89R14836 CMO-D
By: Hinojosa H.B. No. 5282
A BILL TO BE ENTITLED
AN ACT
relating to the use of artificial intelligence to score certain
portions of assessment instruments administered to public school
students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.023, Education Code, is amended by
adding Subsections (q) and (r) to read as follows:
(q) Except as provided by Subsection (r), the agency shall
prohibit the use of artificial intelligence, including an
artificial intelligence-based algorithm, algorithmic device,
automated scoring engine, or any scoring method that uses
artificial intelligence in part, to score a constructed response on
an assessment instrument administered under this section or an
assessment system developed under Section 39.027(e). This
subsection does not prohibit the use of a machine to score a
multiple choice response.
(r) A scoring method otherwise prohibited by Subsection (q)
may be used to score a constructed response described by that
subsection if the scoring method:
(1) was trained on representative samples of
constructed responses that include the responses of students who
are:
(A) educationally disadvantaged;
(B) emergent bilingual students, as defined by
Section 29.052; or
(C) eligible to enroll in a school district's
special education program under Subchapter A, Chapter 29;
(2) demonstrates scoring validity and reliability at
levels consistent with industry-accepted standards for automated
machine or hybrid automated machine scoring methods, including
standards established by the National Assessment of Educational
Progress; and
(3) has been evaluated by a qualified independent
entity, unaffiliated with the agency, an advisory group of the
agency, or any entity involved in the development of the scoring
method and the entity certifies that the scoring method:
(A) is valid and reliable in scoring constructed
responses;
(B) does not demonstrate any measurable bias
against a student described by Subdivision (1); and
(C) meets all applicable psychometric standards
for the scoring of assessment instruments.
SECTION 2. This Act applies beginning with the 2025-2026
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 September 1, 2025.