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A BILL TO BE ENTITLED
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AN ACT
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relating to eliminating certain state-required assessment |
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instruments and certain end-of-course assessment instruments not |
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required by federal law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.0211(a-8), Education Code, is amended |
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to read as follows: |
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(a-8) A school district may not be required to provide |
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supplemental instruction under Subsection (a-1)(2) to a student in |
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more than two subject areas per school year. If the district would |
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otherwise be required to provide supplemental instruction to a |
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student in more than two subject areas for a school year, the |
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district shall prioritize providing supplemental instruction to |
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the student in mathematics and reading[, or Algebra I, English I, or |
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English II, as applicable,] for that school year. |
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SECTION 2. Section 39.023, Education Code, is amended by |
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amending Subsections (a), (c), and (c-2) and adding Subsection (q) |
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to read as follows: |
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(a) The agency shall adopt or develop appropriate |
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criterion-referenced assessment instruments designed to assess |
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essential knowledge and skills in reading, mathematics, [social |
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studies,] and science. Except as provided by Subsection (a-2), all |
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students, other than students assessed under Subsection (b) or (l) |
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or exempted under Section 39.027, shall be assessed in: |
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(1) mathematics, annually in grades three through |
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eight; |
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(2) reading, annually in grades three through eight; |
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(3) [social studies, in grade eight; |
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[(4)] science, in grades five and eight; and |
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(4) [(5)] any other subject and grade required by |
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federal law. |
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(c) The agency shall also adopt end-of-course assessment |
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instruments for secondary-level courses in reading, mathematics, |
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and science only as necessary to comply with the Every Student |
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Succeeds Act (20 U.S.C. Section 6301 et seq.) to be administered |
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only as necessary to meet the minimum requirements of that Act |
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[Algebra I, biology, English I, English II, and United States |
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history. The Algebra I end-of-course assessment instrument must |
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be administered with the aid of technology, but may include one or |
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more parts that prohibit the use of technology. The English I and |
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English II end-of-course assessment instruments must each assess |
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essential knowledge and skills in both reading and writing and must |
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provide a single score]. A school district shall comply with State |
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Board of Education rules regarding administration of the assessment |
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instruments adopted under [listed in] this subsection. If a |
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student is in a special education program under Subchapter A, |
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Chapter 29, the student's admission, review, and dismissal |
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committee shall determine whether any allowable modification is |
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necessary in administering to the student an assessment instrument |
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required under this subsection. The State Board of Education shall |
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administer the assessment instruments. An end-of-course |
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assessment instrument may be administered in multiple parts over |
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more than one day. The State Board of Education shall adopt a |
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schedule for the administration of end-of-course assessment |
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instruments that complies with the requirements of Subsection |
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(c-3). |
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(c-2) The agency may adopt end-of-course assessment |
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instruments for courses for which end-of-course assessment |
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instruments are not adopted under [not listed in] Subsection |
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(c). A student's performance on an end-of-course assessment |
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instrument adopted under this subsection is not subject to the |
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performance requirements established under Subsection (c) or |
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Section 39.025. |
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(q) Notwithstanding any provision of this section or other |
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law, if changes made to the Every Student Succeeds Act (20 U.S.C. |
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Section 6301 et seq.) reduce the number or frequency of assessment |
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instruments required to be administered to students, the State |
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Board of Education shall adopt rules reducing the number or |
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frequency of assessment instruments administered to students under |
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state law, and the commissioner shall ensure that students are not |
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assessed in subject areas or in grades that are no longer required |
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to meet the minimum requirements of that Act. |
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SECTION 3. Sections 39.025(a-1) and (a-3), Education Code, |
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are amended to read as follows: |
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(a-1) A student enrolled in a college preparatory |
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mathematics or English language arts course under Section 28.014 |
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who satisfies the Texas Success Initiative (TSI) college readiness |
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benchmarks prescribed by the Texas Higher Education Coordinating |
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Board under Section 51.334 on an assessment instrument designated |
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by the coordinating board under that section administered at the |
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end of the college preparatory mathematics or English language arts |
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course satisfies the requirements concerning and is exempt from the |
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administration of the mathematics or reading [Algebra I or the |
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English I and English II] end-of-course assessment instrument |
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[instruments], as applicable, [as prescribed by Section |
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39.023(c),] even if the student did not perform satisfactorily on a |
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previous administration of the applicable end-of-course assessment |
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instrument. A student who fails to perform satisfactorily on the |
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assessment instrument designated by the coordinating board under |
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Section 51.334 administered as provided by this subsection may |
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retake that assessment instrument for purposes of this subsection |
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or may take the appropriate end-of-course assessment instrument. |
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(a-3) A student who, after retaking an end-of-course |
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assessment instrument for mathematics [Algebra I] or reading |
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[English II], has failed to perform satisfactorily as required by |
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Subsection (a), but who receives a score of proficient on the Texas |
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Success Initiative (TSI) diagnostic assessment for the |
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corresponding subject for which the student failed to perform |
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satisfactorily on the end-of-course assessment instrument |
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satisfies the requirement concerning the mathematics [Algebra I] or |
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reading [English II] end-of-course assessment, as applicable. |
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SECTION 4. Section 39.203(c), Education Code, is amended to |
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read as follows: |
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(c) In addition to the distinction designations described |
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by Subsections (a) and (b), a campus that satisfies the criteria |
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developed under Section 39.204 shall be awarded a distinction |
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designation by the commissioner for outstanding performance in |
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academic achievement in reading [English language arts], |
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mathematics, or science[, or social studies]. |
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SECTION 5. Section 39.023(c-9), Education Code, is |
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repealed. |
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SECTION 6. This Act applies beginning with the 2025-2026 |
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school year. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |