89R24365 AMF-D     By: Buckley, Bernal, Ashby, et al. H.B. No. 4     Substitute the following for H.B. No. 4:     By:  Buckley C.S.H.B. No. 4       A BILL TO BE ENTITLED   AN ACT   relating to public school accountability, including the   implementation of an instructionally supportive assessment program   and the adoption and administration of assessment instruments in   public schools, indicators of achievement and public school   performance ratings 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:          SECTION 1.  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 2.  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)  provides for progress monitoring;                (2)  is balanced, innovative, and streamlined; and                (3)  is 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)  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, 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 3.  Section 39.023, Education Code, is amended by   amending Subsections (a), (a-1), (a-2), (a-11), (a-12), (a-13),   (c), (c-1), (c-8), (e), and (h), and adding Subsections (a-5),   (a-10), (d-1), (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 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;                (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 and performance standards, with results   aggregated by grade level and student population category and at   the campus, district, and state levels;                      (B)  measures a student's annual through-year   instructional growth;                      (C)  fulfills the state's public school   accountability plan for purposes of satisfying federal public   school accountability requirements;                      (D)  provides valid, reliable, and useful   results; and                      (E)  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-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-10)  An assessment instrument adopted under Subsection   (a) must be administered as closely as possible to the following   schedule:                (1)  for a beginning-of-year assessment instrument,   between October 1 and October 31;                (2)  for a middle-of-year assessment instrument,   between January 13 and February 21; and                (3)  for an end-of-year assessment instrument, between   May 15 and May 30.          (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.          (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 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-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].          (d-1)  Under rules adopted by the State Board of Education   for the 2025-2026 and 2026-2027 school years and subject to   Subsection (e), the agency shall release the questions and answer   keys to each end-of-year or end-of-course 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 the applicable school year. This   subsection expires September 1, 2027.          (e)  Under rules adopted by the State Board of Education,   beginning with the 2027-2028 school year and every third year   thereafter, 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.]          (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.          (o-1)  The agency shall adopt the following optional   assessment instruments that a school district or open-enrollment   charter school may elect to administer:                (1)  an assessment instrument in social studies for   students in grade eight; and                (2)  an end-of-course assessment instrument for United   States history.          (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 4.  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,   first grade, or second grade may not be considered for any purpose   under this chapter or Chapter 39A.          SECTION 5.  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 applicable mathematics or reading [Algebra I   or the English I and English II] end-of-course assessment   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 or reading [Algebra I or   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 or reading   [Algebra I or English II] end-of-course assessment, as applicable.          SECTION 6.  Section 39.028, Education Code, is amended to   read as follows:          Sec. 39.028.  COMPARISON OF STATE RESULTS TO NATIONAL   RESULTS. The state assessment program shall obtain nationally   comparative results for the subject areas and grade levels for   which norm-referenced or criterion-referenced assessment   instruments are adopted under Section 39.023.          SECTION 7.  Subchapter C, Chapter 39, Education Code, is   amended by adding Section 39.0521 to read as follows:          Sec. 39.0521.  ASSIGNMENT OF PERFORMANCE RATINGS FOR   2025-2026 SCHOOL YEAR. (a)  Notwithstanding any other law, a   reference in this title to the overall performance rating assigned   to a district or campus under Section 39.054(a) or to a domain   performance rating assigned to a district or campus under that   subsection for the 2025-2026 school year means the higher of:                (1)  the overall performance rating or the applicable   domain performance rating the school district or campus received   for the 2024-2025 school year; or                (2)  the overall performance rating or the applicable   domain performance rating the school district or campus received   for the 2025-2026 school year.          (b)  This section expires August 31, 2026.          SECTION 8.  Section 39.053, Education Code, is amended by   amending Subsection (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 modify [periodically shall   review] the domains or performance indicators adopted under this   subchapter only with the express approval of the legislature [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, 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;                (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 9.  Section 39.054, Education Code, is amended by   amending Subsections (a-1) and (b) and adding Subsections (f) and   (g) to read as follows:          (a-1)  For purposes of assigning an overall performance   rating for a district or campus under Subsection (a), the   commissioner shall:                (1)  consider either the district's or campus's   performance rating under the student achievement domain under   Section 39.053(c)(1) or the school progress domain under Section   39.053(c)(2), whichever performance rating is higher, unless the   district or campus received a performance rating of F in either   domain, in which case the district or campus may not be assigned a   performance rating higher than a B for the composite for the two   domains; [and]                (2)  for campuses that serve students in   prekindergarten through eighth grade, attribute not less than 10   percent of the performance rating under the student achievement   domain under Section 39.053(c)(1) or the school progress domain   under Section 39.053(c)(2), whichever performance rating is   higher, to the student engagement and workforce development   indicators described by Section 39.053(c-4) and approved by the   commissioner under Section 39.053(c-5);                (3)  attribute not more [less] than five [30] percent   of the performance rating to the closing the gaps domain under   Section 39.053(c)(3);                (4)  for campuses that serve grades three through   eight, attribute not less than 50 percent of the domain performance   rating for the student achievement domain under Section   39.053(c)(1) to the indicators adopted under Section   39.053(c)(1)(A); and                (5)  for campuses that serve grades 9 through 12, for   the student achievement domain under Section 39.053(c)(1),   attribute not more than:                      (A)  40 percent of the domain performance rating   to the indicators adopted under Section 39.053(c)(1)(A);                      (B)  40 percent of the domain performance rating   to the college, career, and military readiness indicators adopted   under Section 39.053(c)(1)(B); and                      (C)  20 percent of the domain performance rating   to graduation rates.          (b)  For purposes of assigning school districts and campuses   an overall and a domain performance rating under Subsection (a),   the commissioner shall ensure that:                (1)  if the agency adds or removes an assessment   instrument on which student performance is evaluated for the   purpose of assigning district and campus performance ratings or   makes significant revisions to the state's assessment program, the   agency reviews, adjusts, and recalculates the cut scores and   standards used in evaluating district and campus performance to   ensure fairness and consistency in the assignment of district and   campus performance ratings;                (2)  each campus domain performance rating has minimal   or no statistical correlation to the percentage of educationally   disadvantaged students enrolled at the campus in order to identify   effective campuses regardless of student family income;                (3)  any changes made to the college, career, or   military readiness indicators adopted under Section   39.053(c)(1)(B) or to the methodology that relies on data from   those indicators for the preceding school year take effect   beginning with students entering ninth grade in the school year   immediately following the change, regardless of whether the change   was made statutorily or by commissioner rule;                (4)  a campus that is in the first year of operation,   that is assigned a new campus identification number, or that is   significantly impacted by demographic shifts due to rezoning,   closure, or consolidation is not evaluated in the closing the gaps   domain under Section 39.053(c)(3) for the first year following the   applicable event; and                (5)  the method used to evaluate performance is   implemented in a manner that provides the mathematical possibility   that all districts and campuses receive an A rating.          (f)  If the provisions of the Every Student Succeeds Act (20   U.S.C. Section 6301 et seq.) regarding public school accountability   and assessment requirements are repealed or otherwise no longer   have effect, the commissioner shall reallocate any percentage of   the overall performance ratings attributable to the indicators   adopted under Section 39.053(c)(3) to the student engagement and   workforce development indicators described by Section 39.053(c-4),   if applicable.          (g)  If the agency fails to assign a performance rating to a   school district or campus before the deadline established by   Subsection (a-3), the district or campus shall be automatically   reissued the performance rating assigned to the district or campus   for the preceding school year. A performance rating assigned under   this subsection remains in effect for all official purposes,   including any interventions or sanctions under Chapter 39A, until   the agency assigns the district or campus a new rating.          SECTION 10.  Section 39.0541, Education Code, is amended to   read as follows:          Sec. 39.0541.  ADOPTION OF [INDICATORS AND] STANDARDS. (a)   The commissioner shall [may] adopt performance [indicators and]   standards under Sections 39.0241 and 39.053(f) not later than the   July 15 immediately preceding the school year for which the   commissioner intends to assign school district and campus   performance ratings under Section 39.054 based on those standards   [this subchapter at any time during a school year before the   evaluation of a school district or campus].          (b)  The commissioner may modify the standards, methods,   measures, or procedures used to evaluate school districts and   campuses and assign performance ratings on or after the date   described by Subsection (a) only with the express approval of the   legislature.          SECTION 11.  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 12.  Section 39.0544, Education Code, is amended by   adding Subsections (f) and (g) 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.          (g)  The commissioner may adopt rules as necessary to   implement this section, including rules applying to a school   district applying for a grant under Subsection (f). If the   commissioner awards a grant to a district and has not adopted rules   applying to the district, the district may select and collaborate   with a third-party organization with expertise in assessment and   accountability to develop a local accountability plan.          SECTION 13.  Subchapter F, Chapter 39, Education Code, is   amended by adding Section 39.152 to read as follows:          Sec. 39.152.  LIMITATION ON ACTIONS CHALLENGING CERTAIN   AGENCY DECISIONS; EXPEDITED APPEALS. (a)  A school district or   open-enrollment charter school may bring an action challenging a   decision that is made by the agency under this chapter and that is   based on the lawful exercise of discretion granted to the agency by   the legislature only if the district's or school's petition alleges   the agency's decision is unconstitutional, arbitrary, capricious,   or without lawful authority.          (b)  In an action brought by a school district or   open-enrollment charter school described by Subsection (a), a trial   court shall expedite the action and render a final order or judgment   not later than the 60th day after the date each defendant has filed   an answer or other pleading responsive to the petition. The trial   court may extend the time period within which the court must render   a final order or judgment under this subsection by not more than 30   additional days for good cause. The trial court may set deadlines   for discovery, briefing, trial, and all other proceedings necessary   to render a final order or judgment in accordance with this   subsection.          (c)  If a final order or judgment described by Subsection (b)   is appealed, the appellate court shall expedite the appeal and   render a final order or judgment not later than the 60th day after   the date the appeal is filed. The appellate court may extend the   time period within which the court must render a final order or   judgment under this subsection by not more than 30 additional days   for good cause. The appellate court may set deadlines for briefing,   oral argument, and all other proceedings necessary to render a   final order or judgment in accordance with this subsection.          SECTION 14.  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 15.  Section 39.023(c-9), Education Code, is   repealed.          SECTION 16.  Section 39.152, Education Code, as added by   this Act, applies to an action filed on or after September 1, 2025.   An action filed before September 1, 2025, is governed by the law in   effect on the date the action was filed, and the former law is   continued in effect for that purpose.          SECTION 17.  Except as otherwise provided by this Act, this   Act applies beginning with the 2025-2026 school year.          SECTION 18.  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.