| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the use of artificial intelligence to score certain |
|
|
portions of assessment instruments administered to public school |
|
|
students. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 39.023, Education Code, is amended by |
|
|
adding Subsections (q) and (r) to read as follows: |
|
|
(q) Except as provided by Subsection (r), the agency shall |
|
|
prohibit the use of artificial intelligence, including an |
|
|
artificial intelligence-based algorithm, algorithmic device, |
|
|
automated scoring engine, or any scoring method that uses |
|
|
artificial intelligence in part, to score a constructed response on |
|
|
an assessment instrument administered under this section or an |
|
|
assessment system developed under Section 39.027(e). This |
|
|
subsection does not prohibit the use of a machine to score a |
|
|
multiple choice response. |
|
|
(r) A scoring method otherwise prohibited by Subsection (q) |
|
|
may be used to score a constructed response described by that |
|
|
subsection if the scoring method: |
|
|
(1) was trained on representative samples of |
|
|
constructed responses that include the responses of students who |
|
|
are: |
|
|
(A) educationally disadvantaged; |
|
|
(B) emergent bilingual students, as defined by |
|
|
Section 29.052; or |
|
|
(C) eligible to enroll in a school district's |
|
|
special education program under Subchapter A, Chapter 29; |
|
|
(2) demonstrates scoring validity and reliability at |
|
|
levels consistent with industry-accepted standards for automated |
|
|
machine or hybrid automated machine scoring methods, including |
|
|
standards established by the National Assessment of Educational |
|
|
Progress; and |
|
|
(3) has been evaluated by a qualified independent |
|
|
entity, unaffiliated with the agency, an advisory group of the |
|
|
agency, or any entity involved in the development of the scoring |
|
|
method and the entity certifies that the scoring method: |
|
|
(A) is valid and reliable in scoring constructed |
|
|
responses; |
|
|
(B) does not demonstrate any measurable bias |
|
|
against a student described by Subdivision (1); and |
|
|
(C) meets all applicable psychometric standards |
|
|
for the scoring of assessment instruments. |
|
|
SECTION 2. This Act applies beginning with the 2025-2026 |
|
|
school year. |
|
|
SECTION 3. 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. |