SB 9

By: Bettencourt, et al. 
  S.B. No. 9
         (In the Senate - Filed August 15, 2025; August 15, 2025,
  read first time and referred to Committee on Finance;
  August 15, 2025, reported favorably by the following vote:  Yeas
  12, Nays 2; August 15, 2025, sent to printer.)
Click here to see the committee vote
  A BILL TO BE ENTITLED
  AN ACT
  relating to public school accountability and transparency,
  including the implementation of an instructionally supportive
  assessment program and the adoption and administration of
  assessment instruments in public schools, indicators of
  achievement, public school performance ratings, and interventions
  and sanctions under the public school accountability system, a
  grant program for school district local accountability plans, and
  actions challenging Texas Education Agency decisions related to
  public school accountability.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. TRANSITION TO INSTRUCTIONALLY SUPPORTIVE ASSESSMENT
  PROGRAM
         SECTION 1.001.  Section 26.005, Education Code, is amended
  to read as follows:
         Sec. 26.005.  ACCESS TO STATE ASSESSMENTS AND ASSESSMENT
  RESULTS.  (a)  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.
         (b)  The agency shall make available to a parent the results
  of each state assessment instrument administered under Section
  39.023 to the parent's child.  The results must be accessible by one
  click from the home page of an Internet website maintained by the
  agency.  Identifying information that is necessary to access a
  child's results must:
               (1)  meet agency security protocols;
               (2)  be unique to the child; and
               (3)  be under the control of the child's parent without
  the need to secure additional information from a third party.
         (c)  Each school district and open-enrollment charter school
  shall provide to a parent of a child enrolled at the district or
  school access to the Internet website described by Subsection (b)
  through a parent portal maintained by the district or school and
  notify the parent regarding that access each time the agency makes
  available the results of an assessment instrument administered to
  the parent's child.
         SECTION 1.002.  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 1.003.  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 1.004.  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 1.005.  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 1.006.  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 1.007.  Section 39.0263, Education Code, is amended
  by amending Subsections (a) and (b) and adding Subsection (c-1) 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 directly linked to
  instructional material recently covered in the classroom.  The term
  includes an assessment instrument designed to prepare students for
  a corresponding state-administered assessment instrument, such as:
               (1)  a practice test;
               (2)  a nationally norm-referenced assessment
  instrument;
               (3)  a district-created standards assessment; or
               (4)  a vendor-created assessment of state standards.
         (b)  Except as provided by Subsection (c), a school district
  or campus may not administer to any student:
               (1)  in grades three through eight, a benchmark
  assessment instrument other than an alternative assessment
  instrument under Section 39.023(q); and
               (2)  in a grade other than the grades described by
  Subdivision (1), more than two benchmark assessment instruments
  during a school year before the administration of an end-of-year or
  end-of-course [to prepare the student for a corresponding
  state-administered] assessment instrument.
         (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 1.008.  Section 39.0263(c), Education Code, as
  amended by S.B. 1418, Acts of the 89th Legislature, Regular
  Session, 2025, is amended to read as follows:
         (c)  The prohibition prescribed by this section does not
  apply to:
               (1)  the administration of a college preparation
  assessment instrument, including the PSAT, the PreACT, 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 or this chapter.
         SECTION 1.009.  Section 39.0301, Education Code, is amended
  by amending Subsection (a-1) and adding Subsection (a-2) to read as
  follows:
         (a-1)  In establishing procedures under Subsection (a)(1)
  for the administration of assessment instruments, the commissioner
  shall ensure that the procedures:
               (1)  are designed to minimize disruptions to school
  operations and the classroom environment; and 
               (2)  include instructions to help mitigate potential
  student test anxiety.
         (a-2)  In implementing the procedures established under
  Subsection (a)(1) for the administration of assessment
  instruments, a school district shall minimize disruptions to school
  operations and the classroom environment.
         SECTION 1.010.  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 1.011.  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)  Section 39.026;
               (3)  Section 39.0262;
               (4)  Sections 39.034(c), (d), and (d-1);
               (5)  Section 39.302; and
               (6)  Section 39.303.
  ARTICLE 2.  ACCOUNTABILITY AND INTERVENTIONS AND SANCTIONS
         SECTION 2.001.  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 2.002.  Section 39.053, Education Code, is amended
  by amending Subsections (a), (c), and (f) and adding Subsections
  (c-4), (c-5), (c-6), (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 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 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 based on recent passing scores set by the
  branches of the armed forces, 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 and[,] socioeconomic
  backgrounds[, and other factors, including:
                     [(A)  students formerly receiving special
  education services;
                     [(B)  students continuously enrolled; and
                     [(C)  students who are mobile].
         (c-4)  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).
         (c-5)  The agency shall develop a measure of student
  through-year instructional growth and improvement from the
  beginning of the school year through the end of the school year for
  evaluating the performance of campuses serving grade levels in
  which beginning-of-year and middle-of-year assessment instruments
  adopted or developed under Section 39.023 are required to be
  administered.
         (c-6)  Not later than the 2032-2033 school year, the
  commissioner shall present the measure described by Subsection
  (c-5) to the accountability advisory committee established under
  Section 39.0534 to consider the incorporation of the measure into
  the indicators described by Subsection (c)(2)(A) and in any other
  domain or indicator the commissioner considers relevant.  Not later
  than July 15, 2031, 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 accountability a report regarding
  the measure.  This subsection expires September 1, 2033.
         (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)  Not later than the 30th day before the date the
  commissioner adopts a rule modifying the performance standards
  under Subsection (f-1), the commissioner 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
  accountability a report that:
               (1)  identifies the performance standards being
  modified;
               (2)  includes a summary of the reasons for the
  modification of the performance standards;
               (3)  includes the expected impact of the modified
  performance standards on district and campus performance ratings;
  and
               (4)  includes information regarding the timeline for
  and a summary of stakeholder engagement during the development of
  the modified performance standards.
         (f-3)  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.  The agency shall provide
  copies of the report required under this subsection 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
  accountability.
         (f-4)  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.
         SECTION 2.003.  Subchapter C, Chapter 39, Education Code, is
  amended by adding Sections 39.0531, 39.0532, and 39.0534 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 consult with the Texas Workforce Commission
  and the Texas Higher Education Coordinating Board and consider the
  inventory of industry-recognized certifications developed under
  Section 312.003, Labor Code, and the credential library established
  under Section 2308A.007, Government 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:
                     (A)  the advisory council established under
  Chapter 312, Labor Code;
                     (B)  the Texas Workforce Commission; and
                     (C)  the Texas Higher Education Coordinating
  Board; and
               (2)  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 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 a 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.
         Sec. 39.0532.  REPORTING OF LOCAL INDICATORS OF STUDENT
  ENGAGEMENT AND WORKFORCE DEVELOPMENT.  (a)  The agency shall
  collect for reporting purposes only information provided by school
  districts and open-enrollment charter schools under Subsection (b)
  regarding local indicators of student engagement and workforce
  development.
         (b)  A school district or open-enrollment charter school
  may, but is not required to, provide to the agency information
  regarding the following indicators at a district or school campus
  that serves students in prekindergarten through eighth grade:
               (1)  an indicator that accounts for the percentage of
  students participating in school-sponsored extracurricular or
  cocurricular student activities consistent with the findings of the
  extracurricular and cocurricular student activity indicator study
  required under Section 39.0533, as that section existed immediately
  before September 1, 2023;
               (2)  for campuses that serve students in
  prekindergarten, an indicator that accounts for student
  participation in full-day prekindergarten programs;
               (3)  for campuses that serve students in kindergarten
  through fifth grade, an indicator that accounts for teacher
  completion rates of the literacy achievement academies and
  mathematics achievement academies established under Sections
  21.4552 and 21.4553;
               (4)  an indicator that accounts for students in grades
  six, seven, and eight who successfully complete a career and
  technology course approved for purposes of the career and
  technology education allotment under Section 48.106; and
               (5)  an indicator that accounts for students who
  successfully complete and receive credit for a course designated
  for a grade higher than the grade in which the student is enrolled.
         (c)  The agency shall post the information collected under
  Subsection (a) on the Texas School Accountability Dashboard
  developed under Section 39.309.
         (d)  This section may not be construed to limit the authority
  to modify performance indicators under Section 39.053 to include
  indicators described by this section.
         Sec. 39.0534.  ACCOUNTABILITY ADVISORY COMMITTEE.  (a)  The
  commissioner shall establish an accountability advisory committee
  to advise the commissioner and the agency regarding the adoption
  and modification of performance standards and indicators required
  under this chapter.  The committee must meet at least once during
  the year preceding the school year for which the commissioner
  proposes to modify the performance standards under Section
  39.053(f-1).
         (b)  The committee must include:
               (1)  a staff member from the office of the governor;
               (2)  a staff member from the office of the lieutenant
  governor;
               (3)  a staff member from the office of the speaker of
  the house of representatives;
               (4)  a staff member from the office of each chair of a
  standing legislative committee with primary jurisdiction over
  primary and secondary education; and
               (5)  a representative of each stakeholder group
  described by Section 39.053(f).
         (c)  The committee shall provide minutes of each committee
  meeting within a reasonable time after the meeting to the governor,
  the lieutenant governor, the speaker of the house of
  representatives, and each member of the standing legislative
  committees with primary jurisdiction over primary and secondary
  education.
         SECTION 2.004.  Section 39.054, Education Code, is amended
  by amending Subsections (a), (a-3), (a-4), and (a-5) and adding
  Subsections (a-6), (a-7), and (c) 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 program
  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 program as changed and the
  preceding program to establish roughly comparable standards for
  issuing performance ratings.
         (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.
         SECTION 2.005.  Section 39.0541, Education Code, is amended
  to read as follows:
         Sec. 39.0541.  ADOPTION OF INDICATORS AND STANDARDS.  
  (a)  Subject to Subsection (b), the [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.
         (b)  If the commissioner does not initially adopt
  performance standards by the July 15 immediately preceding a school
  year, district and campus performance ratings for that school year
  shall be based on the performance standards in effect for the
  preceding school year.
         SECTION 2.006.  Section 39.0542(a), Education Code, is
  amended to read as follows:
         (a)  Not later than July 15 of each [Each school] year, the
  commissioner shall provide each school district a document in a
  simple, accessible format that explains the accountability
  performance standards adopted under Sections 39.0241 and 39.053(f)
  for the following school year and the measures, methods, and
  procedures that will be applied for that school year in assigning
  each school district and campus a performance rating under Section
  39.054.
         SECTION 2.007.  Section 39.0544, Education Code, is amended
  by adding Subsection (f) to read as follows:
         (f)  From money appropriated or otherwise available for the
  purpose, the agency shall establish a grant program to assist at
  least one school district in each education service center region
  in developing a local accountability plan that complies with the
  requirements of this section.
         SECTION 2.008.  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 2.009.  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 2.010.  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 2.011.  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 2.012.  Subchapter Z, Chapter 39A, Education Code,
  is amended by adding Section 39A.908 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), 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.
         SECTION 2.013.  Section 312.003(a), Labor Code, as amended
  by H.B. 2 and H.B. 120, Acts of the 89th Legislature, Regular
  Session, 2025, is amended to read as follows:
         (a)  The advisory council shall develop an inventory of
  industry-recognized certifications 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.
         SECTION 2.014.  The following provisions of the Education
  Code are repealed:
               (1)  Section 39A.106; and
               (2)  Section 39A.110(b).
  ARTICLE 3.  TRANSPARENCY REGARDING PUBLIC SCHOOL PERFORMANCE
         SECTION 3.001.  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 3.002.  The heading to Section 39.001, Education
  Code, is amended to read as follows:
         Sec. 39.001.  RULES; ACTION FOR DECLARATORY JUDGMENT.
         SECTION 3.003.  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 3.004.  Subchapter A, Chapter 39, Education Code, is
  amended by adding Section 39.009 to read as follows:
         Sec. 39.009.  COMPLIANCE WITH CERTAIN CHAPTER REQUIREMENTS;
  LEGISLATIVE OVERSIGHT.  (a)  Failure to comply with a requirement of
  Subchapter B, C, or D:
               (1)  does not prevent:
                     (A)  the administration of a statewide assessment
  instrument required under Subchapter B; or
                     (B)  the assignment of performance ratings under
  Section 39.054; and
               (2)  may not be the basis of a challenge to:
                     (A)  a performance rating assigned under Section
  39.054; or
                     (B)  an intervention or sanction imposed under
  this chapter or Chapter 39A.
         (b)  Each standing legislative committee with primary
  jurisdiction over primary and secondary education shall establish a
  process to receive information regarding a failure to comply with a
  requirement of Subchapter B, C, or D and may require the agency to
  provide justification for that failure.  The agency must notify
  each committee if the agency is aware that the commissioner or
  agency has failed to meet a deadline or other requirement under
  Subchapter B, C, or D.
         SECTION 3.005.  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 3.006.  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].
  ARTICLE 4.  CONFORMING CHANGES AND CHANGES RELATED TO TRANSITION OF
  ASSESSMENT PROGRAM
         SECTION 4.001.  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 4.002.  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 4.003.  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 4.004.  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 4.005.  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 4.006.  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 4.007.  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 4.008.  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 4.009.  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 4.010.  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 4.011.  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 4.012.  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 4.013.  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 4.014.  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 4.015.  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 4.016.  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 4.017.  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 4.018.  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 4.019.  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 4.020.  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 4.021.  The following provisions of the Education
  Code are repealed:
               (1)  Section 33.0812;
               (2)  Section 39.029; and
               (3)  Section 39.032.
  ARTICLE 5.  TRANSITION AND EFFECTIVE DATE
         SECTION 5.001.  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 5.002.  The changes in law made by Sections
  39.009(a) and 39.0541(a), Education Code, as added by this Act, and
  Sections 39.053(a) and 39.054, 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 5.003.  (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,
  39.202, 39.203, and 39.304, Education Code, as amended by this Act,
  Sections 39.02301 and 39.053(c-5), Education Code, as added by this
  Act, and the repeal by this Act of Sections 33.0812, 39.026,
  39.0262, 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.
         (c)  Except as otherwise provided by this Act, 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 5.004.  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 5.005.  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.
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