89R14639 MEW-F     By: Metcalf H.B. No. 3470       A BILL TO BE ENTITLED   AN ACT   relating to the administration of assessment instruments in public   schools, eliminating the requirement to use public school   assessment instruments as a criterion for promotion or graduation,   and the temporary suspension of certain accountability   determinations for a school district or campus in a school year in   which the operations of the district or campus are disrupted as a   result of a declared disaster.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.257(b), Education Code, is amended to   read as follows:          (b)  A charter granted under this subchapter must:                (1)  include a description of the adult education   program to be offered under this subchapter; and                (2)  establish specific, objective standards for   receiving a high school diploma, including[:                      [(A)] successful completion of:                      (A) [(i)]  if applicable to the program   participant, the curriculum requirements under Section 28.025; or                      (B) [(ii)]  the appropriate curriculum   requirements applicable to the program participant[; and                      [(B) satisfactory performance on the   standardized secondary exit-level assessment instrument described   by Section 12.260].          SECTION 2.  Section 12.258(a), Education Code, is amended to   read as follows:          (a)  A person who is at least 18 years of age and not more   than 50 years of age is eligible to enroll in an adult education   program operated under a charter granted under this subchapter if   the person:                (1)  has failed to complete the curriculum requirements   for high school graduation; or                (2)  has failed to perform satisfactorily on an   assessment instrument that, before the 2025-2026 school year, was   required for high school graduation.          SECTION 3.  Section 12.260(b), Education Code, is amended to   read as follows:          (b)  The commissioner, in cooperation with the advisory   committee established under Section 12.254,  shall determine the   level of performance considered to be satisfactory on the secondary   exit-level assessment instrument adopted under Subsection (a) [for   receipt of a high school diploma by a program participant in an   adult education program operated under a charter granted under this   subchapter].          SECTION 4.  Section 18.005(c), Education Code, is amended to   read as follows:          (c)  A Job Corps diploma program shall:                (1)  develop educational programs specifically   designed for persons eligible for enrollment in a Job Corps   training program established by the United States Department of   Labor;                (2)  coordinate educational programs and services in   the diploma program with programs and services provided by the   United States Department of Labor and other federal and state   agencies and local political subdivisions and by persons who   provide programs and services under contract with the United States   Department of Labor;                (3)  provide a course of instruction that includes the   required curriculum under Subchapter A, Chapter 28; and                (4)  [require that students enrolled in the diploma   program satisfy the requirements of Section 39.025 before receiving   a diploma under this chapter; and                [(5)]  comply with a requirement imposed under this   title or a rule adopted under this title relating to the Public   Education Information Management System (PEIMS) to the extent   necessary to determine compliance with this chapter, as determined   by the commissioner.          SECTION 5.  Section 19.0043(b), Education Code, is amended   to read as follows:          (b)  A student may graduate and receive a diploma from a   Windham School District educational program if:                (1)  the student successfully completes the curriculum   requirements identified by the State Board of Education under   Section 28.025(a) [and complies with Section 39.025]; or                (2)  the student successfully completes the curriculum   requirements under Section 28.025(a) as modified by an   individualized education program developed under Section 29.005.          SECTION 6.  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; and                      (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 7.  Section 28.021(c), Education Code, is amended to   read as follows:          (c)  In determining promotion under Subsection (a), a school   district shall consider:                (1)  the recommendation of the student's teacher;                (2)  the student's grade in each subject or course; and                (3)  [the student's score on an assessment instrument   administered under Section 39.023(a), (b), or (l), to the extent   applicable; and                [(4)]  any other necessary academic information, as   determined by the district.          SECTION 8.  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 9.  Sections 28.025(b-7), (c), and (e), Education   Code, are amended to read as follows:          (b-7)  The State Board of Education, in coordination with the   Texas Higher Education Coordinating Board, shall adopt rules to   ensure that a student may comply with the curriculum requirements   under the foundation high school program or for an endorsement   under Subsection (c-1) by successfully completing appropriate   courses in the core curriculum of an institution of higher   education under Section 61.822. Notwithstanding Subsection (b-15)   or (c) [of this section, Section 39.025,] or any other provision of   this code and notwithstanding any school district policy, a student   who has completed the core curriculum of an institution of higher   education under Section 61.822, as certified by the institution in   accordance with commissioner rule, is considered to have earned a   distinguished level of achievement under the foundation high school   program and is entitled to receive a high school diploma from the   appropriate high school as that high school is determined in   accordance with commissioner rule.  A student who is considered to   have earned a distinguished level of achievement under the   foundation high school program under this subsection may apply for   admission to an institution of higher education for the first   semester or other academic term after the semester or other   academic term in which the student completes the core curriculum.          (c)  A person may receive a diploma if the person is eligible   for a diploma under Section 28.0251.  In other cases, a student may   graduate and receive a diploma only if:                (1)  the student successfully completes the curriculum   requirements identified by the State Board of Education under   Subsection (a) and complies with Section [Sections] 28.0256 [and   39.025]; or                (2)  the student successfully completes an   individualized education program developed under Section 29.005.          (e)  Each school district shall report the academic   achievement record of students who have completed the foundation   high school program on transcript forms adopted by the State Board   of Education.  [The transcript forms adopted by the board must be   designed to clearly identify whether a student received a diploma   or a certificate of coursework completion.]          SECTION 10.  Sections 28.02541(a) and (d), Education Code,   are amended to read as follows:          (a)  This section applies only to a student who:                (1)  entered the ninth grade before the 2011-2012   school year; and                (2)  successfully completed the curriculum   requirements for high school graduation applicable to the student   when the student entered the ninth grade[;                [(3)  has not performed satisfactorily on an assessment   instrument or a part of an assessment instrument required for high   school graduation, including an alternate assessment instrument   offered under Section 39.025(c-2); and                [(4)  has been administered the assessment instrument   or the part of the assessment instrument for which the student has   not performed satisfactorily at least three times].          (d)  In adopting rules under Subsection (c)(2), the   commissioner may authorize as an alternative requirement:                (1)  [an alternative assessment instrument and   performance standard for that assessment instrument;                [(2)]  work experience; or                (2) [(3)]  military or other relevant life experience.          SECTION 11.  Section 28.02591(a), Education Code, is amended   to read as follows:          (a)  The Texas Higher Education Coordinating Board, in   coordination with the agency, shall collect longitudinal data   relating to the post-graduation pursuits of each student who is   awarded a diploma based on the determination of an individual   graduation committee under former Section 28.0258, as that section   existed on January 1, 2025, including whether the student:                (1)  enters the workforce;                (2)  enrolls in an associate degree or certificate   program at a public or private institution of higher education;                (3)  enrolls in a bachelor's degree program at a public   or private institution of higher education; or                (4)  enlists in the armed forces of the United States or   the Texas National Guard.          SECTION 12.  Section 29.081(b-1), Education Code, is amended   to read as follows:          (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 listed in   Section 39.023(c) [required for graduation].          SECTION 13.  Section 29.402(c), Education Code, is amended   to read as follows:          (c)  A public junior college under this section shall:                (1)  design a dropout recovery curriculum that includes   career and technology education courses that lead to industry or   career certification;                (2)  integrate into the dropout recovery curriculum   research-based strategies to assist students in becoming able   academically to pursue postsecondary education, including:                      (A)  high quality, college readiness instruction   with strong academic and social supports;                      (B)  secondary to postsecondary bridging that   builds college readiness skills, provides a plan for college   completion, and ensures transition counseling; and                      (C)  information concerning appropriate supports   available in the first year of postsecondary enrollment to ensure   postsecondary persistence and success, to the extent funds are   available for the purpose;                (3)  offer advanced academic and transition   opportunities, including dual credit courses and college   preparatory courses, such as advanced placement courses; and                (4)  coordinate with each partnering school district to   provide in the articulation agreement that the district retains   accountability for student attendance and[,] student completion of   high school course requirements[, and student performance on   assessment instruments] as necessary for the student to receive a   diploma from a high school of the partnering school district.          SECTION 14.  Section 30.021(e), Education Code, is amended   to read as follows:          (e)  The school shall cooperate with public and private   agencies and organizations serving students and other persons with   visual impairments in the planning, development, and   implementation of effective educational and rehabilitative service   delivery systems associated with educating students with visual   impairments. To maximize and make efficient use of state   facilities, funding, and resources, the services provided in this   area may include conducting a cooperative program with other   agencies to serve students who have graduated from high school by   completing all academic requirements applicable to students in   regular education[, excluding satisfactory performance under   Section 39.025,] who are younger than 22 years of age on September 1   of the school year and who have identified needs related to   vocational training, independent living skills, orientation and   mobility, social and leisure skills, compensatory skills, or   remedial academic skills.          SECTION 15.  Section 30.104(b), Education Code, is amended   to read as follows:          (b)  A student may graduate and receive a diploma from a   department educational program if:                (1)  the student successfully completes the curriculum   requirements identified by the State Board of Education under   Section 28.025(a) [and complies with Section 39.025]; or                (2)  the student successfully completes the curriculum   requirements under Section 28.025(a) as modified by an   individualized education program developed under Section 29.005.          SECTION 16.  Section 32.258(b), Education Code, is amended   to read as follows:          (b)  The system established under Subsection (a) shall   provide a means for a student or the student's parent or other   person standing in parental relationship to track the student's   progress on  assessment instruments administered under Section   39.023 [instrument requirements for graduation].          SECTION 17.  Section 39.003(a), Education Code, is amended   to read as follows:          (a)  The commissioner may authorize special investigations   to be conducted:                (1)  when excessive numbers of absences of students   eligible to be tested on state assessment instruments are   determined;                (2)  when excessive numbers of allowable exemptions   from the required state assessment instruments are determined;                (3)  in response to complaints submitted to the agency   with respect to alleged violations of civil rights or other   requirements imposed on the state by federal law or court order;                (4)  in response to established compliance reviews of   the district's financial accounting practices and state and federal   program requirements;                (5)  when extraordinary numbers of student placements   in disciplinary alternative education programs, other than   placements under Sections 37.006 and 37.007, are determined;                (6)  in response to an allegation involving a conflict   between members of the board of trustees or between the board and   the district administration if it appears that the conflict   involves a violation of a role or duty of the board members or the   administration clearly defined by this code;                (7)  when excessive numbers of students in special   education programs under Subchapter A, Chapter 29, are assessed   through assessment instruments developed or adopted under Section   39.023(b);                (8)  in response to an allegation regarding or an   analysis using a statistical method result indicating a possible   violation of an assessment instrument security procedure   established under Section 39.0301, including for the purpose of   investigating or auditing a school district under that section;                (9)  when a significant pattern of decreased academic   performance has developed as a result of the promotion in the   preceding two school years of students who did not perform   satisfactorily as determined by the commissioner under Section   39.0241(a) on assessment instruments administered under Section   39.023(a), (c), or (l);                (10)  when excessive numbers of students eligible to   enroll fail to complete an Algebra II course or any other advanced   course as determined by the commissioner;                (11)  when resource allocation practices as evaluated   under Section 39.0821 indicate a potential for significant   improvement in resource allocation;                (12)  when a disproportionate number of students of a   particular demographic group is graduating with a particular   endorsement under Section 28.025(c-1);                (13)  when an excessive number of students is   graduating with a particular endorsement under Section   28.025(c-1);                (14)  in response to a complaint submitted to the   agency with respect to alleged inaccurate data that is reported   through the Public Education Information Management System (PEIMS)   or through other reports required by state or federal law or rule or   court order and that is used by the agency to make a determination   relating to public school accountability, including accreditation,   under this chapter;                (15)  [when 10 percent or more of the students   graduating in a particular school year from a particular high   school campus are awarded a diploma based on the determination of an   individual graduation committee under Section 28.0258;                [(16)]  when a school district for any reason fails to   produce, at the request of the agency, evidence or an investigation   report relating to an educator who is under investigation by the   State Board for Educator Certification; or                (16) [(17)]  as the commissioner otherwise determines   necessary.          SECTION 18.  Section 39.023, Education Code, is amended by   amending Subsections (a), (c), and (c-2) and adding Subsection (q)   to read as follows:          (a)  The agency shall adopt or develop appropriate   criterion-referenced assessment instruments 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;   and                (3)  [social studies, in grade eight;                [(4)]  science, in grades five and eight[; and                [(5)  any other subject and grade required by federal   law].          (c)  The agency shall also adopt end-of-course assessment   instruments for secondary-level courses in reading, mathematics,   and science only as necessary to comply 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 Act   [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-2)  The agency 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.          (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 19.  Subchapter B, Chapter 39, Education Code, is   amended by adding Section 39.0239 to read as follows:          Sec. 39.0239.  ADMINISTRATION OF ASSESSMENT INSTRUMENTS AND   TEMPORARY SUSPENSION OF CERTAIN ACCOUNTABILITY MEASURES DURING   DISASTER. (a)  If a school district is located wholly or partly in   the area of a disaster declared by the president of the United   States under the Robert T. Stafford Disaster Relief and Emergency   Assistance Act (42 U.S.C. Section 5121 et seq.) or by the governor   under Chapter 418, Government Code, during a school year in which   district operations, including in-person attendance, are   disrupted, the commissioner shall apply to the United States   Department of Education for a waiver of the requirement under the   Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) to   administer assessment instruments during that school year for the   affected district.          (b)  If the United States Department of Education fails to   grant a waiver requested under Subsection (a), the assessment   instruments shall be administered as required under Section 39.023   during the applicable school year, but, notwithstanding any other   law, the commissioner may not consider the results of the   assessment instruments for purposes of evaluating school district   or campus performance under this chapter for the affected district   for the applicable school year, including in determining:                (1)  the accreditation status of a district under   Section 39.051;                (2)  the performance rating to assign to the district   or the district's campuses under Section 39.054; or                (3)  whether to impose any intervention or sanction   authorized by Chapter 39A after the applicable school year on the   district or the district's campuses.          SECTION 20.  The heading to Section 39.025, Education Code,   is amended to read as follows:          Sec. 39.025.  USE OF END-OF-COURSE ASSESSMENT INSTRUMENT    [SECONDARY-LEVEL PERFORMANCE REQUIRED].          SECTION 21.  Section 39.025(a), Education Code, is amended   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 an end-of-course assessment instrument listed in   Section 39.023(c) 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 end-of-course   assessment instrument 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]. The results of   the administration of an end-of-course assessment instrument   required under this subsection may not be used as criteria for   graduation. The results may be used only for the purpose of   diagnosing the academic strengths and deficiencies of a student and   guiding specific instruction 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 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.          SECTION 22.  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 listed   in Section 39.023(c) [required under this subchapter for   graduation].          SECTION 23.  Section 39.053(c), Education Code, is amended   to read as follows:          (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 those 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 enlist in the armed   forces of the United States or the Texas National Guard;                            (v)  students who earn industry   certifications;                            (vi)  students admitted into postsecondary   industry certification programs that require as a prerequisite for   entrance successful performance at the secondary level;                            (vii)  students whose successful completion   of a course or courses under Section 28.014 indicates the student's   preparation to enroll and succeed, without remediation, in an   entry-level general education course for a baccalaureate degree or   associate degree;                            (viii)  students who successfully met   standards on a composite of indicators that through research   indicates the student's preparation to enroll and succeed, without   remediation, in an entry-level general education course for a   baccalaureate degree or associate degree;                            (ix)  high school graduation rates, computed   in accordance with standards and definitions adopted in compliance   with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)   subject to the exclusions provided by Subsections (g), (g-1),   (g-2), (g-3), and (g-4);                            (x)  students who successfully completed an   OnRamps dual enrollment course;                            (xi)  students who successfully completed a   practicum or internship approved by the State Board of Education;                            (xii)  students who are awarded an associate   degree; and                            (xiii)  students who successfully completed   a program of study in career and technical education;                (2)  in the school progress domain, indicators for   effectiveness in promoting student learning, which must include:                      (A)  for assessment instruments, including   assessment instruments under Subdivisions (1)(A)(i) and (ii), the   percentage of students who met the standard for improvement, as   determined by the commissioner; and                      (B)  for evaluating relative performance, the   performance of districts and campuses compared to similar districts   or campuses; and                (3)  in the closing the gaps domain, the use of   disaggregated data to demonstrate the differentials among students   from different racial and ethnic groups, socioeconomic   backgrounds, and other factors, including:                      (A)  students formerly receiving special   education services;                      (B)  students continuously enrolled; and                      (C)  students who are mobile.          SECTION 24.  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 25.  The following provisions of the Education Code   are repealed:                (1)  Section 12.104(b-2);                (2)  Section 19.0043(c);                (3)  Sections 28.0211(o) and (p);                (4)  Sections 28.025(c-6) and (d);                (5)  Section 28.0258;                (6)  Section 28.0259;                (7)  Section 30.104(c);                (8)  Section 39.023(c-9); and                (9)  Sections 39.025(a-1), (a-2), (a-3), (a-4), (a-5),   (b), (c), (c-1), (c-2), (d), (e), (f), (f-1), (f-2), and (g).          SECTION 26.  (a) As soon as practicable after the effective   date of this Act, each school district that provided notice to an   eighth grade student during the 2024-2025 school year under Section   39.025(g), Education Code, as that section existed before its   repeal by this Act, shall send an updated notice to that student   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.          (b)  As soon as practicable after the effective date of this   Act, the commissioner of education shall determine the level of   performance considered to be satisfactory as required under Section   39.0241(a), Education Code, on the assessment instrument required   under Section 39.023(c), Education Code, as amended by this Act.          SECTION 27.  This Act applies beginning with the 2025-2026   school year.          SECTION 28.  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.