88S40136 KJE-D     By: Thompson of Brazoria H.B. No. 27       A BILL TO BE ENTITLED   AN ACT   relating to public school selection of an alternative assessment   instrument in place of state-administered assessment instruments.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 39.026, Education Code, is amended to   read as follows:          Sec. 39.026.  LOCAL OPTION.  (a)  Notwithstanding any other   provision of this title, a school district, in place of any [In   addition to the] assessment instruments required under Section   39.023 adopted by the agency and administered by the State Board of   Education, [a school district] may adopt and administer nationally   [criterion-referenced or] norm-referenced assessment instruments   selected by the district[, or both, at any grade level].          (b)  The commissioner shall adopt rules as necessary for the   administration of Subsection (a), including rules for using for   purposes of this code assessment instruments adopted under that   subsection in place of the assessment instruments otherwise   required under this subchapter.          (c)  If there is a conflict between Subsection (a) and   federal law or regulation, the agency shall seek a waiver from the   application of conflicting federal law or regulation.          (d)  In addition to the assessment instruments adopted by the   agency and administered by the State Board of Education or the   assessment instruments adopted and administered by the district   under Subsection (a), a school district may adopt and administer   criterion-referenced or norm-referenced assessment instruments at   any grade level.          (e)  An [A norm-referenced] assessment instrument adopted   under this section must be economical, nationally recognized, and   approved by the agency [state-approved].          SECTION 2.  This Act applies beginning with the 2024-2025   school year.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect on the 91st day after the last day of the   legislative session.