Relating to public school accountability, including the implementation of an instructionally supportive assessment program and the adoption and administration of assessment instruments in public schools, indicators of achievement and public school performance ratings under the public school accountability system, a grant program for school district local accountability plans, and actions challenging Texas Education Agency decisions related to public school accountability.

89(R) SB 1962 - House Committee Report version - Bill Text

89R31662 AMF-D

By: Bettencourt, et al.

S.B. No. 1962

(Buckley)

Substitute the following for S.B. No. 1962:
No.

A BILL TO BE ENTITLED

AN ACT

relating to public school accountability, including the

implementation of an instructionally supportive assessment program

and the adoption and administration of assessment instruments in

public schools, indicators of achievement and public school

performance ratings under the public school accountability system,

a grant program for school district local accountability plans, and

actions challenging Texas Education Agency decisions related to

public school accountability.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 11.185(b), Education Code, is amended to

read as follows:

(b) Each plan adopted under Subsection (a) must:

(1) identify annual goals for students in each group

evaluated under the closing the gaps domain under Section

39.053(c)(3);

(2) include annual goals for aggregate student growth

on the third grade reading
language arts
or mathematics assessment

instrument, as applicable, administered under Section 39.023 or on

an alternative assessment instrument determined by the board of

trustees;

(3) provide for targeted professional development for

classroom teachers in kindergarten or first, second, or third grade

who are assigned to campuses that the board of trustees identifies

as not meeting the plan's goals;

(4) assign at least one district-level administrator

or employee of the regional education service center for the

district's region to:

(A) coordinate implementation of the plan; and

(B) submit an annual report to the board of

trustees on the district's progress toward the goals set under the

plan; and

(5) be reviewed annually by the board of trustees at a

public meeting.

SECTION 2. Section 21.4552(c), Education Code, is amended

to read as follows:

(c) The commissioner shall adopt criteria for selecting

teachers who may attend a literacy achievement academy. In

adopting selection criteria under this subsection, the

commissioner shall:

(1) require a teacher to attend a literacy achievement

academy if the teacher provides instruction in reading,

mathematics, science, or social studies to students at the sixth,

seventh, or eighth grade level at a campus that fails to satisfy any

standard under Section 39.054(e) on the basis of student

performance on the reading
language arts
assessment instrument

administered under Section 39.023(a) to students in any grade level

at the campus;

(2) grant priority to teachers employed by a school

district at a campus at which 50 percent or more of the students

enrolled are educationally disadvantaged; and

(3) provide a process through which a teacher not

employed at a campus described by Subdivision (2) may attend the

academy if the academy has available space and the school district

employing the teacher pays the costs of the teacher's attendance.

SECTION 3. Section 26.005, Education Code, is amended to

read as follows:

Sec. 26.005. ACCESS TO STATE ASSESSMENTS
AND ASSESSMENT

RESULTS
.
(a)
Except as provided by Section 39.023(e), a parent is

entitled to access to a copy of each state assessment instrument

administered under Section 39.023 to the parent's child.

(b)

The agency shall make available to a parent the results

of each state assessment instrument administered under Section

39.023 to the parent's child.

The results must be accessible by one

click from the home page of an Internet website maintained by the

agency.

Identifying information that is necessary to access a

child's results must:

(1) meet agency security protocols;

(2) be unique to the child; and

(3)

be under the control of the child's parent without

the need to secure additional information from a third party.

SECTION 4. Section 28.0211(a-8), Education Code, is amended

to read as follows:

(a-8) A school district may not be required to provide

supplemental instruction under Subsection (a-1)(2) to a student in

more than two subject areas per school year. If the district would

otherwise be required to provide supplemental instruction to a

student in more than two subject areas for a school year, the

district shall prioritize providing supplemental instruction to

the student in mathematics and reading
language arts
[
, or Algebra

I, English I, or English II, as applicable,
] for that school year.

SECTION 5. Section 29.056(g), Education Code, is amended to

read as follows:

(g) A district may transfer an emergent bilingual student

out of a bilingual education or special language program for the

first time or a subsequent time if the student is able to

participate equally in a regular all-English instructional program

as determined by:

(1) agency-approved tests administered at the end of

each school year to determine the extent to which the student has

developed oral and written language proficiency and specific

language skills in English;

(2) satisfactory performance on the reading
language

arts
assessment instrument under Section 39.023(a) or [
an English

language arts assessment instrument under Section
] 39.023(c), as

applicable, with the assessment instrument administered in

English, or, if the student is enrolled in the first or second

grade, an achievement score at or above the 40th percentile in the

reading and language arts sections of an English standardized test

approved by the agency; and

(3) agency-approved
norm-referenced or

criterion-referenced tests and the results of a subjective teacher

evaluation.

SECTION 6. Section 29.1543, Education Code, is amended to

read as follows:

Sec. 29.1543. EARLY EDUCATION REPORTS. The agency shall

produce and make available to the public on the agency's Internet

website annual district and campus-level reports containing

information from the previous school year on early education in

school districts and open-enrollment charter schools. A report

under this section must contain:

(1) the information required by Section 29.1532(c) to

be reported through the Public Education Information Management

System (PEIMS);

(2) a description of the diagnostic reading

instruments administered in accordance with Section 28.006(c) or

(c-2);

(3) the number of students who were administered a

diagnostic reading instrument administered in accordance with

Section 28.006(c) or (c-2);

(4) the number of students whose scores from a

diagnostic reading instrument administered in accordance with

Section 28.006(c) or (c-2) indicate reading proficiency;

(5) the number of kindergarten students who were

enrolled in a prekindergarten program in the previous school year

in the same district or school as the district or school in which

the student attends kindergarten;

(6) the number and percentage of students who perform

satisfactorily on the third grade reading
language arts
or

mathematics assessment instrument administered under Section

39.023, disaggregated by whether the student was eligible for free

prekindergarten under Section 29.153;

(7) the number of students described by Subdivision

(6) who attended kindergarten in the district, disaggregated by:

(A) whether the student met the kindergarten

readiness standard on the reading instrument adopted under Section

28.006;

(B) whether the student attended prekindergarten

in the district; and

(C) the type of prekindergarten the student

attended, if applicable; and

(8) the information described by Subdivisions (6) and

(7) disaggregated by whether the student is educationally

disadvantaged.

SECTION 7. Section 39.022, Education Code, is amended to

read as follows:

Sec. 39.022.
INSTRUCTIONALLY SUPPORTIVE
ASSESSMENT

PROGRAM. (a)
To ensure school accountability for student

achievement that achieves the goals provided under Section 4.002,

the
[
The
] State Board of Education by rule shall create and

implement
an instructionally supportive
[
a
] statewide assessment

program that
:

(1) provides for progress monitoring;

(2) is balanced, innovative, and streamlined; and

(3)
is knowledge- and skills-based [
to ensure school

accountability for student achievement that achieves the goals

provided under Section 4.002
].

(b)

The primary objective of an instructionally supportive

assessment program created and implemented under this section is to

benefit the students of this state.

(c)
After adopting rules under this section, the State Board

of Education shall consider the importance of maintaining stability

in the
instructionally supportive
[
statewide
] assessment program

when adopting any subsequent modification of the rules.

(d)
[
(b)
] It is the policy of this state that the

instructionally supportive
[
statewide
] assessment program be

designed to:

(1)
provide information regarding student academic

achievement and learning progress to:

(A)

public schools for the purpose of improving

student instruction
[
provide assessment instruments that are as

short as practicable
];

(B)

students, parents, and teachers for the

purpose of guiding learning objectives;

(C)

education researchers for the purpose of

comparing student academic achievement and learning progress data

at the national and statewide levels; and

(D)

the public for the purpose of allowing the

public to assess the costs and benefits of using public money for

the assessment program;

(2)

evaluate the achievement level and learning

progress of each assessed student in reading language arts,

mathematics, and science;

(3)

provide information to the agency for the purpose

of making decisions regarding public school accountability, campus

recognition, and the improvement of public school operations and

management;

(4)

identify the educational strengths and needs of

individual students and the readiness of those students to be

promoted to the next grade level or to graduate from high school;

(5)

assess whether educational goals and curricular

standards are being met at the campus, district, state, and

national levels;

(6)

provide information to help evaluate and develop

educational programs and policies; and

(7)

provide instructional staff with immediate,

actionable, and useful information regarding student achievement

of standards and benchmarks that may be used to improve the staff's

delivery of student instruction
[
and

[
(2)

minimize the disruption to the educational

program
].

SECTION 8. Section 39.023, Education Code, is amended by

amending Subsections (a), (a-1), (a-2), (a-3), (a-11), (a-12),

(a-13), (b), (b-1), (c), (c-1), (c-8), (g), (h), and (n) and adding

Subsections (a-5), (a-10), (o-1), (q), and (r) to read as follows:

(a)
In creating and implementing the instructionally

supportive assessment program under Section 39.022, the
[
The
]

agency shall adopt
nationally norm-referenced
[
or develop

appropriate criterion-referenced
] assessment instruments
that are

capable of being administered at the beginning, middle, and end of

the school year and
designed to assess essential knowledge and

skills in reading
language arts
, mathematics, [
social studies,
] and

science. Except as provided by Subsection (a-2), all students,

other than students assessed under Subsection (b) or (l) or

exempted under Section 39.027, shall be assessed in:

(1) mathematics, annually in grades three through

eight;

(2) reading
language arts
, annually in grades three

through eight;

(3) [
social studies, in grade eight;

[
(4)
] science, in grades five and eight; and

(4)
[
(5)
] any other subject and grade required by

federal law.

(a-1)
An
[
The agency shall develop
] assessment
instrument

adopted
[
instruments required
] under Subsection (a)
must provide

for the assessment of students
in a manner that [
allows, to the

extent practicable
]:

(1)
ensures
the score a student receives
provides
[
to

provide
] reliable information relating to a student's satisfactory

performance for each performance standard under Section 39.0241;

[
and
]

(2)
allows for
an appropriate range of performances to

serve as a valid indication of growth in student achievement
;

(3)

focuses primarily on supporting excellent

instruction, while also providing essential summative information

that fulfills applicable federal requirements;

(4)

consists only of questions written at the

appropriate reading level for the applicable grade level, as

determined by Lexile measures or another research-based

readability metric approved by the agency in coordination with the

advisory committees established under Section 39.02302;

(5)

does not require a student to complete a separate,

standalone essay or extended constructed response component;

(6)

for a reading language arts assessment, assesses

writing skills through questions integrated within the context of

the overall assessment;

(7)

is adaptive to each student-appropriate

measurement of individual student performance and growth;

(8)

provides, not later than 24 hours after the date

the assessment instrument is administered, detailed diagnostic

reports of individual student results that include recommendations

based on a student's performance on the assessment instrument for

teachers and parents regarding practical and useful instructional

strategies to better meet the individual needs of the student;

(9)

for a beginning-of-year or middle-of-year

assessment instrument, includes instructional growth projections

for individual students based on each student's results; and

(10) for an end-of-year assessment:

(A)

measures student performance in relation to

state curriculum standards and a student's annual through-year

instructional growth;

(B)

fulfills the state's public school

accountability plan for purposes of satisfying federal public

school accountability requirements;

(C)

provides valid, reliable, and useful

results; and

(D)

complies with applicable peer review

requirements under federal law
.

(a-2) Except as required by federal law, a student is not

required to be assessed in a subject otherwise assessed at the

student's grade level under Subsection (a) if the student:

(1) is enrolled in a course in the subject intended for

students above the student's grade level and will be administered

an assessment instrument adopted [
or developed
] under Subsection

(a) that aligns with the curriculum for the course in which the

student is enrolled; or

(2) is enrolled in a course in the subject for which

the student will receive high school academic credit and will be

administered an end-of-course assessment instrument adopted under

Subsection (c) for the course.

(a-3) The agency may not adopt or develop a
nationally

norm-referenced or
criterion-referenced assessment instrument

under this section based on common core state standards as defined

by Section 28.002(b-1). This subsection does not prohibit the use

of college advanced placement tests or international baccalaureate

examinations as those terms are defined by Section 28.051.

(a-5)

The agency shall annually review and validate the

readability of each item on an assessment instrument adopted under

Subsection (a) to confirm alignment of the item with grade-level

expectations and ensure that the item accurately measures student

mastery of essential knowledge and skills without introducing undue

complexity that is not related to the assessed standard.

(a-10)

An assessment instrument adopted under Subsection

(a) must be administered as closely as possible to the following

schedule:

(1)

for a beginning-of-year assessment instrument,

between October 1 and October 31;

(2)

for a middle-of-year assessment instrument,

between January 13 and February 21; and

(3)

for an end-of-year assessment instrument, between

May 15 and May 30.

(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 an

entity that is independent of the agency and of any other entity

that developed the assessment instrument.

(a-12) An assessment instrument adopted [
or developed
]

under Subsection (a)
must be designed to minimize the impact on

student instructional time
[
may not have more than three parts. A

part of an assessment instrument must be designed
] so that:

(1)
for a beginning-of-year or middle-of-year

assessment instrument
[
if
] administered to students in grades three

and four, 85 percent of students
are expected
[
will be able
] to

complete
the assessment instrument
[
that part
] within 60 minutes;

[
and
]

(2)
for a beginning-of-year or middle-of-year

assessment instrument
[
if
] administered to students in grades five

through eight, 85 percent of students
are expected
[
will be able
] to

complete
the assessment instrument
[
that part
] within 75 minutes
;

and

(3)

for an end-of-year assessment instrument

administered to students in grades three through eight, 85 percent

of students are expected to complete the assessment instrument

within 90 minutes
.

(a-13) The amount of time allowed for administration of an

assessment instrument
in reading language arts, mathematics, or

science
adopted [
or developed
] under Subsection (a) may not exceed

six
[
eight
] hours, and the administration may occur in multiple

parts over more than one day.

(b) The agency shall [
develop or
] adopt appropriate

nationally norm-referenced
[
criterion-referenced
] alternative

assessment instruments to be administered to each student in a

special education program under Subchapter A, Chapter 29, for whom

an assessment instrument adopted under Subsection (a), even with

allowable accommodations, would not provide an appropriate measure

of student achievement, as determined by the student's admission,

review, and dismissal committee[
, including assessment instruments

approved by the commissioner that measure growth
]. The assessment

instruments [
developed or
] adopted under this subsection[
,

including the assessment instruments approved by the

commissioner,
] must, to the extent allowed under federal law,

provide a district with options for the assessment of students

under this subsection. The agency may not adopt a performance

standard that indicates that a student's performance on the

alternate assessment does not meet standards if the lowest level of

the assessment accurately represents the student's developmental

level as determined by the student's admission, review, and

dismissal committee.

(b-1) The agency, in conjunction with appropriate

interested persons, shall redevelop assessment instruments adopted

[
or developed
] under Subsection (b) for administration to

significantly cognitively disabled students in a manner consistent

with federal law. An assessment instrument under this subsection

may not require a teacher to prepare tasks or materials for a

student who will be administered such an assessment instrument. A

classroom portfolio method used to assess writing performance may

require a teacher to prepare tasks and materials.

(c) The agency shall also adopt end-of-course assessment

instruments for secondary-level courses in
reading language arts,

mathematics, and science, for the purpose of complying with the

Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.), to be

administered only as necessary to meet the minimum requirements of

that law
[
Algebra I, biology, English I, English II, and United

States history. The Algebra I end-of-course assessment instrument

must be administered with the aid of technology, but may include one

or more parts that prohibit the use of technology. The English I and

English II end-of-course assessment instruments must each assess

essential knowledge and skills in both reading and writing and must

provide a single score
]. A school district shall comply with State

Board of Education rules regarding administration of the assessment

instruments listed in this subsection. If a student is in a special

education program under Subchapter A, Chapter 29, the student's

admission, review, and dismissal committee shall determine whether

any allowable modification is necessary in administering to the

student an assessment instrument required under this subsection.

The State Board of Education shall administer the assessment

instruments. An end-of-course assessment instrument may be

administered in multiple parts over more than one day. The State

Board of Education shall adopt a schedule for the administration of

end-of-course assessment instruments that complies with the

requirements of Subsection (c-3).

(c-1)
An
[
The agency shall develop any
] assessment

instrument
adopted by the agency
[
required
] under this section
must

allow
[
in a manner that allows
] for the measurement of annual

improvement in student achievement as required by Sections

39.034(c) and (d).

(c-8)
Not
[
Beginning with the 2022-2023 school year, not
]

more than
25
[
75
] percent of the available points on an assessment

instrument
adopted
[
developed
] under Subsection (a) or (c) may be

attributable to questions presented
as technology-enhanced or

constructed-response items
[
in a multiple choice format
].

(g) The State Board of Education may adopt one appropriate,

nationally recognized, norm-referenced assessment instrument in

reading
language arts
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.

(h) The agency shall notify school districts and campuses of

the results of
end-of-year and end-of-course
assessment

instruments administered under this section
and preliminary

academic accountability ratings assigned to the district and campus

by the agency based on those results
not later than the
14th
[
21st
]

day after the date the
applicable end-of-year or end-of-course

assessment instrument is administered. The school district shall

disclose to each district teacher the results of assessment

instruments administered to students taught by the teacher in the

subject for the school year in which the assessment instrument is

administered.

(n) This subsection applies only to a student who is

determined to have dyslexia or a related disorder and who is an

individual with a disability under 29 U.S.C. Section 705(20) and

its subsequent amendments. The agency shall adopt [
or develop
]

appropriate
norm-referenced
[
criterion-referenced
] assessment

instruments designed to assess the ability of and to be

administered to each student to whom this subsection applies for

whom the assessment instruments adopted under Subsection (a), even

with allowable modifications, would not provide an appropriate

measure of student achievement, as determined by the committee

established by the board of trustees of the district to determine

the placement of students with dyslexia or related disorders. The

committee shall determine whether any allowable modification is

necessary in administering to a student an assessment instrument

required under this subsection. The assessment instruments

required under this subsection shall be administered on the same

schedule as the assessment instruments administered under

Subsection (a).

(o-1)

The agency shall adopt the following optional

assessment instruments that a school district or open-enrollment

charter school may elect to administer:

(1)

an assessment instrument in social studies for

students in grade eight; and

(2)

an end-of-course assessment instrument for United

States history.

(q)

If there is a conflict between this section and a

federal law or regulation, including the Every Student Succeeds Act

(20 U.S.C. Section 6301 et seq.), the agency shall seek a waiver

from the application of the conflicting federal law or regulation.

(r)

Notwithstanding any provision of this section or other

law, if changes to federal law or regulations, including the Every

Student Succeeds Act (20 U.S.C. Section 6301 et seq.), reduce the

number or frequency of assessment instruments required to be

administered to students, the State Board of Education shall adopt

rules reducing the number or frequency of assessment instruments

required to be administered to students under state law, and the

agency shall ensure that students are not required to be assessed in

subject areas or in grade levels that are no longer required to meet

the minimum requirements of the law.

SECTION 9. Subchapter B, Chapter 39, Education Code, is

amended by adding Section 39.02301 to read as follows:

Sec.

39.02301.

OPTIONAL USE OF WRITING PORTFOLIO

ASSESSMENT.

(a)

A school district may elect to use a writing

portfolio assessment to assess writing performance for students

enrolled in the district as an alternative to administering a

portion of a reading language arts assessment instrument under

Section 39.023(a) or reading language arts end-of-course

assessment instrument under Section 39.023(c) that is not presented

in a multiple choice format.

(b)

A school district that elects to use a writing portfolio

assessment under this section shall design the assessment in

consultation with a public or private institution of higher

education and submit the assessment to the agency for approval.

The

agency shall approve the assessment if the assessment is:

(1)

determined by the public or private institution of

higher education that consulted on the design of the assessment to

be valid and reliable; and

(2) designed to assess:

(A)

a student's mastery of the essential

knowledge and skills in writing through timed writing samples;

(B)

improvement of a student's writing skills

from the beginning of the school year to the end of the school year;

(C)

a student's ability to follow the writing

process from rough draft to final product; and

(D)

a student's ability to produce more than one

type of writing style.

(c)

A school district that elects to use a writing portfolio

assessment under this section may adopt a policy allowing the

assessment to be scored by a classroom teacher assigned to the same

campus as the student to whom the assessment is administered.

The

district may coordinate with the regional education service center

for the district's region in grading the assessments.

(d)

A school district that elects to use a writing portfolio

assessment under this section is not required to administer the

portion of a reading language arts assessment instrument under

Section 39.023(a) or reading language arts end-of-course

assessment instrument under Section 39.023(c) that is not presented

in a multiple choice format during the period the district is

administering the writing portfolio assessment.

The agency shall,

to the greatest extent practicable, apply cost savings that result

from the exemption under this subsection to offset the costs

accrued under this section.

(e)

The commissioner shall adopt rules as necessary to

implement this section.

SECTION 10. Section 39.0237, Education Code, is amended to

read as follows:

Sec. 39.0237. CONSIDERATION OF PREKINDERGARTEN
THROUGH

SECOND GRADE
ASSESSMENT INSTRUMENTS PROHIBITED. Performance on an

assessment instrument administered to students in prekindergarten
,

kindergarten, first grade, or second grade
may not be considered

for any purpose under this chapter or Chapter 39A.

SECTION 11. Sections 39.025(a-1) and (a-3), Education Code,

are amended to read as follows:

(a-1) A student enrolled in a college preparatory

mathematics or English language arts course under Section 28.014

who satisfies the Texas Success Initiative (TSI) college readiness

benchmarks prescribed by the Texas Higher Education Coordinating

Board under Section 51.334 on an assessment instrument designated

by the coordinating board under that section administered at the

end of the college preparatory mathematics or English language arts

course satisfies the requirements concerning and is exempt from the

administration of the
applicable mathematics or reading language

arts
[
Algebra I or the English I and English II
] end-of-course

assessment instruments[
, as applicable,
] as prescribed by Section

39.023(c), even if the student did not perform satisfactorily on a

previous administration of the applicable end-of-course assessment

instrument. A student who fails to perform satisfactorily on the

assessment instrument designated by the coordinating board under

Section 51.334 administered as provided by this subsection may

retake that assessment instrument for purposes of this subsection

or may take the appropriate end-of-course assessment instrument.

(a-3) A student who, after retaking an end-of-course

assessment instrument for
mathematics or reading language arts

[
Algebra I or English II
], has failed to perform satisfactorily as

required by Subsection (a), but who receives a score of proficient

on the Texas Success Initiative (TSI) diagnostic assessment for the

corresponding subject for which the student failed to perform

satisfactorily on the end-of-course assessment instrument

satisfies the requirement concerning the
mathematics or reading

language arts
[
Algebra I or English II
] end-of-course assessment,

as applicable.

SECTION 12. Section 39.027(e), Education Code, is amended

to read as follows:

(e) The commissioner shall
adopt a norm-referenced
[
develop

an
] assessment system that shall be used for evaluating the

academic progress, including reading proficiency in English, of all

emergent bilingual students, as defined by Section 29.052. A

student who is exempt from the administration of an assessment

instrument under Subsection (a)(1) or (2) who achieves reading

proficiency in English as determined by the assessment system

adopted
[
developed
] under this subsection shall be administered the

assessment instruments described by Sections 39.023(a) and (c).

The performance under the assessment system
adopted
[
developed
]

under this subsection of students to whom Subsection (a)(1) or (2)

applies shall be included in the indicator systems under Section

39.301, as applicable, the performance report under Section 39.306,

and the comprehensive biennial report under Section 39.332. This

information shall be provided in a manner that is disaggregated by

the bilingual education or special language program, if any, in

which the student is enrolled.

SECTION 13. Section 39.028, Education Code, is amended to

read as follows:

Sec. 39.028. COMPARISON OF STATE RESULTS TO NATIONAL

RESULTS. The state assessment program shall obtain nationally

comparative results for the subject areas and grade levels for

which
norm-referenced or
criterion-referenced assessment

instruments are adopted under Section 39.023.

SECTION 14. Subchapter C, Chapter 39, Education Code, is

amended by adding Sections 39.0511 and 39.0521 to read as follows:

Sec.

39.0511.

WAIVER REQUEST FOR CERTAIN FEDERAL

ACCOUNTABILITY-RELATED REQUIREMENTS.

(a) This section applies to

a school district campus in which at least 90 percent of the

students receive special education services under Subchapter A,

Chapter 29.

(b)

Not later than January 1, 2026, the commissioner shall

apply to the United States Department of Education for a waiver of

requirements under the Every Student Succeeds Act (20 U.S.C.

Section 6301 et seq.) related to the rate of participation in the

assessment program and high school graduation rates for each school

district campus to which this section applies.

(c) This section expires September 1, 2027.

Sec.

39.0521.

ASSIGNMENT OF PERFORMANCE RATINGS FOR

2025-2026 SCHOOL YEAR. (a)

Notwithstanding any other law, a

reference in this title to the overall performance rating assigned

to a district or campus under Section 39.054(a) or to a domain

performance rating assigned to a district or campus under that

subsection for the 2025-2026 school year means the higher of:

(1)

the overall performance rating or the applicable

domain performance rating the school district or campus received

for the 2024-2025 school year; or

(2)

the overall performance rating or the applicable

domain performance rating the school district or campus received

for the 2025-2026 school year.

(b) This section expires August 31, 2026.

SECTION 15. Section 39.053, Education Code, is amended by

amending Subsections (a), (c), and (f) and adding Subsections

(c-4), (c-5), and (f-1) to read as follows:

(a) The commissioner shall adopt
rules as necessary to

implement this section
[
a set of indicators of the quality of

learning and achievement, including the indicators under

Subsection (c)
]. The commissioner
may not modify
[
periodically

shall review
] the
domains or performance
indicators
adopted under

this subchapter unless the legislature provides written approval

for the modification
[
for the consideration of appropriate

revisions
].

(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
language arts
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;

(b)

by achieving a passing score, as

determined by the commissioner, on the Armed Services Vocational

Aptitude Battery test; or

(c)

by 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
annual through-year

instructional growth or
improvement
in reading language arts,

mathematics, and science
, as determined by the commissioner; and

(B) for evaluating relative performance, the

performance of districts and campuses compared to similar districts

or campuses; and

(3) in the closing the gaps domain, the use of

disaggregated data to demonstrate the differentials among students

from different racial and ethnic groups
and
[
,
] socioeconomic

backgrounds[
, and other factors, including:

[
(A)

students formerly receiving special

education services;

[
(B) students continuously enrolled; and

[
(C) students who are mobile
].

(c-4)

In addition to the indicators adopted under

Subsection (c), not later than the July 1 immediately preceding the

school year for which the district requests consideration of an

indicator described by this subsection, a school district may

submit a request to the agency to consider in the student

achievement domain or the school progress domain, as provided by

Section 39.054(a-1)(2), one or more of the following student

engagement and workforce development indicators for use in

evaluating the performance of campuses that serve students in

prekindergarten through eighth grade:

(1)

an indicator that accounts for the percentage of

students participating in school-sponsored extracurricular or

cocurricular student activities consistent with the findings of the

extracurricular and cocurricular student activity indicator study

required under Section 39.0533, as that section existed immediately

before September 1, 2023;

(2)

for campuses that serve students in

prekindergarten, an indicator that accounts for student

participation in full-day prekindergarten programs;

(3)

for campuses that serve students in kindergarten

through fifth grade, an indicator that accounts for teacher

completion rates of the literacy achievement academies and

mathematics achievement academies established under Sections

21.4552 and 21.4553;

(4)

an indicator that accounts for students in grades

six, seven, and eight who successfully complete a career and

technology course approved for purposes of the career and

technology education allotment under Section 48.106; and

(5)

an indicator that accounts for students who

successfully complete and receive credit for a course designated

for a grade higher than the grade in which the student is enrolled.

(c-5)

Not later than September 1 following the date a school

district submits a request under Subsection (c-4), the commissioner

shall notify the district regarding the commissioner's decision to

approve or deny the request.

(f)
Not later than July 15 of each year
[
Annually
], the

commissioner shall define
and adopt
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 achieve
, not later than the 15th

anniversary after the date the commissioner modifies the

performance standards under Subsection (f-1),
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
in comparison to states with similar

student demographics and public education enrollment rates
.

(f-1)

The commissioner may increase the scores needed to

achieve performance standards on indicators adopted under this

subchapter only every fifth school year. The commissioner shall

notify each school district of an increase in score under this

subsection not later than two school years before the school year in

which the agency intends to evaluate the performance of school

districts and campuses under that increased score.

SECTION 16. 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, Texas Higher Education Coordinating Board, and Texas

Workforce Commission shall jointly develop and make available a

list of industry certifications that are eligible for purposes of

Section 39.053(c)(1)(B)(v). In developing the list, the agencies

shall:

(1)

adhere to the requirements for inclusion in the

credential library established under Section 2308A.007, Government

Code; and

(2)

consider the inventory of industry-recognized

certifications developed under Section 312.003, Labor Code.

(b)

The industry certifications included in the list under

Subsection (a) 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.

(c)

The agency, Texas Higher Education Coordinating Board,

and Texas Workforce Commission shall regularly review and, if

necessary, update 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).

(d)

If, after reviewing an industry certification under

Subsection (c), the agency, Texas Higher Education Coordinating

Board, and Texas Workforce Commission jointly determine 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 agencies shall, to the extent

practicable, post on the agencies'

respective Internet websites

information regarding the removal of the certification not later

than two years before the date the agencies intend to remove the

certification from the list.

(e)

During the three years following a determination under

Subsection (d) 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 17. Section 39.054, Education Code, is amended by

amending Subsections (a-1) and (b) and adding Subsections (f) and

(g) to read as follows:

(a-1) For purposes of assigning an overall performance

rating for a district or campus under Subsection (a), the

commissioner shall:

(1) consider either the district's or campus's

performance rating under the student achievement domain under

Section 39.053(c)(1) or the school progress domain under Section

39.053(c)(2), whichever performance rating is higher, unless the

district or campus received a performance rating of F in either

domain, in which case the district or campus may not be assigned a

performance rating higher than a B for the composite for the two

domains; [
and
]

(2)
for campuses that serve students in

prekindergarten through eighth grade, attribute not less than 10

percent of the performance rating under the student achievement

domain under Section 39.053(c)(1) or the school progress domain

under Section 39.053(c)(2), whichever performance rating is

higher, to the student engagement and workforce development

indicators described by Section 39.053(c-4) and approved by the

commissioner under Section 39.053(c-5);

(3)
attribute not
more
[
less
] than
five
[
30
] percent

of the performance rating to the closing the gaps domain under

Section 39.053(c)(3)
;

(4)

for campuses that serve grades three through

eight:

(A)

attribute not less than 50 percent of the

domain performance rating for the student achievement domain under

Section 39.053(c)(1) to the indicators adopted under Section

39.053(c)(1)(A);

(B)

attribute 100 percent of the score for the

indicators adopted under Section 39.053(c)(1)(A) to student

performance on end-of-year assessment instruments and may not

consider the results of beginning-of-year and middle-of-year

assessment instruments when scoring those indicators; and

(C)

attribute 100 percent of the score for the

indicator adopted under Section 39.053(c)(2)(A) to student

performance on annual through-year instructional growth in

assigning the domain performance rating for the school progress

domain under Section 39.053(c)(2); and

(5)

for campuses that serve grades 9 through 12, for

the student achievement domain under Section 39.053(c)(1),

attribute not more than:

(A)

40 percent of the domain performance rating

to the indicators adopted under Section 39.053(c)(1)(A);

(B)

40 percent of the domain performance rating

to the college, career, and military readiness indicators adopted

under Section 39.053(c)(1)(B); and

(C)

20 percent of the domain performance rating

to graduation rates
.

(b) For purposes of assigning school districts and campuses

an overall and a domain performance rating under Subsection (a),

the commissioner shall ensure that
:

(1)

if the agency adds or removes an assessment

instrument on which student performance is evaluated for the

purpose of assigning district and campus performance ratings or

makes significant revisions to the state's assessment program, the

agency shall review, adjust, and recalculate the cut scores and

standards used in evaluating district and campus performance to

ensure fairness and consistency in the assignment of district and

campus performance ratings;

(2)

the overall performance rating and each domain

performance rating an elementary school, middle or junior high

school, or high school campus receives has minimal or no

statistical correlation to the percentage of educationally

disadvantaged students enrolled at the campus in order to identify

effective campuses regardless of student family income;

(3)

any changes made to the college, career, or

military readiness indicators adopted under Section

39.053(c)(1)(B) or to the methodology that relies on data from

those indicators for the preceding school year take effect

beginning with students entering ninth grade in the school year

immediately following the change, regardless of whether the change

was made statutorily or by commissioner rule;

(4)

a campus that is in the first year of operation,

that is assigned a new campus identification number, or that is

significantly impacted by demographic shifts due to rezoning,

closure, or consolidation is not evaluated in the closing the gaps

domain under Section 39.053(c)(3) for the first year following the

applicable event; and

(5)
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.

(f)

If the provisions of the Every Student Succeeds Act (20

U.S.C. Section 6301 et seq.) regarding public school accountability

and assessment requirements are repealed or otherwise no longer

have effect, the commissioner shall reallocate any percentage of

the overall performance ratings attributable to the indicators

adopted under Section 39.053(c)(3) to the student engagement and

workforce development indicators described by Section 39.053(c-4),

if applicable.

(g)

If the agency fails to assign a performance rating to a

school district or campus before the deadline established by

Subsection (a-3), the district or campus shall be automatically

reissued the performance rating assigned to the district or campus

for the preceding school year. A performance rating assigned under

this subsection remains in effect for all official purposes,

including any interventions or sanctions under Chapter 39A, until

the agency assigns the district or campus a new rating.

SECTION 18. Section 39.0541, Education Code, is amended to

read as follows:

Sec. 39.0541. ADOPTION OF [
INDICATORS AND
] STANDARDS.
(a)

The commissioner
shall
[
may
] adopt
performance
[
indicators and
]

standards under
Sections 39.0241 and 39.053(f) not later than the

July 15 immediately preceding the school year for which the

commissioner intends to assign school district and campus

performance ratings under Section 39.054 based on those standards.

If the commissioner does not adopt performance standards by the

date required under this subsection for a school year, district and

campus performance ratings for that school year shall be based on

the performance standards in effect for the preceding school year

[
this subchapter at any time during a school year before the

evaluation of a school district or campus
].

(b)

The commissioner may modify the standards, methods,

measures, or procedures used to evaluate school districts and

campuses and assign performance ratings on or after the date

described by Subsection (a) only with the express approval of the

legislature.

SECTION 19. Section 39.0542(a), Education Code, is amended

to read as follows:

(a)
Not later than July 15 of each
[
Each school
] year, the

commissioner shall provide each school district a document in a

simple, accessible format that explains the accountability

performance
standards adopted under Sections 39.0241 and 39.053(f)

for the following school year and the
measures, methods, and

procedures that will be applied for that school year in assigning

each school district and campus a performance rating under Section

39.054.

SECTION 20. Section 39.0544, Education Code, is amended by

adding Subsections (f) and (g) to read as follows:

(f)

From money appropriated or otherwise available for the

purpose, the agency shall establish a grant program to assist at

least one school district in each education service center region

in developing a local accountability plan that complies with the

requirements of this section.

(g)

The commissioner may adopt rules as necessary to

implement this section, including rules applying to a school

district applying for a grant under Subsection (f). If the

commissioner awards a grant to a district and has not adopted rules

applying to the district, the district may select and collaborate

with a third-party organization with expertise in assessment and

accountability to develop a local accountability plan.

SECTION 21. Subchapter F, Chapter 39, Education Code, is

amended by adding Section 39.152 to read as follows:

Sec.

39.152.

LIMITATION ON ACTIONS CHALLENGING CERTAIN

AGENCY DECISIONS; EXPEDITED APPEALS. (a)

A school district or

open-enrollment charter school may bring an action challenging a

decision that is made by the agency under this chapter and that is

based on the lawful exercise of discretion granted to the agency by

the legislature only if the district's or school's petition alleges

the agency's decision is unconstitutional, arbitrary, capricious,

or without lawful authority.

(b)

In an action brought by a school district or

open-enrollment charter school described by Subsection (a), a trial

court shall expedite the action and render a final order or judgment

not later than the 60th day after the date each defendant has filed

an answer or other pleading responsive to the petition. The trial

court may extend the time period within which the court must render

a final order or judgment under this subsection by not more than 30

additional days for good cause. The trial court may set deadlines

for discovery, briefing, trial, and all other proceedings necessary

to render a final order or judgment in accordance with this

subsection.

(c)

If a final order or judgment described by Subsection (b)

is appealed, the appellate court shall expedite the appeal and

render a final order or judgment not later than the 60th day after

the date the appeal is filed. The appellate court may extend the

time period within which the court must render a final order or

judgment under this subsection by not more than 30 additional days

for good cause. The appellate court may set deadlines for briefing,

oral argument, and all other proceedings necessary to render a

final order or judgment in accordance with this subsection.

(d)

A court may grant any appropriate relief to a prevailing

party in an action brought by a school district or open-enrollment

charter school described by Subsection (a).

SECTION 22. Section 39.203(c), Education Code, is amended

to read as follows:

(c) In addition to the distinction designations described

by Subsections (a) and (b), a campus that satisfies the criteria

developed under Section 39.204 shall be awarded a distinction

designation by the commissioner for outstanding performance in

academic achievement in
reading
[
English
] language arts,

mathematics,
or
science[
, or social studies
].

SECTION 23. Section 39A.064(a), Education Code, is amended

to read as follows:

(a) Notwithstanding [
Section 39A.0545(b) or
] any other law,

the commissioner may require a school district or open-enrollment

charter school to comply with all requirements of the strong

foundations grant program under Section 29.0881 at a campus that:

(1) includes students at any grade level from

prekindergarten through fifth grade;

(2) is assigned an overall performance rating of D or

F; and

(3) is in the bottom five percent of campuses in the

state based on student performance on the grade three reading

language arts
assessment administered under Section 39.023(a)

during the previous school year, as determined by the commissioner.

SECTION 24. Subchapter C, Chapter 39A, Education Code, is

amended by adding Section 39A.1111 to read as follows:

Sec.

39A.1111.

GRACE PERIOD FOR CERTAIN CAMPUSES. (a)

Notwithstanding Section 39A.111, the commissioner may not take

action under that section against a campus ordered to prepare and

submit a campus turnaround plan under Section 39A.101 during the

2024-2025 school year until the second anniversary of the date on

which the campus implements a campus turnaround plan.

(b) This section expires September 1, 2031.

SECTION 25. Section 2308A.007, Government Code, is amended

to read as follows:

Sec. 2308A.007. CREDENTIAL LIBRARY. (a) The coordinating

board and the commission jointly
shall
[
may
] establish a publicly

accessible web-based library of credentials, such as diplomas,

certificates, certifications, digital badges, apprenticeships,

licenses, or degrees, that are:

(1) delivered, issued, funded, or governed by the

state;

(2) aligned with recognized skills and industry

standards;

(3) available to residents of the state; and

(4) used by employers in the state.

(a-1)
The
[
A
] credential library established under this

section must
:

(1)
include
:

(A)
the information included in the electronic

tools or platforms developed by the coordinating board under

Section 61.09022(a), Education Code
; and

(B)

the list of industry certifications

developed under Section 39.0531, Education Code; and

(2)

ensure data interoperability between relevant

state agencies
.

(b) The coordinating board and the commission jointly
shall

[
may
] designate a host agency
to contract with an experienced and

recognized third-party vendor
[
or operating entity
] for
the
[
a
]

credential library established under this section.

(c) In establishing
the
[
a
] credential library under this

section, the coordinating board and the commission shall solicit

input from the agency and relevant stakeholders.

SECTION 26. Section 39.023(c-9), Education Code, is

repealed.

SECTION 27. Section 39.152, Education Code, as added by

this Act, applies to an action filed on or after September 1, 2025.

An action filed before September 1, 2025, is governed by the law in

effect on the date the action was filed, and the former law is

continued in effect for that purpose.

SECTION 28. Except as otherwise provided by this Act, this

Act applies beginning with the 2025-2026 school year.

SECTION 29. 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.