By: Bettencourt, et al. S.B. No. 1962
A BILL TO BE ENTITLED
AN ACT
relating to the assessment of public school students, public school
accountability and actions, and proceedings challenging the
operations of the public school system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.056(e), Education Code, is amended to
read as follows:
(e) Except as provided by Subsection (f), a school campus or
district may not receive an exemption or waiver under this section
from:
(1) a prohibition on conduct that constitutes a
criminal offense;
(2) a requirement imposed by federal law or rule,
including a requirement for special education or bilingual
education programs; or
(3) a requirement, restriction, or prohibition
relating to:
(A) essential knowledge or skills under Section
28.002 or high school graduation requirements under Section 28.025;
(B) public school accountability as provided by
Subchapters B, C, D, and J, Chapter 39, and Chapter 39A;
(C) extracurricular activities under Section
33.081 [or participation in a University Interscholastic League
area, regional, or state competition under Section 33.0812];
(D) health and safety under Chapter 38;
(E) purchasing under Subchapter B, Chapter 44;
(F) elementary school class size limits, except
as provided by Section 25.112;
(G) removal of a disruptive student from the
classroom under Subchapter A, Chapter 37;
(H) at-risk programs under Subchapter C, Chapter
29;
(I) prekindergarten programs under Subchapter E,
Chapter 29;
(J) educator rights and benefits under
Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
A, Chapter 22;
(K) special education programs under Subchapter
A, Chapter 29;
(L) bilingual education programs under
Subchapter B, Chapter 29; or
(M) the requirements for the first day of
instruction under Section 25.0811.
SECTION 2. Section 7.057(d), Education Code, is amended to
read as follows:
(d) A person aggrieved by an action of the agency or
decision of the commissioner under this section may appeal to a
district court in Travis County. An appeal must be made by serving
the commissioner with citation issued and served in the manner
provided by law for civil suits. The petition must state the action
or decision from which the appeal is taken. At trial, the court
shall determine all issues of law and fact, except as provided by
Section 33.081(g).
SECTION 3. Section 11.182(b), Education Code, is amended to
read as follows:
(b) A board of trustees may determine whether to use the
evaluation tool, except as required by Section 39A.002 [39.102(a)].
SECTION 4. Section 39.022, Education Code, is amended to
read as follows:
Sec. 39.022. INSTRUCTIONALLY SUPPORTIVE ASSESSMENT SYSTEM
[PROGRAM]. (a) The agency [State Board of Education by rule] shall
create and implement a balanced and streamlined statewide
assessment system for assessment instruments administered under
this subchapter [program that is knowledge- and skills-based] to
ensure school accountability for student achievement that:
(1) is aligned with the essential knowledge and skills
adopted by the State Board of Education under Section 28.002;
(2) achieves the goals provided under Section 4.002;
and
(3) prioritizes student learning.
(b) The agency [After adopting rules under this section, the
State Board of Education] shall consider the importance of
maintaining stability in the statewide assessment system [program]
when modifying the system [adopting any subsequent modification of
the rules].
(c) [(b)] It is the policy of this state that the statewide
assessment system [program] be designed to:
(1) provide assessment instruments that are as short
as practicable; and
(2) minimize the disruption to the educational
program.
(d) The assessment system implemented under this section
must include:
(1) assessment instruments administered under
Sections 39.023(a), (c), and (l);
(2) beginning-of-year and middle-of-year assessment
instruments described by Section 39.023(o-1); and
(3) technical assistance and guidance to school
districts and open-enrollment charter schools for implementing the
assessment system, including assistance and guidance on:
(A) implementing a comprehensive assessment
strategy that:
(i) improves student performance and
promotes mastery of the essential knowledge and skills; and
(ii) informs educators regarding
assessment requirements; and
(B) reducing the assessment burden on students
and school personnel.
SECTION 5. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.0225 to read as follows:
Sec. 39.0225. TRANSITION OF ASSESSMENT SYSTEM. (a) The
agency shall transition the system for assessment instruments
administered under this subchapter to incorporate improvements
identified in reports submitted under Section 39.0236(d).
(b) For purposes of making the transition under Subsection
(a), the agency shall adopt or develop the following assessment
instruments to be administered beginning no later than the
2027-2028 school year:
(1) an end-of-year assessment instrument for each
subject or course for each grade level subject to assessment under
Section 39.023; and
(2) optional beginning-of-year and middle-of-year
progress monitoring assessment instruments for each subject and
grade level subject to assessment under Sections 39.023(a)(1)
through (4).
(c) To the extent practicable, the end-of-year assessment
instruments described by Subsection (b)(1) shall:
(1) be shorter than the assessment instruments
administered during the 2024-2025 school year under Sections
39.023(a), (c), and (l);
(2) be scheduled as close to the end of the school year
as practicable;
(3) allow for results to be provided as quickly as
practicable; and
(4) for a reading language arts assessment instrument,
include open-ended questions that:
(A) are administered separately; and
(B) scored using a process that:
(i) involves classroom teachers; and
(ii) allows for a school district or
open-enrollment charter school to submit student responses for
rescoring.
(d) To the extent practicable, the progress monitoring
assessment instruments described by Subsection (b)(2) shall:
(1) provide progress monitoring information related
to essential knowledge and skills for the assessed subject to
support instruction during the school year;
(2) be designed to be predictive of, without
intervention, a student's performance on the applicable
end-of-year assessment instrument; and
(3) serve as an optional and free benchmark assessment
tool for school districts and open-enrollment charter schools.
(e) The agency shall provide technical assistance and
guidance to school districts and open-enrollment charter schools as
described by Section 39.022(d)(3) that, to the extent practicable,
includes strategies for districts and schools to reduce assessment
burdens not later than the beginning of the 2027-2028 school year.
(f) Students shall continue to be assessed under the
preceding assessment program for assessment instruments
administered under this subchapter until the applicable assessment
instrument for a subject or course and grade level is replaced by an
assessment instrument adopted or developed under this section.
(g) The agency shall conduct a performance comparison
analysis between the assessment system adopted or developed under
this section and the preceding assessment program for assessment
instruments administered under this subchapter to establish
roughly comparable standards for the issuance of performance
ratings under Section 39.054 for the school year the system adopted
or developed under this section is implemented.
(h) This section expires September 1, 2028.
SECTION 6. Section 39.023, Education Code, is amended by
amending Subsections (a-11), (c), (c-3), (c-8), (e), (g), (i), (l),
and (o) and adding Subsection (o-1) to read as follows:
(a-11) Before an assessment instrument adopted or developed
under Subsection (a) may be administered under that subsection, the
assessment instrument must, on the basis of empirical evidence, be
determined to be valid and reliable by the advisory committees
established under Section 39.02302 or an entity that is, as
determined by the commissioner, independent of the agency and of
any other entity that developed the assessment instrument.
(c) The agency shall also adopt end-of-course assessment
instruments for secondary-level courses in Algebra I, biology,
English I, English II, and United States history. The Algebra I
end-of-course assessment instrument must be administered with the
aid of technology, but may include one or more parts that prohibit
the use of technology. The English I and English II end-of-course
assessment instruments must each assess essential knowledge and
skills in both reading and writing and must provide a single score.
A school district shall comply with agency [State Board of
Education] rules regarding administration of the assessment
instruments listed in this subsection. If a student is in a special
education program under Subchapter A, Chapter 29, the student's
admission, review, and dismissal committee shall determine whether
any allowable modification is necessary in administering to the
student an assessment instrument required under this subsection.
The agency [State Board of Education] shall administer the
assessment instruments. An end-of-course assessment instrument
may be administered in multiple parts over more than one day. [The
State Board of Education shall adopt a schedule for the
administration of end-of-course assessment instruments that
complies with the requirements of Subsection (c-3).]
(c-3) The agency shall adopt a schedule for the
administration of assessment instruments under this section for
each school year and, to the extent practicable, provide the
schedule to each school district and open-enrollment charter school
two years before the school year to which the schedule applies. To
the extent practicable and for the purpose of mitigating local
scheduling conflicts, including University Interscholastic League
athletic competitions, the schedule adopted under this section must
establish testing windows for the administration of each assessment
instrument and allow a district or school to administer an
assessment instrument on any date selected by the district or
school that falls within the testing window for the instrument
[Except as provided by Subsection (c-7) or (c-10) or as otherwise
provided by this subsection, in adopting a schedule for the
administration of assessment instruments under this section, the
State Board of Education shall ensure that assessment instruments
administered under Subsection (a) or (c) are not administered on
the first instructional day of a week. On request by a school
district or open-enrollment charter school, the commissioner may
allow the district or school to administer an assessment instrument
required under Subsection (a) or (c) on the first instructional day
of a week if administering the assessment instrument on another
instructional day would result in a significant administrative
burden due to specific local conditions].
(c-8) At least 25 [Beginning with the 2022-2023 school year,
not more than 75] percent of the available points on an assessment
instrument developed under Subsection (a) or (c) must [may] be
attributable to questions that are not presented in a multiple
choice format.
(e) Under rules adopted by the agency [State Board of
Education], every third year, the agency shall release the
questions and answer keys to each assessment instrument
administered under Subsection (a), (b), (c), (d), or (l), excluding
any assessment instrument administered to a student for the purpose
of retaking the assessment instrument, after the last time the
instrument is administered for that school year. To ensure a valid
bank of questions for use each year, the agency is not required to
release a question that is being field-tested and was not used to
compute the student's score on the instrument. The agency shall
also release[, under board rule,] each question that is no longer
being field-tested and that was not used to compute a student's
score. During the 2014-2015 and 2015-2016 school years, the agency
shall release the questions and answer keys to assessment
instruments as described by this subsection each year.
(g) The agency [State Board of Education] may adopt one
appropriate, nationally recognized, norm-referenced assessment
instrument in reading and mathematics to be administered to a
selected sample of students in the spring. If adopted, a
norm-referenced assessment instrument must be a secured test. The
state may pay the costs of purchasing and scoring the adopted
assessment instrument and of distributing the results of the
adopted instrument to the school districts. A district that
administers the norm-referenced test adopted under this subsection
shall report the results to the agency in a manner prescribed by the
commissioner.
(i) The provisions of this section, except Subsection (d),
are subject to modification by rules adopted under Section 39.001
[39.022]. Each assessment instrument adopted under those rules and
each assessment instrument required under Subsection (d) must be
reliable and valid and must meet any applicable federal
requirements for measurement of student progress.
(l) The agency [State Board of Education] shall adopt rules
for the administration of the assessment instruments adopted under
Subsection (a) in Spanish to emergent bilingual students in grades
three through five, as defined by Section 29.052, whose primary
language is Spanish, and who are not otherwise exempt from the
administration of an assessment instrument under Section
39.027(a)(1) or (2). Each emergent bilingual student whose primary
language is Spanish, other than a student to whom Subsection (b)
applies, may be assessed using assessment instruments in Spanish
under this subsection for up to three years or assessment
instruments in English under Subsection (a). The language
proficiency assessment committee established under Section 29.063
shall determine which students are administered assessment
instruments in Spanish under this subsection.
(o) The agency shall adopt or develop optional interim
assessment instruments for each [subject or] course [for each grade
level] subject to an end-of-course assessment under this section.
A school district or open-enrollment charter school may [not be
required to] administer to students enrolled at the district or
school interim assessment instruments adopted or developed under
this subsection. An interim assessment instrument:
(1) must be:
(A) when possible, predictive of the
end-of-course assessment instrument for the applicable [subject
or] course [for that grade level] required under this section; and
(B) administered electronically; and
(2) may not be used for accountability purposes.
(o-1) The agency shall adopt or develop optional
beginning-of-year and middle-of-year progress monitoring
assessment instruments for each subject and grade level subject to
assessment under Sections 39.023(a)(1) through (4). A school
district or open-enrollment charter school may administer to
students enrolled at the district or school progress monitoring
assessment instruments adopted or developed under this subsection.
A progress monitoring assessment instrument must:
(1) provide to the district or school administering
the assessment instrument information regarding student
proficiency in the essential knowledge and skills for the assessed
subject to support instruction during the school year; and
(2) be designed to be predictive of, without
intervention, a student's performance on the applicable
end-of-year assessment instrument.
SECTION 7. Section 39.0238(b), Education Code, is amended
to read as follows:
(b) The board of trustees of a school district or the
governing body of an open-enrollment charter school may consider
the dates of religious holy days or periods of observance likely to
be observed by the students enrolled in the district or school
during the period set by the agency [State Board of Education] for
the administration of assessment instruments required under
Section 39.023 in establishing:
(1) the district's or school's calendar for that
school year; and
(2) the instructional days within that period on which
district or school students are administered the required
assessment instruments, provided that the board of trustees or
governing body may not exclude more than two instructional days
from that period based solely on the occurrence of a single
religious holy day or period of observance.
SECTION 8. Section 39.026, Education Code, is amended to
read as follows:
Sec. 39.026. LOCAL OPTION. In addition to the assessment
instruments adopted and administered by the agency [and
administered by the State Board of Education], a school district
may, subject to Section 39.0263, adopt and administer
criterion-referenced or norm-referenced assessment instruments, or
both, at any grade level. A norm-referenced assessment instrument
adopted under this section must be economical, nationally
recognized, and state-approved.
SECTION 9. The heading to Section 39.0263, Education Code,
is amended to read as follows:
Sec. 39.0263. ADMINISTRATION OF DISTRICT-REQUIRED OR
CAMPUS-REQUIRED BENCHMARK ASSESSMENT INSTRUMENTS [TO PREPARE
STUDENTS FOR STATE-ADMINISTERED ASSESSMENT INSTRUMENTS].
SECTION 10. Section 39.0263, Education Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsection (e) to
read as follows:
(a) In this section, "benchmark assessment instrument"
means a district-required or campus-required assessment instrument
that is administered to all or most students for a subject or course
in a particular grade level and that is not curriculum-embedded,
including an assessment instrument, such as a practice test or a
nationally norm-referenced assessment instrument, designed to
prepare students for a corresponding state-administered assessment
instrument.
(b) Except as provided by Subsection (c), a school district
or campus may not administer to any student more than two benchmark
assessment instruments during a school year before the
administration of an end-of-year [to prepare the student for a
corresponding state-administered] assessment instrument.
(c) The prohibition prescribed by this section does not
apply to:
(1) the administration of a college preparation
assessment instrument, including the PSAT, the ACT-Plan, the SAT,
or the ACT, an advanced placement test, or an international
baccalaureate examination;
(2) [, or] an independent classroom examination
designed or adopted and administered by a classroom teacher;
(3) a diagnostic assessment included in a screening or
testing for dyslexia or a related disorder; or
(4) an assessment instrument required under state law,
including under Chapter 28 or 29.
(e) If the agency determines that a school district or
campus is in violation of this section, in addition to any
enforcement actions or remedies available to the agency under other
law, the agency may require the district or campus to receive
technical assistance described by Section 39.022(d)(3).
SECTION 11. Section 39.027(b), Education Code, is amended
to read as follows:
(b) The agency [State Board of Education] shall adopt rules
under which a dyslexic student who is not exempt under Subsection
(a) may use procedures including oral examinations if appropriate
or may be allowed additional time or the materials or technology
necessary for the student to demonstrate the student's mastery of
the competencies the assessment instruments are designed to
measure.
SECTION 12. Section 39.028, Education Code, is amended to
read as follows:
Sec. 39.028. COMPARISON OF STATE RESULTS TO NATIONAL
RESULTS. The state assessment system [program] shall obtain
nationally comparative results for the subject areas and grade
levels for which criterion-referenced assessment instruments are
adopted under Section 39.023.
SECTION 13. Section 39.029, Education Code, is amended to
read as follows:
Sec. 39.029. MIGRATORY CHILDREN. The agency [State Board
of Education] by rule may provide alternate dates for the
administration of the assessment instruments to a student who is a
migratory child as defined by 20 U.S.C. Section 6399. The alternate
dates may be chosen following a consideration of migrant work
patterns, and the dates selected may afford maximum opportunity for
the students to be present when the assessment instruments are
administered.
SECTION 14. Section 39.030(a), Education Code, is amended
to read as follows:
(a) In adopting academic skills assessment instruments
under this subchapter, the agency [State Board of Education] or a
school district shall ensure the security of the instruments and
tests in their preparation, administration, and grading. Meetings
or portions of meetings held by the agency [State Board of
Education] or a school district at which individual assessment
instruments or assessment instrument items are discussed or adopted
are not open to the public under Chapter 551, Government Code, and
the assessment instruments or assessment instrument items are
confidential.
SECTION 15. Sections 39.032(c-1) and (e), Education Code,
are amended to read as follows:
(c-1) The standardization norms computed under Subsection
(c) shall be:
(1) based on a national probability sample that meets
accepted standards for educational and psychological testing; and
(2) updated at least every eight years using proven
psychometric procedures approved by the agency [State Board of
Education].
(e) The agency [State Board of Education] shall adopt rules
for the implementation of this section and for the maintenance of
the security of the contents of all assessment instruments.
SECTION 16. Section 39.054(b-1), Education Code, is
transferred to Section 39.052, Education Code, redesignated as
Section 39.052(b-1), Education Code, and amended to read as
follows:
(b-1) Consideration of the effectiveness of district
programs under Subsection (b)(2)(B) [Section 39.052(b)(2)(B)] or
(C):
(1) must:
(A) be based on data collected through the Public
Education Information Management System (PEIMS) for purposes of
accountability under this chapter; and
(B) include the results of assessments required
under Section 39.023; and
(2) may be based on the results of a special
investigation conducted under Section 39.003.
SECTION 17. Section 39.053, Education Code, is amended by
amending Subsections (a), (c), and (f) and adding Subsections
(c-4), (f-1), (f-2), (f-3), and (f-4) to read as follows:
(a) The commissioner shall adopt a set of indicators of the
quality of learning and achievement, including the indicators under
Subsection (c). The commissioner periodically shall review the
indicators for the consideration of appropriate revisions and may,
if the commissioner determines an indicator otherwise required
under this subchapter is not valid or reliable, exclude the
indicator from the set of indicators adopted under this section.
(c) School districts and campuses must be evaluated based on
three domains of indicators of achievement adopted under this
section that include:
(1) in the student achievement domain, indicators of
student achievement that must include:
(A) for evaluating the performance of districts
and campuses generally:
(i) an indicator that accounts for the
results of assessment instruments required under Sections
39.023(a), (c), and (l), as applicable for the district and campus,
including the results of assessment instruments required for
graduation retaken by a student, aggregated across grade levels by
subject area, including:
(a) for the performance standard
determined by the commissioner under Section 39.0241(a), the
percentage of students who performed satisfactorily on the
assessment instruments, aggregated across grade levels by subject
area; and
(b) for the college readiness
performance standard as determined under Section 39.0241, the
percentage of students who performed satisfactorily on the
assessment instruments, aggregated across grade levels by subject
area; and
(ii) an indicator that accounts for the
results of assessment instruments required under Section
39.023(b), as applicable for the district and campus, including the
percentage of students who performed satisfactorily on the
assessment instruments, as determined by the performance standard
adopted by the agency, aggregated across grade levels by subject
area; and
(B) for evaluating the performance of high school
campuses and districts that include high school campuses,
indicators that account for:
(i) students who satisfy the Texas Success
Initiative (TSI) college readiness benchmarks prescribed by the
Texas Higher Education Coordinating Board under Section 51.334 on
an assessment instrument in reading or mathematics designated by
the coordinating board under that section;
(ii) students who satisfy relevant
performance standards on advanced placement tests or similar
assessments;
(iii) students who earn dual course credits
in the dual credit courses;
(iv) students who demonstrate military
readiness:
(a) through verified enlistment
[enlist] in the armed forces of the United States or the Texas
National Guard; or
(b) by achieving a passing score set
by the commissioner on the Armed Services Vocational Aptitude
Battery Test and successfully completing a Junior Reserve Officer
Training Corps program;
(v) students who earn industry
certifications;
(vi) students admitted into postsecondary
industry certification programs that require as a prerequisite for
entrance successful performance at the secondary level;
(vii) students whose successful completion
of a course or courses under Section 28.014 indicates the student's
preparation to enroll and succeed, without remediation, in an
entry-level general education course for a baccalaureate degree or
associate degree;
(viii) students who successfully met
standards on a composite of indicators that through research
indicates the student's preparation to enroll and succeed, without
remediation, in an entry-level general education course for a
baccalaureate degree or associate degree;
(ix) high school graduation rates, computed
in accordance with standards and definitions adopted in compliance
with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
subject to the exclusions provided by Subsections (g), (g-1),
(g-2), (g-3), and (g-4);
(x) students who successfully completed an
OnRamps dual enrollment course;
(xi) students who successfully completed a
practicum or internship approved by the State Board of Education;
(xii) students who are awarded an associate
degree; and
(xiii) students who successfully completed
a program of study in career and technical education;
(2) in the school progress domain, indicators for
effectiveness in promoting student learning, which must include:
(A) for assessment instruments, including
assessment instruments under Subdivisions (1)(A)(i) and (ii), the
percentage of students who met the standard for improvement, as
determined by the commissioner; and
(B) for evaluating relative performance, the
performance of districts and campuses compared to similar districts
or campuses; and
(3) in the closing the gaps domain, the use of
disaggregated data to demonstrate the differentials among students
from different racial and ethnic groups, socioeconomic
backgrounds, and other factors, including:
(A) students formerly receiving special
education services;
(B) students continuously enrolled; and
(C) students who are mobile.
(c-4) The agency shall study the college, career, and
military readiness indicators adopted under Subsection (c) to
determine the correlation of each indicator with postsecondary
success, including the correlation of industry certifications with
wages and available jobs. The value assigned to each indicator must
be:
(1) based on the strength of the indicator's
correlation with successful outcomes; and
(2) updated in accordance with Subsection (f-1).
(f) Annually, the commissioner shall define and may modify
the state standards [standard for the current school year] for each
[achievement] indicator adopted under this subchapter in
[section. In] consultation with educators, parents, and business
and industry representatives, as necessary. The[, the]
commissioner shall increase the rigor by which the commissioner
determines the overall performance ratings under Section 39.054(a)
[establish and modify standards] to continuously improve student
performance to, not later than the 15th year after the date the
commissioner modifies the performance standards under Subsection
(f-1), achieve the goals of:
(1) eliminating achievement gaps based on race,
ethnicity, and socioeconomic status; and
(2) ensuring [to ensure] this state ranks nationally
[is a national leader] in the top five states in preparing students
for postsecondary success and on the National Assessment of
Educational Progress or its successor assessment.
(f-1) Beginning with the indicators adopted for the
2027-2028 school year and as required to meet the goals under
Subsection (f), the commissioner shall increase the scores needed
to achieve performance standards on indicators adopted under this
subchapter only every fifth school year unless an indicator adopted
under Subsection (c) requires adjustment before that school year to
ensure consistency of performance standards.
(f-2) To the extent practicable, for each of the two school
years preceding a school year the commissioner increases a score
under Subsection (f-1), the commissioner shall report, in a manner
that can be reviewed by school administrators, the overall
performance of school districts and campuses under that increased
score.
(f-3) In reporting the performance of school districts and
campuses on indicators adopted under this subchapter for a school
year in which the score needed to achieve performance standards on
one or more of those indicators was increased under Subsection
(f-1), the commissioner shall include in the report an
informational report on the performance of districts and campuses
during the preceding school year under the increased score.
(f-4) Notwithstanding Subsection (f), the commissioner may
define state standards for an indicator adopted under this
subchapter for multiple school years provided that the commissioner
annually affirms that those standards are applicable to the current
school year. The commissioner is not required to adopt the
affirmation described by this subsection by rule.
SECTION 18. Subchapter C, Chapter 39, Education Code, is
amended by adding Section 39.0531 to read as follows:
Sec. 39.0531. INDUSTRY CERTIFICATION LIST. (a) The agency
shall maintain a list of industry certifications that are eligible
for purposes of Section 39.053(c)(1)(B)(v). In developing the
list, the agency shall consider the inventory of
industry-recognized certifications developed under Section
312.003, Labor Code. The certifications must:
(1) be aligned to a program of study that, according to
labor market data, prepares students for high-wage, high-skill,
in-demand occupations;
(2) allow students to demonstrate mastery of the
skills required for occupations within an approved program of
study; and
(3) be obtained through an assessment of the knowledge
and skills provided by or determined by an independent, third-party
certifying entity using predetermined standards for knowledge,
skills, and competencies.
(b) The agency shall review the eligibility of industry
certifications under Subsection (a), including whether the
programs of study for those certifications still meet the
requirements under that subsection:
(1) in consultation with the advisory council
established under Chapter 312, Labor Code; and
(2) to the extent practicable, concurrently with the
modification of performance standards under Section 39.053(f-1).
(c) If, after reviewing an industry certification under
Subsection (b), the agency determines the certification is no
longer eligible for purposes of Section 39.053(c)(1)(B)(v) and
should be removed from the list maintained under Subsection (a),
the agency shall, to the extent practicable, post on the agency's
Internet website information regarding the removal of the
certification not later than two years before the date the agency
intends to remove the certification from the list.
(d) During the three years following an agency's
determination under Subsection (c) that an industry certification
is no longer eligible for purposes of Section 39.053(c)(1)(B)(v), a
school district may receive the benefit of achievement indicators
based on that industry certification for purposes of Section
39.053(c) only for a cohort of students who:
(1) were participating in the program of study aligned
with that certification during the school year the agency
determines the certification is no longer eligible; and
(2) earn the certification within the three-year
period.
SECTION 19. Section 39.054, Education Code, is amended by
amending Subsections (a), (a-3), (a-4), (a-5), and (b) and adding
Subsections (a-6), (a-7), (c), and (d) to read as follows:
(a) Except as provided by Subsection (a-4), the
commissioner shall adopt rules to evaluate school district and
campus performance and, each school year, assign each district and
campus an overall performance rating of A, B, C, D, or F. In
addition to the overall performance rating, each school year, the
commissioner shall assign each district and campus a separate
domain performance rating of A, B, C, D, or F for each domain under
Section 39.053(c). An overall or domain performance rating of A
reflects exemplary performance. An overall or domain performance
rating of B reflects recognized performance. An overall or domain
performance rating of C reflects acceptable performance. An
overall or domain performance rating of D reflects performance that
needs improvement. An overall or domain performance rating of F
reflects unacceptable performance. A district may not receive an
overall or domain performance rating of A if the district includes
any campus with a corresponding overall or domain performance
rating of D or F. If a school district has been approved under
Section 39.0544 to assign campus performance ratings and the
commissioner has not assigned a campus an overall performance
rating of D or F, the commissioner shall assign the campus an
overall performance rating based on the school district assigned
performance rating under Section 39.0544.
(a-3) Except as provided by Subsection (c), not [Not] later
than August 15 of each year, the following information shall be made
publicly available as provided by rules adopted under this
section:
(1) the performance ratings for each school district
and campus; and
(2) if applicable, the number of consecutive school
years of unacceptable performance ratings for each district and
campus.
(a-4) Notwithstanding any other law and except as provided
by Subsection (a-6), the commissioner may assign a school district
or campus an overall performance rating of "Not Rated" if the
commissioner determines that the assignment of a performance rating
of A, B, C, D, or F would be inappropriate because:
(1) the district or campus is located in an area that
is subject to a declaration of a state of disaster under Chapter
418, Government Code, and due to the disaster, performance
indicators for the district or campus are difficult to measure or
evaluate and would not accurately reflect quality of learning and
achievement for the district or campus;
(2) the district or campus has experienced breaches or
other failures in data integrity to the extent that accurate
analysis of data regarding performance indicators is not possible;
(3) the number of students enrolled in the district or
campus is insufficient to accurately evaluate the performance of
the district or campus; or
(4) for other reasons outside the control of the
district or campus, the performance indicators would not accurately
reflect quality of learning and achievement for the district or
campus.
(a-5) Notwithstanding any other law, an overall performance
rating of "Not Rated" is not included in calculating consecutive
school years of unacceptable performance ratings and is not
considered a break in consecutive school years of unacceptable
performance ratings for purposes of any provision of this code. Any
interventions or sanctions to which a school district or campus is
subject under Chapter 39A shall continue during a period in which
the district or campus is assigned an overall performance rating of
"Not Rated."
(a-6) The commissioner may not assign an overall
performance rating of "Not Rated" to all school districts or all
campuses on a statewide basis.
(a-7) If the agency makes changes to the assessment system
under Section 39.022 for assessment instruments administered under
this subchapter that require new standards for issuing performance
ratings under this section, the agency must conduct a performance
comparison analysis between the system as changed and the preceding
system to establish roughly comparable standards for issuing
performance ratings. Failure to conduct a performance comparison
analysis as required under this subsection does not prevent the
assignment of performance ratings under this section and may not be
the basis of a challenge to a performance rating assigned under this
section.
(b) For purposes of assigning school districts and campuses
an overall and a domain performance rating under Subsection (a),
the commissioner shall, to the extent practicable, ensure that the
method used to evaluate performance is implemented in a manner that
provides the mathematical possibility that all districts and
campuses receive an A rating.
(c) The commissioner shall make the information under
Subsection (a-3) available as soon as reasonably possible in years
in which the standards are modified or recalibrated or in which a
new assessment instrument is offered.
(d) Failure to assign a performance rating to a school
district or campus before the deadline provided by Subsection (a-3)
does not invalidate the performance rating assigned to the district
or campus or any resulting intervention or sanction imposed on the
district or campus.
SECTION 20. Section 39.0541, Education Code, is amended to
read as follows:
Sec. 39.0541. ADOPTION OF INDICATORS AND STANDARDS. The
commissioner may adopt indicators and standards under this
subchapter at any time [during a school year] before issuing the
evaluation of a school district or campus.
SECTION 21. Section 39.0542, Education Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) The [Each school year, the] commissioner shall provide
each school district a document in a simple, accessible format that
explains the accountability performance measures, methods, and
procedures that will be applied [for that school year] in assigning
each school district and campus a performance rating under Section
39.054.
(d) Failure to provide the document described by Subsection
(a) does not prevent the assignment of performance ratings under
Section 39.054 and may not be the basis of a challenge to a
performance rating assigned under that section.
SECTION 22. Section 39.151(e), Education Code, is amended
to read as follows:
(e) A school district or open-enrollment charter school may
not challenge on any basis, including a lack of commissioner or
agency authority, an agency decision relating to an academic or
financial accountability rating under this chapter, including a
decision relating to a determination of consecutive school years of
unacceptable performance ratings, in another proceeding unless
[if] the district or school has exhausted the district's or school's
remedies [had an opportunity to challenge the decision] under this
section.
SECTION 23. Section 39.201(a), Education Code, is amended
to read as follows:
(a) The [Not later than August 8 of each year, the]
commissioner shall award distinction designations for outstanding
performance as provided by this subchapter concurrently with the
assignment of performance ratings under Section 39.054. A
distinction designation awarded to a district or campus under this
subchapter shall be referenced directly in connection with the
performance rating assigned to the district or campus and made
publicly available together with the performance ratings as
provided by rules adopted under Section 39.054 [39.054(a)].
SECTION 24. Subchapter H, Chapter 39, Education Code, is
amended by adding Section 39.231 to read as follows:
Sec. 39.231. LOCAL ACCOUNTABILITY GRANT PROGRAM. (a) From
money appropriated or otherwise available for the purpose, the
agency shall establish a grant program with capacity to assist at
least one school district per education service center region in
developing a local accountability system that complies with the
requirements of Section 39.0544.
(b) The commissioner shall adopt rules to implement this
section.
SECTION 25. Section 39A.001, Education Code, is amended to
read as follows:
Sec. 39A.001. GROUNDS FOR COMMISSIONER ACTION. The
commissioner shall take any of the actions authorized by this
subchapter to the extent the commissioner determines necessary if:
(1) a school district does not satisfy:
(A) the accreditation criteria under Section
39.052;
(B) the academic performance standards under
Section 39.053 or 39.054; or
(C) any financial accountability standard as
determined by commissioner rule; [or]
(2) the commissioner considers the action to be
appropriate on the basis of a special investigation under Section
39.003; or
(3) a school district initiates or maintains an action
or proceeding against the state or an agency or officer of the
state.
SECTION 26. Subchapter A, Chapter 39A, Education Code, is
amended by adding Section 39A.008 to read as follows:
Sec. 39A.008. INTERVENTION RELATED TO SCHOOL DISTRICT OR
OPEN-ENROLLMENT CHARTER SCHOOL ACTION OR PROCEEDING AGAINST STATE.
(a) This section applies to a school district or open-enrollment
charter school subject to commissioner action under Section
39A.001(3).
(b) The commissioner may appoint a conservator to a school
district or open-enrollment charter school to which this section
applies.
(c) A conservator appointed under Subsection (b) shall
require the school district or open-enrollment charter school to
demonstrate, by a deadline established by the conservator, that the
district or school is in compliance with Section 45.105(c-1). If
the conservator determines that the district or school is not in
compliance with that section, the conservator shall order the
district or school to withdraw from the action or proceeding.
(d) If a school district or open-enrollment charter school
fails to comply with an order by a conservator appointed under
Subsection (b) by the deadline established by the conservator, the
commissioner may:
(1) for a school district, appoint a board of managers
to oversee the operations of the district; or
(2) for an open-enrollment charter school, order
reconstitution of the school's governing board.
(e) An action taken or decision made by the commissioner or
a conservator under this section is final and not subject to appeal
under Section 7.057, Chapter 39, or this chapter.
SECTION 27. Subchapter Z, Chapter 39A, Education Code, is
amended by adding Sections 39A.908 and 39A.909 to read as follows:
Sec. 39A.908. INTERVENTIONS AND SANCTIONS WHILE ASSIGNMENT
OF PERFORMANCE RATINGS ENJOINED. (a) Notwithstanding any other
law, during a period in which the agency is enjoined from assigning
performance ratings to a school district, open-enrollment charter
school, or district or school campus, any previously imposed
interventions or sanctions to which the district, school, or campus
is subject shall continue throughout that period.
(b) As soon as practicable after the dissolution of an
injunction described by Subsection (a), the agency shall:
(1) assign performance ratings for each school year
and to each school district, open-enrollment charter school, and
district or school campus for which the agency was enjoined from
assigning performance ratings; and
(2) as applicable, impose any appropriate
interventions or sanctions authorized under this chapter based on
the ratings assigned under Subdivision (1).
(c) Notwithstanding any other law, if the agency is
permanently enjoined from assigning performance ratings to a school
district, open-enrollment charter school, or district or school
campus for a school year, the agency shall consider the district,
school, or campus to have received a "Not Rated" rating for that
school year for purposes of:
(1) calculating consecutive years of performance; and
(2) determining whether to impose an intervention or
sanction authorized under this chapter.
(d) To ensure the expeditious implementation of
interventions or sanctions under this chapter, the agency may
modify or waive a deadline or time frame required by law or agency
rule applicable to the assignment of performance ratings for a
school year for which the agency was enjoined from assigning
performance ratings.
(e) Except as provided by Subsection (f) and Section
39A.909, the agency shall impose an intervention or sanction
described by Subsection (b)(2) or (c)(2) as required by law unless
the intervention or sanction, as determined by the commissioner:
(1) has been superseded by a subsequent intervention
or sanction; or
(2) may be removed based on the subsequent performance
of a school district, open-enrollment charter school, or district
or school campus.
(f) The commissioner shall impose an intervention described
by Section 12.115(c), 39A.004, or 39A.111, as applicable, on a
school district, open-enrollment charter school, or district or
school campus if the district, school, or campus would have been
subject to commissioner action under the applicable section based
on the performance rating of the district, school, or campus for a
school year for which the agency was enjoined from assigning
performance ratings, regardless of the performance of the district,
school, or campus in a subsequent school year.
(g) Except as provided by Subsection (h), the commissioner
shall revoke a charter holder's charter for an open-enrollment
charter school for which the charter holder received a charter
renewal based on the absence of a performance rating for a school
year for which the agency was enjoined from assigning a performance
rating if, after the assignment of performance ratings for that
year, the charter would not have been renewed under Section
12.1141(d), regardless of the performance of the school in a
subsequent school year.
(h) Subsection (g) does not apply to a charter holder for
which the agency has renewed the charter based on the charter holder
entering into and meeting the requirements of a performance
agreement with the agency.
Sec. 39A.909. INTERVENTIONS OR SANCTIONS RELATED TO
2022-2023 OR 2023-2024 SCHOOL YEAR PERFORMANCE RATINGS. (a) The
commissioner shall impose an intervention described by Section
12.115(c), 39A.004, or 39A.111, as applicable, on a school
district, open-enrollment charter school, or district or school
campus if the district, school, or campus would have been subject to
commissioner action under the applicable section based on the
performance rating of the district, school, or campus for the
2022-2023 or 2023-2024 school year, regardless of the performance
of the district, school, or campus in a subsequent school year.
(b) The commissioner shall revoke a charter holder's
charter for an open-enrollment charter school for which the charter
holder received a charter renewal based on the absence of a
performance rating for the 2022-2023 or 2023-2024 school year if,
after the assignment of performance ratings for those years, the
charter would not have been renewed under Section 12.1141(d),
regardless of the performance of the school in a subsequent school
year.
SECTION 28. Section 45.105(c-1), Education Code, is amended
to read as follows:
(c-1) Notwithstanding any other law, federal, state, or
local funding, including funding under Chapters 46, 48, and 49,
[Funds described by Subsection (c)] may not be used to initiate or
maintain any action or proceeding against the state or an agency or
officer of the state, including an action or proceeding that
includes a claim of ultra vires conduct [arising out of a decision,
order, or determination that is final and unappealable under a
provision of this code], except that funds may be used for an action
or proceeding that is specifically authorized by a provision of
this code or by Section 2001.038, Government Code [a rule adopted
under this code and that results in a final and unappealable
decision, order, or determination].
SECTION 29. Section 22A.001(a), Government Code, is amended
to read as follows:
(a) The attorney general may petition the chief justice of
the supreme court to convene a special three-judge district court
in any suit filed in a district court in this state in which this
state or a state officer or agency is a defendant in a claim that:
(1) challenges the finances or operations of this
state's public school system, including challenges to the
implementation of the public school accountability system under
Chapter 39, Education Code; or
(2) involves the apportionment of districts for the
house of representatives, the senate, the State Board of Education,
or the United States Congress, or state judicial districts.
SECTION 30. The heading to Section 312.003, Labor Code, is
amended to read as follows:
Sec. 312.003. INVENTORY OF CERTIFICATIONS [CREDENTIALS AND
CERTIFICATES].
SECTION 31. Sections 312.003(a), (b), (c), and (d), Labor
Code, are amended to read as follows:
(a) The advisory council shall develop an inventory of
industry-recognized certifications [credentials and certificates]
that may be earned by a public high school student through a career
and technology education program and that:
(1) are aligned to state and regional workforce needs;
[and]
(2) serve as an entry point to middle- and high-wage
jobs; and
(3) meet the requirements of Section 39.0531(a),
Education Code.
(b) The inventory must include for each certification
[credential or certificate]:
(1) the associated career cluster;
(2) the awarding entity;
(3) the level of education required and any additional
requirements for the certification [credential or certificate];
(4) any fees for obtaining the certification
[credential or certificate]; and
(5) the average wage or salary for jobs that require or
prefer the certification [credential or certificate].
(c) In developing the inventory, the advisory council may
consult with local workforce boards, the Texas Workforce Investment
Council, the Texas Economic Development and Tourism Office, the
Texas Education Agency, and the Texas Higher Education Coordinating
Board.
(d) The advisory council shall establish a process for
developing the inventory, including the criteria for the inclusion
of a certification [credential or certificate] in the inventory.
SECTION 32. (a) Section 15, Chapter 925 (S.B. 1566), Acts
of the 85th Legislature, Regular Session, 2017, which amended
Section 39.102(a), Education Code, is repealed.
(b) The following provisions of the Education Code are
repealed:
(1) Section 33.0812; and
(2) Sections 39.023(a-4), (c-7), and (c-10).
SECTION 33. A rule of the State Board of Education under
Sections 39.022, 39.029, and 39.032(e), Education Code, that is in
effect on the effective date of this Act remains in effect until
changed by the commissioner of education in accordance with those
sections as amended by this Act.
SECTION 34. The changes in law made by Sections
39.023(a-11), 39.053(a), 39.054, 39.0541, and 39.0542, Education
Code, as amended by this Act, apply to an action or determination
related to public school accountability and accountability ratings
beginning with the 2022-2023 school year, regardless of whether the
action or determination occurred before, on, or after the effective
date of this Act.
SECTION 35. Section 39.023(o-1), Education Code, as added
by this Act, applies beginning with the 2027-2028 school year.
SECTION 36. The changes in law made by Section 39.053,
Education Code, as amended by this Act, and Section 39.0531,
Education Code, as added by this Act, apply to accountability
ratings beginning with the 2027-2028 school year.
SECTION 37. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2025.