89S11089 CMO-D
	By: Muñoz	H.B. No. 298

	A BILL TO BE ENTITLED
	relating to the implementation of an instructionally supportive
	assessment program and the adoption and administration of
	assessment instruments in public schools.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1. TRANSITION TO INSTRUCTIONALLY SUPPORTIVE ASSESSMENT
	PROGRAM
	SECTION 1.001.  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 agency [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 based on essential knowledge and skills adopted
	by the State Board of Education under Section 28.002 [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)  The agency [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 modifying the program
	[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; and
	(C)  education researchers for the purpose of
	comparing student academic achievement and learning progress data
	at the national and statewide levels;
	(2)  evaluate the achievement level and learning
	progress of each assessed student in reading language arts,
	mathematics, science, and social studies;
	(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, and state 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].
	(e)  Each school district and open-enrollment charter school
	shall administer assessment instruments as required under this
	chapter in accordance with the instructionally supportive
	assessment program.
	SECTION 1.002.  Subchapter B, Chapter 39, Education Code, is
	amended by adding Sections 39.0225 and 39.0226 to read as follows:
	Sec. 39.0225.  TRANSITION OF ASSESSMENT PROGRAM. (a)
	Except as otherwise provided by this section, not later than the
	beginning of the 2027-2028 school year, the agency shall transition
	the program for assessment instruments administered under this
	subchapter from the State of Texas Assessment of Academic Readiness
	(STAAR) assessment program to the instructionally supportive
	assessment program described by Section 39.022.
	(b)  The agency shall contract with a nationally recognized
	provider of assessment instruments for the purpose of making the
	transition described by Subsection (a).
	(c)  Students shall continue to be assessed under the State
	of Texas Assessment of Academic Readiness (STAAR) assessment
	program until the instructionally supportive assessment program
	described by Section 39.022 is available beginning with the
	2027-2028 school year.
	(d)  During the 2025-2026, 2026-2027, and 2027-2028 school
	years, the agency, school districts, and open-enrollment charter
	schools shall conduct any field testing of questions for assessment
	instruments proposed to be adopted or developed under Section
	39.023 necessary to implement the transition under this section.
	(e)  Not later than February 15, 2027, the agency shall
	submit to the governor, the lieutenant governor, the speaker of the
	house of representatives, and the chairs of the standing
	legislative committees with primary jurisdiction over public
	school assessments a report regarding the status of the
	implementation of the instructionally supportive assessment
	program described by Section 39.022.
	(f)  This section expires September 1, 2029.
	Sec. 39.0226.  ASSESSMENT INSTRUMENT STUDY. (a) The
	commissioner shall enter into a memorandum of understanding with a
	public institution of higher education to conduct a study on items
	proposed to be included in an assessment instrument required to be
	administered under Section 39.023(a) under the instructionally
	supportive assessment program described by Section 39.022.  The
	study must determine whether, for each item that is designed to be
	on grade level, the item:
	(1)  is written at a reading level appropriate for
	students at that grade level; and
	(2)  includes only:
	(A)  passages, questions, answers, or other
	content aligned with the essential knowledge and skills adopted by
	the State Board of Education under Section 28.002 for the
	applicable subject for that grade level or a previous grade level;
	and
	(B)  passages written at a reading level not
	higher than that grade level.
	(b)  Not later than December 1, 2028, the commissioner shall
	submit to the legislature and the chairs of the standing
	legislative committees with primary jurisdiction over primary and
	secondary education a report that includes the results of the study
	conducted under Subsection (a).
	(c)  This section expires December 31, 2028.
	SECTION 1.003.  Section 39.023, Education Code, is amended
	by amending Subsections (a), (a-3), (c), (h), (i), and (l) and
	adding Subsection (q) to read as follows:
	(a)  In creating and implementing the instructionally
	supportive assessment program under Section 39.022, the [The]
	agency shall adopt or develop appropriate beginning-of-year,
	middle-of-year, and end-of-year [criterion-referenced] assessment
	instruments 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
	(5)  any other subject and grade required by federal
	law.
	(a-3)  The agency may not adopt or develop an [a
	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.
	(c)  The agency shall also adopt or develop end-of-course
	assessment instruments for secondary-level courses in Algebra I,
	biology, English I, English II, and United States history and
	provide for the availability of optional beginning-of-year and
	middle-of-year assessment instruments for those courses. 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).]
	(h)  The agency shall notify school districts and campuses of
	the results of assessment instruments administered under this
	section in accordance with the timeline provided by Section
	39.02301 [not later than the 21st day after the date the assessment
	instrument is administered]. The school district shall:
	(1)  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; and
	(2)  provide to the parent of a student enrolled in the
	district:
	(A)  the results of each assessment instrument
	administered under this section to the student; and
	(B)  instructions for accessing any online portal
	maintained by the agency that provides results of assessment
	instruments administered to the student.
	(i)  The provisions of this section and Section 39.02301[,
	except Subsection (d),] are subject to modification by rules
	adopted under Section 39.001 [39.022].  Each assessment instrument
	adopted or developed 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.
	(q)  The agency shall approve a list of alternative
	norm-referenced assessment instruments that meet the requirements
	of this subchapter and that a school district or open-enrollment
	charter school may administer in place of a beginning-of-year or
	middle-of-year assessment instrument adopted or developed under
	this section.  The agency shall:
	(1)  ensure the list approved under this subsection
	includes multiple alternative assessment instruments; and
	(2)  adopt a process by which a school district or
	open-enrollment charter school may submit to the agency an
	assessment instrument to be included on the list approved under
	this subsection.
	SECTION 1.004.  Subchapter B, Chapter 39, Education Code, is
	amended by adding Section 39.02301 to read as follows:
	Sec. 39.02301.  ADOPTION OR DEVELOPMENT AND ADMINISTRATION
	REQUIREMENTS FOR ASSESSMENT INSTRUMENTS.  (a)  An assessment
	instrument adopted or developed under Section 39.023 must:
	(1)  measure student performance in relation to the
	essential knowledge and skills adopted by the State Board of
	Education under Section 28.002 for the subject area and grade level
	being assessed;
	(2)  include items that have been evaluated for
	readability using research-based readability metrics approved by
	the agency in consultation with the advisory committees established
	under Section 39.02302;
	(3)  meet industry standards of validity and
	reliability;
	(4)  comply with applicable requirements under federal
	law, including peer review requirements; and
	(5)  be designed to report student academic growth,
	including by:
	(A)  reporting a student's norm-referenced growth
	based on a comparison of the student's performance on the
	assessment instrument to the student's performance on a previously
	administered assessment instrument, as applicable, to measure
	through-year growth;
	(B)  for an end-of-year or end-of-course
	assessment instrument, reporting year-over-year growth in student
	achievement; and
	(C)  for a beginning-of-year or middle-of-year
	assessment instrument, being adaptive to each student to measure
	and report individual student growth.
	(b)  Before an assessment instrument adopted or developed
	under Section 39.023(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)  Before an item may be included on an assessment
	instrument administered under Section 39.023 that was developed by
	the agency, the item must be reviewed and approved by a committee
	composed of teachers in this state. The agency shall form each
	committee by inviting a total of approximately 40 teachers
	representing each region of this state who teach the grade level and
	subject area assessed by the items under review to participate in
	the committee. For each proposed item, at least three-quarters of
	participating committee members must agree that:
	(1)  the item is aligned with the essential knowledge
	and skills adopted by the State Board of Education under Section
	28.002 for the applicable grade level and subject area;
	(2)  the item is appropriate for the grade level and
	subject area being assessed and is written at an appropriate
	reading level for the grade level being assessed;
	(3)  the item is free from bias and factual error; and
	(4)  students in the member's classroom would have an
	opportunity to learn the content included in the item before the
	administration of the applicable end-of-year or end-of-course
	assessment instrument.
	(d)  The writing portion of a reading language arts
	assessment instrument adopted or developed under Section 39.023
	must be designed to assess writing using open-ended questions that
	are:
	(1)  grade-level appropriate;
	(2)  administered separately; and
	(3)  scored using a process that:
	(A)  involves classroom teachers in setting
	grading standards; and
	(B)  allows for a school district or
	open-enrollment charter school to submit student responses for
	rescoring.
	(e)  For an end-of-year or end-of-course assessment
	instrument adopted or developed under Section 39.023, the agency
	shall adopt or develop criterion-referenced assessment instruments
	designed to assess and report student performance for, at minimum,
	each performance standard under Section 39.0241.
	(f)  In setting performance levels for a
	criterion-referenced assessment instrument adopted or developed
	under Subsection (e), the commissioner shall implement procedures
	to maintain the validity and reliability of the assessment
	instrument, including procedures for field testing items approved
	by the teacher committees described by Subsection (c).  Except as
	necessary to comply with college readiness recommendations made by
	the commissioner of higher education under Section 39.0241(a-1),
	the commissioner shall ensure the performance levels are set at
	levels consistent with performance levels set for previous school
	years, including by implementing procedures that equate the
	performance levels or by conducting standards-setting processes.
	(g)  On or before September 1 of each year, the commissioner
	shall make the following information available on the agency's
	Internet website for each criterion-referenced assessment
	instrument administered under Section 39.023(a), (c), or (l):
	(1)  the number of questions on the assessment
	instrument;
	(2)  the number of questions that must be answered
	correctly to achieve satisfactory performance as determined by the
	commissioner under Section 39.0241(a);
	(3)  the number of questions that must be answered
	correctly to achieve satisfactory performance under the college
	readiness performance standard as provided by Section 39.0241; and
	(4)  the corresponding scale scores.
	(h)  An assessment instrument adopted or developed under
	Section 39.023 must be designed to support accommodations for
	students in a special education program under Subchapter A, Chapter
	29.  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 accommodation is
	necessary in administering to the student an assessment instrument
	required under Section 39.023.
	(i)  The agency shall adopt a schedule for the administration
	of assessment instruments under Section 39.023 for each school year
	and provide the schedule to each school district and
	open-enrollment charter school two years before the school year to
	which the schedule applies.  The schedule must provide for the
	administration of an assessment instrument within an assessment
	administration schedule window in the following applicable range:
	(1)  for a beginning-of-year assessment instrument,
	between the fourth Monday in August and September 30;
	(2)  for a middle-of-year assessment instrument,
	between January 2 and February 21; and
	(3)  for an end-of-year assessment instrument, between
	May 1 and May 30, except that the writing portion of an end-of-year
	reading language arts assessment instrument must be administered
	between April 1 and April 15.
	(j)  An assessment instrument administered under Section
	39.023 may be administered in multiple parts over more than one day.
	The agency shall adopt procedures to reduce total administration
	time.
	(k)  An assessment instrument adopted or developed under
	Section 39.023 must be designed to minimize the impact on student
	instructional time so that:
	(1)  for each beginning-of-year or middle-of-year
	assessment instrument separately administered to students in
	grades three and four, 85 percent of students who do not require
	accommodations are expected to complete the assessment instrument
	within 60 minutes;
	(2)  for each beginning-of-year or middle-of-year
	assessment instrument separately administered to students in
	grades five through eight, 85 percent of students who do not require
	accommodations are expected to complete the assessment instrument
	within 75 minutes;
	(3)  for each end-of-year assessment instrument
	separately administered to students in grades three and four, 85
	percent of students who do not require accommodations are expected
	to complete the assessment instrument within 90 minutes; and
	(4)  for each end-of-year assessment instrument
	separately administered to students in grades five through eight,
	85 percent of students who do not require accommodations are
	expected to complete the assessment instrument within 105 minutes.
	(l)  The agency shall notify school districts and campuses of
	the results of assessment instruments administered under Section
	39.023 not later than two business days after the date the
	applicable administration schedule window under Subsection (i)
	closes. The results should include a diagnostic report for each
	student and recommendations for use by teachers and parents for
	practical and useful instructional strategies to better meet the
	individual needs of the student based on the student's performance
	on the assessment instrument.
	(m)  At least every third year, the agency shall release the
	questions and answer keys to each end-of-year and end-of-course
	assessment instrument administered under Section 39.023, excluding
	any assessment instrument administered to a student for the purpose
	of retaking the assessment instrument or a question on an
	assessment instrument that will be reused for other assessment
	instruments, 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 may defer releasing questions and answer
	keys as required by this subsection to the extent necessary to
	develop additional assessment instruments.
	SECTION 1.005.  Section 39.0263, Education Code, is amended
	by adding Subsection (c-1) to read as follows:
	(c-1)  The prohibition prescribed by this section does not
	apply to an assessment instrument administered during the 2027-2028
	or 2028-2029 school year that is under review but not yet approved
	by the agency for inclusion in the list of approved alternative
	beginning-of-year and middle-of-year assessment instruments under
	Section 39.023(q). This subsection expires September 1, 2029.
	SECTION 1.006.  Section 39.304, Education Code, is amended
	to read as follows:
	Sec. 39.304.  TEACHER REPORT CARD. [(a)] Each school
	district shall [prepare a report of the comparisons made under
	Section 39.034 and provided to the district under Section 39.302
	and] provide [the report at the beginning of the school year] to[:
	[(1)]  each teacher the information made available
	under Section 39.02301(l) for the current and previous school year
	for all students taught by the teacher[, including incoming
	students,] who were assessed on an assessment instrument under
	Section 39.023[; and
	[(2)  all students under Subdivision (1) who were
	provided instruction by that teacher in the subject for which the
	assessment instrument was administered under Section 39.023].
	[(b)  The report shall indicate whether the student
	performed satisfactorily or, if the student did not perform
	satisfactorily, whether the student met the standard for annual
	improvement under Section 39.034.]
	SECTION 1.007.  The following provisions of the Education
	Code are repealed:
	(1)  Sections 39.023(a-1), (a-4), (a-11), (a-12),
	(a-13), (a-14), (a-15), (a-16), (c-1), (c-3), (c-6), (c-7), (c-8),
	(c-10), (d), (e), (e-1), (f), (g), (o), and (p);
	(2)  Sections 39.025(a-1) and (a-3);
	(3)  Sections 39.034(c), (d), and (d-1);
	(4)  Section 39.302; and
	(5)  Section 39.303.
	ARTICLE 2. CONFORMING CHANGES AND CHANGES RELATED TO TRANSITION OF
	ASSESSMENT PROGRAM
	SECTION 2.001.  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 2.002.  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 2.003.  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 2.004.  Section 26.005, Education Code, is amended
	to read as follows:
	Sec. 26.005.  ACCESS TO STATE ASSESSMENTS. Except as
	provided by Section 39.02301(m) [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.
	SECTION 2.005.  Sections 28.0063(b) and (f), Education Code,
	as added by H.B. 2, Acts of the 89th Legislature, Regular Session,
	2025, are amended to read as follows:
	(b)  A reading or mathematics instrument adopted under
	Subsection (a) must:
	(1)  be based on scientific research concerning, as
	applicable:
	(A)  foundational literacy skills in reading
	development and comprehension; or
	(B)  foundational numeracy skills in mathematics;
	(2)  be capable of being administered at the beginning,
	middle, and end of the school year;
	(3)  be designed to assess the performance of students
	in, as applicable:
	(A)  the foundational literacy skills components
	of the essential knowledge and skills adopted under Section 28.002
	for language arts; or
	(B)  the foundational numeracy skills components
	of the essential knowledge and skills adopted under Section 28.002
	for mathematics;
	(4)  be capable of monitoring student progress in a
	manner that allows school district staff to identify specific
	foundational literacy or numeracy skills in need of targeted
	instruction;
	(5)  assess whether a student's skills identified as in
	need of targeted instruction indicate that the student is at risk,
	as determined by the agency, of not achieving satisfactory
	performance on the third grade reading language arts or mathematics
	assessment administered under Section 39.023;
	(6)  for a reading instrument for students in
	kindergarten and first grade, include the applicable elements and
	criteria to serve as the required screenings for dyslexia and
	related disorders under Section 38.003; and
	(7)  for a reading instrument, allow a school district
	to generate a report regarding a student's reading progress,
	including progress from previous administrations of the same
	instrument, that is clear and easy to understand that may be
	distributed to the student's parent in English, Spanish, or, to the
	extent practicable, any other language spoken by the parent.
	(f)  If the commissioner determines that a beginning-of-year
	or middle-of-year [an interim] assessment instrument adopted or
	developed under Section 39.023 [39.023(o)] provides the same
	intended outcomes as an instrument adopted or approved under this
	section, the commissioner may substitute that beginning-of-year or
	middle-of-year [interim] assessment instrument for an instrument
	adopted or approved under this section.
	SECTION 2.006.  Sections 28.0211(a-8) and (o), Education
	Code, are 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.
	(o)  This section does not require the administration of a
	fifth or eighth grade assessment instrument in a subject under
	Section 39.023(a) to a student enrolled in the fifth or eighth
	grade, as applicable, 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 Section
	39.023(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 or
	developed under Section 39.023(c) for the course.
	SECTION 2.007.  Section 28.023(c), Education Code, is
	amended to read as follows:
	(c)  A school district shall give a student in grade level
	six or above credit for a subject on the basis of an examination for
	credit in the subject approved by the board of trustees under
	Subsection (a) if the student scores in the 80th percentile or above
	on the examination or if the student achieves a score as provided by
	Subsection (c-1). If a student is given credit in a subject on the
	basis of an examination, the district shall enter the examination
	score on the student's transcript and the student is not required to
	take an end-of-course assessment instrument adopted or developed
	under Section 39.023(c) for that subject.
	SECTION 2.008.  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 criterion-referenced tests and
	the results of a subjective teacher evaluation.
	SECTION 2.009.  Section 29.1543(a), Education Code, as added
	by H.B. 2, Acts of the 89th Legislature, Regular Session, 2025, is
	amended to read as follows:
	(a)  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 reading instruments
	administered in accordance with Section 28.006(c-2);
	(3)  the number of students who were administered a
	reading instrument administered in accordance with Section
	28.006(c-2);
	(4)  the number of students whose scores from a reading
	instrument administered in accordance with Section 28.006(c-2)
	indicate kindergarten readiness in reading;
	(5)  the number of kindergarten students who were
	enrolled in a prekindergarten program, including a program offered
	through a partnership under Section 29.153, in the previous school
	years 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 a reading instrument adopted under Section
	28.006;
	(B)  whether the student attended prekindergarten
	in the district, including a program offered through a partnership
	under Section 29.153; and
	(C)  the type of prekindergarten the student
	attended, if applicable;
	(8)  the information described by Subdivisions (6) and
	(7) disaggregated by whether the student is educationally
	disadvantaged; and
	(9)  the number of students identified as having a
	vision disorder or other vision problem requiring vision care under
	the screening program described by Section 36.004, Health and
	Safety Code, disaggregated by:
	(A)  grade level;
	(B)  gender;
	(C)  race;
	(D)  ethnicity;
	(E)  the student's status as educationally
	disadvantaged;
	(F)  the number of times the student was
	previously identified as having a vision disorder or other vision
	problem;
	(G)  the identified vision disorder or problem;
	and
	(H)  the type of screening equipment used for the
	screening.
	SECTION 2.010.  Sections 39.02342(a) and (b), Education
	Code, are amended to read as follows:
	(a)  Subject to Subsection (c) and notwithstanding Section
	39.023, a school district may administer in paper format a
	nonadaptive assessment instrument adopted or developed by the
	agency as a substitute for an assessment instrument required under
	Section 39.023(a), (c), or (l) [in paper format] to any student
	whose parent, guardian, or teacher in the applicable subject area
	requests the assessment instrument be administered to the student
	in paper format.
	(b)  A request for the administration of an assessment
	instrument in paper format to a student under this section must be
	submitted to the school district not later than a reasonable date as
	determined by the agency, which must be not later than the 60th day
	before the date the applicable assessment administration schedule
	window under Section 39.02301(i) closes[:
	[(1)  for a fall administration of an assessment
	instrument, not later than September 15 of the school year in which
	the assessment instrument will be administered; and
	[(2)  for a spring administration of an assessment
	instrument, not later than December 1 of the school year in which
	the assessment instrument will be administered].
	SECTION 2.011.  Section 39.0236, Education Code, is amended
	by adding Subsection (e) to read as follows:
	(e)  The agency shall implement the pilot program
	established under this section beginning with the 2028-2029 school
	year. This subsection expires September 1, 2029.
	SECTION 2.012.  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 State Board of Education for the
	administration of] assessment administration schedule window
	[instruments required] under Section 39.02301(i) [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 2.013.  Sections 39.025(b), (e-1), and (f),
	Education Code, are amended to read as follows:
	(b)  Each time an end-of-course assessment instrument
	adopted or developed under Section 39.023(c) is administered, a
	student who failed to achieve a score requirement under Subsection
	(a) may retake the assessment instrument. A student is not required
	to retake a course as a condition of retaking an end-of-course
	assessment instrument.
	(e-1)  Nothing in this section has the effect of prohibiting
	the administration of an end-of-course assessment instrument
	listed in Section 39.023(c) to a student enrolled below the high
	school level who is enrolled in the course for which the assessment
	instrument is adopted or developed. The commissioner shall adopt
	rules necessary to ensure that the student's performance on the
	assessment instrument is considered in the same manner for purposes
	of this section as the performance of a student enrolled at the high
	school level.
	(f)  The commissioner shall by rule adopt a transition plan
	to implement the amendments made by Chapter 1312 (S.B. No. 1031),
	Acts of the 80th Legislature, Regular Session, 2007, replacing
	general subject assessment instruments administered at the high
	school level with end-of-course assessment instruments. The rules
	must provide for the end-of-course assessment instruments adopted
	or developed under Section 39.023(c) to be administered beginning
	with students enrolled in the ninth grade for the first time during
	the 2011-2012 school year. During the period under which the
	transition to end-of-course assessment instruments is made:
	(1)  for students entering a grade above the ninth
	grade during the 2011-2012 school year or students repeating ninth
	grade during the 2011-2012 school year, the commissioner shall
	retain, administer, and use for purposes of accreditation and other
	campus and district accountability measures under this chapter the
	assessment instruments required by Section 39.023(a) or (c), as
	that section existed before amendment by Chapter 1312 (S.B.
	No. 1031), Acts of the 80th Legislature, Regular Session, 2007; and
	(2)  a student subject to Subdivision (1) may not
	receive a high school diploma unless the student has performed
	satisfactorily on the SAT, the ACT, the Texas Success Initiative
	(TSI) diagnostic assessment, or the current assessment instrument
	or instruments administered for graduation purposes as provided by
	Subsection (f-1) or on each required assessment instrument
	administered under Section 39.023(c), as that section existed
	before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th
	Legislature, Regular Session, 2007.
	SECTION 2.014.  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 2.015.  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 2.016.  Section 39.031, Education Code, is amended
	to read as follows:
	Sec. 39.031.  COST. The cost of preparing, administering,
	or grading the assessment instruments and releasing the question
	and answer keys under Section 39.02301(m) [39.023(e)] shall be paid
	from amounts appropriated to the agency.
	SECTION 2.017.  Section 39.035(a), Education Code, is
	amended to read as follows:
	(a)  Subject to Subsection (b), the agency may conduct field
	testing of questions for any assessment instrument administered
	under Section 39.023(a), (b), (c), [(d),] or (l) that is separate
	from the administration of the assessment instrument not more
	frequently than every other school year.
	SECTION 2.018.  Section 39.053(c), Education Code, is
	amended 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; 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 enlist in the armed
	forces of the United States or the Texas National Guard;
	(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.
	SECTION 2.019.  Section 39.202, Education Code, as amended
	by S.B. 1418, Acts of the 89th Legislature, Regular Session, 2025,
	is amended to read as follows:
	Sec. 39.202.  ACADEMIC DISTINCTION DESIGNATION FOR
	DISTRICTS AND CAMPUSES. The commissioner by rule shall establish
	an academic distinction designation for districts and campuses for
	outstanding performance in attainment of postsecondary readiness.
	The commissioner shall adopt criteria for the designation under
	this section, including:
	(1)  percentages of students who:
	(A)  performed satisfactorily, as determined
	under the college readiness performance standard under Section
	39.0241, on assessment instruments required under Section
	39.023(a), (b), (c), or (l), aggregated across grade levels by
	subject area; or
	(B)  met the standard for annual improvement, as
	determined by the agency [under Section 39.034], on assessment
	instruments required under Section 39.023(a), (b), (c), or (l),
	aggregated across grade levels by subject area, for students who
	did not perform satisfactorily as described by Paragraph (A);
	(2)  percentages of:
	(A)  students who earned a nationally or
	internationally recognized business or industry certification or
	license;
	(B)  students who completed a coherent sequence of
	career and technical courses;
	(C)  students who completed a dual credit course
	or an articulated postsecondary course provided for local credit;
	(D)  students who achieved applicable College
	Readiness Benchmarks or the equivalent on the PSAT, the SAT, the
	ACT, or the PreACT assessment program; and
	(E)  students who received a score on either an
	advanced placement test or an international baccalaureate
	examination to be awarded college credit; and
	(3)  other factors for determining sufficient student
	attainment of postsecondary readiness.
	SECTION 2.020.  Section 39.203(a), Education Code, is
	amended to read as follows:
	(a)  The commissioner shall award a campus a distinction
	designation for outstanding performance in improvement in student
	achievement if the campus is ranked in the top 25 percent of
	campuses in the state in annual improvement in student achievement
	as determined by the commissioner [under Section 39.034].
	SECTION 2.021.  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 2.022.  Effective September 1, 2026, Section
	48.317(c), Education Code, as added by H.B. 2, Acts of the 89th
	Legislature, Regular Session, 2025, and effective September 1,
	2026, is amended to read as follows:
	(c)  Subject to Subsection (d), beginning with the 2030-2031
	school year, the agency shall reduce the school district's
	entitlement under this chapter each school year by the total amount
	of grant money received by a student under Subsection (a) for each
	student who:
	(1)  fails to perform satisfactorily on the third grade
	reading language arts assessment instrument administered under
	Section 39.023(a);
	(2)  received and used a grant under Section 28.02111;
	and
	(3)  was enrolled in the district from kindergarten
	through third grade.
	SECTION 2.023.  The following provisions of the Education
	Code are repealed:
	(1)  Section 33.0812;
	(2)  Section 39.029; and
	(3)  Section 39.032.
	ARTICLE 3. TRANSITION AND EFFECTIVE DATE
	SECTION 3.001.  A rule of the State Board of Education under
	Section 39.022, 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 that section as amended by this Act.
	SECTION 3.002.  (a) Section 39.023(i), Education Code, as
	amended by this Act, and the repeal by this Act of Sections
	39.023(c-3), (c-7), and (c-10), Education Code, apply beginning
	with the 2025-2026 school year.
	(b)  Except as otherwise provided by this Act, Sections
	7.056, 28.0063, 39.022, 39.023, 39.02342, 39.0263, 39.031, 39.035,
	39.053, 39.202, 39.203, and 39.304, Education Code, as amended by
	this Act, Section 39.02301, Education Code, as added by this Act,
	and the repeal by this Act of Sections 33.0812, 39.025(a-1) and
	(a-3), 39.029, 39.032, 39.034(c), (d), and (d-1), 39.302, and
	39.303, Education Code, apply beginning with the 2027-2028 school
	year.
	SECTION 3.003.  Except as otherwise provided by this Act,
	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 on the 91st day after the last day of the legislative
	session.