HB 4

By: Buckley, et al.
  H.B. No. 4
      (Senate Sponsor - Bettencourt, et al.)
         (In the Senate - Received from the House May 14, 2025;
  May 14, 2025, read first time and referred to Committee on
  Education K-16; May 25, 2025, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 8, Nays 1;
  May 25, 2025, sent to printer.)
Click here to see the committee vote
  COMMITTEE SUBSTITUTE FOR H.B. No. 4
  By:  Middleton
  A BILL TO BE ENTITLED
  AN ACT
  relating to the assessment of public school students, public school
  accountability and actions, and proceedings challenging the
  operations of the public school system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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.  Section 7.057(d), Education Code, is amended to
  read as follows:
         (d)  A person aggrieved by an action of the agency or
  decision of the commissioner under this section may appeal to a
  district court in Travis County.  An appeal must be made by serving
  the commissioner with citation issued and served in the manner
  provided by law for civil suits.  The petition must state the action
  or decision from which the appeal is taken.  At trial, the court
  shall determine all issues of law and fact, except as provided by
  Section 33.081(g).
         SECTION 3.  Section 11.182(b), Education Code, is amended to
  read as follows:
         (b)  A board of trustees may determine whether to use the
  evaluation tool, except as required by Section 39A.002 [39.102(a)].
         SECTION 4.  The heading to Section 39.001, Education Code,
  is amended to read as follows:
         Sec. 39.001.  RULES; ACTION FOR DECLARATORY JUDGMENT.
         SECTION 5.  Section 39.001, Education Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  A school district or open-enrollment charter school
  must bring an action for declaratory judgment under Section
  2001.038, Government Code, challenging the validity or
  applicability of a rule adopted under this chapter or Chapter 39A
  not later than six months after the date the rule is adopted.
         SECTION 6.  Section 39.022, Education Code, is amended to
  read as follows:
         Sec. 39.022.  INSTRUCTIONALLY SUPPORTIVE ASSESSMENT SYSTEM 
  [PROGRAM].  (a)  The agency [State Board of Education by rule] shall
  create and implement a balanced and streamlined statewide
  assessment system for assessment instruments administered under
  this subchapter [program that is knowledge- and skills-based] to
  ensure school accountability for student achievement that:
               (1)  is aligned with the essential knowledge and skills
  adopted by the State Board of Education under Section 28.002;
               (2)  achieves the goals provided under Section 4.002;
  and
               (3)  prioritizes student learning.
         (b)  The agency [After adopting rules under this section, the
  State Board of Education] shall consider the importance of
  maintaining stability in the statewide assessment system [program]
  when modifying the system [adopting any subsequent modification of
  the rules].
         (c)  [(b)]  It is the policy of this state that the statewide
  assessment system [program] be designed to:
               (1)  provide assessment instruments that are as short
  as practicable; and
               (2)  minimize the disruption to the educational
  program.
         (d)  The assessment system implemented under this section
  must include:
               (1)  assessment instruments administered under
  Sections 39.023(a), (c), and (l);
               (2)  beginning-of-year and middle-of-year assessment
  instruments described by Section 39.023(o-1); and
               (3)  technical assistance and guidance to school
  districts and open-enrollment charter schools for implementing the
  assessment system, including assistance and guidance on:
                     (A)  implementing a comprehensive assessment
  strategy that:
                           (i)  improves student performance and
  promotes mastery of the essential knowledge and skills; and
                           (ii)  informs educators regarding
  assessment requirements; and
                     (B)  reducing the assessment burden on students
  and school personnel.
         SECTION 7.  Subchapter B, Chapter 39, Education Code, is
  amended by adding Section 39.0225 to read as follows:
         Sec. 39.0225.  TRANSITION OF ASSESSMENT SYSTEM.  (a)  The
  agency shall transition the system for assessment instruments
  administered under this subchapter to incorporate improvements
  identified in reports submitted under Section 39.0236(d).
         (b)  For purposes of making the transition under Subsection
  (a), the agency shall adopt or develop the following assessment
  instruments to be administered beginning no later than the
  2027-2028 school year:
               (1)  an end-of-year assessment instrument for each
  subject or course for each grade level subject to assessment under
  Section 39.023; and
               (2)  optional beginning-of-year and middle-of-year
  progress monitoring assessment instruments for each subject and
  grade level subject to assessment under Sections 39.023(a)(1)
  through (4).
         (c)  To the extent practicable, the end-of-year assessment
  instruments described by Subsection (b)(1) shall:
               (1)  be shorter than the assessment instruments
  administered during the 2024-2025 school year under Sections
  39.023(a), (c), and (l);
               (2)  be scheduled as close to the end of the school year
  as practicable;
               (3)  allow for results to be provided as quickly as
  practicable; and
               (4)  for a reading language arts assessment instrument,
  include open-ended questions that are:
                     (A)  administered separately; and
                     (B)  scored using a process that:
                           (i)  involves classroom teachers; and
                           (ii)  allows for a school district or
  open-enrollment charter school to submit student responses for
  rescoring.
         (d)  To the extent practicable, the progress monitoring
  assessment instruments described by Subsection (b)(2) shall:
               (1)  provide progress monitoring information related
  to essential knowledge and skills for the assessed subject to
  support instruction during the school year;
               (2)  be designed to be predictive of, without
  intervention, a student's performance on the applicable
  end-of-year assessment instrument; and
               (3)  serve as an optional and free benchmark assessment
  tool for school districts and open-enrollment charter schools.
         (e)  The agency shall provide technical assistance and
  guidance to school districts and open-enrollment charter schools as
  described by Section 39.022(d)(3) that, to the extent practicable,
  includes strategies for districts and schools to reduce assessment
  burdens not later than the beginning of the 2027-2028 school year.
         (f)  Students shall continue to be assessed under the
  preceding assessment program for assessment instruments
  administered under this subchapter until the applicable assessment
  instrument for a subject or course and grade level is replaced by an
  assessment instrument adopted or developed under this section.
         (g)  The agency shall conduct a performance comparison
  analysis between the assessment system adopted or developed under
  this section and the preceding assessment program for assessment
  instruments administered under this subchapter to establish
  roughly comparable standards for the issuance of performance
  ratings under Section 39.054 for the school year the system adopted
  or developed under this section is implemented.
         (h)  This section expires September 1, 2028.
         SECTION 8.  Section 39.023, Education Code, is amended by
  amending Subsections (a-11), (c), (c-3), (c-8), (e), (g), (i), (l),
  and (o) and adding Subsection (o-1) to read as follows:
         (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 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)  The agency shall also adopt end-of-course assessment
  instruments for secondary-level courses in 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 agency [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 agency [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-3)  The agency shall adopt a schedule for the
  administration of assessment instruments under this section for
  each school year and, to the extent practicable, provide the
  schedule to each school district and open-enrollment charter school
  two years before the school year to which the schedule applies.  To
  the extent practicable and for the purpose of mitigating local
  scheduling conflicts, including University Interscholastic League
  athletic competitions, the schedule adopted under this section must
  establish testing windows for the administration of each assessment
  instrument and allow a district or school to administer an
  assessment instrument on any date selected by the district or
  school that falls within the testing window for the instrument
  [Except as provided by Subsection (c-7) or (c-10) or as otherwise
  provided by this subsection, in adopting a schedule for the
  administration of assessment instruments under this section, the
  State Board of Education shall ensure that assessment instruments
  administered under Subsection (a) or (c) are not administered on
  the first instructional day of a week.  On request by a school
  district or open-enrollment charter school, the commissioner may
  allow the district or school to administer an assessment instrument
  required under Subsection (a) or (c) on the first instructional day
  of a week if administering the assessment instrument on another
  instructional day would result in a significant administrative
  burden due to specific local conditions].
         (c-8)  At least 25 [Beginning with the 2022-2023 school year,
  not more than 75] percent of the available points on an assessment
  instrument developed under Subsection (a) or (c) must [may] be
  attributable to questions that are not presented in a multiple
  choice format.
         (e)  Under rules adopted by the agency [State Board of
  Education], every third year, the agency shall release the
  questions and answer keys to each assessment instrument
  administered under Subsection (a), (b), (c), (d), or (l), excluding
  any assessment instrument administered to a student for the purpose
  of retaking the assessment instrument, 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 shall
  also release[, under board rule,] each question that is no longer
  being field-tested and that was not used to compute a student's
  score.  During the 2014-2015 and 2015-2016 school years, the agency
  shall release the questions and answer keys to assessment
  instruments as described by this subsection each year.
         (g)  The agency [State Board of Education] may adopt one
  appropriate, nationally recognized, norm-referenced assessment
  instrument in reading 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.
         (i)  The provisions of this section, except Subsection (d),
  are subject to modification by rules adopted under Section 39.001 
  [39.022].  Each assessment instrument adopted 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.
         (o)  The agency shall adopt or develop optional interim
  assessment instruments for each [subject or] course [for each grade
  level] subject to an end-of-course assessment under this section.  
  A school district or open-enrollment charter school may [not be
  required to] administer to students enrolled at the district or
  school interim assessment instruments adopted or developed under
  this subsection.  An interim assessment instrument:
               (1)  must be:
                     (A)  when possible, predictive of the
  end-of-course assessment instrument for the applicable [subject
  or] course [for that grade level] required under this section; and
                     (B)  administered electronically; and
               (2)  may not be used for accountability purposes.
         (o-1)  The agency shall adopt or develop optional
  beginning-of-year and middle-of-year progress monitoring
  assessment instruments for each subject and grade level subject to
  assessment under Sections 39.023(a)(1) through (4).  A school
  district or open-enrollment charter school may administer to
  students enrolled at the district or school progress monitoring
  assessment instruments adopted or developed under this subsection.  
  A progress monitoring assessment instrument must:
               (1)  provide to the district or school administering
  the assessment instrument information regarding student
  proficiency in the essential knowledge and skills for the assessed
  subject to support instruction during the school year; and
               (2)  be designed to be predictive of, without
  intervention, a student's performance on the applicable
  end-of-year assessment instrument.
         SECTION 9.  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 agency [State Board of Education] for
  the administration of assessment instruments required under
  Section 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 10.  Section 39.026, Education Code, is amended to
  read as follows:
         Sec. 39.026.  LOCAL OPTION.  In addition to the assessment
  instruments adopted and administered by the agency [and
  administered by the State Board of Education], a school district
  may, subject to Section 39.0263, adopt and administer
  criterion-referenced or norm-referenced assessment instruments, or
  both, at any grade level.  A norm-referenced assessment instrument
  adopted under this section must be economical, nationally
  recognized, and state-approved.
         SECTION 11.  The heading to Section 39.0263, Education Code,
  is amended to read as follows:
         Sec. 39.0263.  ADMINISTRATION OF DISTRICT-REQUIRED OR
  CAMPUS-REQUIRED BENCHMARK ASSESSMENT INSTRUMENTS [TO PREPARE
  STUDENTS FOR STATE-ADMINISTERED ASSESSMENT INSTRUMENTS].
         SECTION 12.  Section 39.0263, Education Code, is amended by
  amending Subsections (a), (b), and (c) and adding Subsection (e) to
  read as follows:
         (a)  In this section, "benchmark assessment instrument"
  means a district-required or campus-required assessment instrument
  that is administered to all or most students for a subject or course
  in a particular grade level and that is not curriculum-embedded,
  including an assessment instrument, such as a practice test or a
  nationally norm-referenced assessment instrument, designed to
  prepare students for a corresponding state-administered assessment
  instrument.
         (b)  Except as provided by Subsection (c), a school district
  or campus may not administer to any student more than two benchmark
  assessment instruments during a school year before the
  administration of an end-of-year [to prepare the student for a
  corresponding state-administered] assessment instrument.
         (c)  The prohibition prescribed by this section does not
  apply to:
               (1)  the administration of a college preparation
  assessment instrument, including the PSAT, the ACT-Plan, the SAT,
  or the ACT, an advanced placement test, or an international
  baccalaureate examination;
               (2) [, or]  an independent classroom examination
  designed or adopted and administered by a classroom teacher;
               (3)  a diagnostic assessment included in a screening or
  testing for dyslexia or a related disorder; or
               (4)  an assessment instrument required under state law,
  including under Chapter 28 or 29.
         (e)  If the agency determines that a school district or
  campus is in violation of this section, in addition to any
  enforcement actions or remedies available to the agency under other
  law, the agency may require the district or campus to receive
  technical assistance described by Section 39.022(d)(3).
         SECTION 13.  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 14.  Section 39.028, Education Code, is amended to
  read as follows:
         Sec. 39.028.  COMPARISON OF STATE RESULTS TO NATIONAL
  RESULTS.  The state assessment system [program] shall obtain
  nationally comparative results for the subject areas and grade
  levels for which criterion-referenced assessment instruments are
  adopted under Section 39.023.
         SECTION 15.  Section 39.029, Education Code, is amended to
  read as follows:
         Sec. 39.029.  MIGRATORY CHILDREN.  The agency [State Board
  of Education] by rule may provide alternate dates for the
  administration of the assessment instruments to a student who is a
  migratory child as defined by 20 U.S.C. Section 6399.  The alternate
  dates may be chosen following a consideration of migrant work
  patterns, and the dates selected may afford maximum opportunity for
  the students to be present when the assessment instruments are
  administered.
         SECTION 16.  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 17.  Sections 39.032(c-1) and (e), Education Code,
  are amended to read as follows:
         (c-1)  The standardization norms computed under Subsection
  (c) shall be:
               (1)  based on a national probability sample that meets
  accepted standards for educational and psychological testing; and
               (2)  updated at least every eight years using proven
  psychometric procedures approved by the agency [State Board of
  Education].
         (e)  The agency [State Board of Education] shall adopt rules
  for the implementation of this section and for the maintenance of
  the security of the contents of all assessment instruments.
         SECTION 18.  Section 39.054(b-1), Education Code, is
  transferred to Section 39.052, Education Code, redesignated as
  Section 39.052(b-1), Education Code, and amended to read as
  follows:
         (b-1)  Consideration of the effectiveness of district
  programs under Subsection (b)(2)(B) [Section 39.052(b)(2)(B)] or
  (C):
               (1)  must:
                     (A)  be based on data collected through the Public
  Education Information Management System (PEIMS) for purposes of
  accountability under this chapter; and
                     (B)  include the results of assessments required
  under Section 39.023; and
               (2)  may be based on the results of a special
  investigation conducted under Section 39.003.
         SECTION 19.  Section 39.053, Education Code, is amended by
  amending Subsections (a), (c), and (f) and adding Subsections
  (c-4), (f-1), (f-2), (f-3), and (f-4) to read as follows:
         (a)  The commissioner shall adopt a set of indicators of the
  quality of learning and achievement, including the indicators under
  Subsection (c).  The commissioner periodically shall review the
  indicators for the consideration of appropriate revisions and may,
  if the commissioner determines an indicator otherwise required
  under this subchapter is not valid or reliable, exclude the
  indicator from the set of indicators adopted under this section.
         (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 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; or
                                 (b)  by achieving a passing score set
  by the commissioner on the Armed Services Vocational Aptitude
  Battery Test and 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, 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)  The agency shall study the college, career, and
  military readiness indicators adopted under Subsection (c) to
  determine the correlation of each indicator with postsecondary
  success, including the correlation of industry certifications with
  wages and available jobs.  The value assigned to each indicator must
  be:
               (1)  based on the strength of the indicator's
  correlation with successful outcomes; and
               (2)  updated in accordance with Subsection (f-1).
         (f)  Annually, the commissioner shall define and may modify
  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, not later than the 15th year after the date the
  commissioner modifies the performance standards under Subsection
  (f-1), achieve 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 and on the National Assessment of
  Educational Progress or its successor assessment.
         (f-1)  Beginning with the indicators adopted for the
  2027-2028 school year and as required to meet the goals under
  Subsection (f), the commissioner shall increase the scores needed
  to achieve performance standards on indicators adopted under this
  subchapter only every fifth school year unless an indicator adopted
  under Subsection (c) requires adjustment before that school year to
  ensure consistency of performance standards.
         (f-2)  To the extent practicable, for each of the two school
  years preceding a school year the commissioner increases a score
  under Subsection (f-1), the commissioner shall report, in a manner
  that can be reviewed by school administrators, the overall
  performance of school districts and campuses under that increased
  score.
         (f-3)  In reporting the performance of school districts and
  campuses on indicators adopted under this subchapter for a school
  year in which the score needed to achieve performance standards on
  one or more of those indicators was increased under Subsection
  (f-1), the commissioner shall include in the report an
  informational report on the performance of districts and campuses
  during the preceding school year under the increased score.
         (f-4)  Notwithstanding Subsection (f), the commissioner may
  define state standards for an indicator adopted under this
  subchapter for multiple school years provided that the commissioner
  annually affirms that those standards are applicable to the current
  school year.  The commissioner is not required to adopt the
  affirmation described by this subsection by rule.
         SECTION 20.  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
  shall maintain a list of industry certifications that are eligible
  for purposes of Section 39.053(c)(1)(B)(v).  In developing the
  list, the agency shall consider the inventory of
  industry-recognized certifications developed under Section
  312.003, Labor Code.  The certifications 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.
         (b)  The agency shall review 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).
         (c)  If, after reviewing an industry certification under
  Subsection (b), the agency determines 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 agency shall, to the extent practicable, post on the agency's
  Internet website information regarding the removal of the
  certification not later than two years before the date the agency
  intends to remove the certification from the list.
         (d)  During the three years following an agency's
  determination under Subsection (c) 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 21.  Section 39.054, Education Code, is amended by
  amending Subsections (a), (a-3), (a-4), (a-5), and (b) and adding
  Subsections (a-6), (a-7), (c), and (d) to read as follows:
         (a)  Except as provided by Subsection (a-4), the
  commissioner shall adopt rules to evaluate school district and
  campus performance and, each school year, assign each district and
  campus an overall performance rating of A, B, C, D, or F.  In
  addition to the overall performance rating, each school year, the
  commissioner shall assign each district and campus a separate
  domain performance rating of A, B, C, D, or F for each domain under
  Section 39.053(c).  An overall or domain performance rating of A
  reflects exemplary performance.  An overall or domain performance
  rating of B reflects recognized performance.  An overall or domain
  performance rating of C reflects acceptable performance.  An
  overall or domain performance rating of D reflects performance that
  needs improvement.  An overall or domain performance rating of F
  reflects unacceptable performance.  A district may not receive an
  overall or domain performance rating of A if the district includes
  any campus with a corresponding overall or domain performance
  rating of D or F.  If a school district has been approved under
  Section 39.0544 to assign campus performance ratings and the
  commissioner has not assigned a campus an overall performance
  rating of D or F, the commissioner shall assign the campus an
  overall performance rating based on the school district assigned
  performance rating under Section 39.0544.
         (a-3)  Except as provided by Subsection (c), not [Not] later
  than August 15 of each year, the following information shall be made
  publicly available as provided by rules adopted under this  
  section:
               (1)  the performance ratings for each school district
  and campus; and
               (2)  if applicable, the number of consecutive school
  years of unacceptable performance ratings for each district and
  campus.
         (a-4)  Notwithstanding any other law and except as provided
  by Subsection (a-6), the commissioner may assign a school district
  or campus an overall performance rating of "Not Rated" if the
  commissioner determines that the assignment of a performance rating
  of A, B, C, D, or F would be inappropriate because:
               (1)  the district or campus is located in an area that
  is subject to a declaration of a state of disaster under Chapter
  418, Government Code, and due to the disaster, performance
  indicators for the district or campus are difficult to measure or
  evaluate and would not accurately reflect quality of learning and
  achievement for the district or campus;
               (2)  the district or campus has experienced breaches or
  other failures in data integrity to the extent that accurate
  analysis of data regarding performance indicators is not possible;
               (3)  the number of students enrolled in the district or
  campus is insufficient to accurately evaluate the performance of
  the district or campus; or
               (4)  for other reasons outside the control of the
  district or campus, the performance indicators would not accurately
  reflect quality of learning and achievement for the district or
  campus.
         (a-5)  Notwithstanding any other law, an overall performance
  rating of "Not Rated" is not included in calculating consecutive
  school years of unacceptable performance ratings and is not
  considered a break in consecutive school years of unacceptable
  performance ratings for purposes of any provision of this code.  Any
  interventions or sanctions to which a school district or campus is
  subject under Chapter 39A shall continue during a period in which
  the district or campus is assigned an overall performance rating of
  "Not Rated."
         (a-6)  The commissioner may not assign an overall
  performance rating of "Not Rated" to all school districts or all
  campuses on a statewide basis.
         (a-7)  If the agency makes changes to the assessment system
  under Section 39.022 for assessment instruments administered under
  this subchapter that require new standards for issuing performance
  ratings under this section, the agency must conduct a performance
  comparison analysis between the system as changed and the preceding
  system to establish roughly comparable standards for issuing
  performance ratings.  Failure to conduct a performance comparison
  analysis as required under this subsection does not prevent the
  assignment of performance ratings under this section and may not be
  the basis of a challenge to a performance rating assigned under this
  section.
         (b)  For purposes of assigning school districts and campuses
  an overall and a domain performance rating under Subsection (a),
  the commissioner shall, to the extent practicable, ensure 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.
         (c)  The commissioner shall make the information under
  Subsection (a-3) available as soon as reasonably possible in years
  in which the standards are modified or recalibrated or in which a
  new assessment instrument is offered.
         (d)  Failure to assign a performance rating to a school
  district or campus before the deadline provided by Subsection (a-3)
  does not invalidate the performance rating assigned to the district
  or campus or any resulting intervention or sanction imposed on the
  district or campus.
         SECTION 22.  Section 39.0541, Education Code, is amended to
  read as follows:
         Sec. 39.0541.  ADOPTION OF INDICATORS AND STANDARDS.  The
  commissioner may adopt indicators and standards under this
  subchapter at any time [during a school year] before issuing the
  evaluation of a school district or campus.
         SECTION 23.  Section 39.0542, Education Code, is amended by
  amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (a)  The [Each 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.
         (d)  Failure to provide the document described by Subsection
  (a) does not prevent the assignment of performance ratings under
  Section 39.054 and may not be the basis of a challenge to a
  performance rating assigned under that section.
         SECTION 24.  Section 39.151(e), Education Code, is amended
  to read as follows:
         (e)  A school district or open-enrollment charter school may
  not challenge on any basis, including a lack of commissioner or
  agency authority, an agency decision relating to an academic or
  financial accountability rating under this chapter, including a
  decision relating to a determination of consecutive school years of
  unacceptable performance ratings, in another proceeding unless 
  [if] the district or school has exhausted the district's or school's
  remedies [had an opportunity to challenge the decision] under this
  section.
         SECTION 25.  Section 39.201(a), Education Code, is amended
  to read as follows:
         (a)  The [Not later than August 8 of each year, the]
  commissioner shall award distinction designations for outstanding
  performance as provided by this subchapter concurrently with the
  assignment of performance ratings under Section 39.054.  A
  distinction designation awarded to a district or campus under this
  subchapter shall be referenced directly in connection with the
  performance rating assigned to the district or campus and made
  publicly available together with the performance ratings as
  provided by rules adopted under Section 39.054 [39.054(a)].
         SECTION 26.  Subchapter H, Chapter 39, Education Code, is
  amended by adding Section 39.231 to read as follows:
         Sec. 39.231.  LOCAL ACCOUNTABILITY GRANT PROGRAM.  (a)  From
  money appropriated or otherwise available for the purpose, the
  agency shall establish a grant program with capacity to assist at
  least one school district per education service center region in
  developing a local accountability system that complies with the
  requirements of Section 39.0544.
         (b)  The commissioner shall adopt rules to implement this
  section.
         SECTION 27.  Section 39A.001, Education Code, is amended to
  read as follows:
         Sec. 39A.001.  GROUNDS FOR COMMISSIONER ACTION.  The
  commissioner shall take any of the actions authorized by this
  subchapter to the extent the commissioner determines necessary if:
               (1)  a school district does not satisfy:
                     (A)  the accreditation criteria under Section
  39.052;
                     (B)  the academic performance standards under
  Section 39.053 or 39.054; or
                     (C)  any financial accountability standard as
  determined by commissioner rule; [or]
               (2)  the commissioner considers the action to be
  appropriate on the basis of a special investigation under Section
  39.003; or
               (3)  a school district initiates or maintains an action
  or proceeding against the state or an agency or officer of the
  state.
         SECTION 28.  Subchapter A, Chapter 39A, Education Code, is
  amended by adding Section 39A.008 to read as follows:
         Sec. 39A.008.  INTERVENTION RELATED TO SCHOOL DISTRICT OR
  OPEN-ENROLLMENT CHARTER SCHOOL ACTION OR PROCEEDING AGAINST STATE.  
  (a)  This section applies to a school district or open-enrollment
  charter school subject to commissioner action under Section
  39A.001(3).
         (b)  The commissioner may appoint a conservator to a school
  district or open-enrollment charter school to which this section
  applies.
         (c)  A conservator appointed under Subsection (b) shall
  require the school district or open-enrollment charter school to
  demonstrate, by a deadline established by the conservator, that the
  district or school is in compliance with Section 45.105(c-1).  If
  the conservator determines that the district or school is not in
  compliance with that section, the conservator shall order the
  district or school to withdraw from the action or proceeding.
         (d)  If a school district or open-enrollment charter school
  fails to comply with an order by a conservator appointed under
  Subsection (b) by the deadline established by the conservator, the
  commissioner may:
               (1)  for a school district, appoint a board of managers
  to oversee the operations of the district; or
               (2)  for an open-enrollment charter school, order
  reconstitution of the school's governing board.
         (e)  An action taken or decision made by the commissioner or
  a conservator under this section is final and not subject to appeal
  under Section 7.057, Chapter 39, or this chapter.
         SECTION 29.  Section 39A.107(c), Education Code, is amended
  to read as follows:
         (c)  If the commissioner does not approve a campus turnaround
  plan, the commissioner shall order:
               (1)  appointment of a board of managers to govern the
  school district as provided by Section 39A.202;
               (2)  alternative management of the campus;
               (3)  operation of the campus by an entity with which the
  school district contracts under Section 11.174; or
               (4) [(3)]  closure of the campus.
         SECTION 30.  Section 39A.108, Education Code, is amended to
  read as follows:
         Sec. 39A.108.  IMPLEMENTATION OF CAMPUS TURNAROUND PLAN.  
  Subject to Section 39A.110(a), following [Following] approval of a
  campus turnaround plan by the commissioner, the school district, in
  consultation with the campus intervention team, shall [may] take
  any actions needed to implement [prepare for the implementation of]
  the plan.
         SECTION 31.  Section 39A.110(a), Education Code, is amended
  to read as follows:
         (a)  If a campus for which a campus turnaround plan has been
  ordered under Section 39A.101 receives an acceptable performance
  rating subsequent to [for the school year following] the order, the
  [board of trustees of the] school district is no longer required to
  [may:
               [(1)]  implement the campus turnaround plan[;
               [(2)  implement a modified version of the campus
  turnaround plan; or
               [(3)  withdraw the campus turnaround plan].
         SECTION 32.  Subchapter Z, Chapter 39A, Education Code, is
  amended by adding Sections 39A.908 and 39A.909 to read as follows:
         Sec. 39A.908.  INTERVENTIONS AND SANCTIONS WHILE ASSIGNMENT
  OF PERFORMANCE RATINGS ENJOINED.  (a)  Notwithstanding any other
  law, during a period in which the agency is enjoined from assigning
  performance ratings to a school district, open-enrollment charter
  school, or district or school campus, any previously imposed
  interventions or sanctions to which the district, school, or campus
  is subject shall continue throughout that period.
         (b)  As soon as practicable after the dissolution of an
  injunction described by Subsection (a), the agency shall:
               (1)  assign performance ratings for each school year
  and to each school district, open-enrollment charter school, and
  district or school campus for which the agency was enjoined from
  assigning performance ratings; and
               (2)  as applicable, impose any appropriate
  interventions or sanctions authorized under this chapter based on
  the ratings assigned under Subdivision (1).
         (c)  Notwithstanding any other law, if the agency is
  permanently enjoined from assigning performance ratings to a school
  district, open-enrollment charter school, or district or school
  campus for a school year, the agency shall consider the district,
  school, or campus to have received a "Not Rated" rating for that
  school year for purposes of:
               (1)  calculating consecutive years of performance; and
               (2)  determining whether to impose an intervention or
  sanction authorized under this chapter.
         (d)  To ensure the expeditious implementation of
  interventions or sanctions under this chapter, the agency may
  modify or waive a deadline or time frame required by law or agency
  rule applicable to the assignment of performance ratings for a
  school year for which the agency was enjoined from assigning
  performance ratings.
         (e)  Except as provided by Subsection (f) and Section
  39A.909, the agency shall impose an intervention or sanction
  described by Subsection (b)(2) or (c)(2) as required by law unless
  the intervention or sanction, as determined by the commissioner:
               (1)  has been superseded by a subsequent intervention
  or sanction; or
               (2)  may be removed based on the subsequent performance
  of a school district, open-enrollment charter school, or district
  or school campus.
         (f)  The commissioner shall impose an intervention described
  by Section 12.115(c), 39A.004, or 39A.111, as applicable, on a
  school district, open-enrollment charter school, or district or
  school campus if the district, school, or campus would have been
  subject to commissioner action under the applicable section based
  on the performance rating of the district, school, or campus for a
  school year for which the agency was enjoined from assigning
  performance ratings, regardless of the performance of the district,
  school, or campus in a subsequent school year.
         (g)  Except as provided by Subsection (h), the commissioner
  shall revoke a charter holder's charter for an open-enrollment
  charter school for which the charter holder received a charter
  renewal based on the absence of a performance rating for a school
  year for which the agency was enjoined from assigning a performance
  rating if, after the assignment of performance ratings for that
  year, the charter would not have been renewed under Section
  12.1141(d), regardless of the performance of the school in a
  subsequent school year.
         (h)  Subsection (g) does not apply to a charter holder for
  which the agency has renewed the charter based on the charter holder
  entering into and meeting the requirements of a performance
  agreement with the agency.
         Sec. 39A.909.  INTERVENTIONS OR SANCTIONS RELATED TO
  2022-2023 OR 2023-2024 SCHOOL YEAR PERFORMANCE RATINGS.  (a)  The
  commissioner shall impose an intervention described by Section
  12.115(c), 39A.004, or 39A.111, as applicable, on a school
  district, open-enrollment charter school, or district or school
  campus if the district, school, or campus would have been subject to
  commissioner action under the applicable section based on the
  performance rating of the district, school, or campus for the
  2022-2023 or 2023-2024 school year, regardless of the performance
  of the district, school, or campus in a subsequent school year.
         (b)  The commissioner shall revoke a charter holder's
  charter for an open-enrollment charter school for which the charter
  holder received a charter renewal based on the absence of a
  performance rating for the 2022-2023 or 2023-2024 school year if,
  after the assignment of performance ratings for those years, the
  charter would not have been renewed under Section 12.1141(d),
  regardless of the performance of the school in a subsequent school
  year.
         SECTION 33.  Section 45.105(c-1), Education Code, is amended
  to read as follows:
         (c-1)  Notwithstanding any other law, federal, state, or
  local funding, including funding under Chapters 46, 48, and 49,
  [Funds described by Subsection (c)] may not be used to initiate or
  maintain any action or proceeding against the state or an agency or
  officer of the state, including an action or proceeding that
  includes a claim of ultra vires conduct [arising out of a decision,
  order, or determination that is final and unappealable under a
  provision of this code], except that funds may be used for an action
  or proceeding that is specifically authorized by a provision of
  this code or by Section 2001.038, Government Code [a rule adopted
  under this code and that results in a final and unappealable
  decision, order, or determination].
         SECTION 34.  Section 22A.001(a), Government Code, is amended
  to read as follows:
         (a)  The attorney general may petition the chief justice of
  the supreme court to convene a special three-judge district court
  in any suit filed in a district court in this state in which this
  state or a state officer or agency is a defendant in a claim that:
               (1)  challenges the finances or operations of this
  state's public school system, including challenges to the
  implementation of the public school accountability system under
  Chapter 39, Education Code; or
               (2)  involves the apportionment of districts for the
  house of representatives, the senate, the State Board of Education,
  or the United States Congress, or state judicial districts.
         SECTION 35.  The heading to Section 312.003, Labor Code, is
  amended to read as follows:
         Sec. 312.003.  INVENTORY OF CERTIFICATIONS [CREDENTIALS AND
  CERTIFICATES].
         SECTION 36.  Sections 312.003(a), (b), (c), and (d), Labor
  Code, are amended to read as follows:
         (a)  The advisory council shall develop an inventory of
  industry-recognized certifications [credentials and certificates]
  that may be earned by a public high school student through a career
  and technology education program and that:
               (1)  are aligned to state and regional workforce needs;
  [and]
               (2)  serve as an entry point to middle- and high-wage
  jobs; and
               (3)  meet the requirements of Section 39.0531(a),
  Education Code.
         (b)  The inventory must include for each certification
  [credential or certificate]:
               (1)  the associated career cluster;
               (2)  the awarding entity;
               (3)  the level of education required and any additional
  requirements for the certification [credential or certificate];
               (4)  any fees for obtaining the certification
  [credential or certificate]; and
               (5)  the average wage or salary for jobs that require or
  prefer the certification [credential or certificate].
         (c)  In developing the inventory, the advisory council may
  consult with local workforce boards, the Texas Workforce Investment
  Council, the Texas Economic Development and Tourism Office, the
  Texas Education Agency, and the Texas Higher Education Coordinating
  Board.
         (d)  The advisory council shall establish a process for
  developing the inventory, including the criteria for the inclusion
  of a certification [credential or certificate] in the inventory.
         SECTION 37.  (a)  Section 15, Chapter 925 (S.B. 1566), Acts
  of the 85th Legislature, Regular Session, 2017, which amended
  Section 39.102(a), Education Code, is repealed.
         (b)  The following provisions of the Education Code are
  repealed:
               (1)  Section 33.0812;
               (2)  Sections 39.023(a-4), (c-7), and (c-10);
               (3)  Section 39A.106; and
               (4)  Section 39A.110(b).
         SECTION 38.  A rule of the State Board of Education under
  Sections 39.022, 39.029, and 39.032(e), 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 those
  sections as amended by this Act.
         SECTION 39.  The changes in law made by Sections
  39.023(a-11), 39.053(a), 39.054, 39.0541, and 39.0542, Education
  Code, as amended by this Act, apply to an action or determination
  related to public school accountability and accountability ratings
  beginning with the 2022-2023 school year, regardless of whether the
  action or determination occurred before, on, or after the effective
  date of this Act.
         SECTION 40.  Section 39.023(o-1), Education Code, as added
  by this Act, applies beginning with the 2027-2028 school year.
         SECTION 41.  The changes in law made by Section 39.053,
  Education Code, as amended by this Act, and Section 39.0531,
  Education Code, as added by this Act, apply to accountability
  ratings beginning with the 2027-2028 school year.
         SECTION 42.  The changes in law made by Sections 39A.108 and
  39A.110(a), Education Code, as amended by this Act, apply to a
  campus for which a campus turnaround plan has been ordered before,
  on, or after the effective date of this Act.
         SECTION 43.  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.
  * * * * *