By: Bernal H.B. No. 5353
A BILL TO BE ENTITLED
AN ACT
relating to the administration of certain assessment instruments
and the accountability rating system for assessing campus and
district performance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.023, Education Code, is amended by
amending Subsections (a), (c), and (c-2) and adding Subsections (q)
and (r) to read as follows:
(a) The agency shall adopt or develop appropriate
criterion-referencednationally norm-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;
(3) social studies, in grade eight;
[(4)] science, in grades five and eight; and
(4) [(5)] any other subject and grade required by
federal law.
(c) The agency shall also adopt Texas Success Initiative
assessments or nationally norm-referenced [end-of-course]
assessment instruments, such as the SAT or ACT, 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 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.
(r) If the commissioner determines that a waiver or
authorization from the United States Department of Education is
necessary for Texas Success Initiative assessments to be designated
as the state's high school test under the Every Student Succeeds Act
in this subsection, the commissioner shall conduct any technical
studies necessary to ensure compliance with federal guidelines and
request the waiver or authorization until the waiver or
authorization is granted.
SECTION 2. Section 39.025(a) and (a-1), Education Code, are
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. A student 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. 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
demonstrates College, Career, or Military Readiness as defined
under Section 39.053(c)(1)(B). This subsection does not require a
student to demonstrate readiness to enroll in an institution of
higher education.
(a-1) A student enrolled in a college preparatory
mathematics or English language arts course under Section 28.014
who satisfies the Texas Success Initiative college readiness
benchmarks prescribed by the Texas Higher Education Coordinating
Board under Section 51.334 on an assessment instrument designated
by the coordinating board under that section administered at the
end of the college preparatory mathematics or English language arts
course satisfies the requirements concerning and is exempt from the
administration of the mathematics or reading [Algebra I or the
English I and English II] [end-of-course] assessment instrument
[instruments], as applicable, [as prescribed by Section
39.023(c),] even if the student did not perform satisfactorily on a
previous administration of the applicable [end-of-course]
assessment instrument. A student who fails to perform
satisfactorily on the assessment instrument designated by the
coordinating board under Section 51.334 administered as provided by
this subsection may retake that assessment instrument for purposes
of this subsection or may take the [end-of-course] assessment
instrument.
SECTION 3. Subchapter C, Chapter 39, Education Code, is
amended by adding Section 39.0521 to read as follows:
Sec. 39.0521. TEMPORARY PROVISION: ASSIGNMENT OF
PERFORMANCE RATINGS AND SCORING OF ASSESSMENT INSTRUMENTS. (a)
Notwithstanding any other law, for the 2022-2023,2023-2024, AND
2024-2025 school years, the commissioner shall use the cut points,
scaling, targets, indicators, standards, procedures, criteria, and
calculations prescribed by the 2022 Accountability Manual, adopted
under 19 T.A.C. Section 97.1001, as that rule existed on August 15,
2023, to:
(1) evaluate school district and campus performance
and assign each district and campus a performance rating; and
(2) score assessment instruments administered under
Subchapter B.
(b) If the commissioner determines that a waiver or
authorization from the United States Department of Education is
necessary for the implementation of this subsection, the
commissioner shall request the waiver or authorization util the
waiver or authorization is granted.
(c) This section expires August 31, 2026.
SECTION 4. Section 39.053, Education Code, is amended by
amending Subsections (c) and (c-2) and adding Subsections (c-4) and
(c-5) to read as follows:
Section 39.053, Education Code, is amended by amending
Subsections (c) and (c-2) and adding Subsections (c-4) and (c-5) 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 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;
(iii) an indicator that accounts for
extracurricular and cocurricular student success;
(iv) an indicator that accounts for
successful completion of middle school career and technology
education courses; and
(v) an indicator that accounts for middle
school student success in accelerated mathematics; 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 demonstrate military
readiness by:
(a) enlisting [enlist] in the armed
forces of the United States or the Texas National Guard;
(b) achieving a passing score set by
the applicable military branch on the Armed Services Vocational
Aptitude Battery test; or
(c) successfully completing a Junior
Reserve Officer Training Corps program;
(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 and [,] socioeconomic
backgrounds[, and other factors, including:
[(A) students formerly receiving special
education services;
[(B) students continuously enrolled; and
[(C) students who are mobile].
(c-4) Notwithstanding any other provision of this section,
an indicator adopted under Subsection (c) may not be included in
determining the performance rating of a school district or campus
under Section 39.054 unless it has been determined to be valid and
reliable by the commissioner and through a peer review process.
(c-5) Beginning with the 2027-2028 school year, in
calculating the performance of a campus providing instruction in
grades three through eight in the student achievement domain under
Subsection (c)(1):
(1) indicators adopted under Subsections (c)(1)(A)(i)
and (ii) may not collectively contribute more than 80 percent of a
score assigned to the campus; and
(2) indicators adopted under Subsections
(c)(1)(A)(iii), (iv), and (v) may not collectively contribute more
than 20 percent of the score assigned to the campus.
SECTION 5. Section 39.054(b), Education Code, is amended to
read as follows:
(b) For purposes of assigning school districts and campuses
an overall and a domain performance rating under Subsection (a),
the commissioner shall ensure thatthe following:
(1) whenever the agency adds or removes assessments or
makes significant revisions to the state's assessment program, the
agency must review, adjust, and recalculate the accountability cut
scores and standards to ensure fairness and consistency in campus
and district ratings;
(2) each of the three domain ratings for elementary,
middle, and high schools have a weak or no statistical correlation
to the percentage of educationally disadvantaged students enrolled
in order to identify effective schools regardless of family income;
(3) any high school college, career, or military
readiness indicator or methodology changes, made either
statutorily or through the commissioner's rulemaking authority,
that rely on previous year data shall begin with the next incoming
ninth grade class to ensure that these changes are not applied
retroactively; and
(4) that the method used to evaluate performance is
implemented in a manner that provides the mathematical possibility
that all districts and campuses receive an A rating.
SECTION 6. Section 39.0541, Education Code, is amended to
read as follows:
(a) As soon as practicable, the [The] commissioner mayshall
adopt indicators and standards under this subchapter at any time
during a school year before the evaluation of a school district or
campusprior to the school year in which the indicators or standards
are to be effective.
(b) The commissioner may not make changes to the indicators
or standards adopted under this subchapter during the school year
in which the adopted indicators or standards are effective.
SECTION 7. Section 39.0542(a), Education Code, is amended
to read as follows:
(a) Each school year,Not later than July 15 and prior to the
start of the new school year, the commissioner shall provide each
school district a document in a simple, accessible format that
explains the accountability performance measures, methods, and
procedures that will be applied for that school year in assigning
each school district and campus a performance rating under Section
39.054.
SECTION 8. 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 9. Section 39.023(c-9), Education Code, is
repealed.
SECTION 10. This Act applies beginning with the 2025-2026
school year.
SECTION 11. 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.