Texas 2025 - 89th Regular

Texas House Bill HB4 Compare Versions

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1	1	89R14617 AMF-D
2	2	By: Buckley H.B. No. 4
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the assessment of public school students, public school
10	10	accountability and actions, and proceedings challenging the
11	11	operations of the public school system.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 7.056(e), Education Code, is amended to
14	14	read as follows:
15	15	(e) Except as provided by Subsection (f), a school campus or
16	16	district may not receive an exemption or waiver under this section
17	17	from:
18	18	(1) a prohibition on conduct that constitutes a
19	19	criminal offense;
20	20	(2) a requirement imposed by federal law or rule,
21	21	including a requirement for special education or bilingual
22	22	education programs; or
23	23	(3) a requirement, restriction, or prohibition
24	24	relating to:
25	25	(A) essential knowledge or skills under Section
26	26	28.002 or high school graduation requirements under Section 28.025;
27	27	(B) public school accountability as provided by
28	28	Subchapters B, C, D, and J, Chapter 39, and Chapter 39A;
29	29	(C) extracurricular activities under Section
30	30	33.081 [or participation in a University Interscholastic League
31	31	area, regional, or state competition under Section 33.0812];
32	32	(D) health and safety under Chapter 38;
33	33	(E) purchasing under Subchapter B, Chapter 44;
34	34	(F) elementary school class size limits, except
35	35	as provided by Section 25.112;
36	36	(G) removal of a disruptive student from the
37	37	classroom under Subchapter A, Chapter 37;
38	38	(H) at-risk programs under Subchapter C, Chapter
39	39	29;
40	40	(I) prekindergarten programs under Subchapter E,
41	41	Chapter 29;
42	42	(J) educator rights and benefits under
43	43	Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
44	44	A, Chapter 22;
45	45	(K) special education programs under Subchapter
46	46	A, Chapter 29;
47	47	(L) bilingual education programs under
48	48	Subchapter B, Chapter 29; or
49	49	(M) the requirements for the first day of
50	50	instruction under Section 25.0811.
51	51	SECTION 2. Section 7.057(d), Education Code, is amended to
52	52	read as follows:
53	53	(d) A person aggrieved by an action of the agency or
54	54	decision of the commissioner under this section may appeal to a
55	55	district court in Travis County. An appeal must be made by serving
56	56	the commissioner with citation issued and served in the manner
57	57	provided by law for civil suits. The petition must state the action
58	58	or decision from which the appeal is taken. At trial, the court
59	59	shall determine all issues of law and fact, except as provided by
60	60	Section 33.081(g).
61	61	SECTION 3. Section 11.182(b), Education Code, is amended to
62	62	read as follows:
63	63	(b) A board of trustees may determine whether to use the
64	64	evaluation tool, except as required by Section 39A.002 [39.102(a)].
65	65	SECTION 4. The heading to Section 39.022, Education Code,
66	66	is amended to read as follows:
67	67	Sec. 39.022. INSTRUCTIONALLY SUPPORTIVE ASSESSMENT
68	68	PROGRAM.
69	69	SECTION 5. Section 39.022, Education Code, is amended by
70	70	amending Subsection (a) and adding Subsections (a-1) and (c) to
71	71	read as follows:
72	72	(a) The agency [State Board of Education by rule] shall
73	73	create and implement a balanced and streamlined statewide
74	74	assessment program for assessment instruments administered under
75	75	this subchapter [that is knowledge- and skills-based] to ensure
76	76	school accountability for student achievement that:
77	77	(1) is aligned with the essential knowledge and skills
78	78	adopted by the State Board of Education under Section 28.002;
79	79	(2) achieves the goals provided under Section 4.002;
80	80	and
81	81	(3) supports classroom instruction.
82	82	(a-1) The agency [After adopting rules under this section,
83	83	the State Board of Education] shall consider the importance of
84	84	maintaining stability in the statewide assessment program when
85	85	modifying the program [adopting any subsequent modification of the
86	86	rules].
87	87	(c) The assessment program implemented under this section
88	88	must include:
89	89	(1) assessment instruments administered under
90	90	Sections 39.023(a), (c), and (l);
91	91	(2) optional interim assessment instruments described
92	92	by Section 39.023(o); and
93	93	(3) technical assistance and guidance to school
94	94	districts and open-enrollment charter schools for implementing the
95	95	assessment program, including assistance and guidance on:
96	96	(A) implementing a comprehensive assessment
97	97	strategy that:
98	98	(i) improves student performance and
99	99	promotes mastery of the essential knowledge and skills; and
100	100	(ii) informs educators regarding
101	101	assessment requirements; and
102	102	(B) reducing the assessment burden on students
103	103	and school personnel.
104	104	SECTION 6. Subchapter B, Chapter 39, Education Code, is
105	105	amended by adding Section 39.0225 to read as follows:
106	106	Sec. 39.0225. REDESIGN OF ASSESSMENT INSTRUMENTS. (a) The
107	107	agency shall redesign the assessment instruments administered
108	108	under this subchapter to incorporate improvements identified in
109	109	reports submitted under Section 39.0236(d). To the extent
110	110	practicable, the agency shall:
111	111	(1) reduce the length of the assessment instruments;
112	112	(2) begin administration of the redesigned assessment
113	113	instruments with assessment instruments administered during the
114	114	2026 spring semester; and
115	115	(3) begin providing technical assistance and guidance
116	116	under Section 39.022(c) to school districts and open-enrollment
117	117	charter schools regarding the redesigned assessment instruments in
118	118	the 2026-2027 school year.
119	119	(b) This section expires September 1, 2028.
120	120	SECTION 7. Sections 39.023(a-11), (c), (c-3), (c-8), (e),
121	121	(g), (i), (l), and (o), Education Code, are amended to read as
122	122	follows:
123	123	(a-11) Before an assessment instrument adopted or developed
124	124	under Subsection (a) may be administered under that subsection, the
125	125	assessment instrument must, on the basis of empirical evidence, be
126	126	determined to be valid and reliable by the advisory committees
127	127	established under Section 39.02302 or an entity that is, as
128	128	determined by the commissioner, independent of the agency and of
129	129	any other entity that developed the assessment instrument.
130	130	(c) The agency shall also adopt end-of-course assessment
131	131	instruments for secondary-level courses in Algebra I, biology,
132	132	English I, English II, and United States history. The Algebra I
133	133	end-of-course assessment instrument must be administered with the
134	134	aid of technology, but may include one or more parts that prohibit
135	135	the use of technology. The English I and English II end-of-course
136	136	assessment instruments must each assess essential knowledge and
137	137	skills in both reading and writing and must provide a single score.
138	138	A school district shall comply with agency [State Board of
139	139	Education] rules regarding administration of the assessment
140	140	instruments listed in this subsection. If a student is in a special
141	141	education program under Subchapter A, Chapter 29, the student's
142	142	admission, review, and dismissal committee shall determine whether
143	143	any allowable modification is necessary in administering to the
144	144	student an assessment instrument required under this subsection.
145	145	The agency [State Board of Education] shall administer the
146	146	assessment instruments. An end-of-course assessment instrument
147	147	may be administered in multiple parts over more than one day. [The
148	148	State Board of Education shall adopt a schedule for the
149	149	administration of end-of-course assessment instruments that
150	150	complies with the requirements of Subsection (c-3).]
151	151	(c-3) The agency shall adopt a schedule for the
152	152	administration of assessment instruments under this section for
153	153	each school year and, to the extent practicable, provide the
154	154	schedule to each school district and open-enrollment charter school
155	155	two years before the school year to which the schedule applies. To
156	156	the extent practicable and for the purpose of mitigating local
157	157	scheduling conflicts, including University Interscholastic League
158	158	athletic competitions, the schedule adopted under this section must
159	159	establish testing windows for the administration of each assessment
160	160	instrument and allow a district or school to administer an
161	161	assessment instrument on any date selected by the district or
162	162	school that falls within the testing window for the instrument
163	163	[Except as provided by Subsection (c-7) or (c-10) or as otherwise
164	164	provided by this subsection, in adopting a schedule for the
165	165	administration of assessment instruments under this section, the
166	166	State Board of Education shall ensure that assessment instruments
167	167	administered under Subsection (a) or (c) are not administered on
168	168	the first instructional day of a week. On request by a school
169	169	district or open-enrollment charter school, the commissioner may
170	170	allow the district or school to administer an assessment instrument
171	171	required under Subsection (a) or (c) on the first instructional day
172	172	of a week if administering the assessment instrument on another
173	173	instructional day would result in a significant administrative
174	174	burden due to specific local conditions].
175	175	(c-8) Not [Beginning with the 2022-2023 school year, not]
176	176	more than 75 percent of the available points on an assessment
177	177	instrument developed under Subsection (a) or (c) may be
178	178	attributable to questions presented in a multiple choice format.
179	179	To the extent practicable, the agency shall include classroom
180	180	teachers in the process of scoring questions not presented in a
181	181	multiple choice format.
182	182	(e) Under rules adopted by the agency [State Board of
183	183	Education], every third year, the agency shall release the
184	184	questions and answer keys to each assessment instrument
185	185	administered under Subsection (a), (b), (c), (d), or (l), excluding
186	186	any assessment instrument administered to a student for the purpose
187	187	of retaking the assessment instrument, after the last time the
188	188	instrument is administered for that school year. To ensure a valid
189	189	bank of questions for use each year, the agency is not required to
190	190	release a question that is being field-tested and was not used to
191	191	compute the student's score on the instrument. The agency shall
192	192	also release[, under board rule,] each question that is no longer
193	193	being field-tested and that was not used to compute a student's
194	194	score. During the 2014-2015 and 2015-2016 school years, the agency
195	195	shall release the questions and answer keys to assessment
196	196	instruments as described by this subsection each year.
197	197	(g) The agency [State Board of Education] may adopt one
198	198	appropriate, nationally recognized, norm-referenced assessment
199	199	instrument in reading and mathematics to be administered to a
200	200	selected sample of students in the spring. If adopted, a
201	201	norm-referenced assessment instrument must be a secured test. The
202	202	state may pay the costs of purchasing and scoring the adopted
203	203	assessment instrument and of distributing the results of the
204	204	adopted instrument to the school districts. A district that
205	205	administers the norm-referenced test adopted under this subsection
206	206	shall report the results to the agency in a manner prescribed by the
207	207	commissioner.
208	208	(i) The provisions of this section, except Subsection (d),
209	209	are subject to modification by rules adopted under Section 39.001
210	210	[39.022]. Each assessment instrument adopted under those rules and
211	211	each assessment instrument required under Subsection (d) must be
212	212	reliable and valid and must meet any applicable federal
213	213	requirements for measurement of student progress.
214	214	(l) The agency [State Board of Education] shall adopt rules
215	215	for the administration of the assessment instruments adopted under
216	216	Subsection (a) in Spanish to emergent bilingual students in grades
217	217	three through five, as defined by Section 29.052, whose primary
218	218	language is Spanish, and who are not otherwise exempt from the
219	219	administration of an assessment instrument under Section
220	220	39.027(a)(1) or (2). Each emergent bilingual student whose primary
221	221	language is Spanish, other than a student to whom Subsection (b)
222	222	applies, may be assessed using assessment instruments in Spanish
223	223	under this subsection for up to three years or assessment
224	224	instruments in English under Subsection (a). The language
225	225	proficiency assessment committee established under Section 29.063
226	226	shall determine which students are administered assessment
227	227	instruments in Spanish under this subsection.
228	228	(o) The agency shall adopt or develop optional interim
229	229	assessment instruments for each subject or course for each grade
230	230	level subject to assessment under this section. A school district
231	231	or open-enrollment charter school may [not be required to]
232	232	administer to students enrolled at the district or school interim
233	233	assessment instruments adopted or developed under this subsection.
234	234	An interim assessment instrument:
235	235	(1) must be:
236	236	(A) when possible, predictive of the assessment
237	237	instrument for the applicable subject or course for that grade
238	238	level required under this section; and
239	239	(B) administered electronically; and
240	240	(2) may not be used for accountability purposes.
241	241	SECTION 8. Section 39.0238(b), Education Code, is amended
242	242	to read as follows:
243	243	(b) The board of trustees of a school district or the
244	244	governing body of an open-enrollment charter school may consider
245	245	the dates of religious holy days or periods of observance likely to
246	246	be observed by the students enrolled in the district or school
247	247	during the period set by the agency [State Board of Education] for
248	248	the administration of assessment instruments required under
249	249	Section 39.023 in establishing:
250	250	(1) the district's or school's calendar for that
251	251	school year; and
252	252	(2) the instructional days within that period on which
253	253	district or school students are administered the required
254	254	assessment instruments, provided that the board of trustees or
255	255	governing body may not exclude more than two instructional days
256	256	from that period based solely on the occurrence of a single
257	257	religious holy day or period of observance.
258	258	SECTION 9. Section 39.026, Education Code, is amended to
259	259	read as follows:
260	260	Sec. 39.026. LOCAL OPTION. In addition to the assessment
261	261	instruments adopted and administered by the agency [and
262	262	administered by the State Board of Education], a school district
263	263	may adopt and administer criterion-referenced or norm-referenced
264	264	assessment instruments, or both, at any grade level. A
265	265	norm-referenced assessment instrument adopted under this section
266	266	must be economical, nationally recognized, and state-approved.
267	267	SECTION 10. Section 39.027(b), Education Code, is amended
268	268	to read as follows:
269	269	(b) The agency [State Board of Education] shall adopt rules
270	270	under which a dyslexic student who is not exempt under Subsection
271	271	(a) may use procedures including oral examinations if appropriate
272	272	or may be allowed additional time or the materials or technology
273	273	necessary for the student to demonstrate the student's mastery of
274	274	the competencies the assessment instruments are designed to
275	275	measure.
276	276	SECTION 11. Section 39.029, Education Code, is amended to
277	277	read as follows:
278	278	Sec. 39.029. MIGRATORY CHILDREN. The agency [State Board
279	279	of Education] by rule may provide alternate dates for the
280	280	administration of the assessment instruments to a student who is a
281	281	migratory child as defined by 20 U.S.C. Section 6399. The alternate
282	282	dates may be chosen following a consideration of migrant work
283	283	patterns, and the dates selected may afford maximum opportunity for
284	284	the students to be present when the assessment instruments are
285	285	administered.
286	286	SECTION 12. Section 39.030(a), Education Code, is amended
287	287	to read as follows:
288	288	(a) In adopting academic skills assessment instruments
289	289	under this subchapter, the agency [State Board of Education] or a
290	290	school district shall ensure the security of the instruments and
291	291	tests in their preparation, administration, and grading. Meetings
292	292	or portions of meetings held by the agency [State Board of
293	293	Education] or a school district at which individual assessment
294	294	instruments or assessment instrument items are discussed or adopted
295	295	are not open to the public under Chapter 551, Government Code, and
296	296	the assessment instruments or assessment instrument items are
297	297	confidential.
298	298	SECTION 13. Sections 39.032(c-1) and (e), Education Code,
299	299	are amended to read as follows:
300	300	(c-1) The standardization norms computed under Subsection
301	301	(c) shall be:
302	302	(1) based on a national probability sample that meets
303	303	accepted standards for educational and psychological testing; and
304	304	(2) updated at least every eight years using proven
305	305	psychometric procedures approved by the agency [State Board of
306	306	Education].
307	307	(e) The agency [State Board of Education] shall adopt rules
308	308	for the implementation of this section and for the maintenance of
309	309	the security of the contents of all assessment instruments.
310	310	SECTION 14. Section 39.054(b-1), Education Code, is
311	311	transferred to Section 39.052, Education Code, redesignated as
312	312	Section 39.052(b-1), Education Code, and amended to read as
313	313	follows:
314	314	(b-1) Consideration of the effectiveness of district
315	315	programs under Subsection (b)(2)(B) [Section 39.052(b)(2)(B)] or
316	316	(C):
317	317	(1) must:
318	318	(A) be based on data collected through the Public
319	319	Education Information Management System (PEIMS) for purposes of
320	320	accountability under this chapter; and
321	321	(B) include the results of assessments required
322	322	under Section 39.023; and
323	323	(2) may be based on the results of a special
324	324	investigation conducted under Section 39.003.
325	325	SECTION 15. Section 39.053, Education Code, is amended by
326	326	amending Subsections (a), (c), and (f) and adding Subsections
327	327	(c-4), (f-1), (f-2), (f-3), and (f-4) to read as follows:
328	328	(a) The commissioner shall adopt a set of indicators of the
329	329	quality of learning and achievement, including the indicators under
330	330	Subsection (c). The commissioner periodically shall review the
331	331	indicators for the consideration of appropriate revisions and may,
332	332	if the commissioner determines an indicator otherwise required
333	333	under this subchapter is not valid or reliable, exclude the
334	334	indicator from the set of indicators adopted under this section.
335	335	(c) School districts and campuses must be evaluated based on
336	336	three domains of indicators of achievement adopted under this
337	337	section that include:
338	338	(1) in the student achievement domain, indicators of
339	339	student achievement that must include:
340	340	(A) for evaluating the performance of districts
341	341	and campuses generally:
342	342	(i) an indicator that accounts for the
343	343	results of assessment instruments required under Sections
344	344	39.023(a), (c), and (l), as applicable for the district and campus,
345	345	including the results of assessment instruments required for
346	346	graduation retaken by a student, aggregated across grade levels by
347	347	subject area, including:
348	348	(a) for the performance standard
349	349	determined by the commissioner under Section 39.0241(a), the
350	350	percentage of students who performed satisfactorily on the
351	351	assessment instruments, aggregated across grade levels by subject
352	352	area; and
353	353	(b) for the college readiness
354	354	performance standard as determined under Section 39.0241, the
355	355	percentage of students who performed satisfactorily on the
356	356	assessment instruments, aggregated across grade levels by subject
357	357	area; and
358	358	(ii) an indicator that accounts for the
359	359	results of assessment instruments required under Section
360	360	39.023(b), as applicable for the district and campus, including the
361	361	percentage of students who performed satisfactorily on the
362	362	assessment instruments, as determined by the performance standard
363	363	adopted by the agency, aggregated across grade levels by subject
364	364	area; and
365	365	(B) for evaluating the performance of high school
366	366	campuses and districts that include high school campuses,
367	367	indicators that account for:
368	368	(i) students who satisfy the Texas Success
369	369	Initiative (TSI) college readiness benchmarks prescribed by the
370	370	Texas Higher Education Coordinating Board under Section 51.334 on
371	371	an assessment instrument in reading or mathematics designated by
372	372	the coordinating board under that section;
373	373	(ii) students who satisfy relevant
374	374	performance standards on advanced placement tests or similar
375	375	assessments;
376	376	(iii) students who earn dual course credits
377	377	in the dual credit courses;
378	378	(iv) students who demonstrate military
379	379	readiness:
380	380	(a) through verified enlistment
381	381	[enlist] in the armed forces of the United States or the Texas
382	382	National Guard; or
383	383	(b) by achieving a passing score set
384	384	by the commissioner on the Armed Services Vocational Aptitude
385	385	Battery Test and successfully completing a Junior Reserve Officer
386	386	Training Corps program;
387	387	(v) students who earn industry
388	388	certifications;
389	389	(vi) students admitted into postsecondary
390	390	industry certification programs that require as a prerequisite for
391	391	entrance successful performance at the secondary level;
392	392	(vii) students whose successful completion
393	393	of a course or courses under Section 28.014 indicates the student's
394	394	preparation to enroll and succeed, without remediation, in an
395	395	entry-level general education course for a baccalaureate degree or
396	396	associate degree;
397	397	(viii) students who successfully met
398	398	standards on a composite of indicators that through research
399	399	indicates the student's preparation to enroll and succeed, without
400	400	remediation, in an entry-level general education course for a
401	401	baccalaureate degree or associate degree;
402	402	(ix) high school graduation rates, computed
403	403	in accordance with standards and definitions adopted in compliance
404	404	with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
405	405	subject to the exclusions provided by Subsections (g), (g-1),
406	406	(g-2), (g-3), and (g-4);
407	407	(x) students who successfully completed an
408	408	OnRamps dual enrollment course;
409	409	(xi) students who successfully completed a
410	410	practicum or internship approved by the State Board of Education;
411	411	(xii) students who are awarded an associate
412	412	degree; and
413	413	(xiii) students who successfully completed
414	414	a program of study in career and technical education;
415	415	(2) in the school progress domain, indicators for
416	416	effectiveness in promoting student learning, which must include:
417	417	(A) for assessment instruments, including
418	418	assessment instruments under Subdivisions (1)(A)(i) and (ii), the
419	419	percentage of students who met the standard for improvement, as
420	420	determined by the commissioner; and
421	421	(B) for evaluating relative performance, the
422	422	performance of districts and campuses compared to similar districts
423	423	or campuses; and
424	424	(3) in the closing the gaps domain, the use of
425	425	disaggregated data to demonstrate the differentials among students
426	426	from different racial and ethnic groups, socioeconomic
427	427	backgrounds, and other factors, including:
428	428	(A) students formerly receiving special
429	429	education services;
430	430	(B) students continuously enrolled; and
431	431	(C) students who are mobile.
432	432	(c-4) The agency shall study the college, career, and
433	433	military readiness indicators adopted under Subsection (c) to
434	434	determine the correlation of each indicator with postsecondary
435	435	success, including the correlation of industry certifications with
436	436	wages and available jobs. The value assigned to each indicator must
437	437	be:
438	438	(1) based on the strength of the indicator's
439	439	correlation with successful outcomes; and
440	440	(2) updated in accordance with Subsection (f-1).
441	441	(f) Annually, the commissioner shall define and may modify
442	442	the state standards [standard for the current school year] for each
443	443	[achievement] indicator adopted under this subchapter in
444	444	[section. In] consultation with educators, parents, and business
445	445	and industry representatives, as necessary. The [, the]
446	446	commissioner shall increase the rigor by which the commissioner
447	447	determines the overall performance ratings under Section 39.054(a)
448	448	[establish and modify standards] to continuously improve student
449	449	performance to, not later than the 15th year after the date the
450	450	commissioner modifies the performance standards under Subsection
451	451	(f-1), achieve the goals of:
452	452	(1) eliminating achievement gaps based on race,
453	453	ethnicity, and socioeconomic status; and
454	454	(2) ensuring [to ensure] this state ranks nationally
455	455	[is a national leader] in the top five states in preparing students
456	456	for postsecondary success and on the National Assessment of
457	457	Educational Progress or its successor assessment.
458	458	(f-1) Beginning with the indicators adopted for the
459	459	2027-2028 school year and as required to meet the goals under
460	460	Subsection (f), the commissioner shall increase the scores needed
461	461	to achieve performance standards on indicators adopted under this
462	462	subchapter only every fifth school year unless an indicator adopted
463	463	under Subsection (c) requires adjustment before that school year to
464	464	ensure consistency of performance standards.
465	465	(f-2) To the extent practicable, for each of the two school
466	466	years preceding a school year the commissioner increases a score
467	467	under Subsection (f-1), the commissioner shall report, in a manner
468	468	that can be reviewed by school administrators, the overall
469	469	performance of school districts and campuses under that increased
470	470	score.
471	471	(f-3) In reporting the performance of school districts and
472	472	campuses on indicators adopted under this subchapter for a school
473	473	year in which the score needed to achieve performance standards on
474	474	one or more of those indicators was increased under Subsection
475	475	(f-1), the commissioner shall include in the report an
476	476	informational report on the performance of districts and campuses
477	477	during the preceding school year under the increased score.
478	478	(f-4) Notwithstanding Subsection (f), the commissioner may
479	479	define state standards for an indicator adopted under this
480	480	subchapter for multiple school years provided that the commissioner
481	481	annually affirms that those standards are applicable to the current
482	482	school year. The commissioner is not required to adopt the
483	483	affirmation described by this subsection by rule.
484	484	SECTION 16. Subchapter C, Chapter 39, Education Code, is
485	485	amended by adding Section 39.0531 to read as follows:
486	486	Sec. 39.0531. INDUSTRY CERTIFICATION LIST. (a) The agency
487	487	shall maintain a list of industry certifications that are eligible
488	488	for purposes of Section 39.053(c)(1)(B)(v). In developing the
489	489	list, the agency shall consider the inventory of
490	490	industry-recognized certifications developed under Section
491	491	312.003, Labor Code. The certifications must:
492	492	(1) be aligned to a program of study that, according to
493	493	labor market data, prepares students for high-wage, high-skill,
494	494	in-demand occupations;
495	495	(2) allow students to demonstrate mastery of the
496	496	skills required for occupations within an approved program of
497	497	study; and
498	498	(3) be obtained through an assessment of the knowledge
499	499	and skills provided by or determined by an independent, third-party
500	500	certifying entity using predetermined standards for knowledge,
501	501	skills, and competencies.
502	502	(b) The agency shall review the eligibility of industry
503	503	certifications under Subsection (a), including whether the
504	504	programs of study for those certifications still meet the
505	505	requirements under that subsection:
506	506	(1) in consultation with the advisory council
507	507	established under Chapter 312, Labor Code; and
508	508	(2) to the extent practicable, concurrently with the
509	509	modification of performance standards under Section 39.053(f-1).
510	510	(c) If, after reviewing an industry certification under
511	511	Subsection (b), the agency determines the certification is no
512	512	longer eligible for purposes of Section 39.053(c)(1)(B)(v) and
513	513	should be removed from the list maintained under Subsection (a),
514	514	the agency shall, to the extent practicable, post on the agency's
515	515	Internet website information regarding the removal of the
516	516	certification not later than two years before the date the agency
517	517	intends to remove the certification from the list.
518	518	(d) During the three years following an agency's
519	519	determination under Subsection (c) that an industry certification
520	520	is no longer eligible for purposes of Section 39.053(c)(1)(B)(v), a
521	521	school district may receive the benefit of achievement indicators
522	522	based on that industry certification for purposes of Section
523	523	39.053(c) only for a cohort of students who:
524	524	(1) were participating in the program of study aligned
525	525	with that certification during the school year the agency
526	526	determines the certification is no longer eligible; and
527	527	(2) earn the certification within the three-year
528	528	period.
529	529	SECTION 17. Section 39.054, Education Code, is amended by
530	530	amending Subsections (a), (a-3), (a-4), (a-5), and (b) and adding
531	531	Subsections (a-6), (c), and (d) to read as follows:
532	532	(a) Except as provided by Subsection (a-4), the
533	533	commissioner shall adopt rules to evaluate school district and
534	534	campus performance and, each school year, assign each district and
535	535	campus an overall performance rating of A, B, C, D, or F. In
536	536	addition to the overall performance rating, each school year, the
537	537	commissioner shall assign each district and campus a separate
538	538	domain performance rating of A, B, C, D, or F for each domain under
539	539	Section 39.053(c). An overall or domain performance rating of A
540	540	reflects exemplary performance. An overall or domain performance
541	541	rating of B reflects recognized performance. An overall or domain
542	542	performance rating of C reflects acceptable performance. An
543	543	overall or domain performance rating of D reflects performance that
544	544	needs improvement. An overall or domain performance rating of F
545	545	reflects unacceptable performance. A district may not receive an
546	546	overall or domain performance rating of A if the district includes
547	547	any campus with a corresponding overall or domain performance
548	548	rating of D or F. If a school district has been approved under
549	549	Section 39.0544 to assign campus performance ratings and the
550	550	commissioner has not assigned a campus an overall performance
551	551	rating of D or F, the commissioner shall assign the campus an
552	552	overall performance rating based on the school district assigned
553	553	performance rating under Section 39.0544.
554	554	(a-3) Except as provided by Subsection (c), not [Not] later
555	555	than August 15 of each year, the following information shall be made
556	556	publicly available as provided by rules adopted under this
557	557	section:
558	558	(1) the performance ratings for each school district
559	559	and campus; and
560	560	(2) if applicable, the number of consecutive school
561	561	years of unacceptable performance ratings for each district and
562	562	campus.
563	563	(a-4) Notwithstanding any other law and except as provided
564	564	by Subsection (a-6), the commissioner may assign a school district
565	565	or campus an overall performance rating of "Not Rated" if the
566	566	commissioner determines that the assignment of a performance rating
567	567	of A, B, C, D, or F would be inappropriate because:
568	568	(1) the district or campus is located in an area that
569	569	is subject to a declaration of a state of disaster under Chapter
570	570	418, Government Code, and due to the disaster, performance
571	571	indicators for the district or campus are difficult to measure or
572	572	evaluate and would not accurately reflect quality of learning and
573	573	achievement for the district or campus;
574	574	(2) the district or campus has experienced breaches or
575	575	other failures in data integrity to the extent that accurate
576	576	analysis of data regarding performance indicators is not possible;
577	577	(3) the number of students enrolled in the district or
578	578	campus is insufficient to accurately evaluate the performance of
579	579	the district or campus; or
580	580	(4) for other reasons outside the control of the
581	581	district or campus, the performance indicators would not accurately
582	582	reflect quality of learning and achievement for the district or
583	583	campus.
584	584	(a-5) Notwithstanding any other law, an overall performance
585	585	rating of "Not Rated" is not included in calculating consecutive
586	586	school years of unacceptable performance ratings and is not
587	587	considered a break in consecutive school years of unacceptable
588	588	performance ratings for purposes of any provision of this code. Any
589	589	interventions or sanctions to which a school district or campus is
590	590	subject under Chapter 39A shall continue during a period in which
591	591	the district or campus is assigned an overall performance rating of
592	592	"Not Rated."
593	593	(a-6) The commissioner may not assign an overall
594	594	performance rating of "Not Rated" to all school districts or all
595	595	campuses on a statewide basis.
596	596	(b) For purposes of assigning school districts and campuses
597	597	an overall and a domain performance rating under Subsection (a),
598	598	the commissioner shall, to the extent practicable, ensure that the
599	599	method used to evaluate performance is implemented in a manner that
600	600	provides the mathematical possibility that all districts and
601	601	campuses receive an A rating.
602	602	(c) The commissioner shall make the information under
603	603	Subsection (a-3) available as soon as reasonably possible in years
604	604	in which the standards are modified or recalibrated or in which a
605	605	new assessment instrument is offered.
606	606	(d) Failure to assign a performance rating to a school
607	607	district or campus before the deadline provided by Subsection (a-3)
608	608	does not invalidate the performance rating assigned to the district
609	609	or campus or any resulting intervention or sanction imposed on the
610	610	district or campus.
611	611	SECTION 18. Section 39.0541, Education Code, is amended to
612	612	read as follows:
613	613	Sec. 39.0541. ADOPTION OF INDICATORS AND STANDARDS. The
614	614	commissioner may adopt indicators and standards under this
615	615	subchapter at any time [during a school year] before issuing the
616	616	evaluation of a school district or campus.
617	617	SECTION 19. Section 39.0542, Education Code, is amended by
618	618	amending Subsection (a) and adding Subsection (d) to read as
619	619	follows:
620	620	(a) The [Each school year, the] commissioner shall provide
621	621	each school district a document in a simple, accessible format that
622	622	explains the accountability performance measures, methods, and
623	623	procedures that will be applied [for that school year] in assigning
624	624	each school district and campus a performance rating under Section
625	625	39.054.
626	626	(d) Failure to provide the document described by Subsection
627	627	(a) does not prevent the assignment of performance ratings under
628	628	Section 39.054 and may not be the basis of a challenge to a
629	629	performance rating assigned under that section.
630	630	SECTION 20. Section 39.151(e), Education Code, is amended
631	631	to read as follows:
632	632	(e) A school district or open-enrollment charter school may
633	633	not challenge on any basis, including a lack of commissioner or
634	634	agency authority, an agency decision relating to an academic or
635	635	financial accountability rating under this chapter, including a
636	636	decision relating to a determination of consecutive school years of
637	637	unacceptable performance ratings, in another proceeding unless
638	638	[if] the district or school has exhausted the district's or school's
639	639	remedies [had an opportunity to challenge the decision] under this
640	640	section.
641	641	SECTION 21. Section 39.201(a), Education Code, is amended
642	642	to read as follows:
643	643	(a) The [Not later than August 8 of each year, the]
644	644	commissioner shall award distinction designations for outstanding
645	645	performance as provided by this subchapter concurrently with the
646	646	assignment of performance ratings under Section 39.054. A
647	647	distinction designation awarded to a district or campus under this
648	648	subchapter shall be referenced directly in connection with the
649	649	performance rating assigned to the district or campus and made
650	650	publicly available together with the performance ratings as
651	651	provided by rules adopted under Section 39.054 [39.054(a)].
652	652	SECTION 22. Subchapter H, Chapter 39, Education Code, is
653	653	amended by adding Section 39.231 to read as follows:
654	654	Sec. 39.231. LOCAL ACCOUNTABILITY GRANT PROGRAM. (a) From
655	655	money appropriated or otherwise available for the purpose, the
656	656	agency shall establish a grant program with capacity to assist at
657	657	least one school district per education service center region in
658	658	developing a local accountability system that complies with the
659	659	requirements of Section 39.0544.
660	660	(b) The commissioner shall adopt rules to implement this
661	661	section.
662	662	SECTION 23. Section 39A.001, Education Code, is amended to
663	663	read as follows:
664	664	Sec. 39A.001. GROUNDS FOR COMMISSIONER ACTION. The
665	665	commissioner shall take any of the actions authorized by this
666	666	subchapter to the extent the commissioner determines necessary if:
667	667	(1) a school district does not satisfy:
668	668	(A) the accreditation criteria under Section
669	669	39.052;
670	670	(B) the academic performance standards under
671	671	Section 39.053 or 39.054; or
672	672	(C) any financial accountability standard as
673	673	determined by commissioner rule; [or]
674	674	(2) the commissioner considers the action to be
675	675	appropriate on the basis of a special investigation under Section
676	676	39.003; or
677	677	(3) a school district initiates or maintains an action
678	678	or proceeding against the state or an agency or officer of the
679	679	state.
680	680	SECTION 24. Subchapter A, Chapter 39A, Education Code, is
681	681	amended by adding Section 39A.008 to read as follows:
682	682	Sec. 39A.008. INTERVENTION RELATED TO SCHOOL DISTRICT OR
683	683	OPEN-ENROLLMENT CHARTER SCHOOL ACTION OR PROCEEDING AGAINST STATE.
684	684	(a) This section applies to a school district or open-enrollment
685	685	charter school subject to commissioner action under Section
686	686	39A.001(3).
687	687	(b) The commissioner shall appoint a conservator to a school
688	688	district or open-enrollment charter school to which this section
689	689	applies.
690	690	(c) The conservator appointed under Subsection (b) shall
691	691	require the school district or open-enrollment charter school to
692	692	demonstrate, by a deadline established by the conservator, that the
693	693	district or school is in compliance with Sections 45.105(c-1) and
694	694	45.1051. If the conservator determines that the district or school
695	695	is not in compliance with those sections, the conservator shall
696	696	order the district or school to, as applicable:
697	697	(1) withdraw from the action or proceeding; or
698	698	(2) take the necessary actions to come into compliance
699	699	with Section 45.1051.
700	700	(d) If a school district or open-enrollment charter school
701	701	fails to comply with an order by the conservator by the deadline
702	702	established by the conservator, the commissioner may:
703	703	(1) for a school district, appoint a board of managers
704	704	to oversee the operations of the district; or
705	705	(2) for an open-enrollment charter school, order
706	706	reconstitution of the school's governing board.
707	707	(e) An action taken or decision made by the commissioner or
708	708	a conservator under this section is final and not subject to appeal
709	709	under Section 7.057, Chapter 39, or this chapter.
710	710	SECTION 25. Subchapter Z, Chapter 39A, Education Code, is
711	711	amended by adding Section 39A.908 to read as follows:
712	712	Sec. 39A.908. INTERVENTIONS AND SANCTIONS WHILE ASSIGNMENT
713	713	OF PERFORMANCE RATINGS ENJOINED. (a) Notwithstanding any other
714	714	law, during a period in which the agency is enjoined from assigning
715	715	performance ratings to a school district, open-enrollment charter
716	716	school, or district or school campus, any previously imposed
717	717	interventions or sanctions to which the district, school, or campus
718	718	is subject shall continue throughout that period.
719	719	(b) As soon as practicable after the dissolution of an
720	720	injunction described by Subsection (a), the agency shall:
721	721	(1) assign performance ratings for each school year
722	722	and to each school district, open-enrollment charter school, and
723	723	district or school campus for which the agency was enjoined from
724	724	assigning performance ratings; and
725	725	(2) as applicable, impose any appropriate
726	726	interventions or sanctions authorized under this chapter based on
727	727	the ratings assigned under Subdivision (1).
728	728	(c) Notwithstanding any other law, if the agency is
729	729	permanently enjoined from assigning performance ratings to a school
730	730	district, open-enrollment charter school, or district or school
731	731	campus for a school year, the agency shall consider the district,
732	732	school, or campus to have received a "Not Rated" rating for that
733	733	school year for purposes of:
734	734	(1) calculating consecutive years of performance; and
735	735	(2) determining whether to impose an intervention or
736	736	sanction authorized under this chapter.
737	737	(d) To ensure the expeditious implementation of
738	738	interventions or sanctions under this chapter, the agency may
739	739	modify or waive a deadline or time frame required by law or agency
740	740	rule applicable to the assignment of performance ratings for a
741	741	school year for which the agency was enjoined from assigning
742	742	performance ratings.
743	743	(e) Except as provided by Subsection (f), the agency shall
744	744	impose an intervention or sanction described by Subsection (b)(2)
745	745	or (c)(2) as required by law unless the intervention or sanction, as
746	746	determined by the commissioner:
747	747	(1) has been superseded by a subsequent intervention
748	748	or sanction; or
749	749	(2) may be removed based on the subsequent performance
750	750	of a school district, open-enrollment charter school, or district
751	751	or school campus.
752	752	(f) The commissioner shall impose an intervention described
753	753	by Section 12.115(c), 39A.004, or 39A.111, as applicable, on a
754	754	school district, open-enrollment charter school, or district or
755	755	school campus if the district, school, or campus would have been
756	756	subject to commissioner action under the applicable section based
757	757	on the performance rating of the district, school, or campus for a
758	758	school year for which the agency was enjoined from assigning
759	759	performance ratings, regardless of the performance of the district,
760	760	school, or campus in a subsequent school year.
761	761	(g) The commissioner shall revoke a charter holder's
762	762	charter for an open-enrollment charter school for which the charter
763	763	holder received a charter renewal based on the absence of a
764	764	performance rating for a school year for which the agency was
765	765	enjoined from assigning a performance rating if, after the
766	766	assignment of performance ratings for that year, the charter would
767	767	not have been renewed under Section 12.1141(d), regardless of the
768	768	performance of the school in a subsequent school year.
769	769	SECTION 26. Section 45.105(c-1), Education Code, is amended
770	770	to read as follows:
771	771	(c-1) Notwithstanding any other law, federal, state, or
772	772	local funding, including funding under Chapters 46, 48, and 49,
773	773	[Funds described by Subsection (c)] may not be used to initiate or
774	774	maintain any action or proceeding against the state or an agency or
775	775	officer of the state, including an action or proceeding that
776	776	includes a claim of ultra vires conduct [arising out of a decision,
777	777	order, or determination that is final and unappealable under a
778	778	provision of this code], except that funds may be used for an action
779	779	or proceeding that is specifically authorized by a provision of
780	780	this code or by Section 2001.038, Government Code [a rule adopted
781	781	under this code and that results in a final and unappealable
782	782	decision, order, or determination].
783	783	SECTION 27. Subchapter E, Chapter 45, Education Code, is
784	784	amended by adding Section 45.1051 to read as follows:
785	785	Sec. 45.1051. LIMITATION ON ATTORNEY PAYMENTS FOR CERTAIN
786	786	ACTIONS. (a) If a school district or open-enrollment charter
787	787	school brings an action against the agency, the State Board of
788	788	Education, or the State Board for Educator Certification or an
789	789	agent or officer of those entities that alleges ultra vires conduct
790	790	by the entity or an agent or officer of the entity, the district or
791	791	school must deposit all payments relating to the action made to the
792	792	district's or school's attorney in an escrow account. The district
793	793	or school may use money deposited in the escrow account to pay the
794	794	district's or school's attorney only:
795	795	(1) after:
796	796	(A) a final judgment is rendered; and
797	797	(B) all appeals are fully resolved; and
798	798	(2) if the district or school prevails in the action.
799	799	(b) A school district or open-enrollment charter school
800	800	shall provide money deposited in an escrow account under this
801	801	section that may not be paid to the district's or school's attorney
802	802	under Subsection (a) after the rendering of a final judgment and the
803	803	resolution of all appeals to the state for deposit in the foundation
804	804	school fund.
805	805	(c) This section may not be interpreted to authorize an
806	806	action not otherwise authorized by law.
807	807	SECTION 28. Section 22A.001(a), Government Code, is amended
808	808	to read as follows:
809	809	(a) The attorney general may petition the chief justice of
810	810	the supreme court to convene a special three-judge district court
811	811	in any suit filed in a district court in this state in which this
812	812	state or a state officer or agency is a defendant in a claim that:
813	813	(1) challenges the finances or operations of this
814	814	state's public school system, including challenges to the
815	815	implementation of the public school accountability system under
816	816	Chapter 39, Education Code; or
817	817	(2) involves the apportionment of districts for the
818	818	house of representatives, the senate, the State Board of Education,
819	819	or the United States Congress, or state judicial districts.
820	820	SECTION 29. The heading to Section 312.003, Labor Code, is
821	821	amended to read as follows:
822	822	Sec. 312.003. INVENTORY OF CERTIFICATIONS [CREDENTIALS AND
823	823	CERTIFICATES].
824	824	SECTION 30. Sections 312.003(a), (b), (c), and (d), Labor
825	825	Code, are amended to read as follows:
826	826	(a) The advisory council shall develop an inventory of
827	827	industry-recognized certifications [credentials and certificates]
828	828	that may be earned by a public high school student through a career
829	829	and technology education program and that:
830	830	(1) are aligned to state and regional workforce needs;
831	831	[and]
832	832	(2) serve as an entry point to middle- and high-wage
833	833	jobs; and
834	834	(3) meet the requirements of Section 39.0531(a),
835	835	Education Code.
836	836	(b) The inventory must include for each certification
837	837	[credential or certificate]:
838	838	(1) the associated career cluster;
839	839	(2) the awarding entity;
840	840	(3) the level of education required and any additional
841	841	requirements for the certification [credential or certificate];
842	842	(4) any fees for obtaining the certification
843	843	[credential or certificate]; and
844	844	(5) the average wage or salary for jobs that require or
845	845	prefer the certification [credential or certificate].
846	846	(c) In developing the inventory, the advisory council may
847	847	consult with local workforce boards, the Texas Workforce Investment
848	848	Council, the Texas Economic Development and Tourism Office, the
849	849	Texas Education Agency, and the Texas Higher Education Coordinating
850	850	Board.
851	851	(d) The advisory council shall establish a process for
852	852	developing the inventory, including the criteria for the inclusion
853	853	of a certification [credential or certificate] in the inventory.
854	854	SECTION 31. (a) Section 15, Chapter 925 (S.B. 1566), Acts
855	855	of the 85th Legislature, Regular Session, 2017, which amended
856	856	Section 39.102(a), Education Code, is repealed.
857	857	(b) The following provisions of the Education Code are
858	858	repealed:
859	859	(1) Section 33.0812; and
860	860	(2) Sections 39.023(a-4), (c-7), and (c-10).
861	861	SECTION 32. A rule of the State Board of Education under
862	862	Sections 39.022, 39.029, and 39.032(e), Education Code, that is in
863	863	effect on the effective date of this Act remains in effect until
864	864	changed by the commissioner of education in accordance with those
865	865	sections as amended by this Act.
866	866	SECTION 33. The changes in law made by Sections
867	867	39.023(a-11), 39.053(a), 39.054, 39.0541, and 39.0542, Education
868	868	Code, as amended by this Act, apply to an action or determination
869	869	related to public school accountability and accountability ratings
870	870	beginning with the 2022-2023 school year, regardless of whether the
871	871	action or determination occurred before, on, or after the effective
872	872	date of this Act.
873	873	SECTION 34. The changes in law made by Section 39.053,
874	874	Education Code, as amended by this Act, and Section 39.0531,
875	875	Education Code, as added by this Act, apply to accountability
876	876	ratings beginning with the 2027-2028 school year.
877	877	SECTION 35. This Act takes effect immediately if it
878	878	receives a vote of two-thirds of all the members elected to each
879	879	house, as provided by Section 39, Article III, Texas Constitution.
880	880	If this Act does not receive the vote necessary for immediate
881	881	effect, this Act takes effect September 1, 2025.