89R15374 MM-D     By: Hinojosa of Nueces S.B. No. 2187       A BILL TO BE ENTITLED   AN ACT   relating to the administration of assessment instruments to public   school students.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 18.006(b), Education Code, is amended to   read as follows:          (b)  In addition to other factors determined to be   appropriate by the commissioner, the accountability system must   include consideration of:                (1)  student performance on the [end-of-course]   assessment instruments administered under [required by] Section   39.023(c); and                (2)  dropout rates, including dropout rates and diploma   program completion rates for the grade levels served by the diploma   program.          SECTION 2.  Section 25.005(b), Education Code, is amended to   read as follows:          (b)  A reciprocity agreement must:                (1)  address procedures for:                      (A)  transferring student records;                      (B)  awarding credit for completed course work;   and                      (C)  permitting a student to satisfy the   requirements of Section 39.025 through successful performance on   comparable [end-of-course or other exit-level] assessment   instruments administered in another state; and                (2)  include appropriate criteria developed by the   agency.          SECTION 3.  Section 28.014(a), Education Code, is amended to   read as follows:          (a)  Each school district shall partner with at least one   institution of higher education to develop and provide courses in   college preparatory mathematics and English language arts.  The   courses must be designed:                (1)  for students at the 12th grade level whose   performance on:                      (A)  an [end-of-course] assessment instrument   administered [required] under Section 39.023(c) does not meet   college readiness standards; or                      (B)  coursework, a college entrance examination,   or an assessment instrument designated under Section 51.334   indicates that the student is not ready to perform entry-level   college coursework; and                (2)  to prepare students for success in entry-level   college courses.          SECTION 4.  Sections 28.0211(a-1), (a-8), and (o), Education   Code, are amended to read as follows:          (a-1)  Each time a student fails to perform satisfactorily on   an assessment instrument administered under Section 39.023(a) or   (l) in the third, fourth, fifth, sixth, seventh, or eighth grade or   an [end-of-course] assessment instrument administered under   Section 39.023(c), other than an assessment instrument developed or   adopted based on alternative academic achievement standards, the   school district in which the student attends school shall provide   to the student accelerated instruction in the applicable subject   area during the subsequent summer or school year and, subject to   Subsections (a-7) and (a-8), either:                (1)  allow the student to be assigned a classroom   teacher who is certified as a master, exemplary, or recognized   teacher under Section 21.3521 for the subsequent school year in the   applicable subject area; or                (2)  provide the student supplemental instruction   under Subsection (a-4).          (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.          (o)  This section does not require the administration of an   [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 under   Section 39.023(c) for the course].          SECTION 5.  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 under   Section 39.023(c) for that subject].          SECTION 6.  Sections 28.025(b-4) and (c-8), Education Code,   are amended to read as follows:          (b-4)  A school district may offer the curriculum described   in Subsections (b-1)(1) through (4) in an applied manner.  Courses   delivered in an applied manner must cover the essential knowledge   and skills[, and the student shall be administered the applicable   end-of-course assessment instrument as provided by Sections   39.023(c) and 39.025].          (c-8)  For purposes of Subsection (c-7), the admission,   review, and dismissal committee of a student in a special education   program under Subchapter A, Chapter 29, shall determine whether the   student is required to achieve satisfactory performance on an   [end-of-course] assessment instrument administered under Section   39.023(c) to earn an endorsement on the student's transcript.          SECTION 7.  Section 28.0258, Education Code, is amended by   amending Subsections (a), (b), (f), (h), (j), and (k) and adding   Subsections (m) and (n) to read as follows:          (a)  This section applies only to an 11th or 12th grade   student who has failed to comply with the [end-of-course]   assessment instrument performance requirements under Section   39.025 for not more than two subjects identified under Section   39.023(c) [courses].          (b)  For each student to whom this section applies, the   school district that the student attends shall establish an   individual graduation committee at the end of or after the   student's 11th grade year to determine whether the student may   qualify to graduate as provided by this section. A student may not   qualify to graduate under this section before the student's 12th   grade year. The committee shall be composed of:                (1)  the principal or principal's designee;                (2)  for each subject identified under Section   39.023(c) for [end-of-course assessment instrument on] which the   student failed to perform satisfactorily on the appropriate   corresponding required assessment instrument, a [the] teacher of   the student in that subject, designated by the principal [course];                (3)  the department chair or lead teacher supervising   the teacher described by Subdivision (2); and                (4)  as applicable:                      (A)  the student's parent or person standing in   parental relation to the student;                      (B)  a designated advocate described by   Subsection (c) if the person described by Paragraph (A) is unable to   serve; or                      (C)  the student, at the student's option, if the   student is at least 18 years of age or is an emancipated minor.          (f)  Notwithstanding any other law, a student's individual   graduation committee established under this section shall   recommend additional requirements by which the student may qualify   to graduate, including:                (1)  additional remediation; and                (2)  for each [end-of-course] assessment instrument   required under Section 39.023(c) on which the student failed to   perform satisfactorily:                      (A)  the completion of a project related to the   subject area [of the course] that demonstrates proficiency in the   subject area; or                      (B)  the preparation of a portfolio of work   samples in the subject area [of the course], including work samples   [from the course] that demonstrate proficiency in the subject area.          (h)  In determining whether a student for whom an individual   graduation committee is established is qualified to graduate, the   committee shall consider:                (1)  the recommendation of the student's teacher in   each course of the subject for which the student failed to perform   satisfactorily on an [end-of-course] assessment instrument;                (2)  the student's grade in each course of the subject   for which the student failed to perform satisfactorily on an   [end-of-course] assessment instrument;                (3)  the student's score on each [end-of-course]   assessment instrument required under Section 39.023(c) on which the   student failed to perform satisfactorily;                (4)  the student's performance on any additional   requirements recommended by the committee under Subsection (f);                (5)  the number of hours of remediation that the   student has attended, including[:                      [(A)  attendance in a college preparatory course   required under Section 39.025(b-2), if applicable; or                      [(B)]  attendance in and successful completion of   a transitional college course in reading or mathematics;                (6)  the student's school attendance rate;                (7)  the student's satisfaction of any of the Texas   Success Initiative (TSI) college readiness benchmarks prescribed   by the Texas Higher Education Coordinating Board;                (8)  the student's successful completion of a dual   credit course in English, mathematics, science, or social studies;                (9)  the student's successful completion of a high   school pre-advanced placement, advanced placement, or   international baccalaureate program course in English,   mathematics, science, or social studies;                (10)  the student's rating of advanced high on the most   recent high school administration of the Texas English Language   Proficiency Assessment System;                (11)  the student's score of 50 or greater on a   College-Level Examination Program examination;                (12)  the student's score on:                      (A)  the ACT or[,] the SAT, if not otherwise   considered under Subdivision (3); or                      (B)  the Armed Services Vocational Aptitude   Battery test;                (13)  the student's completion of a sequence of courses   under a career and technical education program required to attain   an industry-recognized credential or certificate;                (14)  the student's overall preparedness for   postsecondary success; and                (15)  any other academic information designated for   consideration by the board of trustees of the school district.          (j)  Notwithstanding any action taken by an individual   graduation committee under this section, a school district shall   administer an [end-of-course] assessment instrument required under   Section 39.023(c) to any student who fails to perform   satisfactorily on an [end-of-course] assessment instrument   required under Section 39.023(c) as provided by Section 39.025(b).   For purposes of Section 39.053(c)(1), an assessment instrument   administered as provided by this subsection is considered an   assessment instrument required for graduation retaken by a student.          (k)  The commissioner shall adopt rules as necessary to   administer [implement] this section [not later than the 2015-2016   school year].          (m)  For a student subject to Section 39.025(f-3)(1):                (1)  for purposes of Subsection (a), this section   applies only to an 11th or 12th grade student who has failed to   comply with the end-of-course assessment instrument performance   requirements under Section 39.025, as that section existed before   amendment by __.B. ____, Acts of the 89th Legislature, Regular   Session, 2025, for not more than two courses listed in Section   39.023(c), as that section existed before amendment by __.B. ____,   Acts of the 89th Legislature, Regular Session, 2025;                (2)  for purposes of the composition of an individual   graduation committee under Subsection (b)(2), the committee shall   include the teacher of the course for each end-of-course assessment   instrument described by Subdivision (1) for which the student   failed to perform satisfactorily;                (3)  for purposes of Subsection (h)(1), an individual   graduation committee shall consider the recommendation of the   teacher described by Subdivision (2); and                (4)  for purposes of Subsection (h)(2), an individual   graduation committee shall consider the student's grade in each   course described by Subdivision (2).          (n)  Subsection (m) and this subsection expire September 1,   2029.          SECTION 8.  Sections 29.081(b) and (b-1), Education Code,   are amended to read as follows:          (b)  Each district shall provide accelerated instruction to   a student enrolled in the district who has taken an [end-of-course]   assessment instrument administered under Section 39.023(c) and has   not performed satisfactorily on the assessment instrument or who is   at risk of dropping out of school.          (b-1)  Each school district shall offer before the next   scheduled administration of the assessment instrument, without   cost to the student, additional accelerated instruction to each   student in any subject in which the student failed to perform   satisfactorily on an [end-of-course] assessment instrument   required for graduation.          SECTION 9.  Section 29.087(f), Education Code, is amended to   read as follows:          (f)  A student participating in a program authorized by this   section, other than a student ordered to participate under   Subsection (d)(1), must have taken any [the] appropriate   [end-of-course] assessment instrument [instruments] specified by   Section 39.023(c) that is administered before the student enters   [entering] the program and must take any [each] appropriate   [end-of-course] assessment instrument that is administered during   the period in which the student is enrolled in the program. Except   for a student ordered to participate under Subsection (d)(1), a   student participating in the program may not take the high school   equivalency examination unless the student has taken the assessment   instruments required by this subsection.          SECTION 10.  Sections 29.099(d) and (h), Education Code, are   amended to read as follows:          (d)  A participating campus shall identify a student who does   not perform at grade level on a mathematics [an] assessment   instrument administered under Section 39.023(a) [39.023(a)(1)], or   an equivalent assessment instrument administered under Section   39.023(l), as a student eligible for participation in the   intervention program.  During a student's placement in the   intervention program, a campus shall use progress monitoring   assessments to ensure that a student is making appropriate progress   in the program.          (h)  [Program Evaluation.] The commissioner of education   shall contract for the evaluation of the effectiveness of the   intervention program established under this section. The   commissioner may consider centers for education research to conduct   this evaluation. The evaluation shall describe progress under the   mathematics assessment instruments administered under Section   39.023(a) [39.023(a)(1)] or equivalent assessment instruments   administered under Section 39.023(l) to students participating in   the intervention program.          SECTION 11.  Section 29.402(b), Education Code, is amended   to read as follows:          (b)  A person who is under 26 years of age is eligible to   enroll in a dropout recovery program under this subchapter if the   person:                (1)  must complete not more than three course credits   to complete the curriculum requirements for the foundation high   school program for high school graduation; or                (2)  has failed to perform satisfactorily on, as   applicable:                      (A)  an [end-of-course] assessment instrument   administered under Section 39.023(c);                      (B)  an assessment instrument administered under   Section 39.023(c) as that section existed before amendment by __.B.   ____, Acts of the 89th Legislature, Regular Session, 2025; or                      (C)  an assessment instrument administered under   Section 39.023(c) as that section existed before amendment by   Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular   Session, 2007.          SECTION 12.  Section 39.023, Education Code, is amended by   amending Subsections (a), (a-1), (a-2), (a-11), (a-12), (a-13),   (c), (c-3), (c-5), (e), (g), (h), (i), and (p) and adding   Subsections (h-1) and (q) to read as follows:          (a)  The agency shall adopt [or develop] appropriate,   nationally recognized, norm-referenced [criterion-referenced]   assessment instruments, such as the Iowa Assessments, designed to   assess essential knowledge and skills annually in grades three   through eight in each federally required subject, including [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 accordance with this subsection[:                [(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                [(5)  any other subject and grade required by federal   law].          (a-1)  The agency shall adopt [develop] assessment   instruments required under Subsection (a) in a manner that allows,   to the extent practicable:                (1)  the score a student receives to provide reliable   information relating to a student's satisfactory performance for   each performance standard under Section 39.0241; and                (2)  an appropriate range of performances to serve as a   valid indication of growth in student achievement.          (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-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) may not have more than three parts.  A part of   an assessment instrument must be designed so that:                (1)  if administered to students in grades three and   four, 85 percent of students will be able to complete that part   within 60 minutes; and                (2)  if administered to students in grades five through   eight, 85 percent of students will be able to complete that part   within 75 minutes.          (a-13)  The amount of time allowed for administration of an   assessment instrument adopted [or developed] under Subsection (a)   may not exceed eight hours, and the administration may occur in   multiple parts over more than one day.          (c)  The agency shall also adopt an appropriate, nationally   recognized, norm-referenced secondary-level assessment instrument   for the assessment of students [end-of-course assessment   instruments] for each federally required secondary-level subject,   including English language arts, mathematics, and science [courses   in Algebra I, biology, English I, English II, and United States   history. The Algebra I end-of-course assessment instrument must be   administered with the aid of technology, but may include one or more   parts that prohibit the use of technology]. An [The English I and   English II end-of-course] assessment instrument adopted under this   subsection [instruments] must [each] assess essential knowledge   and skills in the appropriate subject [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 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-3)  Except as provided by Subsection [(c-7) or] (c-10) [or   as otherwise provided by this subsection], in adopting a schedule   for the administration of assessment instruments under this   section, the State Board of Education shall ensure that assessment   instruments administered under Subsection (a) or (c) are not   administered on the first instructional day of a week.  On request   by a school district or open-enrollment charter school, the   commissioner may allow the district or school to administer an   assessment instrument required under Subsection (a) or (c) on the   first instructional day of a week if administering the assessment   instrument on another instructional day would result in a   significant administrative burden due to specific local   conditions.          (c-5)  A student's performance on an [end-of-course]   assessment instrument administered [required] under Subsection (c)   must be included in the student's academic achievement record.          (e)  Under rules adopted by the State Board of Education,   every third year, the agency shall release the questions and answer   keys to each assessment instrument administered under Subsection   [(a),] (b)[, (c), (d),] or (l), excluding any assessment instrument   administered to a student for the purpose of retaking the   assessment instrument, after the last time the instrument is   administered for that school year. To ensure a valid bank of   questions for use each year, the agency is not required to release a   question that is being field-tested and was not used to compute the   student's score on the instrument. The agency shall also release,   under board rule, each question that is no longer being   field-tested and that was not used to compute a student's score.   [During the 2014-2015 and 2015-2016 school years, the agency shall   release the questions and answer keys to assessment instruments as   described by this subsection each year.]          (g)  An [The State Board of Education may adopt one   appropriate, nationally recognized, norm-referenced] assessment   instrument administered under Subsection (a) or (c) [in reading and   mathematics to be administered to a selected sample of students in   the spring. If adopted, a norm-referenced assessment instrument]   must be a secured test. The commissioner may contract with a vendor   to administer the assessment instrument, complete the scoring of   the assessment instrument, and distribute within a reasonable   period the results to the agency and the relevant results to each   school district. As soon as practicable after the district   receives the results from the vendor under this subsection, the   district shall:                (1)  distribute the relevant results to each district   campus; and                (2)  provide written notice to the student and the   student's parent or person standing in parental relation to the   student that states the student's results and whether the student   performed satisfactorily on the assessment instrument [The state   may pay the costs of purchasing and scoring the adopted assessment   instrument and of distributing the results of the adopted   instrument to the school districts. A district that administers   the norm-referenced test adopted under this subsection shall report   the results to the agency in a manner prescribed by the   commissioner].          (h)  Except as provided by Subsection (g), the [The] agency   shall notify school districts and campuses of the results of   assessment instruments administered under this section not later   than the 21st day after the date the assessment instrument is   administered.          (h-1)  A [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.          (i)  The provisions of this section[, except Subsection   (d),] are subject to modification by rules adopted under Section   39.022. Each assessment instrument adopted under those rules [and   each assessment instrument required under Subsection (d)] must be   reliable and valid and must meet any applicable federal   requirements for measurement of student progress.          (p)  On or before September 1 of each year, the commissioner   shall make the following information available on the agency's   Internet website for each assessment instrument administered under   Subsection [(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.          (q)  Notwithstanding any provision of this section or other   law, if changes made to the Every Student Succeeds Act (20 U.S.C.   Section 6301 et seq.) reduce the number or frequency of assessment   instruments required to be administered to students, the State   Board of Education shall adopt rules reducing the number or   frequency of assessment instruments administered to students under   state law, and the commissioner shall ensure that students are not   assessed in subject areas or in grades that are no longer required   to meet the minimum requirements of that Act.          SECTION 13.  The heading to Section 39.0232, Education Code,   is amended to read as follows:          Sec. 39.0232.  USE OF [END-OF-COURSE] ASSESSMENT INSTRUMENT   AS PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED.          SECTION 14.  Sections 39.0232(a), (b), and (c), Education   Code, are amended to read as follows:          (a)  To the extent practicable, the agency shall ensure that   any high school [end-of-course] assessment instrument adopted   under Section 39.023(c) [developed by the agency is developed in   such a manner that the assessment instrument] may be used to   determine the appropriate placement of a student in a course of the   same subject matter at an institution of higher education.          (b)  A student's performance on an [end-of-course]   assessment instrument administered under Section 39.023(c) may not   be used:                (1)  in determining the student's class ranking for any   purpose, including entitlement to automatic college admission   under Section 51.803 or 51.804; or                (2)  as a sole criterion in the determination of   whether to admit the student to a general academic teaching   institution in this state.          (c)  Subsection (b)(2) does not prohibit a general academic   teaching institution from implementing an admission policy that   takes into consideration a student's performance on an   [end-of-course] assessment instrument administered under Section   39.023(c) in addition to other criteria.          SECTION 15.  Section 39.0234(a), Education Code, is amended   to read as follows:          (a)  Each assessment instrument required under Section   39.023(l) [39.023(a), (c), or (l)] must be administered   electronically, unless otherwise provided by commissioner rule.          SECTION 16.  Section 39.024(i), Education Code, is amended   to read as follows:          (i)  The agency shall gather data and conduct research to   substantiate any correlation between a certain level of performance   by students on [end-of-course] assessment instruments administered   under Section 39.023(c) and success in:                (1)  military service; or                (2)  a workforce training, certification, or other   credential program at a postsecondary educational institution that   primarily offers associate degrees or certificates or credentials   other than baccalaureate or advanced degrees.          SECTION 17.  Section 39.025, Education Code, is amended by   amending Subsections (a), (a-4), (a-5), (b), and (b-1) and adding   Subsection (f-3) to read as follows:          (a)  The commissioner shall adopt rules requiring a student   in the foundation high school program under Section 28.025 to be   administered each [an end-of-course] assessment instrument adopted   under [listed in] Section 39.023(c) by the school district [only   for a course] in which the student is enrolled [and for which an   end-of-course assessment instrument is administered]. Each   student's performance on an assessment instrument adopted under   Section 39.023(c) shall be evaluated to determine whether the [A]   student achieved [is required to achieve] a scale score that   indicates satisfactory performance, as determined by the   commissioner under Section 39.0241(a)[, on each end-of-course   assessment instrument administered to the student]. For each scale   score required under this subsection that is not based on a   100-point scale scoring system, the commissioner shall provide for   conversion, in accordance with commissioner rule, of the scale   score to an equivalent score based on a 100-point scale scoring   system. A student may not receive a high school diploma until the   student has performed satisfactorily on each assessment instrument   adopted under Section 39.023(c) [end-of-course assessment   instruments] in the manner provided under this subsection. This   subsection does not require a student to demonstrate readiness to   enroll in an institution of higher education.          (a-4)  The admission, review, and dismissal committee of a   student in a special education program under Subchapter A, Chapter   29, shall determine whether, to receive a high school diploma, the   student is required to achieve satisfactory performance on    [end-of-course] assessment instruments administered under Section   39.023(c).          (a-5)  Notwithstanding Subsection (a), a student who has   failed to perform satisfactorily on an [end-of-course] assessment   instrument required under Section 39.023(c) [instruments] in the   manner provided under this section may receive a high school   diploma if the student has qualified for graduation under Section   28.0258.          (b)  Each time an [end-of-course] assessment instrument   [adopted] 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 the [an end-of-course]   assessment instrument.          (b-1)  A school district shall provide each student who fails   to perform satisfactorily as determined by the commissioner under   Section 39.0241(a) on an [end-of-course] assessment instrument   administered under Section 39.023(c) with accelerated instruction   under Section 28.0211 [in the subject assessed by the assessment   instrument].          (f-3)  The commissioner shall by rule adopt a transition plan   to implement the amendments made by _.B. ___, Acts of the 89th   Legislature, Regular Session, 2025, replacing end-of-course   assessment instruments with one or more assessment instruments   adopted by the agency under Section 39.023(c). The rules must   provide for each assessment instrument adopted under Section   39.023(c) to be administered beginning with students enrolled in   the ninth grade for the first time during the 2025-2026 school year.   During the period under which the transition from end-of-course   assessment instruments is made:                (1)  for students entering a grade above the ninth   grade during the 2025-2026 school year or students repeating ninth   grade during the 2025-2026 school year, the commissioner shall   retain, administer, and use for purposes of accreditation and other   campus and district accountability measures under this chapter the   end-of-course assessment instruments required by Section   39.023(c), as that section existed before amendment by _.B. ___,   Acts of the 89th Legislature, Regular Session, 2025; and                (2)  a student subject to Subdivision (1) may not   receive a high school diploma unless the student has performed   satisfactorily on:                      (A)  each required end-of-course assessment   instrument administered under Section 39.023(c), as that section   existed before amendment by _.B. ___, Acts of the 89th Legislature,   Regular Session, 2025; or                      (B)  each assessment instrument adopted under   Section 39.023(c) by the district in which the student is enrolled.          SECTION 18.  Section 39.034(d), Education Code, is amended   to read as follows:          (d)  The agency shall determine the necessary annual   improvement required each year for a student to be prepared to   perform satisfactorily on, as applicable:                (1)  the grade five assessment instruments;                (2)  the grade eight assessment instruments; and                (3)  the [end-of-course] assessment instruments   required under this subchapter for graduation.          SECTION 19.  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(b) [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 20.  Section 39.036(a), Education Code, is amended   to read as follows:          (a)  The agency shall develop a vertical scale for assessing   student performance on mathematics and reading assessment   instruments administered under Section 39.023(a) [Sections   39.023(a)(1) and (2)] in a manner that allows the agency to compare   the performance of a student on the assessment instruments from one   grade level to the next.          SECTION 21.  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 English language arts, mathematics, or   science[, or social studies].          SECTION 22.  Section 51.338(c), Education Code, is amended   to read as follows:          (c)  A student who has achieved scores set by the board on the   questions developed for end-of-course assessment instruments under   Section 39.0233(a), as that section existed before repeal by   _.B. ___, Acts of the 89th Legislature, Regular Session, 2025, is   exempt from the requirements of this subchapter.  The exemption is   effective for the three-year period following the date a student   takes the last assessment instrument for purposes of this   subchapter and achieves the standard set by the board.  This   subsection does not apply during any period for which the board   designates the questions developed for end-of-course assessment   instruments under Section 39.0233(a), as that section existed   before repeal by _.B. ___, Acts of the 89th Legislature, Regular   Session, 2025, as the primary assessment instrument under this   subchapter, except that the three-year period described by this   subsection remains in effect for students who qualify for an   exemption under this subsection before that period.          SECTION 23.  The following provisions of the Education Code   are repealed:                (1)  Sections 39.023(a-4), (a-15), (c-2), (c-6),   (c-7), (c-8), (c-9), and (d);                (2)  Section 39.0233;                (3)  Sections 39.025(a-1), (a-2), (a-3), and (e-1); and                (4)  Section 39.203(d).          SECTION 24.  As soon as practicable after the effective date   of this Act, each school district shall provide notice to an eighth   grade student under Section 39.025(g), Education Code, informing   the student of the specific requirements applicable to the student   under Sections 39.023(c) and 39.025(a), Education Code, as amended   by this Act.          SECTION 25.  This Act applies beginning with the 2027-2028   school year.          SECTION 26.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.   If this Act does not receive the vote necessary for immediate   effect, this Act takes effect September 1, 2025.