(b), Education Code, is amended
to read as follows:
(b) A student may graduate and receive a diploma from a
department educational program if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Section 28.025(a) [and complies with Section 39.025]; or
(2) the student successfully completes the curriculum
requirements under Section 28.025(a) as modified by an
individualized education program developed under Section 29.005.
SECTION 16. Section 32.258(b), Education Code, is amended
to read as follows:
(b) The system established under Subsection (a) shall
provide a means for a student or the student's parent or other
person standing in parental relationship to track the student's
progress on assessment instruments administered under Section
39.023 [instrument requirements for graduation].
SECTION 17. Section 39.003(a), Education Code, is amended
to read as follows:
(a) The commissioner may authorize special investigations
to be conducted:
(1) when excessive numbers of absences of students
eligible to be tested on state assessment instruments are
determined;
(2) when excessive numbers of allowable exemptions
from the required state assessment instruments are determined;
(3) in response to complaints submitted to the agency
with respect to alleged violations of civil rights or other
requirements imposed on the state by federal law or court order;
(4) in response to established compliance reviews of
the district's financial accounting practices and state and federal
program requirements;
(5) when extraordinary numbers of student placements
in disciplinary alternative education programs, other than
placements under Sections 37.006 and 37.007, are determined;
(6) in response to an allegation involving a conflict
between members of the board of trustees or between the board and
the district administration if it appears that the conflict
involves a violation of a role or duty of the board members or the
administration clearly defined by this code;
(7) when excessive numbers of students in special
education programs under Subchapter A, Chapter 29, are assessed
through assessment instruments developed or adopted under Section
39.023(b);
(8) in response to an allegation regarding or an
analysis using a statistical method result indicating a possible
violation of an assessment instrument security procedure
established under Section 39.0301, including for the purpose of
investigating or auditing a school district under that section;
(9) when a significant pattern of decreased academic
performance has developed as a result of the promotion in the
preceding two school years of students who did not perform
satisfactorily as determined by the commissioner under Section
39.0241(a) on assessment instruments administered under Section
39.023(a), (c), or (l);
(10) when excessive numbers of students eligible to
enroll fail to complete an Algebra II course or any other advanced
course as determined by the commissioner;
(11) when resource allocation practices as evaluated
under Section 39.0821 indicate a potential for significant
improvement in resource allocation;
(12) when a disproportionate number of students of a
particular demographic group is graduating with a particular
endorsement under Section 28.025(c-1);
(13) when an excessive number of students is
graduating with a particular endorsement under Section
28.025(c-1);
(14) in response to a complaint submitted to the
agency with respect to alleged inaccurate data that is reported
through the Public Education Information Management System (PEIMS)
or through other reports required by state or federal law or rule or
court order and that is used by the agency to make a determination
relating to public school accountability, including accreditation,
under this chapter;
(15) [when 10 percent or more of the students
graduating in a particular school year from a particular high
school campus are awarded a diploma based on the determination of an
individual graduation committee under Section 28.0258;
[(16)] when a school district for any reason fails to
produce, at the request of the agency, evidence or an investigation
report relating to an educator who is under investigation by the
State Board for Educator Certification; or
(16) [(17)] as the commissioner otherwise determines
necessary.
SECTION 18. Section 39.023, Education Code, is amended by
amending Subsections (a), (c), and (c-2) and adding Subsection (q)
to read as follows:
(a) The agency shall adopt or develop appropriate
criterion-referenced assessment instruments designed to assess
essential knowledge and skills 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:
(1) mathematics, annually in grades three through
eight;
(2) reading, annually in grades three through eight;
and
(3) [social studies, in grade eight;
[(4)] science, in grades five and eight[; and
[(5) any other subject and grade required by federal
law].
(c) The agency shall also adopt end-of-course assessment
instruments for secondary-level courses in reading, mathematics,
and science only as necessary to comply with the Every Student
Succeeds Act (20 U.S.C. Section 6301 et seq.) to be administered
only as necessary to meet the minimum requirements of that Act
[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. The English I and
English II end-of-course assessment instruments must each assess
essential knowledge and skills in 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 adopted 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-2) The agency may adopt end-of-course assessment
instruments for courses for which end-of-course assessment
instruments are not adopted under [not listed in] Subsection
(c). A student's performance on an end-of-course assessment
instrument adopted under this subsection is not subject to the
performance requirements established under Subsection (c) or
Section 39.025.
(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 19. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.0239 to read as follows:
Sec. 39.0239. ADMINISTRATION OF ASSESSMENT INSTRUMENTS AND
TEMPORARY SUSPENSION OF CERTAIN ACCOUNTABILITY MEASURES DURING
DISASTER. (a) If a school district is located wholly or partly in
the area of a disaster declared by the president of the United
States under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. Section 5121 et seq.) or by the governor
under Chapter 418, Government Code, during a school year in which
district operations, including in-person attendance, are
disrupted, the commissioner shall apply to the United States
Department of Education for a waiver of the requirement under the
Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) to
administer assessment instruments during that school year for the
affected district.
(b) If the United States Department of Education fails to
grant a waiver requested under Subsection (a), the assessment
instruments shall be administered as required under Section 39.023
during the applicable school year, but, notwithstanding any other
law, the commissioner may not consider the results of the
assessment instruments for purposes of evaluating school district
or campus performance under this chapter for the affected district
for the applicable school year, including in determining:
(1) the accreditation status of a district under
Section 39.051;
(2) the performance rating to assign to the district
or the district's campuses under Section 39.054; or
(3) whether to impose any intervention or sanction
authorized by Chapter 39A after the applicable school year on the
district or the district's campuses.
SECTION 20. The heading to Section 39.025, Education Code,
is amended to read as follows:
Sec. 39.025. USE OF END-OF-COURSE ASSESSMENT INSTRUMENT
[SECONDARY-LEVEL PERFORMANCE REQUIRED].
SECTION 21. Section 39.025(a), Education Code, is amended
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 an end-of-course assessment instrument listed in
Section 39.023(c) 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 end-of-course
assessment instrument 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]. The results of
the administration of an end-of-course assessment instrument
required under this subsection may not be used as criteria for
graduation. The results may be used only for the purpose of
diagnosing the academic strengths and deficiencies of a student and
guiding specific instruction 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 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.
SECTION 22. 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 listed
in Section 39.023(c) [required under this subchapter for
graduation].
SECTION 23. Section 39.053(c), Education Code, is amended
to read as follows:
(c) School districts and campuses must be evaluated based on
three domains of indicators of achievement adopted under this
section that include:
(1) in the student achievement domain, indicators of
student achievement that must include:
(A) for evaluating the performance of districts
and campuses generally:
(i) an indicator that accounts for the
results of assessment instruments required under Sections
39.023(a), (c), and (l), as applicable for the district and campus,
including the results of those assessment instruments [required for
graduation] retaken by a student, aggregated across grade levels by
subject area, including:
(a) for the performance standard
determined by the commissioner under Section 39.0241(a), the
percentage of students who performed satisfactorily on the
assessment instruments, aggregated across grade levels by subject
area; and
(b) for the college readiness
performance standard as determined under Section 39.0241, the
percentage of students who performed satisfactorily on the
assessment instruments, aggregated across grade levels by subject
area; and
(ii) an indicator that accounts for the
results of assessment instruments required under Section
39.023(b), as applicable for the district and campus, including the
percentage of students who performed satisfactorily on the
assessment instruments, as determined by the performance standard
adopted by the agency, aggregated across grade levels by subject
area; and
(B) for evaluating the performance of high school
campuses and districts that include high school campuses,
indicators that account for:
(i) students who satisfy the Texas Success
Initiative (TSI) college readiness benchmarks prescribed by the
Texas Higher Education Coordinating Board under Section 51.334 on
an assessment instrument in reading or mathematics designated by
the coordinating board under that section;
(ii) students who satisfy relevant
performance standards on advanced placement tests or similar
assessments;
(iii) students who earn dual course credits
in the dual credit courses;
(iv) students who enlist in the armed
forces of the United States or the Texas National Guard;
(v) students who earn industry
certifications;
(vi) students admitted into postsecondary
industry certification programs that require as a prerequisite for
entrance successful performance at the secondary level;
(vii) students whose successful completion
of a course or courses under Section 28.014 indicates the student's
preparation to enroll and succeed, without remediation, in an
entry-level general education course for a baccalaureate degree or
associate degree;
(viii) students who successfully met
standards on a composite of indicators that through research
indicates the student's preparation to enroll and succeed, without
remediation, in an entry-level general education course for a
baccalaureate degree or associate degree;
(ix) high school graduation rates, computed
in accordance with standards and definitions adopted in compliance
with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
subject to the exclusions provided by Subsections (g), (g-1),
(g-2), (g-3), and (g-4);
(x) students who successfully completed an
OnRamps dual enrollment course;
(xi) students who successfully completed a
practicum or internship approved by the State Board of Education;
(xii) students who are awarded an associate
degree; and
(xiii) students who successfully completed
a program of study in career and technical education;
(2) in the school progress domain, indicators for
effectiveness in promoting student learning, which must include:
(A) for assessment instruments, including
assessment instruments under Subdivisions (1)(A)(i) and (ii), the
percentage of students who met the standard for improvement, as
determined by the commissioner; and
(B) for evaluating relative performance, the
performance of districts and campuses compared to similar districts
or campuses; and
(3) in the closing the gaps domain, the use of
disaggregated data to demonstrate the differentials among students
from different racial and ethnic groups, socioeconomic
backgrounds, and other factors, including:
(A) students formerly receiving special
education services;
(B) students continuously enrolled; and
(C) students who are mobile.
SECTION 24. 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 reading [English language arts],
mathematics, or science[, or social studies].
SECTION 25. The following provisions of the Education Code
are repealed:
(1) Section 12.104(b-2);
(2) Section 19.0043(c);
(3) Sections 28.0211(o) and (p);
(4) Sections 28.025(c-6) and (d);
(5) Section 28.0258;
(6) Section 28.0259;
(7) Section 30.104(c);
(8) Section 39.023(c-9); and
(9) Sections 39.025(a-1), (a-2), (a-3), (a-4), (a-5),
(b), (c), (c-1), (c-2), (d), (e), (f), (f-1), (f-2), and (g).
SECTION 26. (a) As soon as practicable after the effective
date of this Act, each school district that provided notice to an
eighth grade student during the 2024-2025 school year under Section
39.025(g), Education Code, as that section existed before its
repeal by this Act, shall send an updated notice to that student
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.
(b) As soon as practicable after the effective date of this
Act, the commissioner of education shall determine the level of
performance considered to be satisfactory as required under Section
39.0241(a), Education Code, on the assessment instrument required
under Section 39.023(c), Education Code, as amended by this Act.
SECTION 27. This Act applies beginning with the 2025-2026
school year.
SECTION 28. 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.