By: Bernal H.B. No. 5353

A BILL TO BE ENTITLED

AN ACT

relating to the administration of certain assessment instruments and the accountability rating system for assessing campus and district performance.

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

SECTION 1. Section 39.023, Education Code, is amended by amending Subsections (a), (c), and (c-2) and adding Subsections (q) and (r) to read as follows:

(a) The agency shall adopt or develop appropriate criterion-referencednationally norm-referenced assessment instruments designed to assess essential knowledge and skills in reading, 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, 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.

(c) The agency shall also adopt Texas Success Initiative assessments or nationally norm-referenced [end-of-course] assessment instruments, such as the SAT or ACT, for secondary-level courses in reading, mathematics, and science only as necessary to comply 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 Act [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 adopted under [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-2) The agency may adopt [end-of-course] assessment instruments for courses for which assessment instruments are not adopted under [not listed in] Subsection (c). A student's performance on an [end-of-course] assessment instrument adopted under this subsection is not subject to the performance requirements established under Subsection (c) or Section 39.025.

(q) Notwithstanding any provision of this section or other law, if changes made to 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 administered to students under state law, and the commissioner shall ensure that students are not assessed in subject areas or in grades that are no longer required to meet the minimum requirements of that Act.

(r) If the commissioner determines that a waiver or authorization from the United States Department of Education is necessary for Texas Success Initiative assessments to be designated as the state's high school test under the Every Student Succeeds Act in this subsection, the commissioner shall conduct any technical studies necessary to ensure compliance with federal guidelines and request the waiver or authorization until the waiver or authorization is granted.

SECTION 2. Section 39.025(a) and (a-1), Education Code, are amended to read as follows:

(a) The commissioner shall adopt rules requiring a student in the foundation high school program under Section 28.025 to be administered an [end-of-course] assessment instrument listed in Section 39.023(c) only for a course in which the student is enrolled and for which an [end-of-course] assessment instrument is administered. A student is required to achieve a scale score that indicates satisfactory performance, as determined by the commissioner under Section 39.0241(a), on each [end-of-course] assessment instrument administered to the student. For each scale score required under this subsection that is not based on a 100-point scale scoring system, the commissioner shall provide for conversion, in accordance with commissioner rule, of the scale score to an equivalent score based on a 100-point scale scoring system. A student may not receive a high school diploma until the student has performed satisfactorily on end-of-course assessment instruments in the manner provided under this subsection demonstrates College, Career, or Military Readiness as defined under Section 39.053(c)(1)(B). This subsection does not require a student to demonstrate readiness to enroll in an institution of higher education.

(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 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 mathematics or reading [Algebra I or the English I and English II] [end-of-course] assessment instrument [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 [end-of-course] assessment instrument.

SECTION 3. Subchapter C, Chapter 39, Education Code, is amended by adding Section 39.0521 to read as follows:

Sec. 39.0521. TEMPORARY PROVISION: ASSIGNMENT OF PERFORMANCE RATINGS AND SCORING OF ASSESSMENT INSTRUMENTS. (a) Notwithstanding any other law, for the 2022-2023,2023-2024, AND 2024-2025 school years, the commissioner shall use the cut points, scaling, targets, indicators, standards, procedures, criteria, and calculations prescribed by the 2022 Accountability Manual, adopted under 19 T.A.C. Section 97.1001, as that rule existed on August 15, 2023, to:

(1) evaluate school district and campus performance and assign each district and campus a performance rating; and

(2) score assessment instruments administered under Subchapter B.

(b) If the commissioner determines that a waiver or authorization from the United States Department of Education is necessary for the implementation of this subsection, the commissioner shall request the waiver or authorization util the waiver or authorization is granted.

(c) This section expires August 31, 2026.

SECTION 4. Section 39.053, Education Code, is amended by amending Subsections (c) and (c-2) and adding Subsections (c-4) and (c-5) to read as follows:

Section 39.053, Education Code, is amended by amending Subsections (c) and (c-2) and adding Subsections (c-4) and (c-5) to read as follows:

(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;

(iii) an indicator that accounts for extracurricular and cocurricular student success;

(iv) an indicator that accounts for successful completion of middle school career and technology education courses; and

(v) an indicator that accounts for middle school student success in accelerated mathematics; 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 by:

(a) enlisting [enlist] in the armed forces of the United States or the Texas National Guard;

(b) achieving a passing score set by the applicable military branch on the Armed Services Vocational Aptitude Battery test; or

(c) 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 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) Notwithstanding any other provision of this section, an indicator adopted under Subsection (c) may not be included in determining the performance rating of a school district or campus under Section 39.054 unless it has been determined to be valid and reliable by the commissioner and through a peer review process.

(c-5) Beginning with the 2027-2028 school year, in calculating the performance of a campus providing instruction in grades three through eight in the student achievement domain under Subsection (c)(1):

(1) indicators adopted under Subsections (c)(1)(A)(i) and (ii) may not collectively contribute more than 80 percent of a score assigned to the campus; and

(2) indicators adopted under Subsections (c)(1)(A)(iii), (iv), and (v) may not collectively contribute more than 20 percent of the score assigned to the campus.

SECTION 5. Section 39.054(b), Education Code, is amended to read as follows:

(b) For purposes of assigning school districts and campuses an overall and a domain performance rating under Subsection (a), the commissioner shall ensure thatthe following:

(1) whenever the agency adds or removes assessments or makes significant revisions to the state's assessment program, the agency must review, adjust, and recalculate the accountability cut scores and standards to ensure fairness and consistency in campus and district ratings;

(2) each of the three domain ratings for elementary, middle, and high schools have a weak or no statistical correlation to the percentage of educationally disadvantaged students enrolled in order to identify effective schools regardless of family income;

(3) any high school college, career, or military readiness indicator or methodology changes, made either statutorily or through the commissioner's rulemaking authority, that rely on previous year data shall begin with the next incoming ninth grade class to ensure that these changes are not applied retroactively; and

(4) 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.

SECTION 6. Section 39.0541, Education Code, is amended to read as follows:

(a) As soon as practicable, the [The] commissioner mayshall adopt indicators and standards under this subchapter at any time during a school year before the evaluation of a school district or campusprior to the school year in which the indicators or standards are to be effective.

(b) The commissioner may not make changes to the indicators or standards adopted under this subchapter during the school year in which the adopted indicators or standards are effective.

SECTION 7. Section 39.0542(a), Education Code, is amended to read as follows:

(a) Each school year,Not later than July 15 and prior to the start of the new 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.

SECTION 8. 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 9. Section 39.023(c-9), Education Code, is repealed.

SECTION 10. This Act applies beginning with the 2025-2026 school year.

SECTION 11. 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.