HB 4 — Relating to the assessment of public school students, public school accountability and actions, and proceedings challenging the operations of the public school system.

Summary

Relating to the assessment of public school students, public school accountability and actions, and proceedings challenging the operations of the public school system.

Bill Text

Compared against the Texas statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 24 section(s) of the Texas statutes: Section 7.056(e), Education Code, Section 7.057(d), Education Code, Section 11.182(b), Education Code, Section 39.022, Education Code, Section 39.0225, Education Code, Section 39.0238(b), Education Code.

• Section 7.056(e), Education Code

  or participation in a University Interscholastic League area, regional, or state competition under Section 33.0812

  amended

• Section 7.057(d), Education Code

  under this section

  amended

• Section 11.182(b), Education Code

  39.102(a) → 39A.002

  amended

• Section 39.022, Education Code

  INSTRUCTIONALLY SUPPORTIVE

  amended

• Section 39.022, Education Code

  State Board of Education by rule that is knowledge- and skills-based After adopting rules under this section, the State Board of Education adopting any subsequent modification of the rules → agency balanced and streamlined for assessment instruments administered under this subchapter : (1) is aligned with the essential knowledge and skills adopted by the State Board of Education under Section 28.002; (2) ; and (3) supports classroom instruction (a-1) The agency modifying the program (c) The assessment program implemented under this section must include: (1) assessment instruments administered under Sections 39.023(a), (c), and (l); (2) optional interim assessment instruments described by Section 39.023(o); and (3) technical assistance and guidance to school districts and open-enrollment charter schools for implementing the assessment program, including assistance and guidance on: (A) implementing a comprehensive assessment strategy that: (i) improves student performance and promotes mastery of the essential knowledge and skills; and (ii) informs educators regarding assessment requirements; and (B) reducing the assessment burden on students and school personnel.

  amended

• Section 39.0225, Education Code

  Sec. 39.0225. REDESIGN OF ASSESSMENT INSTRUMENTS. (a) The agency shall redesign the assessment instruments administered under this subchapter to incorporate improvements identified in reports submitted under Section 39.0236(d). To the extent practicable, the agency shall: (1) reduce the length of the assessment instruments; (2) begin administration of the redesigned assessment instruments with assessment instruments administered during the 2026 spring semester; and (3) begin providing technical assistance and guidance under Section 39.022(c) to school districts and open-enrollment charter schools regarding the redesigned assessment instruments in the 2026-2027 school year. (b) This section expires September 1, 2028.

  added

• State Board of Education State Board of Education 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). 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 Beginning with the 2022-2023 school year, not State Board of Education , under board rule, State Board of Education 39.022 State Board of Education not be required to → the advisory committees established under Section 39.02302 or , as determined by the commissioner, agency agency The agency shall adopt a schedule for the administration of assessment instruments under this section for each school year and, to the extent practicable, provide the schedule to each school district and open-enrollment charter school two years before the school year to which the schedule applies. To the extent practicable and for the purpose of mitigating local scheduling conflicts, including University Interscholastic League athletic competitions, the schedule adopted under this section must establish testing windows for the administration of each assessment instrument and allow a district or school to administer an assessment instrument on any date selected by the district or school that falls within the testing window for the instrument Not To the extent practicable, the agency shall include classroom teachers in the process of scoring questions not presented in a multiple choice format. agency agency 39.001 agency to students enrolled at the district or school

  amended

• Section 39.0238(b), Education Code

  State Board of Education → agency

  amended

• Section 39.026, Education Code

  and administered by the State Board of Education → and administered

  amended

• Section 39.027(b), Education Code

  State Board of Education → agency

  amended

• Section 39.029, Education Code

  State Board of Education → agency

  amended

• Section 39.030(a), Education Code

  State Board of Education State Board of Education → agency agency

  amended

• State Board of Education State Board of Education → agency agency

  amended

• Section 39.054(b-1), Education Code

  Section 39.052(b)(2)(B) → Subsection (b)(2)(B)

  amended

• Section 39.053, Education Code

  enlist standard for the current school year achievement section. In , the establish and modify standards to ensure is a national leader → and may, if the commissioner determines an indicator otherwise required under this subchapter is not valid or reliable, exclude the indicator from the set of indicators adopted under this section demonstrate military readiness: (a) through verified enlistment or (b) by achieving a passing score set by the commissioner on the Armed Services Vocational Aptitude Battery Test and successfully completing a Junior Reserve Officer Training Corps program; (c-4) The agency shall study the college, career, and military readiness indicators adopted under Subsection (c) to determine the correlation of each indicator with postsecondary success, including the correlation of industry certifications with wages and available jobs. The value assigned to each indicator must be: (1) based on the strength of the indicator's correlation with successful outcomes; and (2) updated in accordance with Subsection (f-1). and may modify standards subchapter in . The increase the rigor by which the commissioner determines the overall performance ratings under Section 39.054(a) , not later than the 15th year after the date the commissioner modifies the performance standards under Subsection (f-1), : (1) ; (2) ensuring ranks nationally the top five states in and on the National Assessment of Educational Progress or its successor assessment (f-1) Beginning with the indicators adopted for the 2027-2028 school year and as required to meet the goals under Subsection (f), the commissioner shall increase the scores needed to achieve performance standards on indicators adopted under this subchapter only every fifth school year unless an indicator adopted under Subsection (c) requires adjustment before that school year to ensure consistency of performance standards. (f-2) To the extent practicable, for each of the two school years preceding a school year the commissioner increases a score under Subsection (f-1), the commissioner shall report, in a manner that can be reviewed by school administrators, the overall performance of school districts and campuses under that increased score. (f-3) In reporting the performance of school districts and campuses on indicators adopted under this subchapter for a school year in which the score needed to achieve performance standards on one or more of those indicators was increased under Subsection (f-1), the commissioner shall include in the report an informational report on the performance of districts and campuses during the preceding school year under the increased score. (f-4) Notwithstanding Subsection (f), the commissioner may define state standards for an indicator adopted under this subchapter for multiple school years provided that the commissioner annually affirms that those standards are applicable to the current school year. The commissioner is not required to adopt the affirmation described by this subsection by rule.

  amended

• Section 39.0531, Education Code

  Sec. 39.0531. INDUSTRY CERTIFICATION LIST. (a) The agency shall maintain a list of industry certifications that are eligible for purposes of Section 39.053(c)(1)(B)(v). In developing the list, the agency shall consider the inventory of industry-recognized certifications developed under Section 312.003, Labor Code. The certifications must: (1) be aligned to a program of study that, according to labor market data, prepares students for high-wage, high-skill, in-demand occupations; (2) allow students to demonstrate mastery of the skills required for occupations within an approved program of study; and (3) be obtained through an assessment of the knowledge and skills provided by or determined by an independent, third-party certifying entity using predetermined standards for knowledge, skills, and competencies. (b) The agency shall review the eligibility of industry certifications under Subsection (a), including whether the programs of study for those certifications still meet the requirements under that subsection: (1) in consultation with the advisory council established under Chapter 312, Labor Code; and (2) to the extent practicable, concurrently with the modification of performance standards under Section 39.053(f-1). (c) If, after reviewing an industry certification under Subsection (b), the agency determines the certification is no longer eligible for purposes of Section 39.053(c)(1)(B)(v) and should be removed from the list maintained under Subsection (a), the agency shall, to the extent practicable, post on the agency's Internet website information regarding the removal of the certification not later than two years before the date the agency intends to remove the certification from the list. (d) During the three years following an agency's determination under Subsection (c) that an industry certification is no longer eligible for purposes of Section 39.053(c)(1)(B)(v), a school district may receive the benefit of achievement indicators based on that industry certification for purposes of Section 39.053(c) only for a cohort of students who: (1) were participating in the program of study aligned with that certification during the school year the agency determines the certification is no longer eligible; and (2) earn the certification within the three-year period.

  added

• Section 39.054, Education Code

  Not → , each school year, each school year, Except as provided by Subsection (c), not and except as provided by Subsection (a-6) Any interventions or sanctions to which a school district or campus is subject under Chapter 39A shall continue during a period in which the district or campus is assigned an overall performance rating of "Not Rated." (a-6) The commissioner may not assign an overall performance rating of "Not Rated" to all school districts or all campuses on a statewide basis. , to the extent practicable, (c) The commissioner shall make the information under Subsection (a-3) available as soon as reasonably possible in years in which the standards are modified or recalibrated or in which a new assessment instrument is offered. (d) Failure to assign a performance rating to a school district or campus before the deadline provided by Subsection (a-3) does not invalidate the performance rating assigned to the district or campus or any resulting intervention or sanction imposed on the district or campus.

  amended

• Section 39.0541, Education Code

  during a school year → issuing

  amended

• Section 39.0542, Education Code

  Each school year, the for that school year → The (d) Failure to provide the document described by Subsection (a) does not prevent the assignment of performance ratings under Section 39.054 and may not be the basis of a challenge to a performance rating assigned under that section.

  amended

• Section 39.151(e), Education Code

  if had an opportunity to challenge the decision → on any basis, including a lack of commissioner or agency authority, unless exhausted the district's or school's remedies

  amended

• Section 39.201(a), Education Code

  Not later than August 8 of each year, the 39.054(a) → The concurrently with the assignment of performance ratings under Section 39.054 39.054

  amended

• Section 39.231, Education Code

  Sec. 39.231. LOCAL ACCOUNTABILITY GRANT PROGRAM. (a) From money appropriated or otherwise available for the purpose, the agency shall establish a grant program with capacity to assist at least one school district per education service center region in developing a local accountability system that complies with the requirements of Section 39.0544. (b) The commissioner shall adopt rules to implement this section.

  added

• Section 39, Education Code

  or → ; or (3) a school district initiates or maintains an action or proceeding against the state or an agency or officer of the state

  amended

• Section 39, Education Code

  Sec. 39A.008. INTERVENTION RELATED TO SCHOOL DISTRICT OR OPEN-ENROLLMENT CHARTER SCHOOL ACTION OR PROCEEDING AGAINST STATE. (a) This section applies to a school district or open-enrollment charter school subject to commissioner action under Section 39A.001(3). (b) The commissioner shall appoint a conservator to a school district or open-enrollment charter school to which this section applies. (c) The conservator appointed under Subsection (b) shall require the school district or open-enrollment charter school to demonstrate, by a deadline established by the conservator, that the district or school is in compliance with Sections 45.105(c-1) and 45.1051. If the conservator determines that the district or school is not in compliance with those sections, the conservator shall order the district or school to, as applicable: (1) withdraw from the action or proceeding; or (2) take the necessary actions to come into compliance with Section 45.1051. (d) If a school district or open-enrollment charter school fails to comply with an order by the conservator by the deadline established by the conservator, the commissioner may: (1) for a school district, appoint a board of managers to oversee the operations of the district; or (2) for an open-enrollment charter school, order reconstitution of the school's governing board. (e) An action taken or decision made by the commissioner or a conservator under this section is final and not subject to appeal under Section 7.057, Chapter 39, or this chapter.

  added

• Section 39, Education Code

  Sec. 39A.908. INTERVENTIONS AND SANCTIONS WHILE ASSIGNMENT OF PERFORMANCE RATINGS ENJOINED. (a) Notwithstanding any other law, during a period in which the agency is enjoined from assigning performance ratings to a school district, open-enrollment charter school, or district or school campus, any previously imposed interventions or sanctions to which the district, school, or campus is subject shall continue throughout that period. (b) As soon as practicable after the dissolution of an injunction described by Subsection (a), the agency shall: (1) assign performance ratings for each school year and to each school district, open-enrollment charter school, and district or school campus for which the agency was enjoined from assigning performance ratings; and (2) as applicable, impose any appropriate interventions or sanctions authorized under this chapter based on the ratings assigned under Subdivision (1). (c) Notwithstanding any other law, if the agency is permanently enjoined from assigning performance ratings to a school district, open-enrollment charter school, or district or school campus for a school year, the agency shall consider the district, school, or campus to have received a "Not Rated" rating for that school year for purposes of: (1) calculating consecutive years of performance; and (2) determining whether to impose an intervention or sanction authorized under this chapter. (d) To ensure the expeditious implementation of interventions or sanctions under this chapter, the agency may modify or waive a deadline or time frame required by law or agency rule applicable to the assignment of performance ratings for a school year for which the agency was enjoined from assigning performance ratings. (e) Except as provided by Subsection (f), the agency shall impose an intervention or sanction described by Subsection (b)(2) or (c)(2) as required by law unless the intervention or sanction, as determined by the commissioner: (1) has been superseded by a subsequent intervention or sanction; or (2) may be removed based on the subsequent performance of a school district, open-enrollment charter school, or district or school campus. (f) The commissioner shall impose an intervention described by Section 12.115(c), 39A.004, or 39A.111, as applicable, on a school district, open-enrollment charter school, or district or school campus if the district, school, or campus would have been subject to commissioner action under the applicable section based on the performance rating of the district, school, or campus for a school year for which the agency was enjoined from assigning performance ratings, regardless of the performance of the district, school, or campus in a subsequent school year. (g) The commissioner shall revoke a charter holder's charter for an open-enrollment charter school for which the charter holder received a charter renewal based on the absence of a performance rating for a school year for which the agency was enjoined from assigning a performance rating if, after the assignment of performance ratings for that year, the charter would not have been renewed under Section 12.1141(d), regardless of the performance of the school in a subsequent school year.

  added

• Section 45.105(c-1), Education Code

  Funds described by Subsection (c) arising out of a decision, order, or determination that is final and unappealable under a provision of this code a rule adopted under this code and that results in a final and unappealable decision, order, or determination → Notwithstanding any other law, federal, state, or local funding, including funding under Chapters 46, 48, and 49, , including an action or proceeding that includes a claim of ultra vires conduct by Section 2001.038, Government Code

  amended

• Section 45.1051, Education Code

  Sec. 45.1051. LIMITATION ON ATTORNEY PAYMENTS FOR CERTAIN ACTIONS. (a) If a school district or open-enrollment charter school brings an action against the agency, the State Board of Education, or the State Board for Educator Certification or an agent or officer of those entities that alleges ultra vires conduct by the entity or an agent or officer of the entity, the district or school must deposit all payments relating to the action made to the district's or school's attorney in an escrow account. The district or school may use money deposited in the escrow account to pay the district's or school's attorney only: (1) after: (A) a final judgment is rendered; and (B) all appeals are fully resolved; and (2) if the district or school prevails in the action. (b) A school district or open-enrollment charter school shall provide money deposited in an escrow account under this section that may not be paid to the district's or school's attorney under Subsection (a) after the rendering of a final judgment and the resolution of all appeals to the state for deposit in the foundation school fund. (c) This section may not be interpreted to authorize an action not otherwise authorized by law.

  added

• Section 22, Government Code

  , including challenges to the implementation of the public school accountability system under Chapter 39, Education Code

  amended

• Section 312.003, Labor Code

  CREDENTIALS AND CERTIFICATES → CERTIFICATIONS

  amended

• credentials and certificates and credential or certificate credential or certificate credential or certificate credential or certificate credential or certificate → certifications ; and (3) meet the requirements of Section 39.0531(a), Education Code certification certification certification certification the Texas Education Agency, certification

  amended

Action History

1. May 29, 2025

   Senate appoints conferees-reported

2. May 29, 2025

   Senate grants request for conf comm-reported

3. May 29, 2025

   Senate appoints conferees

4. May 29, 2025

   Senate grants request for conference comm.

5. May 29, 2025

   House appoints conferees-reported

6. May 29, 2025

   House requests conference committee-reported

7. May 29, 2025

   House refuses to concur-reported

8. May 29, 2025

   House appoints conferees

9. May 29, 2025

   House requests conference committee

10. May 29, 2025

    House refuses to concur in Senate amendments

11. May 28, 2025

    Senate Amendments Analysis distributed

12. May 28, 2025

    Senate Amendments distributed

13. May 28, 2025

    Senate passage as amended reported

14. May 27, 2025

    Record vote

15. May 27, 2025

    Passed

16. May 27, 2025

    Read 3rd time

17. May 27, 2025

    Record vote

18. May 27, 2025

    Three day rule suspended

19. May 27, 2025

    Record vote

20. May 27, 2025

    Read 2nd time & passed to 3rd reading

21. May 27, 2025

    Record vote

22. May 27, 2025

    Rules suspended-Regular order of business

23. May 27, 2025

    Co-sponsor authorized

24. May 26, 2025

    Placed on intent calendar

25. May 25, 2025

    Committee report printed and distributed

26. May 25, 2025

    Reported favorably as substituted

27. May 23, 2025

    Vote taken in committee

28. May 23, 2025

    Considered in public hearing

29. May 23, 2025

    Co-sponsor authorized

30. May 22, 2025

    Left pending in committee

31. May 22, 2025

    Testimony taken in committee

32. May 22, 2025

    Considered in public hearing

33. May 22, 2025

    Scheduled for public hearing on . . .

34. May 14, 2025

    Referred to Education K-16

35. May 14, 2025

    Read first time

36. May 14, 2025

    Received from the House

37. May 13, 2025

    Reported engrossed

38. May 13, 2025

    Statement(s) of vote recorded in Journal

39. May 13, 2025

    Record vote

40. May 13, 2025

    Passed

41. May 13, 2025

    Statement(s) of vote recorded in Journal

42. May 13, 2025

    Record vote

43. May 13, 2025

    Amendment fails of adoption

44. May 13, 2025

    Read 3rd time

45. May 12, 2025

    Statement(s) of vote recorded in Journal

46. May 12, 2025

    Record vote

47. May 12, 2025

    Passed to engrossment as amended

48. May 12, 2025

    Amended

49. May 12, 2025

    Amended

50. May 12, 2025

    Amended

51. May 12, 2025

    Amended

52. May 12, 2025

    Amended

53. May 12, 2025

    Amendment adopted as amended

54. May 12, 2025

    Amendment amended

55. May 12, 2025

    Amendment(s) offered

56. May 12, 2025

    Read 2nd time

57. May 11, 2025

    Placed on Major State Calendar

58. May 09, 2025

    Considered in Calendars

59. May 09, 2025

    Committee report sent to Calendars

60. May 08, 2025

    Committee report distributed

61. May 08, 2025

    Comte report filed with Committee Coordinator

62. April 30, 2025

    Reported favorably as substituted

63. April 30, 2025

    Testimony taken/registration(s) recorded in committee

64. April 30, 2025

    Committee substitute considered in committee

65. April 30, 2025

    Considered in public hearing

66. April 29, 2025

    Scheduled for public hearing on . . .

67. February 25, 2025

    Referred to Public Education

68. February 25, 2025

    Read first time

69. February 20, 2025

    Filed

Sponsors

• Ken King · Cosponsor
• Jr. Sergio Muñoz · Cosponsor
• David Cook · Cosponsor
• Brad Buckley · Primary
• Diego Bernal · Cosponsor
• Trent Ashby · Cosponsor
• James B. Frank · Cosponsor
• Jeff Barry · Cosponsor
• Cecil Bell · Cosponsor
• Keith Bell · Cosponsor
• Greg Bonnen · Cosponsor
• Ben Bumgarner · Cosponsor
• Angie Button · Cosponsor
• Briscoe Cain · Cosponsor
• Giovanni Capriglione · Cosponsor
• Philip Cortez · Cosponsor
• Tom Craddick · Cosponsor
• Charles Cunningham · Cosponsor
• Pat Curry · Cosponsor
• Drew Darby · Cosponsor
• Jay Dean · Cosponsor
• Mano DeAyala · Cosponsor
• Mark Dorazio · Cosponsor
• Paul Dyson · Cosponsor
• Caroline Fairly · Cosponsor
• Gary Gates · Cosponsor
• Stan Gerdes · Cosponsor
• Jessica González · Cosponsor
• Ryan Guillen · Cosponsor
• Sam Harless · Cosponsor
• Cody Harris · Cosponsor
• Caroline Harris Davila · Cosponsor
• Richard Hayes · Cosponsor
• Cole Hefner · Cosponsor
• Hillary Hickland · Cosponsor
• Janis Holt · Cosponsor
• Lacey Hull · Cosponsor
• Todd Hunter · Cosponsor
• Carrie Isaac · Cosponsor
• Venton Jones · Cosponsor
• Helen Kerwin · Cosponsor
• Stan Kitzman · Cosponsor
• Marc LaHood · Cosponsor
• Stan Lambert · Cosponsor
• Brooks Landgraf · Cosponsor
• Jeff Leach · Cosponsor
• Janie Lopez · Cosponsor
• AJ Louderback · Cosponsor
• David Lowe · Cosponsor
• J. M. Lozano · Cosponsor
• John Lujan · Cosponsor
• Shelley Luther · Cosponsor
• Trey Martinez Fischer · Cosponsor
• Don McLaughlin · Cosponsor
• John McQueeney · Cosponsor
• Will Metcalf · Cosponsor
• Morgan Meyer · Cosponsor
• Brent Money · Cosponsor
• Eddie Morales · Cosponsor
• Matt Morgan · Cosponsor
• Candy Noble · Cosponsor
• Tom Oliverson · Cosponsor
• Claudia Ordaz · Cosponsor
• Angelia Orr · Cosponsor
• Dennis Paul · Cosponsor
• Katrina Pierson · Cosponsor
• Mihaela Plesa · Cosponsor
• Richard Peña Raymond · Cosponsor
• Keresa Richardson · Cosponsor
• Nate Schatzline · Cosponsor
• Matt Shaheen · Cosponsor
• John Smithee · Cosponsor
• Valoree Swanson · Cosponsor
• Carl Tepper · Cosponsor
• Steve Toth · Cosponsor
• Ellen Troxclair · Cosponsor
• Chris Turner · Cosponsor
• Cody Vasut · Cosponsor
• Wilson · Cosponsor
• Denise Villalobos · Cosponsor
• Wes Virdell · Cosponsor
• Trey Wharton · Cosponsor
• Jared Patterson · Cosponsor
• Ron Reynolds · Cosponsor
• Ana-María Rodríguez Ramos · Cosponsor
• Joanne Shofner · Cosponsor
• Shelby Slawson · Cosponsor
• David Spiller · Cosponsor
• Leo Wilson · Cosponsor

Votes

Subjects