| 1 | 1 | | 89R14836 CMO-D |
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| 2 | 2 | | By: Hinojosa H.B. No. 5282 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the use of artificial intelligence to score certain |
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| 10 | 10 | | portions of assessment instruments administered to public school |
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| 11 | 11 | | students. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 39.023, Education Code, is amended by |
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| 14 | 14 | | adding Subsections (q) and (r) to read as follows: |
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| 15 | 15 | | (q) Except as provided by Subsection (r), the agency shall |
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| 16 | 16 | | prohibit the use of artificial intelligence, including an |
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| 17 | 17 | | artificial intelligence-based algorithm, algorithmic device, |
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| 18 | 18 | | automated scoring engine, or any scoring method that uses |
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| 19 | 19 | | artificial intelligence in part, to score a constructed response on |
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| 20 | 20 | | an assessment instrument administered under this section or an |
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| 21 | 21 | | assessment system developed under Section 39.027(e). This |
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| 22 | 22 | | subsection does not prohibit the use of a machine to score a |
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| 23 | 23 | | multiple choice response. |
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| 24 | 24 | | (r) A scoring method otherwise prohibited by Subsection (q) |
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| 25 | 25 | | may be used to score a constructed response described by that |
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| 26 | 26 | | subsection if the scoring method: |
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| 27 | 27 | | (1) was trained on representative samples of |
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| 28 | 28 | | constructed responses that include the responses of students who |
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| 29 | 29 | | are: |
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| 30 | 30 | | (A) educationally disadvantaged; |
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| 31 | 31 | | (B) emergent bilingual students, as defined by |
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| 32 | 32 | | Section 29.052; or |
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| 33 | 33 | | (C) eligible to enroll in a school district's |
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| 34 | 34 | | special education program under Subchapter A, Chapter 29; |
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| 35 | 35 | | (2) demonstrates scoring validity and reliability at |
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| 36 | 36 | | levels consistent with industry-accepted standards for automated |
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| 37 | 37 | | machine or hybrid automated machine scoring methods, including |
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| 38 | 38 | | standards established by the National Assessment of Educational |
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| 39 | 39 | | Progress; and |
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| 40 | 40 | | (3) has been evaluated by a qualified independent |
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| 41 | 41 | | entity, unaffiliated with the agency, an advisory group of the |
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| 42 | 42 | | agency, or any entity involved in the development of the scoring |
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| 43 | 43 | | method and the entity certifies that the scoring method: |
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| 44 | 44 | | (A) is valid and reliable in scoring constructed |
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| 45 | 45 | | responses; |
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| 46 | 46 | | (B) does not demonstrate any measurable bias |
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| 47 | 47 | | against a student described by Subdivision (1); and |
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| 48 | 48 | | (C) meets all applicable psychometric standards |
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| 49 | 49 | | for the scoring of assessment instruments. |
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| 50 | 50 | | SECTION 2. This Act applies beginning with the 2025-2026 |
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| 51 | 51 | | school year. |
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| 52 | 52 | | SECTION 3. This Act takes effect immediately if it receives |
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| 53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
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| 54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
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| 56 | 56 | | Act takes effect September 1, 2025. |
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