HB 102

By: Dean
  H.B. No. 102
  A BILL TO BE ENTITLED
  AN ACT
  relating  to public school accountability, including reducing state
  required accountability exams to the minimum required by federal
  law and replacing current state required assessments with
  instructionally supportive assessments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 [The] State Board of Education by rule shall create and
  implement an instructionally supportive [a] statewide assessment
  program that:
               (1)  is not created or developed by the agency, but
  rather is nationally-normed,
               (2)  provides as much flexibility as possible under
  federal requirements to individual school districts and
  open-enrollment charter schools that maintain an acceptable
  rating,
               (3)  provides for progress monitoring and through-year
  instructional growth monitoring;
               (4)  is balanced, innovative, and streamlined;
               (5)  is knowledge- and skills-based [to ensure school
  accountability for student achievement that achieves the goals
  provided under Section 4.002]; and
               (6)  meets, but does not exceed, the federal assessment
  requirements.
         (b)  The primary objective of an instructionally supportive
  assessment program created and implemented under this section is
  to meet federal assessment requirements to the benefit the students
  of this state.
         (c)  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 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;
                     (C)  education researchers for the purpose of
  comparing student academic achievement and learning progress data
  at the national and statewide levels; and
                     (D)  the public for the purpose of allowing the
  public to assess the costs and benefits of using public money for
  the assessment program;
               (2)  evaluate the achievement level and learning
  progress of each assessed student in reading language arts,
  mathematics, and science;
               (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, state, and
  national 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].
         SECTION 2.  Section 39.023, Education Code, is amended by
  amending Subsections (a), (a-1), (a-2), (a-3), (a-11), (a-12),
  (a-13), (b), (b-1), (c), (c-1), (c-8), (g), (h), and (n) and adding
  Subsections (a-5), (o-1), (q), and (r) to read as follows:
         (a)  In creating and implementing the instructionally
  supportive assessment program under Section 39.022, the [The]
  agency shall adopt nationally norm-referenced [or develop
  appropriate criterion-referenced] assessment instruments that are
  capable of being administered at the beginning, middle, and end of
  the school year, at the option of the school district or
  open-enrollment charter school, and designed to assess essential
  knowledge and skills in reading, mathematics, [social studies,] and
  science.  Except as provided by Subsection (a-2), all students,
  other than students assessed under Subsection (b) or (l) or
  exempted under Section 39.027, shall be assessed in:
               (1)  mathematics, annually in grades three through
  eight;
               (2)  reading, annually in grades three through eight;
               (3)  [social studies, in grade eight;
               [(4)]  science, in grades five and eight; and
               (4) [(5)]  any other subject and grade required by
  federal law.
         (a-1)  An [The agency shall develop] assessment instrument
  adopted [instruments required] under Subsection (a) must provide
  for the assessment of students in a manner that [allows, to the
  extent practicable]:
               (1)  ensures the score a student receives provides [to
  provide] reliable information relating to a student's satisfactory
  performance for each performance standard under Section 39.0241;
  [and]
               (2)  allows for an appropriate range of performances to
  serve as a valid indication of growth in student achievement;
               (3)  focuses primarily on supporting excellent
  instruction, while also providing essential summative information
  that fulfills applicable federal requirements;
               (4)  consists only of questions written at the
  appropriate reading level for the applicable grade level, as
  determined by Lexile measures or another research-based
  readability metric approved by the agency in coordination with the
  advisory committees established under Section 39.02302;
               (5)  does not require a student to complete a separate,
  standalone essay or extended constructed response component;
               (6)  for a reading assessment, assesses writing skills
  through questions integrated within the context of the overall
  assessment;
               (7)  is adaptive to each student-appropriate
  measurement  of individual student performance and growth;
               (8)  provides, not later than 24 hours after the date
  the assessment instrument is administered, detailed diagnostic
  reports of individual student results that include recommendations
  based on a student's performance on the assessment instrument for
  teachers and parents regarding practical and useful instructional
  strategies to better meet the individual needs of the student and
  provide for appropriate academic growth of the student;
               (9)  for a beginning-of-year or middle-of-year
  assessment instrument, includes instructional growth projections
  for individual students based on each student's results; and
               (10)  for an end-of-year assessment:
                     (A)  measures student performance in relation to
  state curriculum standards and a student's annual through-year
  instructional growth;
                     (B)  fulfills the state's public school
  accountability plan for purposes of satisfying federal public
  school accountability requirements;
                     (C)  provides valid, reliable, and useful
  results; and
                     (D)  complies with applicable peer review
  requirements under federal law.
         (a-2)  Except as required by federal law, a student is not
  required to be assessed in a subject otherwise assessed at the
  student's grade level under Subsection (a) 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 Subsection
  (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 under
  Subsection (c) for the course.
         (a-3)  The agency may not adopt or develop a nationally
  norm-referenced or 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.
         (a-5)  The agency shall annually review and validate the
  readability of each item on an assessment instrument adopted under
  Subsection (a) to confirm alignment of the item with grade-level
  expectations and ensure that the item accurately measures student
  mastery of essential knowledge and skills without introducing undue
  complexity that is not related to the assessed standard.
         (a-11)  Before an assessment instrument adopted [or
  developed] under Subsection (a) may be administered under that
  subsection, the assessment instrument must, on the basis of
  empirical evidence, be determined to be valid and reliable by an
  entity that is independent of the agency and of any other entity
  that developed the assessment instrument.
         (a-12)  An assessment instrument adopted [or developed]
  under Subsection (a) must be designed to minimize the impact on
  student instructional time [may not have more than three parts. A
  part of an assessment instrument must be designed] so that:
               (1)  for a beginning-of-year or middle-of-year
  assessment instrument [if] administered to students in grades three
  and four, 85 percent of students are expected [will be able] to
  complete the assessment instrument [that part] within 60 minutes;
  [and]
               (2)  for a beginning-of-year or middle-of-year
  assessment instrument [if] administered to students in grades five
  through eight, 85 percent of students are expected [will be able] to
  complete the assessment instrument [that part] within 75 minutes;
  and
               (3)  for an end-of-year assessment instrument
  administered to students in grades three through eight, 85 percent
  of students are expected to complete the assessment instrument
  within 90 minutes.
         (a-13)  The amount of time allowed for administration of an
  assessment instrument in reading, mathematics, or science adopted
  [or developed] under Subsection (a) may not exceed six [eight]
  hours, and the administration may occur in multiple parts over more
  than one day.
         (b)  The agency shall [develop or] adopt appropriate
  nationally norm-referenced [criterion-referenced] alternative
  assessment instruments to be administered to each student in a
  special education program under Subchapter A, Chapter 29, for whom
  an assessment instrument adopted under Subsection (a), even with
  allowable accommodations, would not provide an appropriate measure
  of student achievement, as determined by the student's admission,
  review, and dismissal committee[, including assessment instruments
  approved by the commissioner that measure growth]. The assessment
  instruments [developed or] adopted under this subsection[,
  including the assessment instruments approved by the
  commissioner,] must, to the extent allowed under federal law,
  provide a district with options for the assessment of students
  under this subsection. The agency may not adopt a performance
  standard that indicates that a student's performance on the
  alternate assessment does not meet standards if the lowest level of
  the assessment accurately represents the student's developmental
  level as determined by the student's admission, review, and
  dismissal committee.
         (b-1)  The agency, in conjunction with appropriate
  interested persons, shall redevelop assessment instruments adopted
  [or developed] under Subsection (b) for administration to
  significantly cognitively disabled students in a manner consistent
  with federal law. An assessment instrument under this subsection
  may not require a teacher to prepare tasks or materials for a
  student who will be administered such an assessment instrument. A
  classroom portfolio method used to assess writing performance may
  require a teacher to prepare tasks and materials.
         (c)  The agency shall also adopt end-of-course assessment
  instruments for secondary-level courses in reading, mathematics,
  and science, for the purpose of complying with the Every Student
  Succeeds Act (20 U.S.C. Section 6301 et seq.), to be administered
  only as necessary to meet the minimum requirements of that law
  [Algebra I, biology, English I, English II, and United States
  history. The Algebra I end-of-course assessment instrument must be
  administered with the aid of technology, but may include one or more
  parts that prohibit the use of technology. The English I and English
  II end-of-course assessment instruments must each assess essential
  knowledge and skills in both reading and writing and must provide a
  single score]. A school district shall comply with State Board of
  Education rules regarding administration of the assessment
  instruments adopted under [listed in] this subsection. If a student
  is in a special education program under Subchapter A, Chapter 29,
  the student's admission, review, and dismissal committee shall
  determine whether any allowable modification is necessary in
  administering to the student an assessment instrument required
  under this subsection. The State Board of Education shall
  administer the assessment instruments. An end-of-course assessment
  instrument may be administered in multiple parts over more than one
  day. The State Board of Education shall adopt a schedule for the
  administration of end-of-course assessment instruments that
  complies with the requirements of Subsection (c-3).
         (c-1)  An [The agency shall develop any] assessment
  instrument adopted by the agency [required] under this section must
  allow [in a manner that allows] for the measurement of annual
  improvement in student achievement as required by Sections
  39.034(c) and (d).
         (c-2)  The agency, school district, or open-enrollment
  charter school may adopt end-of-course assessment instruments for
  courses for which end-of-course assessment instruments are not
  adopted under [not listed in] Subsection (c). A student's
  performance on an end-of-course assessment instrument adopted
  under this subsection is not subject to the performance
  requirements established under Subsection (c) or Section 39.025.
         (c-8)  Not [Beginning with the 2022-2023 school year, not]
  more than 25 [75] percent of the available points on an assessment
  instrument adopted [developed] under Subsection (a) or (c) may be
  attributable to questions presented as technology-enhanced or
  constructed-response items [in a multiple choice format].
         (h)  The agency shall notify school districts and campuses of
  the results of end-of-year and end-of-course assessment
  instruments administered under this section and preliminary
  academic accountability ratings assigned to the district and campus
  by the agency based on those results not later than the 14th [21st]
  day after the date the applicable end-of-year or end-of-course
  assessment instrument is administered. The school district shall
  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.
         (n)  This subsection applies only to a student who is
  determined to have dyslexia or a related disorder and who is an
  individual with a disability under 29 U.S.C. Section 705(20) and
  its subsequent amendments.  The agency shall adopt [or develop]
  appropriate norm-referenced [criterion-referenced] assessment
  instruments designed to assess the ability of and to be
  administered to each student to whom this subsection applies for
  whom the assessment instruments adopted under Subsection (a), even
  with allowable modifications, would not provide an appropriate
  measure of student achievement, as determined by the committee
  established by the board of trustees of the district to determine
  the placement of students with dyslexia or related disorders.  The
  committee shall determine whether any allowable modification is
  necessary in administering to a student an assessment instrument
  required under this subsection.  The assessment instruments
  required under this subsection shall be administered on the same
  schedule as the assessment instruments administered under
  Subsection (a).
         (q)  If there is a conflict between this section and a
  federal law or regulation, including the Every Student Succeeds Act
  (20 U.S.C. Section 6301 et seq.), the agency shall seek a waiver
  from the application of the conflicting federal law or regulation.
         (r)  Notwithstanding any provision of this section or other
  law, if changes to federal law or regulations, including the Every
  Student Succeeds Act (20 U.S.C. Section 6301 et seq.), reduce the
  number or frequency of assessment instruments required to be
  administered to students, the State Board of Education shall adopt
  rules reducing the number or frequency of assessment instruments
  required to be administered to students under state law, and the
  agency shall ensure that students are not required to be assessed in
  subject areas or in grade levels that are no longer required to meet
  the minimum requirements of the law.
         SECTION 3.  Section 39.0237, Education Code, is amended to
  read as follows:
         Sec. 39.0237.  CONSIDERATION OF PREKINDERGARTEN THROUGH
  SECOND GRADE ASSESSMENT INSTRUMENTS PROHIBITED.  Performance on an
  assessment instrument administered to students in prekindergarten,
  kindergarten, first grade, or second grade may not be considered
  for any purpose under this chapter or Chapter 39A.
         SECTION 4.  Section 28.0211(a-8), Education Code, is 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[, or Algebra I, English I, or
  English II, as applicable,] for that school year.
         SECTION 5.  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
  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 norm-referenced or
  criterion-referenced tests and the results of a subjective teacher
  evaluation.
         SECTION 6.  Section 26.005, Education Code, is amended to
  read as follows:
         Sec. 26.005.  ACCESS TO STATE ASSESSMENTS.  (a) Except as
  provided by Section 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 their child's state assessment tests by no more than one click
  from an Internet website maintained by the agency.  Student
  identifying information needed to access assessment information
  must meet agency security protocols, be unique to the student, and
  be in control of a parent or guardian without the need to secure
  additional information from any third party.
         SECTION 7.  Sections 39.025(a-1) and (a-3), Education Code,
  are amended to read as follows:
         (a-1)  A student enrolled in a college preparatory
  mathematics or English language arts course under Section 28.014
  who satisfies the Texas Success Initiative (TSI) college readiness
  benchmarks prescribed by the Texas Higher Education Coordinating
  Board under Section 51.334 on an assessment instrument designated
  by the coordinating board under that section administered at the
  end of the college preparatory mathematics or English language arts
  course satisfies the requirements concerning and is exempt from the
  administration of the mathematics or reading [Algebra I or the
  English I and English II] end-of-course assessment instrument
  [instruments], as applicable, [as prescribed by Section
  39.023(c),] even if the student did not perform satisfactorily on a
  previous administration of the applicable end-of-course assessment
  instrument.  A student who fails to perform satisfactorily on the
  assessment instrument designated by the coordinating board under
  Section 51.334 administered as provided by this subsection may
  retake that assessment instrument for purposes of this subsection
  or may take the appropriate end-of-course assessment instrument.
         (a-3)  A student who, after retaking an end-of-course
  assessment instrument for mathematics [Algebra I] or reading
  [English II], has failed to perform satisfactorily as required by
  Subsection (a), but who receives a score of proficient on the Texas
  Success Initiative (TSI) diagnostic assessment for the
  corresponding subject for which the student failed to perform
  satisfactorily on the end-of-course assessment instrument
  satisfies the requirement concerning the mathematics [Algebra I] or
  reading [English II] end-of-course assessment, as applicable.
         SECTION 8.  Section 39.203(c), Education Code, is amended to
  read as follows:
         (c)  In addition to the distinction designations described
  by Subsections (a) and (b), a campus that satisfies the criteria
  developed under Section 39.204 shall be awarded a distinction
  designation by the commissioner for outstanding performance in
  academic achievement in reading [English language arts],
  mathematics, or science[, or social studies].
         SECTION 9.  Section 39.053, Education Code, is amended by
  amending Subsections (a), (c), and (f) and adding Subsections
  (c-4), (c-5), and (f-1) to read as follows:
         (a)  The commissioner shall adopt rules as necessary to
  implement this section [a set of indicators of the quality of
  learning and achievement, including the indicators under
  Subsection (c)].  The commissioner may not modify [periodically
  shall review] the domains or performance indicators adopted under
  this subchapter unless the legislature provides written approval
  for the modification [for the consideration of appropriate
  revisions].
         (c)  School districts and campuses must be evaluated based on
  three domains of indicators of achievement adopted under this
  section that include:
               (1)  in the student achievement domain, indicators of
  student achievement that must include:
                     (A)  for evaluating the performance of districts
  and campuses generally:
                           (i)  an indicator that accounts for the
  results of assessment instruments required under Sections
  39.023(a), (c), and (l), as applicable for the district and campus,
  including the results of assessment instruments required for
  graduation retaken by a student, aggregated across grade levels by
  subject area, including:
                                 (a)  for the performance standard
  determined by the commissioner under Section 39.0241(a), the
  percentage of students who performed satisfactorily on the
  assessment instruments, aggregated across grade levels by subject
  area; and
                                 (b)  for the college readiness
  performance standard as determined under Section 39.0241, the
  percentage of students who performed satisfactorily on the
  assessment instruments, aggregated across grade levels by subject
  area; and
                           (ii)  an indicator that accounts for the
  results of assessment instruments required under Section
  39.023(b), as applicable for the district and campus, including the
  percentage of students who performed satisfactorily on the
  assessment instruments, as determined by the performance standard
  adopted by the agency, aggregated across grade levels by subject
  area; and
                     (B)  for evaluating the performance of high school
  campuses and districts that include high school campuses,
  indicators that account for:
                           (i)  students who satisfy the Texas Success
  Initiative (TSI) college readiness benchmarks prescribed by the
  Texas Higher Education Coordinating Board under Section 51.334 on
  an assessment instrument in reading or mathematics designated by
  the coordinating board under that section;
                           (ii)  students who satisfy relevant
  performance standards on advanced placement tests or similar
  assessments;
                           (iii)  students who earn dual course credits
  in the dual credit courses;
                           (iv)  students who demonstrate military
  readiness:
                                 (a)  through verified enlistment
  [enlist] in the armed forces of the United States or the Texas
  National Guard;
                                 (b)  by achieving a passing score, as
  determined by the commissioner, on the Armed Services Vocational
  Aptitude Battery test; or
                                 (c)  by 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 annual through-year
  instructional growth or improvement in reading language arts,
  mathematics, and science, 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)  In addition to the indicators adopted under
  Subsection (c), not later than the July 1 immediately preceding the
  school year for which the district requests consideration of an
  indicator described by this subsection, a school district may
  submit a request to the agency to consider in the student
  achievement domain or the school progress domain, as provided by
  Section 39.054(a-1)(2), one or more of the following student
  engagement and workforce development indicators for use in
  evaluating the performance of campuses that serve 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-5)  Not later than September 1 following the date a school
  district submits a request under Subsection (c-4), the commissioner
  shall notify the district regarding the commissioner's decision to
  approve or deny the request.
         (f)  Not later than July 15 of each year [Annually], the
  commissioner shall define and adopt 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 achieve, not later than the 15th
  anniversary after the date the commissioner modifies the
  performance standards under Subsection (f-1), 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 in comparison to states with similar
  student demographics and public education enrollment rates.
         (f-1)  The commissioner may increase the scores needed to
  achieve performance standards on indicators adopted under this
  subchapter only every fifth school year.  The commissioner shall
  notify each school district of an increase in score under this
  subsection not later than two school years before the school year in
  which the agency intends to evaluate the performance of school
  districts and campuses under that increased score.
         SECTION 10.  Changes made to the accountability system and
  ratings for school districts and open-enrollment charter schools
  must be made or approved by the legislature by general law.
         SECTION 11.  The accountability rules in place as of July 15
  of each year may not be modified at any point during that school
  year beginning the following month of August.
         SECTION 12.  Section 39.023(c-9), Education Code, is
  repealed.
         SECTION 13.  This Act applies beginning with the 2025-2026
  school year.
         SECTION 14.  This Act takes effect on the 91st day after the
  end of the legislative session.