Texas 2025 - 89th Regular

Texas Senate Bill SB1962 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Bettencourt, et al. S.B. No. 1962
2		-
3		-
	2	+	(In the Senate - Filed March 5, 2025; March 17, 2025, read
	3	+	first time and referred to Committee on Education K-16;
	4	+	April 9, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 9, Nays 1; April 9, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1962 By: Hagenbuch
4	9
5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to the assessment of public school students, public school
9	14		accountability and actions, and proceedings challenging the
10	15		operations of the public school system.
11	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	17		SECTION 1. Section 7.056(e), Education Code, is amended to
13	18		read as follows:
14	19		(e) Except as provided by Subsection (f), a school campus or
15	20		district may not receive an exemption or waiver under this section
16	21		from:
17	22		(1) a prohibition on conduct that constitutes a
18	23		criminal offense;
19	24		(2) a requirement imposed by federal law or rule,
20	25		including a requirement for special education or bilingual
21	26		education programs; or
22	27		(3) a requirement, restriction, or prohibition
23	28		relating to:
24	29		(A) essential knowledge or skills under Section
25	30		28.002 or high school graduation requirements under Section 28.025;
26	31		(B) public school accountability as provided by
27	32		Subchapters B, C, D, and J, Chapter 39, and Chapter 39A;
28	33		(C) extracurricular activities under Section
29	34		33.081 [or participation in a University Interscholastic League
30	35		area, regional, or state competition under Section 33.0812];
31	36		(D) health and safety under Chapter 38;
32	37		(E) purchasing under Subchapter B, Chapter 44;
33	38		(F) elementary school class size limits, except
34	39		as provided by Section 25.112;
35	40		(G) removal of a disruptive student from the
36	41		classroom under Subchapter A, Chapter 37;
37	42		(H) at-risk programs under Subchapter C, Chapter
38	43		29;
39	44		(I) prekindergarten programs under Subchapter E,
40	45		Chapter 29;
41	46		(J) educator rights and benefits under
42	47		Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
43	48		A, Chapter 22;
44	49		(K) special education programs under Subchapter
45	50		A, Chapter 29;
46	51		(L) bilingual education programs under
47	52		Subchapter B, Chapter 29; or
48	53		(M) the requirements for the first day of
49	54		instruction under Section 25.0811.
50	55		SECTION 2. Section 7.057(d), Education Code, is amended to
51	56		read as follows:
52	57		(d) A person aggrieved by an action of the agency or
53	58		decision of the commissioner under this section may appeal to a
54	59		district court in Travis County. An appeal must be made by serving
55	60		the commissioner with citation issued and served in the manner
56	61		provided by law for civil suits. The petition must state the action
57	62		or decision from which the appeal is taken. At trial, the court
58	63		shall determine all issues of law and fact, except as provided by
59	64		Section 33.081(g).
60	65		SECTION 3. Section 11.182(b), Education Code, is amended to
61	66		read as follows:
62	67		(b) A board of trustees may determine whether to use the
63	68		evaluation tool, except as required by Section 39A.002 [39.102(a)].
64	69		SECTION 4. Section 39.022, Education Code, is amended to
65	70		read as follows:
66	71		Sec. 39.022. INSTRUCTIONALLY SUPPORTIVE ASSESSMENT SYSTEM
67	72		[PROGRAM]. (a) The agency [State Board of Education by rule] shall
68	73		create and implement a balanced and streamlined statewide
69	74		assessment system for assessment instruments administered under
70	75		this subchapter [program that is knowledge- and skills-based] to
71	76		ensure school accountability for student achievement that:
72	77		(1) is aligned with the essential knowledge and skills
73	78		adopted by the State Board of Education under Section 28.002;
74	79		(2) achieves the goals provided under Section 4.002;
75	80		and
76	81		(3) prioritizes student learning.
77	82		(b) The agency [After adopting rules under this section, the
78	83		State Board of Education] shall consider the importance of
79	84		maintaining stability in the statewide assessment system [program]
80	85		when modifying the system [adopting any subsequent modification of
81	86		the rules].
82	87		(c) [(b)] It is the policy of this state that the statewide
83	88		assessment system [program] be designed to:
84	89		(1) provide assessment instruments that are as short
85	90		as practicable; and
86	91		(2) minimize the disruption to the educational
87	92		program.
88	93		(d) The assessment system implemented under this section
89	94		must include:
90	95		(1) assessment instruments administered under
91	96		Sections 39.023(a), (c), and (l);
92	97		(2) beginning-of-year and middle-of-year assessment
93	98		instruments described by Section 39.023(o-1); and
94	99		(3) technical assistance and guidance to school
95	100		districts and open-enrollment charter schools for implementing the
96	101		assessment system, including assistance and guidance on:
97	102		(A) implementing a comprehensive assessment
98	103		strategy that:
99	104		(i) improves student performance and
100	105		promotes mastery of the essential knowledge and skills; and
101	106		(ii) informs educators regarding
102	107		assessment requirements; and
103	108		(B) reducing the assessment burden on students
104	109		and school personnel.
105	110		SECTION 5. Subchapter B, Chapter 39, Education Code, is
106	111		amended by adding Section 39.0225 to read as follows:
107	112		Sec. 39.0225. TRANSITION OF ASSESSMENT SYSTEM. (a) The
108	113		agency shall transition the system for assessment instruments
109	114		administered under this subchapter to incorporate improvements
110	115		identified in reports submitted under Section 39.0236(d).
111	116		(b) For purposes of making the transition under Subsection
112	117		(a), the agency shall adopt or develop the following assessment
113	118		instruments to be administered beginning no later than the
114	119		2027-2028 school year:
115	120		(1) an end-of-year assessment instrument for each
116	121		subject or course for each grade level subject to assessment under
117	122		Section 39.023; and
118	123		(2) optional beginning-of-year and middle-of-year
119	124		progress monitoring assessment instruments for each subject and
120	125		grade level subject to assessment under Sections 39.023(a)(1)
121	126		through (4).
122	127		(c) To the extent practicable, the end-of-year assessment
123	128		instruments described by Subsection (b)(1) shall:
124	129		(1) be shorter than the assessment instruments
125	130		administered during the 2024-2025 school year under Sections
126	131		39.023(a), (c), and (l);
127	132		(2) be scheduled as close to the end of the school year
128	133		as practicable;
129	134		(3) allow for results to be provided as quickly as
130	135		practicable; and
131	136		(4) for a reading language arts assessment instrument,
132	137		include open-ended questions that:
133	138		(A) are administered separately; and
134	139		(B) scored using a process that:
135	140		(i) involves classroom teachers; and
136	141		(ii) allows for a school district or
137	142		open-enrollment charter school to submit student responses for
138	143		rescoring.
139	144		(d) To the extent practicable, the progress monitoring
140	145		assessment instruments described by Subsection (b)(2) shall:
141	146		(1) provide progress monitoring information related
142	147		to essential knowledge and skills for the assessed subject to
143	148		support instruction during the school year;
144	149		(2) be designed to be predictive of, without
145	150		intervention, a student's performance on the applicable
146	151		end-of-year assessment instrument; and
147	152		(3) serve as an optional and free benchmark assessment
148	153		tool for school districts and open-enrollment charter schools.
149	154		(e) The agency shall provide technical assistance and
150	155		guidance to school districts and open-enrollment charter schools as
151	156		described by Section 39.022(d)(3) that, to the extent practicable,
152	157		includes strategies for districts and schools to reduce assessment
153	158		burdens not later than the beginning of the 2027-2028 school year.
154	159		(f) Students shall continue to be assessed under the
155	160		preceding assessment program for assessment instruments
156	161		administered under this subchapter until the applicable assessment
157	162		instrument for a subject or course and grade level is replaced by an
158	163		assessment instrument adopted or developed under this section.
159	164		(g) The agency shall conduct a performance comparison
160	165		analysis between the assessment system adopted or developed under
161	166		this section and the preceding assessment program for assessment
162	167		instruments administered under this subchapter to establish
163	168		roughly comparable standards for the issuance of performance
164	169		ratings under Section 39.054 for the school year the system adopted
165	170		or developed under this section is implemented.
166	171		(h) This section expires September 1, 2028.
167	172		SECTION 6. Section 39.023, Education Code, is amended by
168	173		amending Subsections (a-11), (c), (c-3), (c-8), (e), (g), (i), (l),
169	174		and (o) and adding Subsection (o-1) to read as follows:
170	175		(a-11) Before an assessment instrument adopted or developed
171	176		under Subsection (a) may be administered under that subsection, the
172	177		assessment instrument must, on the basis of empirical evidence, be
173	178		determined to be valid and reliable by the advisory committees
174	179		established under Section 39.02302 or an entity that is, as
175	180		determined by the commissioner, independent of the agency and of
176	181		any other entity that developed the assessment instrument.
177	182		(c) The agency shall also adopt end-of-course assessment
178	183		instruments for secondary-level courses in Algebra I, biology,
179	184		English I, English II, and United States history. The Algebra I
180	185		end-of-course assessment instrument must be administered with the
181	186		aid of technology, but may include one or more parts that prohibit
182	187		the use of technology. The English I and English II end-of-course
183	188		assessment instruments must each assess essential knowledge and
184	189		skills in both reading and writing and must provide a single score.
185	190		A school district shall comply with agency [State Board of
186	191		Education] rules regarding administration of the assessment
187	192		instruments listed in this subsection. If a student is in a special
188	193		education program under Subchapter A, Chapter 29, the student's
189	194		admission, review, and dismissal committee shall determine whether
190	195		any allowable modification is necessary in administering to the
191	196		student an assessment instrument required under this subsection.
192	197		The agency [State Board of Education] shall administer the
193	198		assessment instruments. An end-of-course assessment instrument
194	199		may be administered in multiple parts over more than one day. [The
195	200		State Board of Education shall adopt a schedule for the
196	201		administration of end-of-course assessment instruments that
197	202		complies with the requirements of Subsection (c-3).]
198	203		(c-3) The agency shall adopt a schedule for the
199	204		administration of assessment instruments under this section for
200	205		each school year and, to the extent practicable, provide the
201	206		schedule to each school district and open-enrollment charter school
202	207		two years before the school year to which the schedule applies. To
203	208		the extent practicable and for the purpose of mitigating local
204	209		scheduling conflicts, including University Interscholastic League
205	210		athletic competitions, the schedule adopted under this section must
206	211		establish testing windows for the administration of each assessment
207	212		instrument and allow a district or school to administer an
208	213		assessment instrument on any date selected by the district or
209	214		school that falls within the testing window for the instrument
210	215		[Except as provided by Subsection (c-7) or (c-10) or as otherwise
211	216		provided by this subsection, in adopting a schedule for the
212	217		administration of assessment instruments under this section, the
213	218		State Board of Education shall ensure that assessment instruments
214	219		administered under Subsection (a) or (c) are not administered on
215	220		the first instructional day of a week. On request by a school
216	221		district or open-enrollment charter school, the commissioner may
217	222		allow the district or school to administer an assessment instrument
218	223		required under Subsection (a) or (c) on the first instructional day
219	224		of a week if administering the assessment instrument on another
220	225		instructional day would result in a significant administrative
221	226		burden due to specific local conditions].
222	227		(c-8) At least 25 [Beginning with the 2022-2023 school year,
223	228		not more than 75] percent of the available points on an assessment
224	229		instrument developed under Subsection (a) or (c) must [may] be
225	230		attributable to questions that are not presented in a multiple
226	231		choice format.
227	232		(e) Under rules adopted by the agency [State Board of
228	233		Education], every third year, the agency shall release the
229	234		questions and answer keys to each assessment instrument
230	235		administered under Subsection (a), (b), (c), (d), or (l), excluding
231	236		any assessment instrument administered to a student for the purpose
232	237		of retaking the assessment instrument, after the last time the
233	238		instrument is administered for that school year. To ensure a valid
234	239		bank of questions for use each year, the agency is not required to
235	240		release a question that is being field-tested and was not used to
236	241		compute the student's score on the instrument. The agency shall
237	242		also release[, under board rule,] each question that is no longer
238	243		being field-tested and that was not used to compute a student's
239	244		score. During the 2014-2015 and 2015-2016 school years, the agency
240	245		shall release the questions and answer keys to assessment
241	246		instruments as described by this subsection each year.
242	247		(g) The agency [State Board of Education] may adopt one
243	248		appropriate, nationally recognized, norm-referenced assessment
244	249		instrument in reading and mathematics to be administered to a
245	250		selected sample of students in the spring. If adopted, a
246	251		norm-referenced assessment instrument must be a secured test. The
247	252		state may pay the costs of purchasing and scoring the adopted
248	253		assessment instrument and of distributing the results of the
249	254		adopted instrument to the school districts. A district that
250	255		administers the norm-referenced test adopted under this subsection
251	256		shall report the results to the agency in a manner prescribed by the
252	257		commissioner.
253	258		(i) The provisions of this section, except Subsection (d),
254	259		are subject to modification by rules adopted under Section 39.001
255	260		[39.022]. Each assessment instrument adopted under those rules and
256	261		each assessment instrument required under Subsection (d) must be
257	262		reliable and valid and must meet any applicable federal
258	263		requirements for measurement of student progress.
259	264		(l) The agency [State Board of Education] shall adopt rules
260	265		for the administration of the assessment instruments adopted under
261	266		Subsection (a) in Spanish to emergent bilingual students in grades
262	267		three through five, as defined by Section 29.052, whose primary
263	268		language is Spanish, and who are not otherwise exempt from the
264	269		administration of an assessment instrument under Section
265	270		39.027(a)(1) or (2). Each emergent bilingual student whose primary
266	271		language is Spanish, other than a student to whom Subsection (b)
267	272		applies, may be assessed using assessment instruments in Spanish
268	273		under this subsection for up to three years or assessment
269	274		instruments in English under Subsection (a). The language
270	275		proficiency assessment committee established under Section 29.063
271	276		shall determine which students are administered assessment
272	277		instruments in Spanish under this subsection.
273	278		(o) The agency shall adopt or develop optional interim
274	279		assessment instruments for each [subject or] course [for each grade
275	280		level] subject to an end-of-course assessment under this section.
276	281		A school district or open-enrollment charter school may [not be
277	282		required to] administer to students enrolled at the district or
278	283		school interim assessment instruments adopted or developed under
279	284		this subsection. An interim assessment instrument:
280	285		(1) must be:
281	286		(A) when possible, predictive of the
282	287		end-of-course assessment instrument for the applicable [subject
283	288		or] course [for that grade level] required under this section; and
284	289		(B) administered electronically; and
285	290		(2) may not be used for accountability purposes.
286	291		(o-1) The agency shall adopt or develop optional
287	292		beginning-of-year and middle-of-year progress monitoring
288	293		assessment instruments for each subject and grade level subject to
289	294		assessment under Sections 39.023(a)(1) through (4). A school
290	295		district or open-enrollment charter school may administer to
291	296		students enrolled at the district or school progress monitoring
292	297		assessment instruments adopted or developed under this subsection.
293	298		A progress monitoring assessment instrument must:
294	299		(1) provide to the district or school administering
295	300		the assessment instrument information regarding student
296	301		proficiency in the essential knowledge and skills for the assessed
297	302		subject to support instruction during the school year; and
298	303		(2) be designed to be predictive of, without
299	304		intervention, a student's performance on the applicable
300	305		end-of-year assessment instrument.
301	306		SECTION 7. Section 39.0238(b), Education Code, is amended
302	307		to read as follows:
303	308		(b) The board of trustees of a school district or the
304	309		governing body of an open-enrollment charter school may consider
305	310		the dates of religious holy days or periods of observance likely to
306	311		be observed by the students enrolled in the district or school
307	312		during the period set by the agency [State Board of Education] for
308	313		the administration of assessment instruments required under
309	314		Section 39.023 in establishing:
310	315		(1) the district's or school's calendar for that
311	316		school year; and
312	317		(2) the instructional days within that period on which
313	318		district or school students are administered the required
314	319		assessment instruments, provided that the board of trustees or
315	320		governing body may not exclude more than two instructional days
316	321		from that period based solely on the occurrence of a single
317	322		religious holy day or period of observance.
318	323		SECTION 8. Section 39.026, Education Code, is amended to
319	324		read as follows:
320	325		Sec. 39.026. LOCAL OPTION. In addition to the assessment
321	326		instruments adopted and administered by the agency [and
322	327		administered by the State Board of Education], a school district
323	328		may, subject to Section 39.0263, adopt and administer
324	329		criterion-referenced or norm-referenced assessment instruments, or
325	330		both, at any grade level. A norm-referenced assessment instrument
326	331		adopted under this section must be economical, nationally
327	332		recognized, and state-approved.
328	333		SECTION 9. The heading to Section 39.0263, Education Code,
329	334		is amended to read as follows:
330	335		Sec. 39.0263. ADMINISTRATION OF DISTRICT-REQUIRED OR
331	336		CAMPUS-REQUIRED BENCHMARK ASSESSMENT INSTRUMENTS [TO PREPARE
332	337		STUDENTS FOR STATE-ADMINISTERED ASSESSMENT INSTRUMENTS].
333	338		SECTION 10. Section 39.0263, Education Code, is amended by
334	339		amending Subsections (a), (b), and (c) and adding Subsection (e) to
335	340		read as follows:
336	341		(a) In this section, "benchmark assessment instrument"
337	342		means a district-required or campus-required assessment instrument
338	343		that is administered to all or most students for a subject or course
339	344		in a particular grade level and that is not curriculum-embedded,
340	345		including an assessment instrument, such as a practice test or a
341	346		nationally norm-referenced assessment instrument, designed to
342	347		prepare students for a corresponding state-administered assessment
343	348		instrument.
344	349		(b) Except as provided by Subsection (c), a school district
345	350		or campus may not administer to any student more than two benchmark
346	351		assessment instruments during a school year before the
347	352		administration of an end-of-year [to prepare the student for a
348	353		corresponding state-administered] assessment instrument.
349	354		(c) The prohibition prescribed by this section does not
350	355		apply to:
351	356		(1) the administration of a college preparation
352	357		assessment instrument, including the PSAT, the ACT-Plan, the SAT,
353	358		or the ACT, an advanced placement test, or an international
354	359		baccalaureate examination;
355	360		(2) [, or] an independent classroom examination
356	361		designed or adopted and administered by a classroom teacher;
357	362		(3) a diagnostic assessment included in a screening or
358	363		testing for dyslexia or a related disorder; or
359	364		(4) an assessment instrument required under state law,
360	365		including under Chapter 28 or 29.
361	366		(e) If the agency determines that a school district or
362	367		campus is in violation of this section, in addition to any
363	368		enforcement actions or remedies available to the agency under other
364	369		law, the agency may require the district or campus to receive
365	370		technical assistance described by Section 39.022(d)(3).
366	371		SECTION 11. Section 39.027(b), Education Code, is amended
367	372		to read as follows:
368	373		(b) The agency [State Board of Education] shall adopt rules
369	374		under which a dyslexic student who is not exempt under Subsection
370	375		(a) may use procedures including oral examinations if appropriate
371	376		or may be allowed additional time or the materials or technology
372	377		necessary for the student to demonstrate the student's mastery of
373	378		the competencies the assessment instruments are designed to
374	379		measure.
375	380		SECTION 12. Section 39.028, Education Code, is amended to
376	381		read as follows:
377	382		Sec. 39.028. COMPARISON OF STATE RESULTS TO NATIONAL
378	383		RESULTS. The state assessment system [program] shall obtain
379	384		nationally comparative results for the subject areas and grade
380	385		levels for which criterion-referenced assessment instruments are
381	386		adopted under Section 39.023.
382	387		SECTION 13. Section 39.029, Education Code, is amended to
383	388		read as follows:
384	389		Sec. 39.029. MIGRATORY CHILDREN. The agency [State Board
385	390		of Education] by rule may provide alternate dates for the
386	391		administration of the assessment instruments to a student who is a
387	392		migratory child as defined by 20 U.S.C. Section 6399. The alternate
388	393		dates may be chosen following a consideration of migrant work
389	394		patterns, and the dates selected may afford maximum opportunity for
390	395		the students to be present when the assessment instruments are
391	396		administered.
392	397		SECTION 14. Section 39.030(a), Education Code, is amended
393	398		to read as follows:
394	399		(a) In adopting academic skills assessment instruments
395	400		under this subchapter, the agency [State Board of Education] or a
396	401		school district shall ensure the security of the instruments and
397	402		tests in their preparation, administration, and grading. Meetings
398	403		or portions of meetings held by the agency [State Board of
399	404		Education] or a school district at which individual assessment
400	405		instruments or assessment instrument items are discussed or adopted
401	406		are not open to the public under Chapter 551, Government Code, and
402	407		the assessment instruments or assessment instrument items are
403	408		confidential.
404	409		SECTION 15. Sections 39.032(c-1) and (e), Education Code,
405	410		are amended to read as follows:
406	411		(c-1) The standardization norms computed under Subsection
407	412		(c) shall be:
408	413		(1) based on a national probability sample that meets
409	414		accepted standards for educational and psychological testing; and
410	415		(2) updated at least every eight years using proven
411	416		psychometric procedures approved by the agency [State Board of
412	417		Education].
413	418		(e) The agency [State Board of Education] shall adopt rules
414	419		for the implementation of this section and for the maintenance of
415	420		the security of the contents of all assessment instruments.
416	421		SECTION 16. Section 39.054(b-1), Education Code, is
417	422		transferred to Section 39.052, Education Code, redesignated as
418	423		Section 39.052(b-1), Education Code, and amended to read as
419	424		follows:
420	425		(b-1) Consideration of the effectiveness of district
421	426		programs under Subsection (b)(2)(B) [Section 39.052(b)(2)(B)] or
422	427		(C):
423	428		(1) must:
424	429		(A) be based on data collected through the Public
425	430		Education Information Management System (PEIMS) for purposes of
426	431		accountability under this chapter; and
427	432		(B) include the results of assessments required
428	433		under Section 39.023; and
429	434		(2) may be based on the results of a special
430	435		investigation conducted under Section 39.003.
431	436		SECTION 17. Section 39.053, Education Code, is amended by
432	437		amending Subsections (a), (c), and (f) and adding Subsections
433	438		(c-4), (f-1), (f-2), (f-3), and (f-4) to read as follows:
434	439		(a) The commissioner shall adopt a set of indicators of the
435	440		quality of learning and achievement, including the indicators under
436	441		Subsection (c). The commissioner periodically shall review the
437	442		indicators for the consideration of appropriate revisions and may,
438	443		if the commissioner determines an indicator otherwise required
439	444		under this subchapter is not valid or reliable, exclude the
440	445		indicator from the set of indicators adopted under this section.
441	446		(c) School districts and campuses must be evaluated based on
442	447		three domains of indicators of achievement adopted under this
443	448		section that include:
444	449		(1) in the student achievement domain, indicators of
445	450		student achievement that must include:
446	451		(A) for evaluating the performance of districts
447	452		and campuses generally:
448	453		(i) an indicator that accounts for the
449	454		results of assessment instruments required under Sections
450	455		39.023(a), (c), and (l), as applicable for the district and campus,
451	456		including the results of assessment instruments required for
452	457		graduation retaken by a student, aggregated across grade levels by
453	458		subject area, including:
454	459		(a) for the performance standard
455	460		determined by the commissioner under Section 39.0241(a), the
456	461		percentage of students who performed satisfactorily on the
457	462		assessment instruments, aggregated across grade levels by subject
458	463		area; and
459	464		(b) for the college readiness
460	465		performance standard as determined under Section 39.0241, the
461	466		percentage of students who performed satisfactorily on the
462	467		assessment instruments, aggregated across grade levels by subject
463	468		area; and
464	469		(ii) an indicator that accounts for the
465	470		results of assessment instruments required under Section
466	471		39.023(b), as applicable for the district and campus, including the
467	472		percentage of students who performed satisfactorily on the
468	473		assessment instruments, as determined by the performance standard
469	474		adopted by the agency, aggregated across grade levels by subject
470	475		area; and
471	476		(B) for evaluating the performance of high school
472	477		campuses and districts that include high school campuses,
473	478		indicators that account for:
474	479		(i) students who satisfy the Texas Success
475	480		Initiative (TSI) college readiness benchmarks prescribed by the
476	481		Texas Higher Education Coordinating Board under Section 51.334 on
477	482		an assessment instrument in reading or mathematics designated by
478	483		the coordinating board under that section;
479	484		(ii) students who satisfy relevant
480	485		performance standards on advanced placement tests or similar
481	486		assessments;
482	487		(iii) students who earn dual course credits
483	488		in the dual credit courses;
484	489		(iv) students who demonstrate military
485	490		readiness:
486	491		(a) through verified enlistment
487	492		[enlist] in the armed forces of the United States or the Texas
488	493		National Guard; or
489	494		(b) by achieving a passing score set
490	495		by the commissioner on the Armed Services Vocational Aptitude
491	496		Battery Test and successfully completing a Junior Reserve Officer
492	497		Training Corps program;
493	498		(v) students who earn industry
494	499		certifications;
495	500		(vi) students admitted into postsecondary
496	501		industry certification programs that require as a prerequisite for
497	502		entrance successful performance at the secondary level;
498	503		(vii) students whose successful completion
499	504		of a course or courses under Section 28.014 indicates the student's
500	505		preparation to enroll and succeed, without remediation, in an
501	506		entry-level general education course for a baccalaureate degree or
502	507		associate degree;
503	508		(viii) students who successfully met
504	509		standards on a composite of indicators that through research
505	510		indicates the student's preparation to enroll and succeed, without
506	511		remediation, in an entry-level general education course for a
507	512		baccalaureate degree or associate degree;
508	513		(ix) high school graduation rates, computed
509	514		in accordance with standards and definitions adopted in compliance
510	515		with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
511	516		subject to the exclusions provided by Subsections (g), (g-1),
512	517		(g-2), (g-3), and (g-4);
513	518		(x) students who successfully completed an
514	519		OnRamps dual enrollment course;
515	520		(xi) students who successfully completed a
516	521		practicum or internship approved by the State Board of Education;
517	522		(xii) students who are awarded an associate
518	523		degree; and
519	524		(xiii) students who successfully completed
520	525		a program of study in career and technical education;
521	526		(2) in the school progress domain, indicators for
522	527		effectiveness in promoting student learning, which must include:
523	528		(A) for assessment instruments, including
524	529		assessment instruments under Subdivisions (1)(A)(i) and (ii), the
525	530		percentage of students who met the standard for improvement, as
526	531		determined by the commissioner; and
527	532		(B) for evaluating relative performance, the
528	533		performance of districts and campuses compared to similar districts
529	534		or campuses; and
530	535		(3) in the closing the gaps domain, the use of
531	536		disaggregated data to demonstrate the differentials among students
532	537		from different racial and ethnic groups, socioeconomic
533	538		backgrounds, and other factors, including:
534	539		(A) students formerly receiving special
535	540		education services;
536	541		(B) students continuously enrolled; and
537	542		(C) students who are mobile.
538	543		(c-4) The agency shall study the college, career, and
539	544		military readiness indicators adopted under Subsection (c) to
540	545		determine the correlation of each indicator with postsecondary
541	546		success, including the correlation of industry certifications with
542	547		wages and available jobs. The value assigned to each indicator must
543	548		be:
544	549		(1) based on the strength of the indicator's
545	550		correlation with successful outcomes; and
546	551		(2) updated in accordance with Subsection (f-1).
547	552		(f) Annually, the commissioner shall define and may modify
548	553		the state standards [standard for the current school year] for each
549	554		[achievement] indicator adopted under this subchapter in
550	555		[section. In] consultation with educators, parents, and business
551	556		and industry representatives, as necessary. The [, the]
552	557		commissioner shall increase the rigor by which the commissioner
553	558		determines the overall performance ratings under Section 39.054(a)
554	559		[establish and modify standards] to continuously improve student
555	560		performance to, not later than the 15th year after the date the
556	561		commissioner modifies the performance standards under Subsection
557	562		(f-1), achieve the goals of:
558	563		(1) eliminating achievement gaps based on race,
559	564		ethnicity, and socioeconomic status; and
560	565		(2) ensuring [to ensure] this state ranks nationally
561	566		[is a national leader] in the top five states in preparing students
562	567		for postsecondary success and on the National Assessment of
563	568		Educational Progress or its successor assessment.
564	569		(f-1) Beginning with the indicators adopted for the
565	570		2027-2028 school year and as required to meet the goals under
566	571		Subsection (f), the commissioner shall increase the scores needed
567	572		to achieve performance standards on indicators adopted under this
568	573		subchapter only every fifth school year unless an indicator adopted
569	574		under Subsection (c) requires adjustment before that school year to
570	575		ensure consistency of performance standards.
571	576		(f-2) To the extent practicable, for each of the two school
572	577		years preceding a school year the commissioner increases a score
573	578		under Subsection (f-1), the commissioner shall report, in a manner
574	579		that can be reviewed by school administrators, the overall
575	580		performance of school districts and campuses under that increased
576	581		score.
577	582		(f-3) In reporting the performance of school districts and
578	583		campuses on indicators adopted under this subchapter for a school
579	584		year in which the score needed to achieve performance standards on
580	585		one or more of those indicators was increased under Subsection
581	586		(f-1), the commissioner shall include in the report an
582	587		informational report on the performance of districts and campuses
583	588		during the preceding school year under the increased score.
584	589		(f-4) Notwithstanding Subsection (f), the commissioner may
585	590		define state standards for an indicator adopted under this
586	591		subchapter for multiple school years provided that the commissioner
587	592		annually affirms that those standards are applicable to the current
588	593		school year. The commissioner is not required to adopt the
589	594		affirmation described by this subsection by rule.
590	595		SECTION 18. Subchapter C, Chapter 39, Education Code, is
591	596		amended by adding Section 39.0531 to read as follows:
592	597		Sec. 39.0531. INDUSTRY CERTIFICATION LIST. (a) The agency
593	598		shall maintain a list of industry certifications that are eligible
594	599		for purposes of Section 39.053(c)(1)(B)(v). In developing the
595	600		list, the agency shall consider the inventory of
596	601		industry-recognized certifications developed under Section
597	602		312.003, Labor Code. The certifications must:
598	603		(1) be aligned to a program of study that, according to
599	604		labor market data, prepares students for high-wage, high-skill,
600	605		in-demand occupations;
601	606		(2) allow students to demonstrate mastery of the
602	607		skills required for occupations within an approved program of
603	608		study; and
604	609		(3) be obtained through an assessment of the knowledge
605	610		and skills provided by or determined by an independent, third-party
606	611		certifying entity using predetermined standards for knowledge,
607	612		skills, and competencies.
608	613		(b) The agency shall review the eligibility of industry
609	614		certifications under Subsection (a), including whether the
610	615		programs of study for those certifications still meet the
611	616		requirements under that subsection:
612	617		(1) in consultation with the advisory council
613	618		established under Chapter 312, Labor Code; and
614	619		(2) to the extent practicable, concurrently with the
615	620		modification of performance standards under Section 39.053(f-1).
616	621		(c) If, after reviewing an industry certification under
617	622		Subsection (b), the agency determines the certification is no
618	623		longer eligible for purposes of Section 39.053(c)(1)(B)(v) and
619	624		should be removed from the list maintained under Subsection (a),
620	625		the agency shall, to the extent practicable, post on the agency's
621	626		Internet website information regarding the removal of the
622	627		certification not later than two years before the date the agency
623	628		intends to remove the certification from the list.
624	629		(d) During the three years following an agency's
625	630		determination under Subsection (c) that an industry certification
626	631		is no longer eligible for purposes of Section 39.053(c)(1)(B)(v), a
627	632		school district may receive the benefit of achievement indicators
628	633		based on that industry certification for purposes of Section
629	634		39.053(c) only for a cohort of students who:
630	635		(1) were participating in the program of study aligned
631	636		with that certification during the school year the agency
632	637		determines the certification is no longer eligible; and
633	638		(2) earn the certification within the three-year
634	639		period.
635	640		SECTION 19. Section 39.054, Education Code, is amended by
636	641		amending Subsections (a), (a-3), (a-4), (a-5), and (b) and adding
637	642		Subsections (a-6), (a-7), (c), and (d) to read as follows:
638	643		(a) Except as provided by Subsection (a-4), the
639	644		commissioner shall adopt rules to evaluate school district and
640	645		campus performance and, each school year, assign each district and
641	646		campus an overall performance rating of A, B, C, D, or F. In
642	647		addition to the overall performance rating, each school year, the
643	648		commissioner shall assign each district and campus a separate
644	649		domain performance rating of A, B, C, D, or F for each domain under
645	650		Section 39.053(c). An overall or domain performance rating of A
646	651		reflects exemplary performance. An overall or domain performance
647	652		rating of B reflects recognized performance. An overall or domain
648	653		performance rating of C reflects acceptable performance. An
649	654		overall or domain performance rating of D reflects performance that
650	655		needs improvement. An overall or domain performance rating of F
651	656		reflects unacceptable performance. A district may not receive an
652	657		overall or domain performance rating of A if the district includes
653	658		any campus with a corresponding overall or domain performance
654	659		rating of D or F. If a school district has been approved under
655	660		Section 39.0544 to assign campus performance ratings and the
656	661		commissioner has not assigned a campus an overall performance
657	662		rating of D or F, the commissioner shall assign the campus an
658	663		overall performance rating based on the school district assigned
659	664		performance rating under Section 39.0544.
660	665		(a-3) Except as provided by Subsection (c), not [Not] later
661	666		than August 15 of each year, the following information shall be made
662	667		publicly available as provided by rules adopted under this
663	668		section:
664	669		(1) the performance ratings for each school district
665	670		and campus; and
666	671		(2) if applicable, the number of consecutive school
667	672		years of unacceptable performance ratings for each district and
668	673		campus.
669	674		(a-4) Notwithstanding any other law and except as provided
670	675		by Subsection (a-6), the commissioner may assign a school district
671	676		or campus an overall performance rating of "Not Rated" if the
672	677		commissioner determines that the assignment of a performance rating
673	678		of A, B, C, D, or F would be inappropriate because:
674	679		(1) the district or campus is located in an area that
675	680		is subject to a declaration of a state of disaster under Chapter
676	681		418, Government Code, and due to the disaster, performance
677	682		indicators for the district or campus are difficult to measure or
678	683		evaluate and would not accurately reflect quality of learning and
679	684		achievement for the district or campus;
680	685		(2) the district or campus has experienced breaches or
681	686		other failures in data integrity to the extent that accurate
682	687		analysis of data regarding performance indicators is not possible;
683	688		(3) the number of students enrolled in the district or
684	689		campus is insufficient to accurately evaluate the performance of
685	690		the district or campus; or
686	691		(4) for other reasons outside the control of the
687	692		district or campus, the performance indicators would not accurately
688	693		reflect quality of learning and achievement for the district or
689	694		campus.
690	695		(a-5) Notwithstanding any other law, an overall performance
691	696		rating of "Not Rated" is not included in calculating consecutive
692	697		school years of unacceptable performance ratings and is not
693	698		considered a break in consecutive school years of unacceptable
694	699		performance ratings for purposes of any provision of this code. Any
695	700		interventions or sanctions to which a school district or campus is
696	701		subject under Chapter 39A shall continue during a period in which
697	702		the district or campus is assigned an overall performance rating of
698	703		"Not Rated."
699	704		(a-6) The commissioner may not assign an overall
700	705		performance rating of "Not Rated" to all school districts or all
701	706		campuses on a statewide basis.
702	707		(a-7) If the agency makes changes to the assessment system
703	708		under Section 39.022 for assessment instruments administered under
704	709		this subchapter that require new standards for issuing performance
705	710		ratings under this section, the agency must conduct a performance
706	711		comparison analysis between the system as changed and the preceding
707	712		system to establish roughly comparable standards for issuing
708	713		performance ratings. Failure to conduct a performance comparison
709	714		analysis as required under this subsection does not prevent the
710	715		assignment of performance ratings under this section and may not be
711	716		the basis of a challenge to a performance rating assigned under this
712	717		section.
713	718		(b) For purposes of assigning school districts and campuses
714	719		an overall and a domain performance rating under Subsection (a),
715	720		the commissioner shall, to the extent practicable, ensure that the
716	721		method used to evaluate performance is implemented in a manner that
717	722		provides the mathematical possibility that all districts and
718	723		campuses receive an A rating.
719	724		(c) The commissioner shall make the information under
720	725		Subsection (a-3) available as soon as reasonably possible in years
721	726		in which the standards are modified or recalibrated or in which a
722	727		new assessment instrument is offered.
723	728		(d) Failure to assign a performance rating to a school
724	729		district or campus before the deadline provided by Subsection (a-3)
725	730		does not invalidate the performance rating assigned to the district
726	731		or campus or any resulting intervention or sanction imposed on the
727	732		district or campus.
728	733		SECTION 20. Section 39.0541, Education Code, is amended to
729	734		read as follows:
730	735		Sec. 39.0541. ADOPTION OF INDICATORS AND STANDARDS. The
731	736		commissioner may adopt indicators and standards under this
732	737		subchapter at any time [during a school year] before issuing the
733	738		evaluation of a school district or campus.
734	739		SECTION 21. Section 39.0542, Education Code, is amended by
735	740		amending Subsection (a) and adding Subsection (d) to read as
736	741		follows:
737	742		(a) The [Each school year, the] commissioner shall provide
738	743		each school district a document in a simple, accessible format that
739	744		explains the accountability performance measures, methods, and
740	745		procedures that will be applied [for that school year] in assigning
741	746		each school district and campus a performance rating under Section
742	747		39.054.
743	748		(d) Failure to provide the document described by Subsection
744	749		(a) does not prevent the assignment of performance ratings under
745	750		Section 39.054 and may not be the basis of a challenge to a
746	751		performance rating assigned under that section.
747	752		SECTION 22. Section 39.151(e), Education Code, is amended
748	753		to read as follows:
749	754		(e) A school district or open-enrollment charter school may
750	755		not challenge on any basis, including a lack of commissioner or
751	756		agency authority, an agency decision relating to an academic or
752	757		financial accountability rating under this chapter, including a
753	758		decision relating to a determination of consecutive school years of
754	759		unacceptable performance ratings, in another proceeding unless
755	760		[if] the district or school has exhausted the district's or school's
756	761		remedies [had an opportunity to challenge the decision] under this
757	762		section.
758	763		SECTION 23. Section 39.201(a), Education Code, is amended
759	764		to read as follows:
760	765		(a) The [Not later than August 8 of each year, the]
761	766		commissioner shall award distinction designations for outstanding
762	767		performance as provided by this subchapter concurrently with the
763	768		assignment of performance ratings under Section 39.054. A
764	769		distinction designation awarded to a district or campus under this
765	770		subchapter shall be referenced directly in connection with the
766	771		performance rating assigned to the district or campus and made
767	772		publicly available together with the performance ratings as
768	773		provided by rules adopted under Section 39.054 [39.054(a)].
769	774		SECTION 24. Subchapter H, Chapter 39, Education Code, is
770	775		amended by adding Section 39.231 to read as follows:
771	776		Sec. 39.231. LOCAL ACCOUNTABILITY GRANT PROGRAM. (a) From
772	777		money appropriated or otherwise available for the purpose, the
773	778		agency shall establish a grant program with capacity to assist at
774	779		least one school district per education service center region in
775	780		developing a local accountability system that complies with the
776	781		requirements of Section 39.0544.
777	782		(b) The commissioner shall adopt rules to implement this
778	783		section.
779	784		SECTION 25. Section 39A.001, Education Code, is amended to
780	785		read as follows:
781	786		Sec. 39A.001. GROUNDS FOR COMMISSIONER ACTION. The
782	787		commissioner shall take any of the actions authorized by this
783	788		subchapter to the extent the commissioner determines necessary if:
784	789		(1) a school district does not satisfy:
785	790		(A) the accreditation criteria under Section
786	791		39.052;
787	792		(B) the academic performance standards under
788	793		Section 39.053 or 39.054; or
789	794		(C) any financial accountability standard as
790	795		determined by commissioner rule; [or]
791	796		(2) the commissioner considers the action to be
792	797		appropriate on the basis of a special investigation under Section
793	798		39.003; or
794	799		(3) a school district initiates or maintains an action
795	800		or proceeding against the state or an agency or officer of the
796	801		state.
797	802		SECTION 26. Subchapter A, Chapter 39A, Education Code, is
798	803		amended by adding Section 39A.008 to read as follows:
799	804		Sec. 39A.008. INTERVENTION RELATED TO SCHOOL DISTRICT OR
800	805		OPEN-ENROLLMENT CHARTER SCHOOL ACTION OR PROCEEDING AGAINST STATE.
801	806		(a) This section applies to a school district or open-enrollment
802	807		charter school subject to commissioner action under Section
803	808		39A.001(3).
804		-	(b) The commissioner ~~may~~ appoint a conservator to a school
	809	+	(b) The commissioner shall appoint a conservator to a school
805	810		district or open-enrollment charter school to which this section
806	811		applies.
807		-	(c) A conservator appointed under Subsection (b) shall
	812	+	(c) The conservator appointed under Subsection (b) shall
808	813		require the school district or open-enrollment charter school to
809	814		demonstrate, by a deadline established by the conservator, that the
810		-	district or school is in compliance with Section 45.105(c-1). If
811		-	the conservator determines that the district or school is not in
812		-	compliance with that section, the conservator shall order the
813		-	district or school to withdraw from the action or proceeding.
	815	+	district or school is in compliance with Sections 45.105(c-1) and
	816	+	45.1051. If the conservator determines that the district or school
	817	+	is not in compliance with those sections, the conservator shall
	818	+	order the district or school to, as applicable:
	819	+	(1) withdraw from the action or proceeding; or
	820	+	(2) take the necessary actions to come into compliance
	821	+	with Section 45.1051.
814	822		(d) If a school district or open-enrollment charter school
815		-	fails to comply with an order by a conservator appointed under
816		-	Subsection (b) by the deadline established by the conservator, the
817		-	commissioner may:
	823	+	fails to comply with an order by the conservator by the deadline
	824	+	established by the conservator, the commissioner may:
818	825		(1) for a school district, appoint a board of managers
819	826		to oversee the operations of the district; or
820	827		(2) for an open-enrollment charter school, order
821	828		reconstitution of the school's governing board.
822	829		(e) An action taken or decision made by the commissioner or
823	830		a conservator under this section is final and not subject to appeal
824	831		under Section 7.057, Chapter 39, or this chapter.
825	832		SECTION 27. Subchapter Z, Chapter 39A, Education Code, is
826	833		amended by adding Sections 39A.908 and 39A.909 to read as follows:
827	834		Sec. 39A.908. INTERVENTIONS AND SANCTIONS WHILE ASSIGNMENT
828	835		OF PERFORMANCE RATINGS ENJOINED. (a) Notwithstanding any other
829	836		law, during a period in which the agency is enjoined from assigning
830	837		performance ratings to a school district, open-enrollment charter
831	838		school, or district or school campus, any previously imposed
832	839		interventions or sanctions to which the district, school, or campus
833	840		is subject shall continue throughout that period.
834	841		(b) As soon as practicable after the dissolution of an
835	842		injunction described by Subsection (a), the agency shall:
836	843		(1) assign performance ratings for each school year
837	844		and to each school district, open-enrollment charter school, and
838	845		district or school campus for which the agency was enjoined from
839	846		assigning performance ratings; and
840	847		(2) as applicable, impose any appropriate
841	848		interventions or sanctions authorized under this chapter based on
842	849		the ratings assigned under Subdivision (1).
843	850		(c) Notwithstanding any other law, if the agency is
844	851		permanently enjoined from assigning performance ratings to a school
845	852		district, open-enrollment charter school, or district or school
846	853		campus for a school year, the agency shall consider the district,
847	854		school, or campus to have received a "Not Rated" rating for that
848	855		school year for purposes of:
849	856		(1) calculating consecutive years of performance; and
850	857		(2) determining whether to impose an intervention or
851	858		sanction authorized under this chapter.
852	859		(d) To ensure the expeditious implementation of
853	860		interventions or sanctions under this chapter, the agency may
854	861		modify or waive a deadline or time frame required by law or agency
855	862		rule applicable to the assignment of performance ratings for a
856	863		school year for which the agency was enjoined from assigning
857	864		performance ratings.
858	865		(e) Except as provided by Subsection (f) and Section
859	866		39A.909, the agency shall impose an intervention or sanction
860	867		described by Subsection (b)(2) or (c)(2) as required by law unless
861	868		the intervention or sanction, as determined by the commissioner:
862	869		(1) has been superseded by a subsequent intervention
863	870		or sanction; or
864	871		(2) may be removed based on the subsequent performance
865	872		of a school district, open-enrollment charter school, or district
866	873		or school campus.
867	874		(f) The commissioner shall impose an intervention described
868	875		by Section 12.115(c), 39A.004, or 39A.111, as applicable, on a
869	876		school district, open-enrollment charter school, or district or
870	877		school campus if the district, school, or campus would have been
871	878		subject to commissioner action under the applicable section based
872	879		on the performance rating of the district, school, or campus for a
873	880		school year for which the agency was enjoined from assigning
874	881		performance ratings, regardless of the performance of the district,
875	882		school, or campus in a subsequent school year.
876		-	(g) Except as provided by Subsection (h), the commissioner
877		-	shall revoke a charter holder's charter for an open-enrollment
878		-	charter school for which the charter holder received a charter
879		-	renewal based on the absence of a performance rating for a school
880		-	year for which the agency was enjoined from assigning a performance
881		-	rating if, after the assignment of performance ratings for that
882		-	year, the charter would not have been renewed under Section
883		-	12.1141(d), regardless of the performance of the school in a
884		-	subsequent school year.
885		-	(h) Subsection (g) does not apply to a charter holder for
886		-	which the agency has renewed the charter based on the charter holder
887		-	entering into and meeting the requirements of a performance
888		-	agreement with the agency.
	883	+	(g) The commissioner shall revoke a charter holder's
	884	+	charter for an open-enrollment charter school for which the charter
	885	+	holder received a charter renewal based on the absence of a
	886	+	performance rating for a school year for which the agency was
	887	+	enjoined from assigning a performance rating if, after the
	888	+	assignment of performance ratings for that year, the charter would
	889	+	not have been renewed under Section 12.1141(d), regardless of the
	890	+	performance of the school in a subsequent school year.
889	891		Sec. 39A.909. INTERVENTIONS OR SANCTIONS RELATED TO
890	892		2022-2023 OR 2023-2024 SCHOOL YEAR PERFORMANCE RATINGS. (a) The
891		-	commissioner shall impose an intervention described by Section
892		-	12.115(c), 39A.004, or 39A.111, as applicable, on a school
893		-	district, open-enrollment charter school, or district or school
894		-	campus if the district, school, or campus would have been subject to
895		-	commissioner action under the applicable section based on the
896		-	performance rating of the district, school, or campus for the
	893	+	commissioner shall appoint a board of managers to govern a school
	894	+	district or open-enrollment charter school as provided by Section
	895	+	39A.202 if the district or school:
	896	+	(1) brought or joined an action or proceeding to
	897	+	prevent the implementation of the public school accountability
	898	+	system under Chapter 39 for the 2022-2023 or 2023-2024 school year;
	899	+	and
	900	+	(2) includes a campus that, based on the campus's
	901	+	performance rating for the school year in which the district or
	902	+	school brought or joined the action or proceeding described by
	903	+	Subdivision (1), would have been subject to commissioner action
	904	+	under Section 39A.111.
	905	+	(b) Notwithstanding any other law, the commissioner shall
	906	+	impose an intervention described by Section 39A.107(c) on a school
	907	+	district or open-enrollment charter school if the district or
	908	+	school:
	909	+	(1) brought or joined an action or proceeding to
	910	+	prevent the implementation of the public school accountability
	911	+	system under Chapter 39 for the 2022-2023 and 2023-2024 school
	912	+	years; and
	913	+	(2) includes a campus that, based on the campus's
	914	+	performance rating for the school year in which the district or
	915	+	school brought or joined the action or proceeding described by
	916	+	Subdivision (1), would have constituted the second, third, or
	917	+	fourth consecutive year of unacceptable performance.
	918	+	(c) The commissioner shall impose an intervention described
	919	+	by Section 12.115(c), 39A.004, or 39A.111, as applicable, on a
	920	+	school district, open-enrollment charter school, or district or
	921	+	school campus if the district, school, or campus would have been
	922	+	subject to commissioner action under the applicable section based
	923	+	on the performance rating of the district, school, or campus for the
897	924		2022-2023 or 2023-2024 school year, regardless of the performance
898	925		of the district, school, or campus in a subsequent school year.
899		-	(b) The commissioner shall revoke a charter holder's
	926	+	(d) The commissioner shall revoke a charter holder's
900	927		charter for an open-enrollment charter school for which the charter
901	928		holder received a charter renewal based on the absence of a
902	929		performance rating for the 2022-2023 or 2023-2024 school year if,
903	930		after the assignment of performance ratings for those years, the
904	931		charter would not have been renewed under Section 12.1141(d),
905	932		regardless of the performance of the school in a subsequent school
906	933		year.
907	934		SECTION 28. Section 45.105(c-1), Education Code, is amended
908	935		to read as follows:
909	936		(c-1) Notwithstanding any other law, federal, state, or
910	937		local funding, including funding under Chapters 46, 48, and 49,
911	938		[Funds described by Subsection (c)] may not be used to initiate or
912	939		maintain any action or proceeding against the state or an agency or
913	940		officer of the state, including an action or proceeding that
914	941		includes a claim of ultra vires conduct [arising out of a decision,
915	942		order, or determination that is final and unappealable under a
916	943		provision of this code], except that funds may be used for an action
917	944		or proceeding that is specifically authorized by a provision of
918	945		this code or by Section 2001.038, Government Code [a rule adopted
919	946		under this code and that results in a final and unappealable
920	947		decision, order, or determination].
921		-	SECTION 29. Section 22A.001(a), Government Code, is amended
	948	+	SECTION 29. Subchapter E, Chapter 45, Education Code, is
	949	+	amended by adding Section 45.1051 to read as follows:
	950	+	Sec. 45.1051. LIMITATION ON ATTORNEY PAYMENTS FOR CERTAIN
	951	+	ACTIONS. (a) If a school district or open-enrollment charter
	952	+	school brings an action against the agency, the State Board of
	953	+	Education, or the State Board for Educator Certification or an
	954	+	agent or officer of those entities that alleges ultra vires conduct
	955	+	by the entity or an agent or officer of the entity, the district or
	956	+	school must deposit all payments relating to the action made to the
	957	+	district's or school's attorney in an escrow account. The district
	958	+	or school may use money deposited in the escrow account to pay the
	959	+	district's or school's attorney only:
	960	+	(1) after:
	961	+	(A) a final judgment is rendered; and
	962	+	(B) all appeals are fully resolved; and
	963	+	(2) if the district or school prevails in the action.
	964	+	(b) A school district or open-enrollment charter school
	965	+	shall provide money deposited in an escrow account under this
	966	+	section that may not be paid to the district's or school's attorney
	967	+	under Subsection (a) after the rendering of a final judgment and the
	968	+	resolution of all appeals to the state for deposit in the foundation
	969	+	school fund.
	970	+	(c) This section may not be interpreted to authorize an
	971	+	action not otherwise authorized by law.
	972	+	SECTION 30. Section 22A.001(a), Government Code, is amended
922	973		to read as follows:
923	974		(a) The attorney general may petition the chief justice of
924	975		the supreme court to convene a special three-judge district court
925	976		in any suit filed in a district court in this state in which this
926	977		state or a state officer or agency is a defendant in a claim that:
927	978		(1) challenges the finances or operations of this
928	979		state's public school system, including challenges to the
929	980		implementation of the public school accountability system under
930	981		Chapter 39, Education Code; or
931	982		(2) involves the apportionment of districts for the
932	983		house of representatives, the senate, the State Board of Education,
933	984		or the United States Congress, or state judicial districts.
934		-	SECTION 30. The heading to Section 312.003, Labor Code, is
	985	+	SECTION 31. The heading to Section 312.003, Labor Code, is
935	986		amended to read as follows:
936	987		Sec. 312.003. INVENTORY OF CERTIFICATIONS [CREDENTIALS AND
937	988		CERTIFICATES].
938		-	SECTION 31. Sections 312.003(a), (b), (c), and (d), Labor
	989	+	SECTION 32. Sections 312.003(a), (b), (c), and (d), Labor
939	990		Code, are amended to read as follows:
940	991		(a) The advisory council shall develop an inventory of
941	992		industry-recognized certifications [credentials and certificates]
942	993		that may be earned by a public high school student through a career
943	994		and technology education program and that:
944	995		(1) are aligned to state and regional workforce needs;
945	996		[and]
946	997		(2) serve as an entry point to middle- and high-wage
947	998		jobs; and
948	999		(3) meet the requirements of Section 39.0531(a),
949	1000		Education Code.
950	1001		(b) The inventory must include for each certification
951	1002		[credential or certificate]:
952	1003		(1) the associated career cluster;
953	1004		(2) the awarding entity;
954	1005		(3) the level of education required and any additional
955	1006		requirements for the certification [credential or certificate];
956	1007		(4) any fees for obtaining the certification
957	1008		[credential or certificate]; and
958	1009		(5) the average wage or salary for jobs that require or
959	1010		prefer the certification [credential or certificate].
960	1011		(c) In developing the inventory, the advisory council may
961	1012		consult with local workforce boards, the Texas Workforce Investment
962	1013		Council, the Texas Economic Development and Tourism Office, the
963	1014		Texas Education Agency, and the Texas Higher Education Coordinating
964	1015		Board.
965	1016		(d) The advisory council shall establish a process for
966	1017		developing the inventory, including the criteria for the inclusion
967	1018		of a certification [credential or certificate] in the inventory.
968		-	SECTION 32. (a) Section 15, Chapter 925 (S.B. 1566), Acts
	1019	+	SECTION 33. (a) Section 15, Chapter 925 (S.B. 1566), Acts
969	1020		of the 85th Legislature, Regular Session, 2017, which amended
970	1021		Section 39.102(a), Education Code, is repealed.
971	1022		(b) The following provisions of the Education Code are
972	1023		repealed:
973	1024		(1) Section 33.0812; and
974	1025		(2) Sections 39.023(a-4), (c-7), and (c-10).
975		-	SECTION 33. A rule of the State Board of Education under
	1026	+	SECTION 34. A rule of the State Board of Education under
976	1027		Sections 39.022, 39.029, and 39.032(e), Education Code, that is in
977	1028		effect on the effective date of this Act remains in effect until
978	1029		changed by the commissioner of education in accordance with those
979	1030		sections as amended by this Act.
980		-	SECTION 34. The changes in law made by Sections
	1031	+	SECTION 35. The changes in law made by Sections
981	1032		39.023(a-11), 39.053(a), 39.054, 39.0541, and 39.0542, Education
982	1033		Code, as amended by this Act, apply to an action or determination
983	1034		related to public school accountability and accountability ratings
984	1035		beginning with the 2022-2023 school year, regardless of whether the
985	1036		action or determination occurred before, on, or after the effective
986	1037		date of this Act.
987		-	SECTION 35. Section 39.023(o-1), Education Code, as added
	1038	+	SECTION 36. Section 39.023(o-1), Education Code, as added
988	1039		by this Act, applies beginning with the 2027-2028 school year.
989		-	SECTION 36. The changes in law made by Section 39.053,
	1040	+	SECTION 37. The changes in law made by Section 39.053,
990	1041		Education Code, as amended by this Act, and Section 39.0531,
991	1042		Education Code, as added by this Act, apply to accountability
992	1043		ratings beginning with the 2027-2028 school year.
993		-	SECTION 37. This Act takes effect immediately if it
	1044	+	SECTION 38. This Act takes effect immediately if it
994	1045		receives a vote of two-thirds of all the members elected to each
995	1046		house, as provided by Section 39, Article III, Texas Constitution.
996	1047		If this Act does not receive the vote necessary for immediate
997	1048		effect, this Act takes effect September 1, 2025.
	1049	+	* * * * *