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Texas House Bill HB890

Texas 2025 - 89th Regular

Texas House Bill HB890 Compare Versions

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11 89R2178 MM-D
22 By: Vasut H.B. No. 890
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the administration of assessment instruments to public
1010 school students.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 18.006(b), Education Code, is amended to
1313 read as follows:
1414 (b) In addition to other factors determined to be
1515 appropriate by the commissioner, the accountability system must
1616 include consideration of:
1717 (1) student performance on the [end-of-course]
1818 assessment instruments administered under [required by] Section
1919 39.023(c); and
2020 (2) dropout rates, including dropout rates and diploma
2121 program completion rates for the grade levels served by the diploma
2222 program.
2323 SECTION 2. Section 25.005(b), Education Code, is amended to
2424 read as follows:
2525 (b) A reciprocity agreement must:
2626 (1) address procedures for:
2727 (A) transferring student records;
2828 (B) awarding credit for completed course work;
2929 and
3030 (C) permitting a student to satisfy the
3131 requirements of Section 39.025 through successful performance on
3232 comparable [end-of-course or other exit-level] assessment
3333 instruments administered in another state; and
3434 (2) include appropriate criteria developed by the
3535 agency.
3636 SECTION 3. Section 28.014(a), Education Code, is amended to
3737 read as follows:
3838 (a) Each school district shall partner with at least one
3939 institution of higher education to develop and provide courses in
4040 college preparatory mathematics and English language arts. The
4141 courses must be designed:
4242 (1) for students at the 12th grade level whose
4343 performance on:
4444 (A) an [end-of-course] assessment instrument
4545 administered [required] under Section 39.023(c) does not meet
4646 college readiness standards; or
4747 (B) coursework, a college entrance examination,
4848 or an assessment instrument designated under Section 51.334
4949 indicates that the student is not ready to perform entry-level
5050 college coursework; and
5151 (2) to prepare students for success in entry-level
5252 college courses.
5353 SECTION 4. Sections 28.0211(a-1), (a-8), and (o), Education
5454 Code, are amended to read as follows:
5555 (a-1) Each time a student fails to perform satisfactorily on
5656 an assessment instrument administered under Section 39.023(a) or
5757 (l) in the third, fourth, fifth, sixth, seventh, or eighth grade or
5858 an [end-of-course] assessment instrument administered under
5959 Section 39.023(c), other than an assessment instrument developed or
6060 adopted based on alternative academic achievement standards, the
6161 school district in which the student attends school shall provide
6262 to the student accelerated instruction in the applicable subject
6363 area during the subsequent summer or school year and, subject to
6464 Subsections (a-7) and (a-8), either:
6565 (1) allow the student to be assigned a classroom
6666 teacher who is certified as a master, exemplary, or recognized
6767 teacher under Section 21.3521 for the subsequent school year in the
6868 applicable subject area; or
6969 (2) provide the student supplemental instruction
7070 under Subsection (a-4).
7171 (a-8) A school district may not be required to provide
7272 supplemental instruction under Subsection (a-1)(2) to a student in
7373 more than two subject areas per school year. If the district would
7474 otherwise be required to provide supplemental instruction to a
7575 student in more than two subject areas for a school year, the
7676 district shall prioritize providing supplemental instruction to
7777 the student in mathematics and reading[, or Algebra I, English I, or
7878 English II, as applicable,] for that school year.
7979 (o) This section does not require the administration of an
8080 [a fifth or eighth grade] assessment instrument in a subject under
8181 Section 39.023(a) to a student enrolled in the fifth [or eighth]
8282 grade[, as applicable,] if the student[:
8383 [(1)] is enrolled in a course in the subject intended
8484 for students above the student's grade level and will be
8585 administered an assessment instrument [adopted or developed] under
8686 Section 39.023(a) that aligns with the curriculum for the course in
8787 which the student is enrolled[; or
8888 [(2) is enrolled in a course in the subject for which
8989 the student will receive high school academic credit and will be
9090 administered an end-of-course assessment instrument adopted under
9191 Section 39.023(c) for the course].
9292 SECTION 5. Section 28.023(c), Education Code, is amended to
9393 read as follows:
9494 (c) A school district shall give a student in grade level
9595 six or above credit for a subject on the basis of an examination for
9696 credit in the subject approved by the board of trustees under
9797 Subsection (a) if the student scores in the 80th percentile or above
9898 on the examination or if the student achieves a score as provided by
9999 Subsection (c-1). If a student is given credit in a subject on the
100100 basis of an examination, the district shall enter the examination
101101 score on the student's transcript [and the student is not required
102102 to take an end-of-course assessment instrument adopted under
103103 Section 39.023(c) for that subject].
104104 SECTION 6. Sections 28.025(b-4) and (c-8), Education Code,
105105 are amended to read as follows:
106106 (b-4) A school district may offer the curriculum described
107107 in Subsections (b-1)(1) through (4) in an applied manner. Courses
108108 delivered in an applied manner must cover the essential knowledge
109109 and skills[, and the student shall be administered the applicable
110110 end-of-course assessment instrument as provided by Sections
111111 39.023(c) and 39.025].
112112 (c-8) For purposes of Subsection (c-7), the admission,
113113 review, and dismissal committee of a student in a special education
114114 program under Subchapter A, Chapter 29, shall determine whether the
115115 student is required to achieve satisfactory performance on an
116116 [end-of-course] assessment instrument administered under Section
117117 39.023(c) to earn an endorsement on the student's transcript.
118118 SECTION 7. Section 28.0258, Education Code, is amended by
119119 amending Subsections (a), (b), (f), (h), (j), and (k) and adding
120120 Subsections (m) and (n) to read as follows:
121121 (a) This section applies only to an 11th or 12th grade
122122 student who has failed to comply with the [end-of-course]
123123 assessment instrument performance requirements under Section
124124 39.025 for not more than two subjects identified under Section
125125 39.023(c) [courses].
126126 (b) For each student to whom this section applies, the
127127 school district that the student attends shall establish an
128128 individual graduation committee at the end of or after the
129129 student's 11th grade year to determine whether the student may
130130 qualify to graduate as provided by this section. A student may not
131131 qualify to graduate under this section before the student's 12th
132132 grade year. The committee shall be composed of:
133133 (1) the principal or principal's designee;
134134 (2) for each subject identified under Section
135135 39.023(c) for [end-of-course assessment instrument on] which the
136136 student failed to perform satisfactorily on the appropriate
137137 corresponding required assessment instrument, a [the] teacher of
138138 the student in that subject, designated by the principal [course];
139139 (3) the department chair or lead teacher supervising
140140 the teacher described by Subdivision (2); and
141141 (4) as applicable:
142142 (A) the student's parent or person standing in
143143 parental relation to the student;
144144 (B) a designated advocate described by
145145 Subsection (c) if the person described by Paragraph (A) is unable to
146146 serve; or
147147 (C) the student, at the student's option, if the
148148 student is at least 18 years of age or is an emancipated minor.
149149 (f) Notwithstanding any other law, a student's individual
150150 graduation committee established under this section shall
151151 recommend additional requirements by which the student may qualify
152152 to graduate, including:
153153 (1) additional remediation; and
154154 (2) for each [end-of-course] assessment instrument
155155 required under Section 39.023(c) on which the student failed to
156156 perform satisfactorily:
157157 (A) the completion of a project related to the
158158 subject area [of the course] that demonstrates proficiency in the
159159 subject area; or
160160 (B) the preparation of a portfolio of work
161161 samples in the subject area [of the course], including work samples
162162 [from the course] that demonstrate proficiency in the subject area.
163163 (h) In determining whether a student for whom an individual
164164 graduation committee is established is qualified to graduate, the
165165 committee shall consider:
166166 (1) the recommendation of the student's teacher in
167167 each course of the subject for which the student failed to perform
168168 satisfactorily on an [end-of-course] assessment instrument;
169169 (2) the student's grade in each course of the subject
170170 for which the student failed to perform satisfactorily on an
171171 [end-of-course] assessment instrument;
172172 (3) the student's score on each [end-of-course]
173173 assessment instrument required under Section 39.023(c) on which the
174174 student failed to perform satisfactorily;
175175 (4) the student's performance on any additional
176176 requirements recommended by the committee under Subsection (f);
177177 (5) the number of hours of remediation that the
178178 student has attended, including[:
179179 [(A) attendance in a college preparatory course
180180 required under Section 39.025(b-2), if applicable; or
181181 [(B)] attendance in and successful completion of
182182 a transitional college course in reading or mathematics;
183183 (6) the student's school attendance rate;
184184 (7) the student's satisfaction of any of the Texas
185185 Success Initiative (TSI) college readiness benchmarks prescribed
186186 by the Texas Higher Education Coordinating Board;
187187 (8) the student's successful completion of a dual
188188 credit course in English, mathematics, science, or social studies;
189189 (9) the student's successful completion of a high
190190 school pre-advanced placement, advanced placement, or
191191 international baccalaureate program course in English,
192192 mathematics, science, or social studies;
193193 (10) the student's rating of advanced high on the most
194194 recent high school administration of the Texas English Language
195195 Proficiency Assessment System;
196196 (11) the student's score of 50 or greater on a
197197 College-Level Examination Program examination;
198198 (12) the student's score on:
199199 (A) the ACT or[,] the SAT, if not otherwise
200200 considered under Subdivision (3); or
201201 (B) the Armed Services Vocational Aptitude
202202 Battery test;
203203 (13) the student's completion of a sequence of courses
204204 under a career and technical education program required to attain
205205 an industry-recognized credential or certificate;
206206 (14) the student's overall preparedness for
207207 postsecondary success; and
208208 (15) any other academic information designated for
209209 consideration by the board of trustees of the school district.
210210 (j) Notwithstanding any action taken by an individual
211211 graduation committee under this section, a school district shall
212212 administer an [end-of-course] assessment instrument required under
213213 Section 39.023(c) to any student who fails to perform
214214 satisfactorily on an [end-of-course] assessment instrument
215215 required under Section 39.023(c) as provided by Section 39.025(b).
216216 For purposes of Section 39.053(c)(1), an assessment instrument
217217 administered as provided by this subsection is considered an
218218 assessment instrument required for graduation retaken by a student.
219219 (k) The commissioner shall adopt rules as necessary to
220220 administer [implement] this section [not later than the 2015-2016
221221 school year].
222222 (m) For a student subject to Section 39.025(f-3)(1):
223223 (1) for purposes of Subsection (a), this section
224224 applies only to an 11th or 12th grade student who has failed to
225225 comply with the end-of-course assessment instrument performance
226226 requirements under Section 39.025, as that section existed before
227227 amendment by __.B. ____, Acts of the 89th Legislature, Regular
228228 Session, 2025, for not more than two courses listed in Section
229229 39.023(c), as that section existed before amendment by __.B. ____,
230230 Acts of the 89th Legislature, Regular Session, 2025;
231231 (2) for purposes of the composition of an individual
232232 graduation committee under Subsection (b)(2), the committee shall
233233 include the teacher of the course for each end-of-course assessment
234234 instrument described by Subdivision (1) for which the student
235235 failed to perform satisfactorily;
236236 (3) for purposes of Subsection (h)(1), an individual
237237 graduation committee shall consider the recommendation of the
238238 teacher described by Subdivision (2); and
239239 (4) for purposes of Subsection (h)(2), an individual
240240 graduation committee shall consider the student's grade in each
241241 course described by Subdivision (2).
242242 (n) Subsection (m) and this subsection expire September 1,
243243 2029.
244244 SECTION 8. Sections 29.081(b) and (b-1), Education Code,
245245 are amended to read as follows:
246246 (b) Each district shall provide accelerated instruction to
247247 a student enrolled in the district who has taken an [end-of-course]
248248 assessment instrument administered under Section 39.023(c) and has
249249 not performed satisfactorily on the assessment instrument or who is
250250 at risk of dropping out of school.
251251 (b-1) Each school district shall offer before the next
252252 scheduled administration of the assessment instrument, without
253253 cost to the student, additional accelerated instruction to each
254254 student in any subject in which the student failed to perform
255255 satisfactorily on an [end-of-course] assessment instrument
256256 required for graduation.
257257 SECTION 9. Section 29.087(f), Education Code, is amended to
258258 read as follows:
259259 (f) A student participating in a program authorized by this
260260 section, other than a student ordered to participate under
261261 Subsection (d)(1), must have taken any [the] appropriate
262262 [end-of-course] assessment instrument [instruments] specified by
263263 Section 39.023(c) that is administered before the student enters
264264 [entering] the program and must take any [each] appropriate
265265 [end-of-course] assessment instrument that is administered during
266266 the period in which the student is enrolled in the program. Except
267267 for a student ordered to participate under Subsection (d)(1), a
268268 student participating in the program may not take the high school
269269 equivalency examination unless the student has taken the assessment
270270 instruments required by this subsection.
271271 SECTION 10. Sections 29.099(d) and (h), Education Code, are
272272 amended to read as follows:
273273 (d) A participating campus shall identify a student who does
274274 not perform at grade level on a mathematics [an] assessment
275275 instrument administered under Section 39.023(a) [39.023(a)(1)], or
276276 an equivalent assessment instrument administered under Section
277277 39.023(l), as a student eligible for participation in the
278278 intervention program. During a student's placement in the
279279 intervention program, a campus shall use progress monitoring
280280 assessments to ensure that a student is making appropriate progress
281281 in the program.
282282 (h) [Program Evaluation.] The commissioner of education
283283 shall contract for the evaluation of the effectiveness of the
284284 intervention program established under this section. The
285285 commissioner may consider centers for education research to conduct
286286 this evaluation. The evaluation shall describe progress under the
287287 mathematics assessment instruments administered under Section
288288 39.023(a) [39.023(a)(1)] or equivalent assessment instruments
289289 administered under Section 39.023(l) to students participating in
290290 the intervention program.
291291 SECTION 11. Section 29.402(b), Education Code, is amended
292292 to read as follows:
293293 (b) A person who is under 26 years of age is eligible to
294294 enroll in a dropout recovery program under this subchapter if the
295295 person:
296296 (1) must complete not more than three course credits
297297 to complete the curriculum requirements for the foundation high
298298 school program for high school graduation; or
299299 (2) has failed to perform satisfactorily on, as
300300 applicable:
301301 (A) an [end-of-course] assessment instrument
302302 administered under Section 39.023(c);
303303 (B) an assessment instrument administered under
304304 Section 39.023(c) as that section existed before amendment by __.B.
305305 ____, Acts of the 89th Legislature, Regular Session, 2025; or
306306 (C) an assessment instrument administered under
307307 Section 39.023(c) as that section existed before amendment by
308308 Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular
309309 Session, 2007.
310310 SECTION 12. Section 39.023, Education Code, is amended by
311311 amending Subsections (a), (a-1), (a-2), (a-11), (a-12), (a-13),
312312 (c), (c-3), (c-5), (e), (g), (h), (i), and (p) and adding
313313 Subsections (h-1) and (q) to read as follows:
314314 (a) The commissioner [agency] shall identify a procedure
315315 for a school district to select the Iowa Assessments or other
316316 similar, available assessment instruments for the assessment of
317317 [adopt or develop appropriate criterion-referenced assessment
318318 instruments designed to assess] essential knowledge and skills
319319 annually in grades three through eight in each federally required
320320 subject, including [in] reading, mathematics, [social studies,]
321321 and science. Except as provided by Subsection (a-2), all students,
322322 other than students assessed under Subsection (b) or (l) or
323323 exempted under Section 39.027, shall be assessed in accordance with
324324 this subsection. Each school district shall select one or more
325325 assessment instruments for purposes of this subsection. A school
326326 district that selects more than one assessment instrument must
327327 uniformly administer to students in the district the same
328328 assessment instrument to satisfy the requirement for the same
329329 subject[:
330330 [(1) mathematics, annually in grades three through
331331 eight;
332332 [(2) reading, annually in grades three through eight;
333333 [(3) social studies, in grade eight;
334334 [(4) science, in grades five and eight; and
335335 [(5) any other subject and grade required by federal
336336 law].
337337 (a-1) The agency shall adopt [develop] assessment
338338 instruments required under Subsection (a) in a manner that allows,
339339 to the extent practicable:
340340 (1) the score a student receives to provide reliable
341341 information relating to a student's satisfactory performance for
342342 each performance standard under Section 39.0241; and
343343 (2) an appropriate range of performances to serve as a
344344 valid indication of growth in student achievement.
345345 (a-2) Except as required by federal law, a student is not
346346 required to be assessed in a subject otherwise assessed at the
347347 student's grade level under Subsection (a) if the student[:
348348 [(1)] is enrolled in a course in the subject intended
349349 for students above the student's grade level and will be
350350 administered an assessment instrument adopted [or developed] under
351351 Subsection (a) that aligns with the curriculum for the course in
352352 which the student is enrolled[; or
353353 [(2) is enrolled in a course in the subject for which
354354 the student will receive high school academic credit and will be
355355 administered an end-of-course assessment instrument adopted under
356356 Subsection (c) for the course].
357357 (a-11) Before an assessment instrument adopted [or
358358 developed] under Subsection (a) may be administered under that
359359 subsection, the assessment instrument must, on the basis of
360360 empirical evidence, be determined to be valid and reliable by an
361361 entity that is independent of the agency and of any other entity
362362 that developed the assessment instrument.
363363 (a-12) An assessment instrument adopted [or developed]
364364 under Subsection (a) may not have more than three parts. A part of
365365 an assessment instrument must be designed so that:
366366 (1) if administered to students in grades three and
367367 four, 85 percent of students will be able to complete that part
368368 within 60 minutes; and
369369 (2) if administered to students in grades five through
370370 eight, 85 percent of students will be able to complete that part
371371 within 75 minutes.
372372 (a-13) The amount of time allowed for administration of an
373373 assessment instrument adopted [or developed] under Subsection (a)
374374 may not exceed eight hours, and the administration may occur in
375375 multiple parts over more than one day.
376376 (c) The agency shall also provide for [adopt end-of-course]
377377 assessment instruments for each federally required secondary-level
378378 subject, including English language arts, mathematics, and
379379 science. The commissioner shall identify a procedure for a school
380380 district to select the SAT, the ACT, or any other nationally
381381 recognized, norm-referenced secondary-level assessment instrument
382382 designated by the commissioner for the assessment of students under
383383 this subsection. Each school district shall select one or more
384384 assessment instruments for purposes of this subsection. A school
385385 district that selects more than one assessment instrument must
386386 uniformly administer to students in the district the same
387387 assessment instrument to satisfy the requirement for the same
388388 subject [courses in Algebra I, biology, English I, English II, and
389389 United States history. The Algebra I end-of-course assessment
390390 instrument must be administered with the aid of technology, but may
391391 include one or more parts that prohibit the use of technology]. An
392392 [The English I and English II end-of-course] assessment instrument
393393 designated under this subsection [instruments] must [each] assess
394394 essential knowledge and skills in the appropriate subject [both
395395 reading and writing and must provide a single score]. A school
396396 district shall comply with State Board of Education rules regarding
397397 administration of the assessment instruments under [listed in] this
398398 subsection. If a student is in a special education program under
399399 Subchapter A, Chapter 29, the student's admission, review, and
400400 dismissal committee shall determine whether any allowable
401401 modification is necessary in administering to the student an
402402 assessment instrument required under this subsection. [The State
403403 Board of Education shall administer the assessment instruments. An
404404 end-of-course assessment instrument may be administered in
405405 multiple parts over more than one day. The State Board of Education
406406 shall adopt a schedule for the administration of end-of-course
407407 assessment instruments that complies with the requirements of
408408 Subsection (c-3).]
409409 (c-3) Except as provided by Subsection [(c-7) or] (c-10) [or
410410 as otherwise provided by this subsection], in adopting a schedule
411411 for the administration of assessment instruments under this
412412 section, the State Board of Education shall ensure that assessment
413413 instruments administered under Subsection (a) or (c) are not
414414 administered on the first instructional day of a week. On request
415415 by a school district or open-enrollment charter school, the
416416 commissioner may allow the district or school to administer an
417417 assessment instrument required under Subsection (a) or (c) on the
418418 first instructional day of a week if administering the assessment
419419 instrument on another instructional day would result in a
420420 significant administrative burden due to specific local
421421 conditions.
422422 (c-5) A student's performance on an [end-of-course]
423423 assessment instrument administered [required] under Subsection (c)
424424 must be included in the student's academic achievement record.
425425 (e) Under rules adopted by the State Board of Education,
426426 every third year, the agency shall release the questions and answer
427427 keys to each assessment instrument administered under Subsection
428428 [(a),] (b)[, (c), (d),] or (l), excluding any assessment instrument
429429 administered to a student for the purpose of retaking the
430430 assessment instrument, after the last time the instrument is
431431 administered for that school year. To ensure a valid bank of
432432 questions for use each year, the agency is not required to release a
433433 question that is being field-tested and was not used to compute the
434434 student's score on the instrument. The agency shall also release,
435435 under board rule, each question that is no longer being
436436 field-tested and that was not used to compute a student's score.
437437 [During the 2014-2015 and 2015-2016 school years, the agency shall
438438 release the questions and answer keys to assessment instruments as
439439 described by this subsection each year.]
440440 (g) An [The State Board of Education may adopt one
441441 appropriate, nationally recognized, norm-referenced] assessment
442442 instrument administered under Subsection (a) or (c) [in reading and
443443 mathematics to be administered to a selected sample of students in
444444 the spring. If adopted, a norm-referenced assessment instrument]
445445 must be a secured test. The commissioner shall contract with a
446446 vendor to administer the assessment instrument, complete the
447447 scoring of the assessment instrument, and distribute within a
448448 reasonable period the results to the agency and the relevant
449449 results to each school district. As soon as practicable after the
450450 district receives the results from the vendor under this
451451 subsection, the district shall:
452452 (1) distribute the relevant results to each district
453453 campus; and
454454 (2) provide written notice to the student and the
455455 student's parent or person standing in parental relation to the
456456 student that states the student's results and whether the student
457457 performed satisfactorily on the assessment instrument [The state
458458 may pay the costs of purchasing and scoring the adopted assessment
459459 instrument and of distributing the results of the adopted
460460 instrument to the school districts. A district that administers
461461 the norm-referenced test adopted under this subsection shall report
462462 the results to the agency in a manner prescribed by the
463463 commissioner].
464464 (h) Except as provided by Subsection (g), the [The] agency
465465 shall notify school districts and campuses of the results of
466466 assessment instruments administered under this section not later
467467 than the 21st day after the date the assessment instrument is
468468 administered.
469469 (h-1) A [The] school district shall disclose to each
470470 district teacher the results of assessment instruments
471471 administered to students taught by the teacher in the subject for
472472 the school year in which the assessment instrument is administered.
473473 (i) The provisions of this section[, except Subsection
474474 (d),] are subject to modification by rules adopted under Section
475475 39.022. Each assessment instrument adopted or designated under
476476 those rules [and each assessment instrument required under
477477 Subsection (d)] must be reliable and valid and must meet any
478478 applicable federal requirements for measurement of student
479479 progress.
480480 (p) On or before September 1 of each year, the commissioner
481481 shall make the following information available on the agency's
482482 Internet website for each assessment instrument administered under
483483 Subsection [(a), (c), or] (l):
484484 (1) the number of questions on the assessment
485485 instrument;
486486 (2) the number of questions that must be answered
487487 correctly to achieve satisfactory performance as determined by the
488488 commissioner under Section 39.0241(a);
489489 (3) the number of questions that must be answered
490490 correctly to achieve satisfactory performance under the college
491491 readiness performance standard as provided by Section 39.0241; and
492492 (4) the corresponding scale scores.
493493 (q) Notwithstanding any provision of this section or other
494494 law, if changes made to the Every Student Succeeds Act (20 U.S.C.
495495 Section 6301 et seq.) reduce the number or frequency of assessment
496496 instruments required to be administered to students, the State
497497 Board of Education shall adopt rules reducing the number or
498498 frequency of assessment instruments administered to students under
499499 state law, and the commissioner shall ensure that students are not
500500 assessed in subject areas or in grades that are no longer required
501501 to meet the minimum requirements of that Act.
502502 SECTION 13. The heading to Section 39.0232, Education Code,
503503 is amended to read as follows:
504504 Sec. 39.0232. USE OF [END-OF-COURSE] ASSESSMENT INSTRUMENT
505505 AS PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED.
506506 SECTION 14. Sections 39.0232(a), (b), and (c), Education
507507 Code, are amended to read as follows:
508508 (a) To the extent practicable, the agency shall ensure that
509509 any high school [end-of-course] assessment instrument designated
510510 under Section 39.023(c) [developed by the agency is developed in
511511 such a manner that the assessment instrument] may be used to
512512 determine the appropriate placement of a student in a course of the
513513 same subject matter at an institution of higher education.
514514 (b) A student's performance on an [end-of-course]
515515 assessment instrument administered under Section 39.023(c) may not
516516 be used:
517517 (1) in determining the student's class ranking for any
518518 purpose, including entitlement to automatic college admission
519519 under Section 51.803 or 51.804; or
520520 (2) as a sole criterion in the determination of
521521 whether to admit the student to a general academic teaching
522522 institution in this state.
523523 (c) Subsection (b)(2) does not prohibit a general academic
524524 teaching institution from implementing an admission policy that
525525 takes into consideration a student's performance on an
526526 [end-of-course] assessment instrument administered under Section
527527 39.023(c) in addition to other criteria.
528528 SECTION 15. Section 39.0234(a), Education Code, is amended
529529 to read as follows:
530530 (a) Each assessment instrument required under Section
531531 39.023(l) [39.023(a), (c), or (l)] must be administered
532532 electronically, unless otherwise provided by commissioner rule.
533533 SECTION 16. Section 39.0241, Education Code, is amended by
534534 amending Subsection (a-1) and adding Subsection (a-2) to read as
535535 follows:
536536 (a-1) The commissioner of education, in collaboration with
537537 the commissioner of higher education, shall determine the level of
538538 performance necessary to indicate college readiness[, as defined by
539539 Section 39.024(a)].
540540 (a-2) In this section, "college readiness" means the level
541541 of preparation a student must attain in English language arts and
542542 mathematics courses to enroll and succeed, without remediation, in
543543 an entry-level general education course for credit in that same
544544 content area for a baccalaureate degree or associate degree program
545545 at:
546546 (1) a general academic teaching institution, as
547547 defined by Section 61.003, other than a research institution, as
548548 categorized under the Texas Higher Education Coordinating Board's
549549 accountability system; or
550550 (2) a postsecondary educational institution that
551551 primarily offers associate degrees or certificates or credentials
552552 other than baccalaureate or advanced degrees.
553553 SECTION 17. Section 39.025, Education Code, is amended by
554554 amending Subsections (a), (a-4), (a-5), (b), and (b-1) and adding
555555 Subsection (f-3) to read as follows:
556556 (a) The commissioner shall adopt rules requiring a student
557557 in the foundation high school program under Section 28.025 to be
558558 administered each [an end-of-course] assessment instrument
559559 selected under [listed in] Section 39.023(c) by the school district
560560 [only for a course] in which the student is enrolled [and for which
561561 an end-of-course assessment instrument is administered]. Each
562562 student's performance on an assessment instrument selected under
563563 Section 39.023(c) shall be evaluated to determine whether the [A]
564564 student achieved [is required to achieve] a scale score that
565565 indicates satisfactory performance, as determined by the
566566 commissioner under Section 39.0241(a)[, on each end-of-course
567567 assessment instrument administered to the student]. For each scale
568568 score required under this subsection that is not based on a
569569 100-point scale scoring system, the commissioner shall provide for
570570 conversion, in accordance with commissioner rule, of the scale
571571 score to an equivalent score based on a 100-point scale scoring
572572 system. A student may not receive a high school diploma until the
573573 student has performed satisfactorily on each assessment instrument
574574 selected under Section 39.023(c) [end-of-course assessment
575575 instruments] in the manner provided under this subsection. This
576576 subsection does not require a student to demonstrate readiness to
577577 enroll in an institution of higher education.
578578 (a-4) The admission, review, and dismissal committee of a
579579 student in a special education program under Subchapter A, Chapter
580580 29, shall determine whether, to receive a high school diploma, the
581581 student is required to achieve satisfactory performance on
582582 [end-of-course] assessment instruments administered under Section
583583 39.023(c).
584584 (a-5) Notwithstanding Subsection (a), a student who has
585585 failed to perform satisfactorily on an [end-of-course] assessment
586586 instrument required under Section 39.023(c) [instruments] in the
587587 manner provided under this section may receive a high school
588588 diploma if the student has qualified for graduation under Section
589589 28.0258.
590590 (b) Each time an [end-of-course] assessment instrument
591591 [adopted] under Section 39.023(c) is administered, a student who
592592 failed to achieve a score requirement under Subsection (a) may
593593 retake the assessment instrument. A student is not required to
594594 retake a course as a condition of retaking the [an end-of-course]
595595 assessment instrument.
596596 (b-1) A school district shall provide each student who fails
597597 to perform satisfactorily as determined by the commissioner under
598598 Section 39.0241(a) on an [end-of-course] assessment instrument
599599 administered under Section 39.023(c) with accelerated instruction
600600 under Section 28.0211 [in the subject assessed by the assessment
601601 instrument].
602602 (f-3) The commissioner shall by rule adopt a transition plan
603603 to implement the amendments made by _.B. ___, Acts of the 89th
604604 Legislature, Regular Session, 2025, replacing end-of-course
605605 assessment instruments with one or more assessment instruments
606606 selected by a school district under Section 39.023(c). The rules
607607 must provide for each assessment instrument selected by a school
608608 district under Section 39.023(c) to be administered beginning with
609609 students enrolled in the ninth grade for the first time during the
610610 2025-2026 school year. During the period under which the
611611 transition from end-of-course assessment instruments is made:
612612 (1) for students entering a grade above the ninth
613613 grade during the 2025-2026 school year or students repeating ninth
614614 grade during the 2025-2026 school year, the commissioner shall
615615 retain, administer, and use for purposes of accreditation and other
616616 campus and district accountability measures under this chapter the
617617 end-of-course assessment instruments required by Section
618618 39.023(c), as that section existed before amendment by _.B. ___,
619619 Acts of the 89th Legislature, Regular Session, 2025; and
620620 (2) a student subject to Subdivision (1) may not
621621 receive a high school diploma unless the student has performed
622622 satisfactorily on:
623623 (A) each required end-of-course assessment
624624 instrument administered under Section 39.023(c), as that section
625625 existed before amendment by _.B. ___, Acts of the 89th Legislature,
626626 Regular Session, 2025; or
627627 (B) each assessment instrument selected under
628628 Section 39.023(c) by the district in which the student is enrolled.
629629 SECTION 18. Section 39.034(d), Education Code, is amended
630630 to read as follows:
631631 (d) The agency shall determine the necessary annual
632632 improvement required each year for a student to be prepared to
633633 perform satisfactorily on, as applicable:
634634 (1) the grade five assessment instruments;
635635 (2) the grade eight assessment instruments; and
636636 (3) the [end-of-course] assessment instruments
637637 required under this subchapter for graduation.
638638 SECTION 19. Section 39.035(a), Education Code, is amended
639639 to read as follows:
640640 (a) Subject to Subsection (b), the agency may conduct field
641641 testing of questions for any assessment instrument administered
642642 under Section 39.023(b) [39.023(a), (b), (c), (d),] or (l) that is
643643 separate from the administration of the assessment instrument not
644644 more frequently than every other school year.
645645 SECTION 20. Section 39.036(a), Education Code, is amended
646646 to read as follows:
647647 (a) The agency shall develop a vertical scale for assessing
648648 student performance on mathematics and reading assessment
649649 instruments administered under Section 39.023(a) [Sections
650650 39.023(a)(1) and (2)] in a manner that allows the agency to compare
651651 the performance of a student on the assessment instruments from one
652652 grade level to the next.
653653 SECTION 21. Section 39.203(c), Education Code, is amended
654654 to read as follows:
655655 (c) In addition to the distinction designations described
656656 by Subsections (a) and (b), a campus that satisfies the criteria
657657 developed under Section 39.204 shall be awarded a distinction
658658 designation by the commissioner for outstanding performance in
659659 academic achievement in English language arts, mathematics, or
660660 science[, or social studies].
661661 SECTION 22. Section 51.338(c), Education Code, is amended
662662 to read as follows:
663663 (c) A student who has achieved scores set by the board on the
664664 questions developed for end-of-course assessment instruments under
665665 Section 39.0233(a), as that section existed before repeal by
666666 _.B. ___, Acts of the 89th Legislature, Regular Session, 2025, is
667667 exempt from the requirements of this subchapter. The exemption is
668668 effective for the three-year period following the date a student
669669 takes the last assessment instrument for purposes of this
670670 subchapter and achieves the standard set by the board. This
671671 subsection does not apply during any period for which the board
672672 designates the questions developed for end-of-course assessment
673673 instruments under Section 39.0233(a), as that section existed
674674 before repeal by _.B. ___, Acts of the 89th Legislature, Regular
675675 Session, 2025, as the primary assessment instrument under this
676676 subchapter, except that the three-year period described by this
677677 subsection remains in effect for students who qualify for an
678678 exemption under this subsection before that period.
679679 SECTION 23. The following provisions of the Education Code
680680 are repealed:
681681 (1) Sections 39.023(a-4), (a-15), (c-2), (c-4),
682682 (c-6), (c-7), (c-8), (c-9), and (d);
683683 (2) Section 39.0233;
684684 (3) Section 39.024;
685685 (4) Sections 39.025(a-1), (a-2), (a-3), and (e-1); and
686686 (5) Section 39.203(d).
687687 SECTION 24. As soon as practicable after the effective date
688688 of this Act, each school district shall provide notice to an eighth
689689 grade student under Section 39.025(g), Education Code, informing
690690 the student of the specific requirements applicable to the student
691691 under Sections 39.023(c) and 39.025(a), Education Code, as amended
692692 by this Act.
693693 SECTION 25. This Act applies beginning with the 2027-2028
694694 school year.
695695 SECTION 26. This Act takes effect immediately if it
696696 receives a vote of two-thirds of all the members elected to each
697697 house, as provided by Section 39, Article III, Texas Constitution.
698698 If this Act does not receive the vote necessary for immediate
699699 effect, this Act takes effect September 1, 2025.