SB 9 — Relating to public school accountability and transparency, including the implementation of an instructionally supportive assessment program and the adoption and administration of assessment instruments in public schools, indicators of achievement, public school performance ratings, and interventions and sanctions 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.

(d)AADuring(a) the2-62 2025-2026,Except 2026-2027,as andotherwise 2027-2028provided schoolby years,this section, not later than the agency,2-63 schoolbeginning districts,of andthe open-enrollment2027-2028 charterschool schoolsyear, shallthe conductagency anyshall fieldtransition testing2-64 ofthe questionsprogram for assessment instruments proposedadministered tounder bethis adopted2-65 orsubchapter developedfrom underthe SectionState 39.023of necessaryTexas toAssessment implementof Academic Readiness 2-66 (STAAR) assessment program to the transitioninstructionally undersupportive this2-67 section.assessment program described by Section 39.022.

(e)AANot2-68 later(b)AAThe than February 15, 2027, the agency shall submitcontract towith thea governor,nationally therecognized lieutenant2-69 governor,provider the speaker of theassessment houseinstruments offor representatives, and the chairspurpose of themaking standing legislative committees with primary jurisdiction over public school assessments a report regarding the statusS.B.ANo.A9 of3-1 thetransition implementation of the instructionally supportive assessment program described by SectionSubsection 39.022.(a).

(f)3-2 AAThis(c)AAStudents sectionshall expirescontinue Septemberto 1,be 2029.assessed under the State 3-3 of Texas Assessment of Academic Readiness (STAAR) assessment 3-4 program until the instructionally supportive assessment program 3-5 described by Section 39.022 is available beginning with the 3-6 2027-2028 school year.

Sec.3-7 (d)AADuring the 2025-2026, 2026-2027, and 2027-2028 school 3-8 years, the agency, school districts, and open-enrollment charter 3-9 schools shall conduct any field testing of questions for assessment 3-10 instruments proposed to be adopted or developed under Section 3-11 39.023 necessary to implement the transition under this section.

A39.0226.AAASSESSMENT3-12 INSTRUMENT(e)AANot STUDY.later than February 15, 2027, the agency shall 3-13 submit to the governor, the lieutenant governor, the speaker of the 3-14 house of representatives, and the chairs of the standing 3-15 legislative committees with primary jurisdiction over public 3-16 school assessments a report regarding the status of the 3-17 implementation of the instructionally supportive assessment 3-18 program described by Section 39.022.

(a)3-19 The(f)AAThis commissionersection shallexpires enterSeptember into1, a2029. memorandum of understanding with a public institution of higher education to conduct a study on items proposed to be included in an assessment instrument required to be administered under Section 39.023(a) under the instructionally supportive assessment program described by Section 39.022.

The3-20 S.B.ANo.A9Sec.A39.0226.AAASSESSMENT studyINSTRUMENT mustSTUDY. determine whether, for each item that is designed to be on grade level, the item:

(1)AAis(a) writtenThe at3-21 commissioner shall enter into a readingmemorandum levelof appropriateunderstanding forwith studentsa at3-22 thatpublic gradeinstitution level;of higher education to conduct a study on items 3-23 proposed to be included in an assessment instrument required to be 3-24 administered under Section 39.023(a) under the instructionally 3-25 supportive assessment program described by Section 39.022.

andThe (2)AAincludes3-26 only:study must determine whether, for each item that is designed to be 3-27 on grade level, the item:

(A)AApassages,3-28 questions,(1)AAis answers,written orat othera contentreading alignedlevel withappropriate the essential knowledge and skills adopted by the State Board of Education under Section 28.002 for the3-29 applicablestudents subjectat for that grade level or a previous grade level;

and (B)AApassages3-30 written(2)AAincludes atonly: a reading level not higher than that grade level.

(b)3-31 AANot(A)AApassages, laterquestions, thananswers, Decemberor 1,other 2028,3-32 thecontent commissioneraligned shallwith submit to the legislatureessential knowledge and theskills chairsadopted ofby 3-33 the standingState legislativeBoard committeesof withEducation primaryunder jurisdictionSection over28.002 primaryfor andthe secondary3-34 educationapplicable asubject reportfor that includesgrade thelevel resultsor ofa theprevious studygrade conductedlevel; under Subsection (a).

(c)AAThis3-35 sectionand expires3-36 December(B)AApassages 31,written 2028.at a reading level not 3-37 higher than that grade level.

SECTION3-38 A1.004.AASection(b)AANot 39.023,later Educationthan Code,December is1, amended2028, bythe amendingcommissioner Subsectionsshall (a),3-39 (a-3),submit (c),to (h),the (i),legislature and (l)the chairs of the standing 3-40 legislative committees with primary jurisdiction over primary and adding3-41 Subsectionsecondary (q)education toa readreport asthat follows:includes the results of the study 3-42 conducted under Subsection (a).

(a)AAIn3-43 creating(c)AAThis andsection implementingexpires theDecember instructionally31, supportive2028. assessment program under Section 39.022, the [The] agency shall adopt or develop appropriate beginning-of-year, middle-of-year, and end-of-year [criterion-referenced] assessment instruments designed to assess essential knowledge and skills in reading language arts, mathematics, social studies, and science.

S.B.ANo.A93-44 ExceptSECTIONA1.004.AASection as39.023, providedEducation byCode, Subsectionis (a-2),amended all3-45 students,by otheramending thanSubsections students(a), assessed(a-3), under(c), Subsection(h), (b)(i), orand (l) orand exempted3-46 underadding SectionSubsection 39.027,(q) shallto beread assessedas in:follows:

(1)AAmathematics,3-47 annually(a)AAIn creating and implementing the instructionally 3-48 supportive assessment program under Section 39.022, the [The] 3-49 agency shall adopt or develop appropriate beginning-of-year, 3-50 middle-of-year, and end-of-year [criterion-referenced] assessment 3-51 instruments designed to assess essential knowledge and skills in grades3-52 threereading throughlanguage eight;arts, mathematics, social studies, and science.

(2)AAreading3-53 languageExcept arts,as annuallyprovided inby gradesSubsection three(a-2), throughall eight;students, other than 3-54 students assessed under Subsection (b) or (l) or exempted under 3-55 Section 39.027, shall be assessed in:

(3)AAsocial3-56 studies,(1)AAmathematics, annually in gradegrades three through 3-57 eight;

(4)AAscience,3-58 (2)AAreading language arts, annually in grades fivethree and3-59 through eight;

and3-60 (5)AAany(3)AAsocial otherstudies, subjectin and grade requiredeight; by federal law.

(a-3)AAThe3-61 agency(4)AAscience, mayin notgrades adoptfive orand developeight; an [a criterion-referenced] assessment instrument under this section based on common core state standards as defined by Section 28.002(b-1).

Thisand subsection3-62 does(5)AAany notother prohibitsubject theand usegrade ofrequired college advanced placement tests or international baccalaureate examinations as those terms are defined by Sectionfederal 28.051.3-63 law.

(c)AAThe3-64 (a-3)AAThe agency shallmay alsonot adopt or develop end-of-coursean assessment[a instruments3-65 forcriterion-referenced] secondary-levelassessment coursesinstrument inunder Algebrathis I,section biology,3-66 Englishbased I,on Englishcommon II,core andstate Unitedstandards Statesas historydefined andby provideSection for3-67 the28.002(b-1). availability of optional beginning-of-year and middle-of-year assessment instruments for those courses.

TheThis Algebrasubsection Idoes end-of-coursenot assessmentprohibit instrumentthe mustuse beof administeredcollege with3-68 theadvanced aidplacement oftests technology,or butinternational maybaccalaureate include3-69 oneexaminations oras morethose partsterms thatare prohibitdefined theby useSection of28.051. technology.

TheS.B.ANo.A9 English4-1 I(c)AAThe andagency Englishshall IIalso adopt or develop end-of-course 4-2 assessment instruments mustfor eachsecondary-level assesscourses essentialin knowledgeAlgebra andI, skills4-3 inbiology, bothEnglish readingI, English II, and writingUnited States history and must4-4 provide afor S.B.ANo.A9the singleavailability score.of optional beginning-of-year and 4-5 middle-of-year assessment instruments for those courses.

[AThe school4-6 districtAlgebra shallI complyend-of-course assessment instrument must be administered 4-7 with Statethe Boardaid of Educationtechnology, rulesbut regardingmay administrationinclude ofone theor assessmentmore instrumentsparts listedthat in4-8 thisprohibit subsection.the use of technology.

IfThe aEnglish studentI isand inEnglish aII special4-9 educationend-of-course programassessment underinstruments Subchaptermust A,each Chapterassess 29,essential the4-10 student’knowledge s admission, review, and dismissalskills committee shall determine whether any allowable modification is necessary in administeringboth toreading theand studentwriting anand assessmentmust instrumentprovide requireda under4-11 thissingle subsection.score.

The[A school district shall comply with State Board of 4-12 Education shallrules administerregarding administration of the assessment instruments.4-13 instruments listed in this subsection.

AnIf end-of-coursea assessmentstudent instrumentis mayin bea administeredspecial 4-14 education program under Subchapter A, Chapter 29, the student’ s 4-15 admission, review, and dismissal committee shall determine whether 4-16 any allowable modification is necessary in multipleadministering partsto overthe more4-17 thanstudent onean day.assessment instrument required under this subsection.

4-18 The State Board of Education shall adoptadminister a schedule for the administration of end-of-course assessment instruments4-19 thatinstruments. complies with the requirements of Subsection (c-3).] (h) AAThe agency shall notify school districts and campuses of the results of assessment instruments administered under this section in accordance with the timeline provided by Section 39.02301 [not later than the 21st day after the date the assessment instrument is administered].

An end-of-course assessment instrument may be 4-20 administered in multiple parts over more than one day.

The State 4-21 Board of Education shall adopt a schedule for the administration of 4-22 end-of-course assessment instruments that complies with the 4-23 requirements of Subsection (c-3).] 4-24 (h)AAThe agency shall notify school districts and campuses of 4-25 the results of assessment instruments administered under this 4-26 section in accordance with the timeline provided by Section 4-27 39.02301 [not later than the 21st day after the date the assessment 4-28 instrument is administered].

4-29 (1)AAdisclose to each district teacher the results of 4-30 assessment instruments administered to students taught by the 4-31 teacher in the subject for the school year in which the assessment 4-32 instrument is administered;

and 4-33 (2)AAprovide to the parent of a student enrolled in the 4-34 district:

(A)AAthe4-35 (A) AAthe results of each assessment instrument 4-36 administered under this section to the student;

and (B)AAinstructions4-37 (B) AAinstructions for accessing any online portal S.B.ANo.A94-38 maintained by the agency that provides results of assessment 4-39 instruments administered to the student.

(i)4-40 AAThe(i)AAThe provisions of this section and Section 39.02301[, 4-41 except Subsection (d),] are subject to modification by rules 4-42 adopted under Section 39.001 [39.022].

Each assessment instrument 4-43 adopted or developed under those rules [and each assessment 4-44 instrument required under Subsection (d)] must be reliable and 4-45 valid and must meet any applicable federal requirements for 4-46 measurement of student progress.

(l)4-47 AAThe(l)AAThe agency [State Board of Education] shall adopt rules 4-48 for the administration of the assessment instruments adopted under 4-49 Subsection (a) in Spanish to emergent bilingual students in grades 4-50 three through five, as defined by Section 29.052, whose primary 4-51 language is Spanish, and who are not otherwise exempt from the 4-52 administration of an assessment instrument under Section 4-53 39.027(a)(1) or (2).

Each emergent bilingual student whose primary 4-54 language is Spanish, other than a student to whom Subsection (b) 4-55 applies, may be assessed using assessment instruments in Spanish 4-56 under this subsection for up to three years or assessment 4-57 instruments in English under Subsection (a).

The language 4-58 proficiency assessment committee established under Section 29.063 4-59 shall determine which students are administered assessment 4-60 instruments in Spanish under this subsection.

4-61 (q)AAThe agency shall approve a list of alternative 4-62 norm-referenced assessment instruments that meet the requirements 4-63 of this subchapter and that a school district or open-enrollment 4-64 charter school may administer in place of a beginning-of-year or S.B.ANo.A94-65 middle-of-year assessment instrument adopted or developed under 4-66 this section.

4-67 (1)AAensure the list approved under this subsection 4-68 includes multiple alternative assessment instruments;

and 4-69 (2)AAadopt a process by which a school district or S.B.ANo.A9 5-1 open-enrollment charter school may submit to the agency an 5-2 assessment instrument to be included on the list approved under 5-3 this subsection.

5-4 SECTIONA1.005.AASubchapter B, Chapter 39, Education Code, is 5-5 amended by adding Section 39.02301 to read as follows:

5-6 Sec.A39.02301.AAADOPTION OR DEVELOPMENT AND ADMINISTRATION 5-7 REQUIREMENTS FOR ASSESSMENT INSTRUMENTS.

(a) An assessment 5-8 instrument adopted or developed under Section 39.023 must:

5-9 (1)AAmeasure student performance in relation to the 5-10 essential knowledge and skills adopted by the State Board of 5-11 Education under Section 28.002 for the subject area and grade level 5-12 being assessed;

5-13 (2)AAinclude items that have been evaluated for 5-14 readability using research-based readability metrics approved by 5-15 the agency in consultation with the advisory committees established 5-16 under Section 39.02302;

5-17 (3)AAmeet industry standards of validity and 5-18 reliability;

5-19 (4)AAcomply with applicable requirements under federal 5-20 law, including peer review requirements;

and 5-21 (5)AAbe designed to report student academic growth, 5-22 including by:

S.B.ANo.A95-23 (A)AAreporting(A) AAreporting a student’student’s s norm-referenced growth 5-24 based on a comparison of the student’s performance on the 5-25 assessment instrument to the student ’s performance on a previously 5-26 administered assessment instrument, as applicable, to measure 5-27 through-year growth;

5-28 (B)AAfor an end-of-year or end-of-course 5-29 assessment instrument, reporting year-over-year growth in student 5-30 achievement;

and 5-31 (C)AAfor a beginning-of-year or middle-of-year 5-32 assessment instrument, being adaptive to each student to measure 5-33 and report individual student growth.

5-34 (b)AABefore an assessment instrument adopted or developed 5-35 under Section 39.023(a) may be administered under that subsection, 5-36 the assessment instrument must, on the basis of empirical evidence, 5-37 be determined to be valid and reliable by the advisory committees 5-38 established under Section 39.02302 or an entity that is, as 5-39 determined by the commissioner, independent of the agency and of 5-40 any other entity that developed the assessment instrument.

(c)5-41 AABefore(c)AABefore an item may be included on an assessment 5-42 instrument administered under Section 39.023 that was developed by 5-43 the agency, the item must be reviewed and approved by a committee 5-44 composed of teachers in this state.

The agency shall form each 5-45 committee by inviting a total of approximately 40 teachers 5-46 representing each region of this state who teach the grade level and 5-47 subject area assessed by the items under review to participate in 5-48 the committee.

For each proposed item, at least three-quarters of 5-49 participating committee members must agree that:

S.B.ANo.A95-50 (1)AAthe item is aligned with the essential knowledge 5-51 and skills adopted by the State Board of Education under Section 5-52 28.002 for the applicable grade level and subject area;

5-53 (2)AAthe item is appropriate for the grade level and 5-54 subject area being assessed and is written at an appropriate 5-55 reading level for the grade level being assessed;

5-56 (3)AAthe item is free from bias and factual error;

and 5-57 (4)AAstudents in the member’ s classroom would have an 5-58 opportunity to learn the content included in the item before the 5-59 administration of the applicable end-of-year or end-of-course 5-60 assessment instrument.

5-61 (d)AAThe writing portion of a reading language arts 5-62 assessment instrument adopted or developed under Section 39.023 5-63 must be designed to assess writing using open-ended questions that 5-64 are:

5-65 (1)AAgrade-level appropriate;

5-66 (2)AAadministered separately;

and 5-67 (3)AAscored using a process that:

5-68 (A)AAinvolves classroom teachers in setting 5-69 grading standards;

and S.B.ANo.A9 6-1 (B)AAallows for a school district or 6-2 open-enrollment charter school to submit student responses for 6-3 rescoring.

(e)6-4 AAFor(e)AAFor an end-of-year or end-of-course assessment 6-5 instrument adopted or developed under Section 39.023, the agency 6-6 shall adopt or develop criterion-referenced assessment instruments 6-7 designed to assess and report student performance for, at minimum, S.B.ANo.A96-8 each performance standard under Section 39.0241.

(f)6-9 AAIn(f)AAIn setting performance levels for a 6-10 criterion-referenced assessment instrument adopted or developed 6-11 under Subsection (e), the commissioner shall implement procedures 6-12 to maintain the validity and reliability of the assessment 6-13 instrument, including procedures for field testing items approved 6-14 by the teacher committees described by Subsection (c).

Except as 6-15 necessary to comply with college readiness recommendations made by 6-16 the commissioner of higher education under Section 39.0241(a-1), 6-17 the commissioner shall ensure the performance levels are set at 6-18 levels consistent with performance levels set for previous school 6-19 years, including by implementing procedures that equate the 6-20 performance levels or by conducting standards-setting processes.

6-21 (g)AAOn or before September 1 of each year, the commissioner 6-22 shall make the following information available on the agencyagency’ ’ss 6-23 Internet website for each criterion-referenced assessment 6-24 instrument administered under Section 39.023(a), (c), or (l):

6-25 (1)AAthe number of questions on the assessment 6-26 instrument;

6-27 (2)AAthe number of questions that must be answered 6-28 correctly to achieve satisfactory performance as determined by the 6-29 commissioner under Section 39.0241(a);

6-30 (3)AAthe number of questions that must be answered 6-31 correctly to achieve satisfactory performance under the college 6-32 readiness performance standard as provided by Section 39.0241;

and 6-33 (4)AAthe corresponding scale scores.

(h)6-34 AAAn(h)AAAn assessment instrument adopted or developed under S.B.ANo.A96-35 Section 39.023 must be designed to support accommodations for 6-36 students in a special education program under Subchapter A, Chapter 6-37 29.

If a student is in a special education program under Subchapter 6-38 A, Chapter 29, the student’s admission, review, and dismissal 6-39 committee shall determine whether any allowable accommodation is 6-40 necessary in administering to the student an assessment instrument 6-41 required under Section 39.023.

6-42 (i)AAThe agency shall adopt a schedule for the administration 6-43 of assessment instruments under Section 39.023 for each school year 6-44 and provide the schedule to each school district and 6-45 open-enrollment charter school two years before the school year to 6-46 which the schedule applies.

The schedule must provide for the 6-47 administration of an assessment instrument within an assessment 6-48 administration schedule window in the following applicable range:

6-49 (1)AAfor a beginning-of-year assessment instrument, 6-50 between the fourth Monday in August and September 30;

6-51 (2)AAfor a middle-of-year assessment instrument, 6-52 between January 2 and February 21;

and 6-53 (3)AAfor an end-of-year assessment instrument, between 6-54 May 1 and May 30, except that the writing portion of an end-of-year 6-55 reading language arts assessment instrument must be administered 6-56 between April 1 and April 15.

6-57 (j)AAAn assessment instrument administered under Section 6-58 39.023 may be administered in multiple parts over more than one day.

6-59 The agency shall adopt procedures to reduce total administration 6-60 time.

(k)6-61 AAAn(k)AAAn assessment instrument adopted or developed under S.B.ANo.A96-62 Section 39.023 must be designed to minimize the impact on student 6-63 instructional time so that:

6-64 (1)AAfor each beginning-of-year or middle-of-year 6-65 assessment instrument separately administered to students in 6-66 grades three and four, 85 percent of students who do not require 6-67 accommodations are expected to complete the assessment instrument 6-68 within 60 minutes;

6-69 (2)AAfor each beginning-of-year or middle-of-year S.B.ANo.A9 7-1 assessment instrument separately administered to students in 7-2 grades five through eight, 85 percent of students who do not require 7-3 accommodations are expected to complete the assessment instrument 7-4 within 75 minutes;

7-5 (3)AAfor each end-of-year assessment instrument 7-6 separately administered to students in grades three and four, 85 7-7 percent of students who do not require accommodations are expected 7-8 to complete the assessment instrument within 90 minutes;

and 7-9 (4)AAfor each end-of-year assessment instrument 7-10 separately administered to students in grades five through eight, 7-11 85 percent of students who do not require accommodations are 7-12 expected to complete the assessment instrument within 105 minutes.

(l)7-13 AAThe(l)AAThe agency shall notify school districts and campuses of 7-14 the results of assessment instruments administered under Section 7-15 39.023 not later than two business days after the date the 7-16 applicable administration schedule window under Subsection (i) 7-17 closes.

The results should include a diagnostic report for each 7-18 student and recommendations for use by teachers and parents for 7-19 practical and useful instructional strategies to better meet the S.B.ANo.A97-20 individual needs of the student based on the student’ s performance 7-21 on the assessment instrument.

(m)7-22 AAAt(m)AAAt least every third year, the agency shall release the 7-23 questions and answer keys to each end-of-year and end-of-course 7-24 assessment instrument administered under Section 39.023, excluding 7-25 any assessment instrument administered to a student for the purpose 7-26 of retaking the assessment instrument or a question on an 7-27 assessment instrument that will be reused for other assessment 7-28 instruments, after the last time the instrument is administered for 7-29 that school year.

To ensure a valid bank of questions for use each 7-30 year, the agency is not required to release a question that is being 7-31 field-tested and was not used to compute the student ’s score on the 7-32 instrument.

The agency may defer releasing questions and answer 7-33 keys as required by this subsection to the extent necessary to 7-34 develop additional assessment instruments.

7-35 SECTIONA1.006.AAThe heading to Section 39.0263, Education 7-36 Code, is amended to read as follows:

7-37 Sec.A39.0263.AAADMINISTRATION OF DISTRICT-REQUIRED OR 7-38 CAMPUS-REQUIRED BENCHMARK ASSESSMENT INSTRUMENTS [TO PREPARE 7-39 STUDENTS FOR STATE-ADMINISTERED ASSESSMENT INSTRUMENTS].

7-40 SECTIONA1.007.AASection 39.0263, Education Code, is amended 7-41 by amending Subsections (a) and (b) and adding Subsection (c-1) to 7-42 read as follows:

(a)7-43 AAIn(a)AAIn this section, "benchmark assessment instrument" 7-44 means a district-required or campus-required assessment instrument 7-45 that is administered to all or most students for a subject or course 7-46 in a particular grade level and that is not directly linked to S.B.ANo.A97-47 instructional material recently covered in the classroom.

The term 7-48 includes an assessment instrument designed to prepare students for 7-49 a corresponding state-administered assessment instrument, such as:

7-50 (1)AAa practice test;

7-51 (2)AAa nationally norm-referenced assessment 7-52 instrument;

7-53 (3)AAa district-created standards assessment;

or 7-54 (4)AAa vendor-created assessment of state standards.

(b)7-55 AAExcept(b)AAExcept as provided by Subsection (c), a school district 7-56 or campus may not administer to any student:

7-57 (1)AAin grades three through eight, a benchmark 7-58 assessment instrument other than an alternative assessment 7-59 instrument under Section 39.023(q);

and 7-60 (2)AAin a grade other than the grades described by 7-61 Subdivision (1), more than two benchmark assessment instruments 7-62 during a school year before the administration of an end-of-year or 7-63 end-of-course [to prepare the student for a corresponding 7-64 state-administered] assessment instrument.

7-65 (c-1)AAThe prohibition prescribed by this section does not 7-66 apply to an assessment instrument administered during the 2027-2028 7-67 or 2028-2029 school year that is under review but not yet approved 7-68 by the agency for inclusion in the list of approved alternative 7-69 beginning-of-year and middle-of-year assessment instruments under S.B.ANo.A9 8-1 Section 39.023(q).

8-2 SECTIONA1.008.AASection 39.0263(c), Education Code, as 8-3 amended by S.B.

1418, Acts of the 89th Legislature, Regular 8-4 Session, 2025, is amended to read as follows:

S.B.ANo.A98-5 (c)AAThe prohibition prescribed by this section does not 8-6 apply to:

8-7 (1)AAthe administration of a college preparation 8-8 assessment instrument, including the PSAT, the PreACT, the SAT, or 8-9 the ACT, an advanced placement test, or an international 8-10 baccalaureate examination;

8-11 (2)A[, or]AAan independent classroom examination 8-12 designed or adopted and administered by a classroom teacher;

8-13 (3)AAa diagnostic assessment included in a screening or 8-14 testing for dyslexia or a related disorder;

or 8-15 (4)AAan assessment instrument required under state law, 8-16 including under Chapter 28 or 29 or this chapter.

SECTION8-17 A1.009.AASectionSECTIONA1.009.AASection 39.0301, Education Code, is amended 8-18 by amending Subsection (a-1) and adding Subsection (a-2) to read as 8-19 follows:

8-20 (a-1)AAIn establishing procedures under Subsection (a)(1) 8-21 for the administration of assessment instruments, the commissioner 8-22 shall ensure that the procedures:

8-23 (1)AAare designed to minimize disruptions to school 8-24 operations and the classroom environment;

and 8-25 (2)AAinclude instructions to help mitigate potential 8-26 student test anxiety.

(a-2)8-27 AAIn(a-2)AAIn implementing the procedures established under 8-28 Subsection (a)(1) for the administration of assessment 8-29 instruments, a school district shall minimize disruptions to school 8-30 operations and the classroom environment.

8-31 SECTIONA1.010.AASection 39.304, Education Code, is amended S.B.ANo.A98-32 to read as follows:

Sec.8-33 Sec.A39.304.AATEACHER REPORT CARD.

A39.304.AATEACHER[(a)] REPORTEach CARD.school 8-34 district shall [prepare a report of the comparisons made under 8-35 Section 39.034 and provided to the district under Section 39.302 8-36 and] provide [the report at the beginning of the school year] to[:

[(a)]8-37 Each[(1)]AAeach schoolteacher districtthe shallinformation [preparemade aavailable report8-38 ofunder Section 39.02301(l) for the comparisonscurrent madeand underprevious Sectionschool 39.034year and8-39 providedfor toall students taught by the districtteacher[, underincluding Sectionincoming 39.3028-40 and]students,] providewho [thewere reportassessed aton thean beginningassessment ofinstrument theunder school8-41 year]Section to[:39.023[;

[(1)]AAeachand teacher8-42 the[(2)AAall informationstudents made available under SectionSubdivision 39.02301(l)(1) forwho thewere current8-43 andprovided previousinstruction schoolby yearthat forteacher allin students taught by the teacher[,subject includingfor incomingwhich students,]the who8-44 were assessed on an assessment instrument was administered under Section 39.023[;39.023].

and8-45 [(2)AAall[(b)AAThe studentsreport undershall Subdivisionindicate (1)whether whothe werestudent provided8-46 instructionperformed bysatisfactorily thator, teacherif in the subjectstudent fordid whichnot perform 8-47 satisfactorily, whether the assessmentstudent instrumentmet wasthe administeredstandard for annual 8-48 improvement under Section 39.023].39.034.] 8-49 SECTIONA1.011.AAThe following provisions of the Education 8-50 Code are repealed:

[(b)AAThe8-51 report(1)AASections shall39.023(a-1), indicate(a-4), whether(a-11), the(a-12), student8-52 performed(a-13), satisfactorily(a-14), or,(a-15), if(a-16), the(c-1), student(c-3), did(c-6), not(c-7), perform(c-8), satisfactorily,8-53 whether(c-10), the(d), student(e), met(e-1), the(f), standard(g), for(o), annualand improvement(p); under Section 39.034.] SECTIONA1.011.AAThe following provisions of the Education Code are repealed:

(1)AASections8-54 39.023(a-1),(2)AASection (a-4),39.026; (a-11), (a-12), (a-13), (a-14), (a-15), (a-16), (c-1), (c-3), (c-6), (c-7), (c-8), (c-10), (d), (e), (e-1), (f), (g), (o), and (p);

(2)AASection8-55 39.026;(3)AASection 39.0262;

(3)AASection8-56 39.0262;(4)AASections 39.034(c), (d), and (d-1);

(4)AASections8-57 39.034(c),(5)AASection (d),39.302; and (d-1);

(5)AASectionand 39.302;8-58 (6)AASection 39.303.

and8-59 (6)AASectionARTICLE 39.303.2.

S.B.ANo.A9ACCOUNTABILITY ARTICLEAND 2.INTERVENTIONS AND SANCTIONS 8-60 SECTIONA2.001.AASection 39.054(b-1), Education Code, is 8-61 transferred to Section 39.052, Education Code, redesignated as 8-62 Section 39.052(b-1), Education Code, and amended to read as 8-63 follows:

ACCOUNTABILITY8-64 AND(b-1)AAConsideration INTERVENTIONSof ANDthe SANCTIONSeffectiveness SECTIONof A2.001.AASectiondistrict 39.054(b-1),8-65 Educationprograms Code,under isSubsection transferred(b)(2)(B) to[Section Section39.052(b)(2)(B)] 39.052,or Education8-66 Code,(C): redesignated as Section 39.052(b-1), Education Code, and amended to read as follows:

(b-1)8-67 AAConsideration(1)AAmust: of the effectiveness of district programs under Subsection (b)(2)(B) [Section 39.052(b)(2)(B)] or (C):

(1)AAmust:8-68 (A)AAbe based on data collected through the Public 8-69 Education Information Management System (PEIMS) for purposes of S.B.ANo.A9 9-1 accountability under this chapter;

(A)AAbeand based9-2 on(B) dataAAinclude collected through the Publicresults Educationof Informationassessments Managementrequired System9-3 (PEIMS) for purposes of accountability under thisSection chapter;39.023;

and (B)AAinclude9-4 (2)AAmay be based on the results of assessmentsa requiredspecial 9-5 investigation conducted under Section 39.023;39.003.

9-6 SECTIONA2.002.AASection 39.053, Education Code, is amended 9-7 by amending Subsections (a), (c), and (2)AAmay(f) beand basedadding onSubsections the9-8 results(c-4), of(c-5), a(c-6), special(f-1), investigation(f-2), conducted(f-3), underand Section(f-4) 39.003.to read as 9-9 follows:

SECTION9-10 A2.002.AASection(a)AAThe 39.053,commissioner Educationshall Code,adopt isa amendedset byof amendingindicators Subsectionsof (a),the (c),9-11 andquality (f)of learning and addingachievement, Subsectionsincluding (c-4),the (c-5),indicators (c-6),under (f-1),9-12 (f-2),Subsection (f-3),(c). and (f-4) to read as follows:

(a)AATheThe commissioner periodically shall adoptreview athe set9-13 of indicators offor the qualityconsideration of learningappropriate revisions and achievement,may, including9-14 if the commissioner determines an indicator otherwise required 9-15 under this subchapter is not valid or reliable, exclude the 9-16 indicator from the set of indicators adopted under Subsectionthis (c).section.

The9-17 commissioner(c)AASchool periodicallydistricts shall review the indicators for the consideration of appropriate revisions and may,campuses ifmust thebe commissionerevaluated determinesbased anon indicator9-18 otherwisethree requireddomains underof thisindicators subchapter is not valid or reliable, exclude the indicator from the set of indicatorsachievement adopted under this section.9-19 section that include:

S.B.ANo.A99-20 (c)AASchool(1)AAin districtsthe andstudent campusesachievement mustdomain, beindicators evaluated based on three domains of indicators9-21 ofstudent achievement adopted under this section that must include:

(1)AAin9-22 the(A)AAfor studentevaluating achievementthe domain,performance indicators of studentdistricts achievement9-23 thatand mustcampuses include:generally:

(A)AAfor9-24 evaluating(i)AAan indicator that accounts for the performance9-25 results of districtsassessment instruments required under Sections 9-26 39.023(a), (c), and campuses(l), generally:as applicable for the district and campus, 9-27 including the results of assessment instruments required for 9-28 graduation retaken by a student, aggregated across grade levels by 9-29 subject area, including:

(i)AAan9-30 indicator(a)AAfor thatthe accountsperformance forstandard the9-31 resultsdetermined ofby assessmentthe instrumentscommissioner required under SectionsSection 39.023(a),39.0241(a), (c),the and9-32 (l),percentage asof applicablestudents forwho theperformed districtsatisfactorily andon campus, including the results9-33 of assessment instrumentsinstruments, required for graduation retaken by a student, aggregated across grade levels by subject area,9-34 including:area;

(a)AAforand 9-35 (b)AAfor the performancecollege standardreadiness determined9-36 byperformance thestandard commissioneras determined under Section 39.0241(a),39.0241, the 9-37 percentage of students who performed satisfactorily on the 9-38 assessment instruments, aggregated across grade levels by subject 9-39 area;

and (b)AAfor9-40 (ii)AAan indicator that accounts for the college9-41 readinessresults performanceof standardassessment asinstruments determinedrequired under Section 39.0241,9-42 39.023(b), as applicable for the district and campus, including the 9-43 percentage of students who performed satisfactorily on the 9-44 assessment instruments, as determined by the performance standard 9-45 adopted by the agency, aggregated across grade levels by subject 9-46 area;

and (ii)AAan9-47 indicator(B)AAfor thatevaluating accounts for the resultsperformance of assessmenthigh instrumentsschool required9-48 undercampuses Section 39.023(b), as applicable for the district and campus,districts includingthat theinclude percentagehigh ofschool studentscampuses, who9-49 performedindicators satisfactorilythat onaccount thefor: S.B.ANo.A9 assessment instruments, as determined by the performance standard adopted by the agency, aggregated across grade levels by subject area;

and9-50 (B)AAfor(i)AAstudents evaluatingwho satisfy the performanceTexas ofSuccess high9-51 schoolInitiative campuses(TSI) andcollege districtsreadiness thatbenchmarks includeprescribed highby schoolthe campuses,9-52 indicatorsTexas thatHigher accountEducation for:Coordinating Board under Section 51.334 on 9-53 an assessment instrument in reading language arts or mathematics 9-54 designated by the coordinating board under that section;

(i)AAstudents9-55 (ii)AAstudents who satisfy therelevant Texas9-56 Successperformance Initiativestandards (TSI) college readiness benchmarks prescribed by the Texas Higher Education Coordinating Board under Section 51.334 on anadvanced assessmentplacement instrumenttests in reading language arts or mathematicssimilar designated9-57 byassessments; the coordinating board under that section;

(ii)AAstudents9-58 (iii)AAstudents who satisfyearn relevantdual performancecourse standardscredits on9-59 advancedin placementthe testsdual orcredit similarcourses; assessments;

(iii)AAstudents9-60 (iv)AAstudents who earndemonstrate dualmilitary course9-61 creditsreadiness: in the dual credit courses;

(iv)AAstudents9-62 who(a)AAthrough demonstrateverified militaryenlistment readiness:9-63 [enlist] in the armed forces of the United States or the Texas 9-64 National Guard;

(a)AAthroughor verified9-65 enlistment(b)AAby [enlist]achieving ina passing score, set 9-66 by the armedcommissioner forcesbased on recent passing scores set by the 9-67 branches of the Unitedarmed Statesforces, oron the TexasArmed NationalServices Guard;Vocational 9-68 Aptitude Battery Test and successfully completing a Junior Reserve 9-69 Officer Training Corps program;

orS.B.ANo.A9 (b)AAby10-1 achieving(v)AAstudents awho passingearn score,industry set10-2 bycertifications; the commissioner based on recent passing scores set by the branches of the armed forces, on the Armed Services Vocational Aptitude Battery Test and successfully completing a Junior Reserve Officer Training Corps program;

(v)AAstudents10-3 who(vi)AAstudents earnadmitted into postsecondary 10-4 industry S.B.ANo.A9certification certifications;programs that require as a prerequisite for 10-5 entrance successful performance at the secondary level;

(vi)AAstudents10-6 admitted(vii)AAstudents intowhose postsecondarysuccessful industrycompletion certification10-7 programsof thata requirecourse asor acourses prerequisiteunder Section 28.014 indicates the student’ s 10-8 preparation to enroll and succeed, without remediation, in an 10-9 entry-level general education course for entrancea successfulbaccalaureate performancedegree ator the10-10 secondaryassociate level;degree;

(vii)AAstudents10-11 whose(viii)AAstudents successfulwho completionsuccessfully ofmet 10-12 standards on a coursecomposite orof coursesindicators underthat Sectionthrough 28.014research 10-13 indicates the student ’s preparation to enroll and succeed, without 10-14 remediation, in an entry-level general education course for a 10-15 baccalaureate degree or associate degree;

(viii)AAstudents10-16 who(ix)AAhigh successfullyschool metgraduation standardsrates, oncomputed a10-17 compositein ofaccordance indicatorswith thatstandards through research indicates the student’ s preparation to enroll and succeed,definitions withoutadopted remediation, in ancompliance entry-level10-18 generalwith educationthe courseEvery forStudent aSucceeds baccalaureateAct degree(20 orU.S.C. associate degree;

(ix)AAhighSection school6301 graduationet rates,seq.) computed10-19 insubject accordanceto withthe standardsexclusions andprovided definitionsby adoptedSubsections in(g), compliance(g-1), with10-20 the(g-2), Every(g-3), Studentand Succeeds(g-4); Act (20 U.S.C.

Section10-21 6301(x)AAstudents etwho seq.)successfully subjectcompleted toan the10-22 exclusionsOnRamps provideddual byenrollment Subsectionscourse; (g), (g-1), (g-2), (g-3), and (g-4);

(x)AAstudents10-23 (xi)AAstudents who successfully completed ana OnRamps10-24 dualpracticum enrollmentor course;internship approved by the State Board of Education;

(xi)AAstudents10-25 (xii)AAstudents who successfullyare completedawarded aan practicumassociate or10-26 internshipdegree; approved by the State Board of Education;

(xii)AAstudentsand 10-27 (xiii)AAstudents who aresuccessfully awardedcompleted an10-28 associatea degree;program of study in career and technical education;

and10-29 (xiii)AAstudents(2)AAin whothe successfullyschool completedprogress adomain, programindicators offor study10-30 effectiveness in careerpromoting andstudent technicallearning, education;which must include:

S.B.ANo.A910-31 (2)AAin(A)AAfor assessment instruments, including 10-32 assessment instruments under Subdivisions (1)(A)(i) and (ii), the school10-33 progresspercentage domain,of indicatorsstudents forwho effectivenessmet inthe promotingstandard studentfor learning,improvement, whichas must10-34 include:determined by the commissioner;

(A)AAforand assessment10-35 instruments,(B) includingAAfor assessmentevaluating instrumentsrelative underperformance, Subdivisions (1)(A)(i) and (ii), the percentage10-36 performance of studentsdistricts whoand metcampuses thecompared standardto forsimilar improvement,districts as10-37 determinedor bycampuses; the commissioner;

and (B)AAfor10-38 evaluating(3)AAin relativethe performance,closing the performancegaps domain, the use of districts10-39 disaggregated data to demonstrate the differentials among students 10-40 from different racial and campusesethnic comparedgroups toand[,] similarsocioeconomic districts10-41 orbackgrounds[, campuses;and other factors, including:

and10-42 (3)AAin[(A)AAstudents theformerly closingreceiving thespecial gaps10-43 domain,education theservices; use of disaggregated data to demonstrate the differentials among students from different racial and ethnic groups and [,] socioeconomic backgrounds[, and other factors, including:

[(A)AAstudents10-44 formerly[(B) receivingAAstudents specialcontinuously educationenrolled; services;

[(B)AAstudentsand continuously10-45 enrolled;[(C)AAstudents who are mobile].

10-46 (c-4)AAThe agency shall study the college, career, and [(C)AAstudents10-47 whomilitary arereadiness mobile].indicators adopted under Subsection (c) to 10-48 determine the correlation of each indicator with postsecondary 10-49 success, including the correlation of industry certifications with 10-50 wages and available jobs.

(c-4)AATheThe agencyvalue shallassigned study the college, career, and military readiness indicators adopted under Subsection (c) to determine the correlation of each indicator withmust postsecondary10-51 success,be: including the correlation of industry certifications with wages and available jobs.

The10-52 value(1)AAbased assignedon tothe eachstrength indicatorof mustthe be:indicator’ s 10-53 correlation with successful outcomes;

(1)AAbasedand on10-54 the(2)AAupdated strengthin ofaccordance the indicator’ s correlation with successfulSubsection outcomes;(f-1).

10-55 (c-5)AAThe agency shall develop a measure of student 10-56 through-year instructional growth and (2)AAupdatedimprovement from the 10-57 beginning of the school year through the end of the school year for 10-58 evaluating the performance of campuses serving grade levels in accordance10-59 withwhich Subsectionbeginning-of-year (f-1).and middle-of-year assessment instruments 10-60 adopted or developed under Section 39.023 are required to be 10-61 administered.

(c-5)AAThe10-62 agency(c-6)AANot shalllater developthan athe measure2032-2033 ofschool studentyear, S.B.ANo.A9the through-year10-63 instructionalcommissioner growthshall andpresent improvement from the beginningmeasure ofdescribed theby schoolSubsection year10-64 through(c-5) to the endaccountability ofadvisory thecommittee schoolestablished yearunder for10-65 evaluatingSection 39.0534 to consider the performanceincorporation of campusesthe servingmeasure gradeinto levels10-66 inthe whichindicators beginning-of-yeardescribed andby middle-of-yearSubsection assessment(c)(2)(A) instrumentsand adoptedin orany developedother under10-67 Sectiondomain 39.023or areindicator requiredthe tocommissioner beconsiders administered.relevant.

(c-6)AANotNot later 10-68 than theJuly 2032-203315, school2031, year, the commissioneragency shall presentsubmit to the measuregovernor, describedthe by10-69 Subsectionlieutenant (c-5)governor, to the accountabilityspeaker advisoryof committeethe establishedhouse underof Sectionrepresentatives, 39.0534S.B.ANo.A9 to11-1 considerand the incorporationchairs of the measurestanding intolegislative thecommittees indicatorswith describedprimary by11-2 Subsectionjurisdiction (c)(2)(A)over andpublic inschool anyaccountability othera domainreport orregarding indicator11-3 the commissionermeasure. considers relevant.

Not later than July 15, 2031, the agency shall submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the chairs of the standing legislative committees with primary jurisdiction over public school accountability a report regarding the measure.

11-4 (f)AAAnnually, the commissioner shall define and may modify 11-5 the state standards [standard for the current school year] for each 11-6 [achievement] indicator adopted under this subchapter in 11-7 [section.AAIn] consultation with educators, parents, and business 11-8 and industry representatives, as necessary.

The[, the] 11-9 commissioner shall increase the rigor by which the commissioner 11-10 determines the overall performance ratings under Section 39.054(a) 11-11 [establish and modify standards] to continuously improve student 11-12 performance to, not later than the 15th year after the date the 11-13 commissioner modifies the performance standards under Subsection S.B.ANo.A911-14 (f-1), achieve the goals of:

11-15 (1)AAeliminating achievement gaps based on race, 11-16 ethnicity, and socioeconomic status;

and 11-17 (2)AAensuring [to ensure] this state ranks nationally 11-18 [is a national leader] in the top five states in preparing students 11-19 for postsecondary success and on the National Assessment of 11-20 Educational Progress or its successor assessment.

11-21 (f-1)AABeginning with the indicators adopted for the 11-22 2027-2028 school year and as required to meet the goals under 11-23 Subsection (f), the commissioner shall increase the scores needed 11-24 to achieve performance standards on indicators adopted under this 11-25 subchapter only every fifth school year unless an indicator adopted 11-26 under Subsection (c) requires adjustment before that school year to 11-27 ensure consistency of performance standards.

11-28 (f-2)AANot later than the 30th day before the date the 11-29 commissioner adopts a rule modifying the performance standards 11-30 under Subsection (f-1), the commissioner shall submit to the 11-31 governor, the lieutenant governor, the speaker of the house of 11-32 representatives, and the chairs of the standing legislative 11-33 committees with primary jurisdiction over public school 11-34 accountability a report that:

11-35 (1)AAidentifies the performance standards being 11-36 modified;

11-37 (2)AAincludes a summary of the reasons for the 11-38 modification of the performance standards;

11-39 (3)AAincludes the expected impact of the modified 11-40 performance standards on district and campus performance ratings;

S.B.ANo.A911-41 and 11-42 (4)AAincludes information regarding the timeline for 11-43 and a summary of stakeholder engagement during the development of 11-44 the modified performance standards.

11-45 (f-3)AAFor each of the two school years preceding a school 11-46 year the commissioner increases a score under Subsection (f-1), the 11-47 commissioner shall report, in a manner that can be reviewed by 11-48 school administrators, the overall performance of school districts 11-49 and campuses under that increased score.

The agency shall provide 11-50 copies of the report required under this subsection to the 11-51 governor, the lieutenant governor, the speaker of the house of 11-52 representatives, and the chairs of the standing legislative 11-53 committees with primary jurisdiction over public school 11-54 accountability.

11-55 (f-4)AAIn reporting the performance of school districts and 11-56 campuses on indicators adopted under this subchapter for a school 11-57 year in which the score needed to achieve performance standards on 11-58 one or more of those indicators was increased under Subsection 11-59 (f-1), the commissioner shall include in the report an 11-60 informational report on the performance of districts and campuses 11-61 during the preceding school year under the increased score.

SECTION11-62 A2.003.AASubchapterSECTIONA2.003.AASubchapter C, Chapter 39, Education Code, is 11-63 amended by adding Sections 39.0531, 39.0532, and 39.0534 to read as 11-64 follows:

Sec.11-65 Sec.A39.0531.AAINDUSTRY CERTIFICATION LIST.

A39.0531.AAINDUSTRY(a) CERTIFICATIONThe LIST.agency 11-66 shall maintain a list of industry certifications that are eligible 11-67 for purposes of Section 39.053(c)(1)(B)(v).

(a)In Thedeveloping the 11-68 list, the agency shall maintainconsult awith listthe Texas Workforce Commission 11-69 and the Texas Higher Education Coordinating Board and consider the S.B.ANo.A9 12-1 inventory of industryindustry-recognized certifications thatdeveloped areunder eligible12-2 forSection purposes312.003, ofLabor Code, and the credential library established 12-3 under Section 39.053(c)(1)(B)(v).2308A.007, Government Code.

In developing the S.B.ANo.A9 list, the agency shall consult with the Texas Workforce Commission and the Texas Higher Education Coordinating Board and consider the inventory of industry-recognized certifications developed under Section 312.003, Labor Code, and the credential library established under Section 2308A.007, Government Code.

12-4 (1)AAbe aligned to a program of study that, according to 12-5 labor market data, prepares students for high-wage, high-skill, 12-6 in-demand occupations;

12-7 (2)AAallow students to demonstrate mastery of the 12-8 skills required for occupations within an approved program of 12-9 study;

and 12-10 (3)AAbe obtained through an assessment of the knowledge 12-11 and skills provided by or determined by an independent, third-party 12-12 certifying entity using predetermined standards for knowledge, 12-13 skills, and competencies.

12-14 (b)AAThe agency shall review the eligibility of industry 12-15 certifications under Subsection (a), including whether the 12-16 programs of study for those certifications still meet the 12-17 requirements under that subsection:

12-18 (1)AAin consultation with:

12-19 (A)AAthe advisory council established under 12-20 Chapter 312, Labor Code;

(B)AAthe12-21 (B) AAthe Texas Workforce Commission;

and 12-22 (C)AAthe Texas Higher Education Coordinating 12-23 Board;

and 12-24 (2)AAconcurrently with the modification of performance 12-25 standards under Section 39.053(f-1).

S.B.ANo.A912-26 (c)AAIf, after reviewing an industry certification under 12-27 Subsection (b), the agency determines the certification is no 12-28 longer eligible for purposes of Section 39.053(c)(1)(B)(v) and 12-29 should be removed from the list maintained under Subsection (a), 12-30 the agency shall post on the agency’agency s’s Internet website information 12-31 regarding the removal of the certification not later than two years 12-32 before the date the agency intends to remove the certification from 12-33 the list.

12-34 (d)AADuring the three years following a determination under 12-35 Subsection (c) that an industry certification is no longer eligible 12-36 for purposes of Section 39.053(c)(1)(B)(v), a school district may 12-37 receive the benefit of achievement indicators based on that 12-38 industry certification for purposes of Section 39.053(c) only for a 12-39 cohort of students who:

12-40 (1)AAwere participating in the program of study aligned 12-41 with that certification during the school year the agency 12-42 determines the certification is no longer eligible;

and 12-43 (2)AAearn the certification within the three-year 12-44 period.

Sec.12-45 Sec.A39.0532.AAREPORTING OF LOCAL INDICATORS OF STUDENT 12-46 ENGAGEMENT AND WORKFORCE DEVELOPMENT.

A39.0532.AAREPORTING(a) OFThe LOCALagency INDICATORSshall OF12-47 STUDENTcollect ENGAGEMENTfor ANDreporting WORKFORCEpurposes DEVELOPMENT.only information provided by school 12-48 districts and open-enrollment charter schools under Subsection (b) 12-49 regarding local indicators of student engagement and workforce 12-50 development.

(a)12-51 The(b)AAA agencyschool shalldistrict collector foropen-enrollment reportingcharter purposesschool only12-52 informationmay, providedbut byis schoolnot districtsrequired andto, open-enrollmentprovide charterto schoolsthe underagency Subsectioninformation (b)12-53 regarding localthe following indicators ofat studenta engagementdistrict andor workforceschool development.campus 12-54 that serves students in prekindergarten through eighth grade:

(b)12-55 AAA(1)AAan schoolindicator districtthat oraccounts open-enrollmentfor charterthe schoolpercentage may,of but12-56 isstudents notparticipating requiredin to,school-sponsored provideextracurricular toor the12-57 agencycocurricular informationstudent S.B.ANo.A9activities regardingconsistent with the followingfindings indicatorsof atthe a12-58 districtextracurricular orand schoolcocurricular campusstudent activity indicator study 12-59 required under Section 39.0533, as that servessection studentsexisted inimmediately prekindergarten12-60 throughbefore eighthSeptember grade:1, 2023;

(1)AAan12-61 indicator(2)AAfor campuses that accountsserve for the percentage of students participating in school-sponsored12-62 extracurricularprekindergarten, oran cocurricularindicator studentthat activitiesaccounts consistentfor with the findings of the extracurricular and cocurricular student activity12-63 indicatorparticipation studyin requiredfull-day underprekindergarten Sectionprograms; 39.0533, as that section existed immediately before September 1, 2023;

(2)AAfor12-64 (3)AAfor campuses that serve students in prekindergarten,kindergarten 12-65 through fifth grade, an indicator that accounts for studentteacher participation12-66 incompletion full-dayrates prekindergartenof programs;the literacy achievement academies and 12-67 mathematics achievement academies established under Sections 12-68 21.4552 and 21.4553;

(3)AAfor12-69 campuses(4)AAan indicator that serveaccounts for students in kindergartengrades throughS.B.ANo.A9 fifth13-1 grade,six, anseven, indicatorand thateight accountswho forsuccessfully teachercomplete completiona ratescareer ofand the13-2 literacytechnology achievementcourse academiesapproved andfor mathematicspurposes achievementof academiesthe establishedcareer underand Sections13-3 21.4552technology andeducation 21.4553;allotment under Section 48.106;

(4)AAanand 13-4 (5)AAan indicator that accounts for students inwho grades13-5 six,successfully seven,complete and eightreceive whocredit successfullyfor complete a careercourse anddesignated technology13-6 coursefor approveda forgrade purposeshigher ofthan the careergrade andin technologywhich educationthe allotmentstudent underis Sectionenrolled. 48.106;

and13-7 (5)AAan(c)AAThe indicatoragency thatshall accountspost forthe studentsinformation whocollected successfullyunder complete13-8 andSubsection receive(a) crediton forthe aTexas courseSchool designatedAccountability forDashboard a13-9 gradedeveloped higherunder thanSection the39.309. grade in which the student is enrolled.

(c)13-10 AAThe(d)AAThis agencysection shallmay postnot be construed to limit the informationauthority collected13-11 underto Subsectionmodify (a)performance onindicators theunder TexasSection School39.053 Accountabilityto Dashboardinclude developed13-12 underindicators Sectiondescribed 39.309.by this section.

(d)13-13 AAThisSec.A39.0534.AAACCOUNTABILITY sectionADVISORY mayCOMMITTEE. not be construed to limit the authority S.B.ANo.A9 to modify performance indicators under Section 39.053 to include indicators described by this section.

Sec.(a) The 13-14 commissioner shall establish an accountability advisory committee 13-15 to advise the commissioner and the agency regarding the adoption 13-16 and modification of performance standards and indicators required 13-17 under this chapter.

A39.0534.AAACCOUNTABILITYThe ADVISORYcommittee COMMITTEE.must meet at least once during 13-18 the year preceding the school year for which the commissioner 13-19 proposes to modify the performance standards under Section 13-20 39.053(f-1).

(a)13-21 The(b)AAThe commissioner shall establish an accountability advisory committee tomust adviseinclude: the commissioner and the agency regarding the adoption and modification of performance standards and indicators required under this chapter.

The13-22 committee(1)AAa muststaff meetmember atfrom least once during the yearoffice precedingof the schoolgovernor; year for which the commissioner proposes to modify the performance standards under Section 39.053(f-1).

(b)AAThe13-23 committee(2)AAa muststaff include:member from the office of the lieutenant 13-24 governor;

(1)AAa13-25 (3)AAa staff member from the office of the governor;speaker of 13-26 the house of representatives;

(2)AAa13-27 (4)AAa staff member from the office of theeach lieutenantchair governor;of a 13-28 standing legislative committee with primary jurisdiction over 13-29 primary and secondary education;

(3)AAaand staff13-30 member(5)AAa fromrepresentative the office of theeach speakerstakeholder ofgroup the13-31 housedescribed ofby representatives;Section 39.053(f).

(4)AAa13-32 staff(c)AAThe membercommittee fromshall provide minutes of each committee 13-33 meeting within a reasonable time after the officemeeting to the governor, 13-34 the lieutenant governor, the speaker of the house of 13-35 representatives, and each chairmember of athe standing legislative committee13-36 committees with primary jurisdiction over primary and secondary education;13-37 education.

and13-38 (5)AAaSECTIONA2.004.AASection representative39.054, ofEducation eachCode, stakeholderis groupamended described13-39 by Sectionamending 39.053(f).Subsections (a), (a-3), (a-4), and (a-5) and adding 13-40 Subsections (a-6), (a-7), and (c) to read as follows:

(c)13-41 AAThe(a)AAExcept committeeas shallprovided provideby minutesSubsection of(a-4), eachthe committee13-42 meetingcommissioner withinshall aadopt reasonablerules time after the meeting to theevaluate governor,school thedistrict lieutenantand governor,13-43 thecampus speakerperformance ofand, theeach houseschool ofyear, representatives,assign and each memberdistrict ofand the13-44 standingcampus legislativean committeesoverall withperformance primaryrating jurisdictionof overA, primaryB, andC, secondaryD, education.or F.

S.B.ANo.A9In SECTIONA2.004.AASection13-45 39.054,addition Educationto Code,the isoverall amendedperformance byrating, amendingeach Subsectionsschool (a),year, (a-3),the (a-4),13-46 andcommissioner (a-5)shall assign each district and addingcampus Subsectionsa (a-6),separate (a-7),13-47 anddomain (c)performance torating readof asA, follows:B, C, D, or F for each domain under 13-48 Section 39.053(c).

(a)AAExceptAn asoverall providedor bydomain Subsection (a-4), the commissioner shall adopt rules to evaluate school district and campus performance and, each school year, assign each district and campus an overall performance rating of A,A B,13-49 C,reflects D,exemplary orperformance. F.

InAn addition to the overall performanceor rating, each school year, the commissioner shall assign each district and campus a separate domain performance 13-50 rating of A,B B,reflects C,recognized D,performance. or F for each domain under Section 39.053(c).

An overall or domain 13-51 performance rating of AC reflects exemplaryacceptable performance.

An 13-52 overall or domain performance rating of BD reflects recognizedperformance performance.that 13-53 needs improvement.

An overall or domain performance rating of CF 13-54 reflects acceptableunacceptable performance.

AnA district may not receive an 13-55 overall or domain performance rating of DA reflectsif the district includes 13-56 any campus with a corresponding overall or domain performance that13-57 needsrating improvement.of D or F.

AnIf a school district has been approved under 13-58 Section 39.0544 to assign campus performance ratings and the 13-59 commissioner has not assigned a campus an overall performance 13-60 rating of D or domainF, the commissioner shall assign the campus an 13-61 overall performance rating ofbased Fon reflectsthe unacceptableschool performance.district assigned 13-62 performance rating under Section 39.0544.

A13-63 district(a-3)AAExcept mayas notprovided receiveby anSubsection overall(c), ornot domain[Not] performancelater rating13-64 than August 15 of Aeach ifyear, the districtfollowing includesinformation anyshall campusbe withmade a13-65 correspondingpublicly overallavailable oras domainprovided performanceby ratingrules ofadopted Dunder orthis F.13-66 section:

If13-67 a(1)AAthe school district has been approved under Section 39.0544 to assign campus performance ratings andfor theeach commissioner has not assigned a campus an overall performance rating of D or F, the commissioner shall assign the campus an overall performance rating based on the school district assigned13-68 performanceand ratingcampus; under Section 39.0544.

(a-3)AAExceptand as13-69 provided(2)AAif byapplicable, Subsectionthe (c),number notof [Not]consecutive laterschool thanS.B.ANo.A9 August14-1 15years of eachunacceptable year,performance theratings followingfor informationeach shalldistrict beand made14-2 S.B.ANo.A9campus. publicly available as provided by rules adopted under this section:

(1)AAthe14-3 performance(a-4)AANotwithstanding ratingsany forother eachlaw and except as provided 14-4 by Subsection (a-6), the commissioner may assign a school district and14-5 campus;or campus an overall performance rating of "Not Rated" if the 14-6 commissioner determines that the assignment of a performance rating 14-7 of A, B, C, D, or F would be inappropriate because:

and14-8 (2)AAif(1)AAthe applicable,district theor numbercampus ofis consecutivelocated schoolin yearsan area that 14-9 is subject to a declaration of unacceptablea state of disaster under Chapter 14-10 418, Government Code, and due to the disaster, performance ratings14-11 indicators for eachthe district or campus are difficult to measure or 14-12 evaluate and campus.would not accurately reflect quality of learning and 14-13 achievement for the district or campus;

(a-4)AANotwithstanding14-14 any(2)AAthe other law and except as provided by Subsection (a-6), the commissioner may assign a school district or campus anhas overallexperienced performancebreaches ratingor of14-15 "Notother Rated"failures ifin thedata commissionerintegrity determinesto that the assignmentextent ofthat aaccurate performance14-16 ratinganalysis of A,data B,regarding C,performance D,indicators oris Fnot wouldpossible; be inappropriate because:

(1)AAthe14-17 district(3)AAthe ornumber campusof isstudents locatedenrolled in an area that is subject to a declaration of a state of disaster under Chapter 418, Government Code, and due to the disaster, performance indicators for the district or 14-18 campus areis difficultinsufficient to measureaccurately or evaluate andthe wouldperformance not accurately reflect quality of learning14-19 and achievement for the district or campus;

(2)AAtheor district14-20 or(4)AAfor campusother hasreasons experiencedoutside breachesthe orcontrol otherof failuresthe in14-21 datadistrict integrityor tocampus, the extentperformance thatindicators accuratewould analysisnot accurately 14-22 reflect quality of datalearning regardingand performanceachievement indicatorsfor isthe notdistrict possible;or 14-23 campus.

(3)AAthe14-24 number(a-5)AANotwithstanding any other law, an overall performance 14-25 rating of students"Not enrolledRated" is not included in thecalculating districtconsecutive or14-26 campusschool years of unacceptable performance ratings and is insufficientnot to14-27 accuratelyconsidered evaluatea thebreak in consecutive school years of unacceptable 14-28 performance ratings for purposes of theany districtprovision orof campus;this code.

Any 14-29 interventions or (4)AAforsanctions otherto reasonswhich outsidea theschool controldistrict ofor campus is 14-30 subject under Chapter 39A shall continue during a period in which 14-31 the district or campus,campus theis assigned an overall performance indicatorsrating wouldof 14-32 "Not Rated." 14-33 (a-6)AAThe commissioner may not accuratelyassign reflectan qualityoverall 14-34 performance rating of learning"Not andRated" achievementto forall theschool districtdistricts or S.B.ANo.A9all campus.14-35 campuses on a statewide basis.

(a-5)14-36 AANotwithstanding(a-7)AAIf anythe otheragency law,makes anchanges overallto performancethe ratingassessment ofprogram "Not14-37 Rated"under isSection not39.022 includedfor inassessment calculatinginstruments consecutiveadministered schoolunder years14-38 ofthis unacceptablesubchapter that require new standards for issuing performance 14-39 ratings andunder isthis notsection, consideredthe agency must conduct a breakperformance in14-40 consecutivecomparison schoolanalysis yearsbetween ofthe unacceptableprogram performanceas ratingschanged forand purposesthe of14-41 anypreceding provisionprogram ofto thisestablish code.roughly comparable standards for 14-42 issuing performance ratings.

Any14-43 interventions(c)AAThe orcommissioner sanctionsshall tomake whichthe ainformation schoolunder district14-44 orSubsection campus(a-3) isavailable subjectas undersoon Chapteras 39Areasonably shallpossible continuein duringyears a14-45 period in which the districtstandards orare campusmodified isor assignedrecalibrated anor overallin performancewhich ratinga of14-46 "Notnew Rated."assessment (a-6)AATheinstrument commissioneris mayoffered. not assign an overall performance rating of "Not Rated" to all school districts or all campuses on a statewide basis.

(a-7)AAIf14-47 theSECTIONA2.005.AASection agency39.0541, makesEducation changesCode, tois theamended assessment14-48 programto underread Section 39.022 for assessment instruments administered under this subchapter that require new standards for issuing performance ratings under this section, the agency must conduct a performance comparison analysis between the program as changedfollows: and the preceding program to establish roughly comparable standards for issuing performance ratings.

(c)AAThe14-49 commissionerSec.A39.0541.AAADOPTION shallOF makeINDICATORS theAND informationSTANDARDS. 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.

SECTION14-50 A2.005.AASection(a)AASubject 39.0541,to EducationSubsection Code,(b), isthe amended[The] tocommissioner readmay asadopt follows:14-51 indicators and standards under this subchapter at any time [during 14-52 a school year] before issuing the evaluation of a school district or 14-53 campus.

Sec.14-54 (b)AAIf the commissioner does not initially adopt 14-55 performance standards by the July 15 immediately preceding a school 14-56 year, district and campus performance ratings for that school year 14-57 shall be based on the performance standards in effect for the 14-58 preceding school year.

A39.0541.AAADOPTION14-59 OFSECTIONA2.006.AASection INDICATORS39.0542(a), ANDEducation STANDARDS.Code, is 14-60 amended to read as follows:

S.B.ANo.A914-61 (a)AASubject(a)AANot tolater Subsectionthan (b),July 15 of each [Each school] year, the [The]14-62 commissioner mayshall adoptprovide indicatorseach andschool district a document in a 14-63 simple, accessible format that explains the accountability 14-64 performance standards adopted under thisSections subchapter39.0241 atand any39.053(f) time14-65 [duringfor athe following school year]year beforeand issuing the evaluationmeasures, ofmethods, aand 14-66 procedures that will be applied for that school year in assigning 14-67 each school district orand campus.campus a performance rating under Section 14-68 39.054.

(b)AAIf14-69 theSECTIONA2.007.AASection commissioner39.0544, doesEducation notCode, initiallyis adoptamended performanceS.B.ANo.A9 standards15-1 by theadding JulySubsection 15(f) immediatelyto precedingread aas schoolfollows: year, district and campus performance ratings for that school year shall be based on the performance standards in effect for the preceding school year.

SECTIONA2.006.AASection15-2 39.0542(a),(f)AAFrom Educationmoney Code,appropriated isor amendedotherwise available for the 15-3 purpose, the agency shall establish a grant program to readassist asat follows:15-4 least one school district in each education service center region 15-5 in developing a local accountability plan that complies with the 15-6 requirements of this section.

(a)AANot15-7 laterSECTIONA2.008.AASection than39.201(a), JulyEducation 15Code, ofis each15-8 [Eachamended school]to year,read theas commissionerfollows: 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.

SECTIONA2.007.AASection15-9 39.0544,(a)AAThe Education[Not Code,later isthan amendedAugust by8 addingof Subsectioneach (f)year, tothe] read15-10 commissioner shall award distinction designations for outstanding 15-11 performance as follows:provided by this subchapter concurrently with the 15-12 assignment of performance ratings under Section 39.054.

(f)AAFromA money15-13 appropriateddistinction ordesignation otherwiseawarded availableto fora thedistrict purpose,or thecampus agencyunder shallthis establish15-14 asubchapter grantshall programbe toreferenced assistdirectly atin leastconnection onewith schoolthe district15-15 inperformance eachrating educationassigned serviceto centerthe regiondistrict inor developingcampus aand localmade accountability15-16 planpublicly thatavailable compliestogether with the requirementsperformance ofratings thisas section.15-17 provided by rules adopted under Section 39.054 [39.054(a)].

SECTIONA2.008.AASection15-18 39.201(a),SECTIONA2.009.AASection 39A.107(c), Education Code, is S.B.ANo.A915-19 amended to read as follows:

(a)15-20 AAThe(c)AAIf [Notthe later than August 8 of each year, the] commissioner shalldoes awardnot distinctionapprove designationsa forcampus outstandingturnaround performance15-21 asplan, provided by this subchapter concurrently with the assignmentcommissioner ofshall performanceorder: ratings under Section 39.054.

A15-22 distinction(1)AAappointment designationof awarded to a districtboard orof campusmanagers underto thisgovern subchapter shall be referenced directly in connection with the performance15-23 ratingschool assigned to the district or campus and made publicly available together with the performance ratings as provided by rules adopted under Section 39.05439A.202; [39.054(a)].

SECTION15-24 A2.009.AASection(2)AAalternative 39A.107(c),management Educationof Code,the iscampus; amended to read as follows:

(c)15-25 AAIf(3)AAoperation of the commissionercampus doesby notan approveentity awith campuswhich turnaroundthe plan,15-26 theschool commissionerdistrict shallcontracts order:under Section 11.174;

(1)AAappointmentor of15-27 a(4)A[(3)]AAclosure board of managers to govern the schoolcampus. district as provided by Section 39A.202;

(2)AAalternative15-28 managementSECTIONA2.010.AASection of39A.108, theEducation campus;Code, is amended 15-29 to read as follows:

(3)AAoperation15-30 ofSec.A39A.108.AAIMPLEMENTATION theOF campusCAMPUS byTURNAROUND anPLAN. entity with which the school district contracts under Section 11.174;

or15-31 (4)A[(3)]AAclosureSubject to Section 39A.110(a), following [Following] approval of a 15-32 campus turnaround plan by the campus.commissioner, the school district, in 15-33 consultation with the campus intervention team, shall [may] take 15-34 any actions needed to implement [prepare for the implementation of] 15-35 the plan.

SECTIONA2.010.AASection15-36 39A.108,SECTIONA2.011.AASection 39A.110(a), Education Code, is 15-37 amended to read as follows:

Sec.15-38 (a)AAIf a campus for which a campus turnaround plan has been 15-39 ordered under Section 39A.101 receives an acceptable performance 15-40 rating subsequent to [for the school year following] the order, the 15-41 [board of trustees of the] school district is no longer required to 15-42 [may:

A39A.108.AAIMPLEMENTATION15-43 OF[(1)] CAMPUSimplement TURNAROUNDthe PLAN.campus turnaround plan[;

Subject15-44 to[(2) Sectionimplement 39A.110(a),a followingmodified [Following]version approval of a campus turnaround plan by the commissioner, the school district, in consultation with the campus intervention15-45 team,turnaround shallplan; [may] take any actions needed to implement [prepare for the implementation of] S.B.ANo.A9 the plan.

SECTIONor A2.011.AASection15-46 39A.110(a),[(3) Educationwithdraw Code,the iscampus amendedturnaround toplan]. read as follows:

(a)15-47 AAIfSECTIONA2.012.AASubchapter aZ, campusChapter for39A, whichEducation aCode, campus15-48 turnaroundis planamended hasby beenadding ordered under Section 39A.10139A.908 receives an acceptable performance rating subsequent to [forread theas schoolfollows: year following] the order, the [board of trustees of the] school district is no longer required to [may:

[(1)]15-49 implementSec.A39A.908.AAINTERVENTIONS theAND campusSANCTIONS turnaroundWHILE plan[;ASSIGNMENT 15-50 OF PERFORMANCE RATINGS ENJOINED.

[(2)(a) implementNotwithstanding any other 15-51 law, during a modifiedperiod versionin ofwhich the agency is enjoined from assigning 15-52 performance ratings to a school district, open-enrollment charter 15-53 school, or district or school campus, any previously imposed 15-54 interventions or sanctions to which the district, school, or campus turnaround15-55 plan;is subject shall continue throughout that period.

or15-56 [(3)(b)AAAs withdrawsoon as practicable after the campusdissolution turnaroundof plan].an 15-57 injunction described by Subsection (a), the agency shall:

SECTIONA2.012.AASubchapter15-58 Z,(1)AAassign Chapterperformance 39A,ratings Educationfor Code,each isschool amendedyear by15-59 addingand Sectionto 39A.908each toschool readdistrict, asopen-enrollment follows:charter school, and 15-60 district or school campus for which the agency was enjoined from 15-61 assigning performance ratings;

Sec.A39A.908.AAINTERVENTIONSand AND15-62 SANCTIONS(2)AAas WHILEapplicable, ASSIGNMENTimpose OFany PERFORMANCEappropriate RATINGS15-63 ENJOINED.interventions or sanctions authorized under this chapter based on 15-64 the ratings assigned under Subdivision (1).

(a)15-65 Notwithstanding(c)AANotwithstanding any other law, duringif a period in which the agency is 15-66 permanently enjoined from assigning performance ratings to a school 15-67 district, open-enrollment charter school, or district or school campus,15-68 anycampus previouslyfor imposeda interventionsschool oryear, sanctionsthe toagency whichshall consider the district, 15-69 school, or campus isto subjecthave shallreceived continuea throughout"Not Rated" rating for that period.S.B.ANo.A9 16-1 school year for purposes of:

(b)AAAs16-2 soon(1)AAcalculating asconsecutive practicableyears after the dissolution of anperformance; injunction described by Subsection (a), the agency shall:

(1)AAassignand performance16-3 ratings(2)AAdetermining forwhether each school year and to eachimpose schoolan district,intervention open-enrollment charter school, and district or school16-4 campussanction forauthorized whichunder thethis agencychapter. was enjoined from assigning performance ratings;

and16-5 S.B.ANo.A9(d)AATo (2)AAasensure applicable,the imposeexpeditious anyimplementation appropriateof 16-6 interventions or sanctions authorized under this chapterchapter, basedthe onagency may 16-7 modify or waive a deadline or time frame required by law or agency 16-8 rule applicable to the assignment of performance ratings assignedfor undera Subdivision16-9 (1).school year for which the agency was enjoined from assigning 16-10 performance ratings.

(c)AANotwithstanding16-11 any(e)AAExcept otheras law,provided ifby Subsection (f), the agency isshall permanently16-12 enjoinedimpose froman assigningintervention performanceor ratingssanction todescribed aby schoolSubsection district,(b)(2) open-enrollment16-13 charter school, or district(c)(2) oras schoolrequired campusby forlaw aunless school year, the agencyintervention shall consider the district, school, or campussanction, toas have16-14 receiveddetermined aby "Notthe Rated"commissioner: rating for that school year for purposes of:

(1)AAcalculating16-15 consecutive(1)AAhas yearsbeen ofsuperseded performance;by a subsequent intervention 16-16 or sanction;

andor (2)AAdetermining16-17 whether(2)AAmay tobe imposeremoved anbased interventionon the subsequent performance 16-18 of a school district, open-enrollment charter school, or sanctiondistrict authorized16-19 underor thisschool chapter.campus.

(d)16-20 AATo(f)AAThe ensurecommissioner theshall expeditiousimpose implementationan ofintervention interventionsdescribed 16-21 by Section 12.115(c), 39A.004, or sanctions39A.111, underas thisapplicable, chapter,on thea agency16-22 mayschool modifydistrict, oropen-enrollment waivecharter aschool, deadlineor district or time16-23 frameschool requiredcampus byif lawthe district, school, or agencycampus rulewould applicablehave been 16-24 subject to commissioner action under the assignmentapplicable ofsection based 16-25 on the performance ratingsrating of the district, school, or campus for a 16-26 school year for which the agency was enjoined from assigning 16-27 performance ratings.ratings, regardless of the performance of the district, 16-28 school, or campus in a subsequent school year.

(e)AAExcept16-29 (g)AAExcept as provided by Subsection (f),(h), the agencycommissioner 16-30 shall imposerevoke a charter holder’ s charter for an interventionopen-enrollment or16-31 sanctioncharter describedschool byfor Subsectionwhich (b)(2)the orcharter (c)(2)holder asreceived requireda bycharter law16-32 unlessrenewal based on the interventionabsence orof sanction,a asperformance determinedrating byfor a school 16-33 year for which the commissioner:agency was enjoined from assigning a performance 16-34 rating if, after the assignment of performance ratings for that 16-35 year, the charter would not have been renewed under Section 16-36 12.1141(d), regardless of the performance of the school in a 16-37 subsequent school year.

(1)AAhas16-38 been(h)AASubsection superseded(g) bydoes not apply to a subsequentcharter interventionholder orfor sanction;16-39 which the agency has renewed the charter based on the charter holder 16-40 entering into and meeting the requirements of a performance 16-41 agreement with the agency.

or16-42 (2)AAmaySECTIONA2.013.AASection be312.003(a), removedLabor basedCode, onas theamended subsequent16-43 performanceby ofH.B. a school district, open-enrollment charter school, or district or school campus.

S.B.ANo.A9 (f)AAThe 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)AAExcept as provided by Subsection (h), 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.

(h)AASubsection (g) does not apply to a charter holder for which the agency has renewed the charter based on the charter holder entering into and meeting the requirements of a performance agreement with the agency.

SECTIONA2.013.AASection 312.003(a), Labor Code, as amended by H.B.

120, Acts of the 89th Legislature, Regular 16-44 Session, 2025, is amended to read as follows:

(a)16-45 AAThe(a)AAThe advisory council shall develop an inventory of 16-46 industry-recognized certifications that may be earned by a public S.B.ANo.A916-47 high school student through a career and technology education 16-48 program and that:

16-49 (1)AAare aligned to state and regional workforce needs;

16-50 [and] 16-51 (2)AAserve as an entry point to middle- and high-wage 16-52 jobs;

and 16-53 (3)AAmeet the requirements of Section 39.0531(a), 16-54 Education Code.

SECTION16-55 A2.014.AATheSECTIONA2.014.AAThe following provisions of the Education 16-56 Code are repealed:

16-57 (1)AASection 39A.106;

and 16-58 (2)AASection 39A.110(b).

16-59 ARTICLE 3.

TRANSPARENCY REGARDING PUBLIC SCHOOL PERFORMANCE 16-60 SECTIONA3.001.AASection 7.057(d), Education Code, is amended 16-61 to read as follows:

(d)16-62 AAA(d)AAA person aggrieved by an action of the agency or 16-63 decision of the commissioner under this section may appeal to a 16-64 district court in Travis County.

An appeal must be made by serving 16-65 the commissioner with citation issued and served in the manner 16-66 provided by law for civil suits.

The petition must state the action 16-67 or decision from which the appeal is taken.

At trial, the court 16-68 shall determine all issues of law and fact, except as provided by 16-69 Section 33.081(g).

S.B.ANo.A9 17-1 SECTIONA3.002.AAThe heading to Section 39.001, Education 17-2 Code, is amended to read as follows:

17-3 Sec.A39.001.AARULES;

17-4 SECTIONA3.003.AASection 39.001, Education Code, is amended S.B.ANo.A917-5 by adding Subsection (c) to read as follows:

(c)17-6 AAA(c)AAA school district or open-enrollment charter school 17-7 must bring an action for declaratory judgment under Section 17-8 2001.038, Government Code, challenging the validity or 17-9 applicability of a rule adopted under this chapter or Chapter 39A 17-10 not later than six months after the date the rule is adopted.

17-11 SECTIONA3.004.AASubchapter A, Chapter 39, Education Code, is 17-12 amended by adding Section 39.009 to read as follows:

Sec.17-13 Sec.A39.009.AACOMPLIANCE WITH CERTAIN CHAPTER REQUIREMENTS;

A39.009.AACOMPLIANCE17-14 WITHLEGISLATIVE CERTAINOVERSIGHT. CHAPTER REQUIREMENTS;

LEGISLATIVE(a) OVERSIGHT.Failure to comply with a requirement of 17-15 Subchapter B, C, or D:

(a)17-16 Failure(1)AAdoes tonot complyprevent: with a requirement of Subchapter B, C, or D:

(1)AAdoes17-17 not(A)AAthe prevent:administration of a statewide assessment 17-18 instrument required under Subchapter B;

(A)AAtheor administration17-19 of(B) aAAthe statewideassignment assessmentof instrumentperformance requiredratings under Subchapter17-20 B;Section 39.054;

orand (B)AAthe17-21 assignment(2)AAmay ofnot performancebe ratingsthe underbasis Sectionof 39.054;a challenge to:

and17-22 (2)AAmay(A)AAa notperformance berating theassigned basisunder ofSection a17-23 challenge39.054; to:

(A)AAaor performance17-24 rating(B) assignedAAan intervention or sanction imposed under Section17-25 39.054;this chapter or Chapter 39A.

or17-26 (B)AAan(b)AAEach interventionstanding orlegislative sanctioncommittee imposedwith underprimary this17-27 chapterjurisdiction over primary and secondary education shall establish a 17-28 process to receive information regarding a failure to comply with a 17-29 requirement of Subchapter B, C, or ChapterD 39A.and may require the agency to 17-30 provide justification for that failure.

(b)The AAEachagency standingmust legislativenotify committee17-31 witheach primarycommittee jurisdictionif overthe primaryagency andis secondaryaware educationthat shallthe establishcommissioner aor process17-32 toagency receivehas informationfailed regardingto meet a failuredeadline toor complyother with a requirement ofunder 17-33 Subchapter B, C, or DD. and may require the agency to provide justification for that failure.

The17-34 agencySECTIONA3.005.AASection must39.151(e), notifyEducation eachCode, committee if the agency is aware17-35 thatamended the commissioner or S.B.ANo.A9 agency has failed to meetread aas deadlinefollows: or other requirement under Subchapter B, C, or D.

SECTION17-36 A3.005.AASection(e)AAA 39.151(e),school Educationdistrict Code,or isopen-enrollment amendedcharter school may 17-37 not challenge on any basis, including a lack of commissioner or 17-38 agency authority, an agency decision relating to readan asacademic follows:or 17-39 financial accountability rating under this chapter, including a 17-40 decision relating to a determination of consecutive school years of 17-41 unacceptable performance ratings, in another proceeding unless 17-42 [if] the district or school has exhausted the district’s or school’s 17-43 remedies [had an opportunity to challenge the decision] under this 17-44 section.

(e)17-45 AAASECTIONA3.006.AASection school45.105(c-1), districtEducation orCode, open-enrollmentis charter17-46 schoolamended may not challenge on any basis, including a lack of commissioner or agency authority, an agency decision relating to anread academicas orfollows: financial accountability rating under this chapter, including a decision relating to a determination of consecutive school years of unacceptable performance ratings, in another proceeding unless [if] the district or school has exhausted the district’s or school’s remedies [had an opportunity to challenge the decision] under this section.

SECTIONA3.006.AASection17-47 45.105(c-1),(c-1)AANotwithstanding Educationany Code,other islaw, amendedfederal, state, or 17-48 local funding, including funding under Chapters 46, 48, and 49, 17-49 [Funds described by Subsection (c)] may not be used to readinitiate asor follows:17-50 maintain any action or proceeding against the state or an agency or 17-51 officer of the state, including an action or proceeding that 17-52 includes a claim of ultra vires conduct [arising out of a decision, 17-53 order, or determination that is final and unappealable under a 17-54 provision of this code], except that funds may be used for an action 17-55 or proceeding that is specifically authorized by a provision of 17-56 this code or by Section 2001.038, Government Code [a rule adopted 17-57 under this code and that results in a final and unappealable 17-58 decision, order, or determination].

(c-1)17-59 AANotwithstandingARTICLE any4. other law, federal, state, or local funding, including funding under Chapters 46, 48, and 49, [Funds described by Subsection (c)] may not be used to initiate or maintain any action or proceeding against the state or an agency or officer of the state, including an action or proceeding that includes a claim of ultra vires conduct [arising out of a decision, order, or determination that is final and unappealable under a provision of this code], except that funds may be used for an action or proceeding that is specifically authorized by a provision of this code or by Section 2001.038, Government Code [a rule adopted under this code and that results in a final and unappealable decision, order, or determination].

S.B.ANo.A9CONFORMING ARTICLECHANGES 4.AND CHANGES RELATED TO TRANSITION OF 17-60 ASSESSMENT PROGRAM 17-61 SECTIONA4.001.AASection 7.056(e), Education Code, is amended 17-62 to read as follows:

CONFORMING17-63 CHANGES(e)AAExcept ANDas CHANGESprovided RELATEDby TOSubsection TRANSITION(f), OFa ASSESSMENTschool PROGRAMcampus SECTIONor A4.001.AASection17-64 7.056(e),district Educationmay Code,not isreceive amendedan toexemption reador aswaiver follows:under this section 17-65 from:

(e)17-66 AAExcept(1)AAa asprohibition providedon byconduct Subsectionthat (f),constitutes a school17-67 campuscriminal oroffense; district may not receive an exemption or waiver under this section from:

(1)AAa17-68 prohibition(2)AAa onrequirement conductimposed thatby constitutesfederal law or rule, 17-69 including a criminalrequirement offense;for special education or bilingual S.B.ANo.A9 18-1 education programs;

(2)AAa requirement imposed by federal law or rule,18-2 including(3)AAa arequirement, requirementrestriction, for special education or bilingualprohibition education18-3 programs;relating to:

18-4 (A) AAessential knowledge or (3)AAaskills requirement,under restriction,Section 18-5 28.002 or prohibitionhigh relatingschool to:graduation requirements under Section 28.025;

(A)AAessential18-6 knowledge(B) orAApublic skillsschool underaccountability Sectionas 28.002provided orby high18-7 schoolSubchapters graduationB, requirementsC, underD, Sectionand 28.025;J, Chapter 39, and Chapter 39A;

(B)AApublic18-8 school(C) accountabilityAAextracurricular asactivities providedunder bySection Subchapters18-9 B,33.081 C,[or D,participation andin J,a ChapterUniversity 39,Interscholastic andLeague Chapter18-10 39A;area, regional, or state competition under Section 33.0812];

(C)AAextracurricular18-11 activities(D) underAAhealth Sectionand 33.081safety [or participation in a University Interscholastic League area, regional, or state competition under SectionChapter 33.0812];38;

(D)AAhealth18-12 and(E) safetyAApurchasing under Subchapter B, Chapter 38;44;

(E)AApurchasing18-13 under(F) SubchapterAAelementary B,school Chapterclass 44;size limits, except 18-14 as provided by Section 25.112;

(F)AAelementary18-15 school(G) classAAremoval sizeof limits,a exceptdisruptive asstudent providedfrom bythe Section18-16 25.112;classroom under Subchapter A, Chapter 37;

(G)AAremoval18-17 of(H)AAat-risk aprograms disruptive student from the classroom under Subchapter A,C, Chapter 37;18-18 29;

S.B.ANo.A918-19 (H)AAat-risk(I) AAprekindergarten programs under Subchapter C,E, 18-20 Chapter 29;

(I)AAprekindergarten18-21 programs(J) AAeducator rights and benefits under Subchapter18-22 Subchapters A, C, D, E, F, G, and I, Chapter 29;21, or under Subchapter 18-23 A, Chapter 22;

(J)AAeducator18-24 rights(K)AAspecial andeducation benefitsprograms under Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter 18-25 A, Chapter 22;29;

(K)AAspecial18-26 (L)AAbilingual education programs under 18-27 Subchapter A,B, Chapter 29;

(L)AAbilingualor education18-28 programs(M) underAAthe Subchapterrequirements B,for Chapterthe 29;first day of 18-29 instruction under Section 25.0811.

or18-30 (M)AAtheSECTIONA4.002.AASection requirements11.185(b), forEducation theCode, firstis day18-31 ofamended instructionto underread Sectionas 25.0811.follows:

SECTIONA4.002.AASection18-32 11.185(b),(b)AAEach Educationplan Code,adopted isunder amendedSubsection to(a) readmust: as follows:

(b)18-33 AAEach(1)AAidentify planannual adoptedgoals for students in each group 18-34 evaluated under Subsectionthe (a)closing must:the gaps domain under Section 18-35 39.053(c)(3);

(1)AAidentify18-36 (2)AAinclude annual goals for studentsaggregate instudent eachgrowth group18-37 evaluatedon under the closingthird thegrade gapsreading domainlanguage arts or mathematics assessment 18-38 instrument, as applicable, administered under Section 39.053(c)(3);39.023 or on 18-39 an alternative assessment instrument determined by the board of 18-40 trustees;

(2)AAinclude18-41 annual(3)AAprovide goals for aggregatetargeted studentprofessional growthdevelopment onfor the18-42 thirdclassroom gradeteachers readingin languagekindergarten artsor first, second, or mathematicsthird assessmentgrade instrument,18-43 aswho applicable,are administeredassigned underto Sectioncampuses 39.023that orthe onboard anof alternativetrustees assessmentidentifies instrument18-44 determinedas bynot meeting the boardplan ofs trustees;goals;

(3)AAprovide18-45 for(4)AAassign targetedat professionalleast developmentone fordistrict-level classroomadministrator teachers18-46 in kindergarten or first,employee second,of or third grade who are assigned to campuses that the boardregional ofeducation trusteesservice identifiescenter S.B.ANo.A9for as not meeting the plan18-47 district s goals;region to:

(4)AAassign18-48 at(A) leastAAcoordinate oneimplementation district-level administrator or employee of the regionalplan; education service center for the district’s region to:

(A)AAcoordinateand implementation18-49 (B)AAsubmit an annual report to the board of 18-50 trustees on the district’ s progress toward the goals set under the 18-51 plan;

and (B)AAsubmit18-52 an(5)AAbe annualreviewed reportannually toby the board of trustees onat thea district’18-53 spublic progressmeeting. toward the goals set under the plan;

and18-54 (5)AAbeSECTIONA4.003.AASection reviewed21.4552(c), annuallyEducation byCode, theis board18-55 ofamended trusteesto atread aas publicfollows: meeting.

SECTIONA4.003.AASection18-56 21.4552(c),(c)AAThe Educationcommissioner Code,shall isadopt amendedcriteria tofor readselecting as18-57 follows:teachers who may attend a literacy achievement academy.

(c)In AAThe18-58 commissioneradopting shallselection adopt criteria forunder selectingthis teacherssubsection, whothe may18-59 attendcommissioner ashall: literacy achievement academy.

In18-60 adopting(1)AArequire selectiona criteriateacher to attend a literacy achievement 18-61 academy if the teacher provides instruction in reading, 18-62 mathematics, science, or social studies to students at the sixth, 18-63 seventh, or eighth grade level at a campus that fails to satisfy any 18-64 standard under thisSection subsection,39.054(e) on the commissionerbasis shall:of student 18-65 performance on the reading language arts assessment instrument 18-66 administered under Section 39.023(a) to students in any grade level 18-67 at the campus;

(1)AArequire18-68 a(2)AAgrant teacherpriority to attendteachers aemployed literacyby achievementa academyschool if18-69 thedistrict teacher provides instruction in reading, mathematics, science, or social studies to students at the sixth, seventh, or eighth grade level at a campus thatat failswhich to50 satisfypercent anyor standardmore under Section 39.054(e) on the basis of student performance on the reading language arts assessment instrument administered under Section 39.023(a) to students inS.B.ANo.A9 any19-1 gradeenrolled levelare ateducationally thedisadvantaged; campus;

(2)AAgrantand priority19-2 to(3)AAprovide teachersa employedprocess bythrough which a schoolteacher districtnot 19-3 employed at a campus atdescribed whichby 50Subdivision percent(2) ormay moreattend ofthe 19-4 academy if the studentsacademy enrolledhas areavailable educationallyspace disadvantaged;and the school district 19-5 employing the teacher pays the costs of the teacher’s attendance.

and19-6 S.B.ANo.A9SECTIONA4.004.AASections (3)AAprovide28.0063(b) aand process(f), throughEducation whichCode, a19-7 teacheras notadded employed at a campus described by SubdivisionH.B. (2) may attend the academy if the academy has available space and the school district employing the teacher pays the costs of the teacher’s attendance.

SECTION2, A4.004.AASectionsActs 28.0063(b)of andthe (f),89th EducationLegislature, Code,Regular asSession, added19-8 by2025, H.B.are amended to read as follows:

2,19-9 Acts(b)AAA ofreading theor 89thmathematics Legislature,instrument Regularadopted Session,under 2025,19-10 areSubsection amended(a) tomust: read as follows:

(b)AAA19-11 reading(1)AAbe orbased mathematicson instrumentscientific adoptedresearch underconcerning, Subsectionas (a)19-12 must:applicable:

(1)AAbe19-13 based(A) onAAfoundational scientificliteracy researchskills concerning,in asreading applicable:19-14 development and comprehension;

(A)AAfoundationalor literacy19-15 skills(B) inAAfoundational readingnumeracy developmentskills andin comprehension;mathematics;

or19-16 (B)AAfoundational(2)AAbe numeracycapable skillsof inbeing mathematics;administered at the beginning, 19-17 middle, and end of the school year;

(2)AAbe19-18 capable(3)AAbe ofdesigned beingto administeredassess at the beginning,performance middle,of andstudents end19-19 ofin, theas schoolapplicable: year;

(3)AAbe19-20 designed(A) toAAthe assessfoundational theliteracy performanceskills components 19-21 of studentsthe in,essential asknowledge applicable:and skills adopted under Section 28.002 19-22 for language arts;

(A)AAtheor 19-23 (B)AAthe foundational literacynumeracy skills components 19-24 of the essential knowledge and skills adopted under Section 28.002 19-25 for languagemathematics; arts;

or19-26 (B)AAthe(4)AAbe foundationalcapable numeracyof skillsmonitoring componentsstudent ofprogress thein essentiala knowledge19-27 andmanner that allows school district staff to identify specific 19-28 foundational literacy or numeracy skills adoptedin underneed Sectionof 28.002targeted for19-29 mathematics;instruction;

(4)AAbe19-30 capable(5)AAassess ofwhether monitoringa studentstudent’s progressskills identified as in a19-31 mannerneed thatof allowstargeted schoolinstruction districtindicate staffthat tothe identifystudent specificis foundationalat literacyrisk, or19-32 numeracyas skillsdetermined inby needthe agency, of targetednot S.B.ANo.A9achieving instruction;satisfactory 19-33 performance on the third grade reading language arts or mathematics 19-34 assessment administered under Section 39.023;

(5)AAassess19-35 whether(6)AAfor a student’sreading skillsinstrument identifiedfor asstudents in need19-36 ofkindergarten targetedand instructionfirst indicategrade, thatinclude the studentapplicable iselements atand risk,19-37 ascriteria determinedto byserve theas agency, of not achieving satisfactory performance on the thirdrequired gradescreenings readingfor languagedyslexia artsand or19-38 mathematicsrelated assessmentdisorders administered under Section 39.023;38.003;

(6)AAforand 19-39 (7)AAfor a reading instrumentinstrument, forallow studentsa inschool kindergartendistrict and19-40 firstto grade,generate includea report regarding a student’ s reading progress, 19-41 including progress from previous administrations of the applicablesame elements19-42 instrument, that is clear and criteriaeasy to serveunderstand asthat may be 19-43 distributed to the requiredstudent screenings’s forparent dyslexiain andEnglish, relatedSpanish, disordersor, underto Sectionthe 38.003;19-44 extent practicable, any other language spoken by the parent.

and19-45 (7)AAfor(f)AAIf athe readingcommissioner instrument,determines allowthat a schoolbeginning-of-year district19-46 toor generatemiddle-of-year a[an reportinterim] regardingassessment ainstrument studentadopted sor reading19-47 progress,developed includingunder progressSection from39.023 previous[39.023(o)] administrationsprovides of the same instrument,19-48 thatintended isoutcomes clearas andan easyinstrument toadopted understandor thatapproved mayunder bethis distributed19-49 tosection, the student’scommissioner parentmay insubstitute English,that Spanish,beginning-of-year or,or to19-50 themiddle-of-year extent[interim] practicable,assessment anyinstrument otherfor languagean spokeninstrument by19-51 theadopted parent.or approved under this section.

(f)19-52 AAIfSECTIONA4.005.AASections the28.0211(a-8) commissionerand determines(o), thatEducation a19-53 beginning-of-yearCode, orare middle-of-yearamended [anto interim]read assessment instrument adopted or developed under Section 39.023 [39.023(o)] provides the same intended outcomes as anfollows: instrument adopted or approved under this section, the commissioner may substitute that beginning-of-year or middle-of-year [interim] assessment instrument for an instrument adopted or approved under this section.

SECTIONA4.005.AASections19-54 28.0211(a-8)(a-8)AAA andschool (o),district Educationmay Code,not arebe amendedrequired to readprovide as19-55 follows:supplemental instruction under Subsection (a-1)(2) to a student in 19-56 more than two subject areas per school year.

(a-8)AAAIf schoolthe district maywould not19-57 otherwise be required to provide supplemental instruction under Subsection (a-1)(2) to a 19-58 student in S.B.ANo.A9 more than two subject areas perfor a school year, the 19-59 district shall prioritize providing supplemental instruction to 19-60 the student in mathematics and reading language arts, or Algebra I, 19-61 English I, or English II, as applicable, for that school year.

If19-62 the(o)AAThis districtsection woulddoes otherwisenot berequire requiredthe toadministration provideof supplemental instruction to a student19-63 infifth moreor thaneighth twograde subjectassessment areasinstrument forin a schoolsubject year,under the19-64 districtSection shall39.023(a) prioritize providing supplemental instruction to thea student enrolled in mathematicsthe andfifth reading language arts, or Algebraeighth I,19-65 Englishgrade, I, or English II, as applicable, forif thatthe schoolstudent: year.

(o)AAThis19-66 section(1)AAis doesenrolled notin requirea course in the administrationsubject ofintended afor fifth19-67 orstudents eighthabove the student’ s grade level and will be administered 19-68 an assessment instrument inadopted aor subjectdeveloped under Section 19-69 39.023(a) tothat aaligns studentwith enrolledthe incurriculum for the fifthcourse orin eighthwhich grade,S.B.ANo.A9 as20-1 applicable,the ifstudent theis student:enrolled;

(1)AAisor 20-2 (2)AAis enrolled in a course in the subject intended for studentswhich above20-3 the student ’swill gradereceive levelhigh school academic credit and will be 20-4 administered an end-of-course assessment instrument adopted or 20-5 developed under Section 39.023(a)39.023(c) that aligns with the curriculum for the coursecourse. in which the student is enrolled;

or20-6 (2)AAisSECTIONA4.006.AASection enrolled28.023(c), inEducation aCode, courseis in20-7 theamended subjectto forread whichas thefollows: student will receive high school academic credit and will be administered an end-of-course assessment instrument adopted or developed under Section 39.023(c) for the course.

SECTIONA4.006.AASection20-8 28.023(c),(c)AAA Educationschool Code,district isshall amendedgive toa readstudent in grade level 20-9 six or above credit for a subject on the basis of an examination for 20-10 credit in the subject approved by the board of trustees under 20-11 Subsection (a) if the student scores in the 80th percentile or above 20-12 on the examination or if the student achieves a score as follows:provided by 20-13 Subsection (c-1).

(c)If AAA school district shall give a student inis gradegiven level six or above credit forin a subject on the 20-14 basis of an examinationexamination, for credit in the subjectdistrict approvedshall byenter the boardexamination of20-15 trusteesscore underon Subsection (a) if the student scoress intranscript and the 80thstudent percentileis ornot aboverequired onto the20-16 examinationtake oran ifend-of-course theassessment studentinstrument achievesadopted aor scoredeveloped as20-17 providedunder bySection Subsection39.023(c) (c-1).for that subject.

If20-18 aSECTIONA4.007.AASection student29.056(g), isEducation givenCode, credit in a subject on the S.B.ANo.A9 basis of an examination, the district shall enter the examination score on the student’s transcript and the student is not20-19 requiredamended to takeread anas end-of-coursefollows: assessment instrument adopted or developed under Section 39.023(c) for that subject.

SECTIONA4.007.AASection20-20 29.056(g),(g)AAA Educationdistrict Code,may transfer an emergent bilingual student 20-21 out of a bilingual education or special language program for the 20-22 first time or a subsequent time if the student is amendedable to read20-23 participate equally in a regular all-English instructional program 20-24 as follows:determined by:

(g)AAA20-25 district(1)AAagency-approved maytests transferadministered anat emergentthe bilingualend student out of a20-26 bilingualeach educationschool oryear specialto languagedetermine program for the firstextent timeto orwhich a subsequent time if the student ishas able20-27 todeveloped participateoral equallyand inwritten alanguage regularproficiency all-Englishand instructionalspecific program20-28 aslanguage determinedskills by:in English;

(1)AAagency-approved20-29 tests(2)AAsatisfactory administeredperformance aton the endreading oflanguage each20-30 schoolarts yearassessment toinstrument determineunder Section 39.023(a) or an English 20-31 language arts assessment instrument under Section 39.023(c), as 20-32 applicable, with the extentassessment toinstrument whichadministered in 20-33 English, or, if the student hasis developedenrolled oralin andthe writtenfirst languageor proficiencysecond and20-34 specificgrade, languagean skillsachievement score at or above the 40th percentile in English;the 20-35 reading and language arts sections of an English standardized test 20-36 approved by the agency;

(2)AAsatisfactoryand performance20-37 on(3)AAagency-approved thecriterion-referenced readingtests languageand arts20-38 assessment instrument under Section 39.023(a) or an English language arts assessment instrument under Section 39.023(c), as applicable, with the assessmentresults instrument administered in English, or, if the student is enrolled in the first or second grade, an achievement score at or above the 40th percentile in the reading and language arts sections of ana Englishsubjective standardizedteacher testevaluation. approved by the agency;

and20-39 (3)AAagency-approvedSECTIONA4.008.AASection criterion-referenced29.1543(a), testsEducation andCode, theas resultsadded of20-40 aby subjectiveH.B. teacher evaluation.

SECTION2, A4.008.AASectionActs 29.1543(a),of Educationthe Code,89th asLegislature, addedRegular bySession, H.B.2025, is 20-41 amended to read as follows:

2,20-42 Acts(a)AAThe ofagency shall produce and make available to the 89th20-43 Legislature,public Regularon Session,the 2025,agency iss S.B.ANo.A9Internet amendedwebsite toannual readdistrict asand follows:20-44 campus-level reports containing information from the previous 20-45 school year on early education in school districts and 20-46 open-enrollment charter schools.

(a)A AAThereport agencyunder shallthis producesection andmust make20-47 availablecontain: to the public on the agency s Internet website annual district and campus-level reports containing information from the previous school year on early education in school districts and open-enrollment charter schools.

A20-48 report(1)AAthe underinformation thisrequired sectionby mustSection contain:29.1532(c) to 20-49 be reported through the Public Education Information Management 20-50 System (PEIMS);

(1)AAthe20-51 information(2)AAa requireddescription byof Sectionthe 29.1532(c)reading toinstruments be20-52 reportedadministered throughin theaccordance Publicwith EducationSection Information28.006(c-2); Management System (PEIMS);

(2)AAa20-53 description(3)AAthe number of thestudents who were administered a 20-54 reading instrumentsinstrument administered in accordance with Section 20-55 28.006(c-2);

(3)AAthe20-56 (4)AAthe number of students whowhose werescores administeredfrom a reading 20-57 instrument administered in accordance with Section 28.006(c-2);28.006(c-2) 20-58 indicate kindergarten readiness in reading;

(4)AAthe20-59 (5)AAthe number of kindergarten students whosewho scoreswere from20-60 enrolled in a readingprekindergarten instrumentprogram, administeredincluding ina accordanceprogram withoffered 20-61 through a partnership under Section 28.006(c-2)29.153, indicatein kindergartenthe readinessprevious school 20-62 years in reading;the same district or school as the district or school in 20-63 which the student attends kindergarten;

(5)AAthe20-64 (6)AAthe number ofand kindergartenpercentage of students who wereperform enrolled20-65 insatisfactorily aon prekindergartenthe program,third includinggrade areading programlanguage offeredarts throughor a20-66 partnershipmathematics underassessment Sectioninstrument 29.153,administered inunder theSection previous20-67 school39.023, yearsdisaggregated inby thewhether same district or school as the districtstudent orwas schooleligible infor whichfree the20-68 studentprekindergarten attendsunder kindergarten;Section 29.153;

(6)AAthe20-69 (7)AAthe number and percentage of students whodescribed performby satisfactorilySubdivision onS.B.ANo.A9 the21-1 third(6) gradewho readingattended languagekindergarten artsin orthe mathematicsdistrict, assessment instrument administered under Section 39.023, disaggregated byby: whether the student was eligible for free S.B.ANo.A9 prekindergarten under Section 29.153;

(7)AAthe21-2 number(A) ofAAwhether studentsthe describedstudent bymet Subdivisionthe (6)kindergarten who21-3 attendedreadiness kindergartenstandard inon thea district,reading disaggregatedinstrument by:adopted under Section 21-4 28.006;

(A)AAwhether21-5 (B)AAwhether the student metattended theprekindergarten kindergarten21-6 readinessin standardthe ondistrict, including a readingprogram instrumentoffered adoptedthrough a partnership 21-7 under Section 28.006;29.153;

(B)AAwhetherand the21-8 student(C) attendedAAthe prekindergartentype inof prekindergarten the district,student including21-9 aattended, programif offeredapplicable; through a partnership under Section 29.153;

21-10 (8)AAthe information described by Subdivisions (6) and (C)AAthe21-11 type(7) ofdisaggregated prekindergartenby whether the student attended,is ifeducationally applicable;21-12 disadvantaged;

(8)AAtheand information21-13 described(9)AAthe bynumber Subdivisionsof (6)students andidentified (7)as disaggregatedhaving bya whether21-14 vision disorder or other vision problem requiring vision care under 21-15 the studentscreening isprogram educationallydescribed disadvantaged;by Section 36.004, Health and 21-16 Safety Code, disaggregated by:

and21-17 (9)AAthe(A)AAgrade numberlevel; of students identified as having a vision disorder or other vision problem requiring vision care under the screening program described by Section 36.004, Health and Safety Code, disaggregated by:

(A)AAgrade21-18 level;(B) AAgender;

(B)AAgender;21-19 (C)AArace;

(C)AArace;21-20 (D) AAethnicity;

(D)AAethnicity;21-21 (E)AAthe student ’s status as educationally 21-22 disadvantaged;

(E)AAthe21-23 (F) AAthe number of times the student ’swas status21-24 previously identified as educationallyhaving disadvantaged;a vision disorder or other vision 21-25 problem;

(F)AAthe21-26 number(G)AAthe of times the student was previously identified as having a vision disorder or other vision problem;

S.B.ANo.A921-27 (G)AAtheand identified21-28 vision(H) disorderAAthe ortype problem;of screening equipment used for the 21-29 screening.

21-30 SECTIONA4.009.AASections 39.02342(a) and (H)AAthe(b), typeEducation of21-31 screeningCode, equipmentare usedamended forto theread screening.as follows:

SECTION21-32 A4.009.AASections(a)AASubject 39.02342(a)to Subsection (c) and (b),notwithstanding EducationSection Code,21-33 are39.023, amendeda toschool readdistrict may administer in paper format a 21-34 nonadaptive assessment instrument adopted or developed by the 21-35 agency as follows:a substitute for an assessment instrument required under 21-36 Section 39.023(a), (c), or (l) [in paper format] to any student 21-37 whose parent, guardian, or teacher in the applicable subject area 21-38 requests the assessment instrument be administered to the student 21-39 in paper format.

(a)AASubject21-40 to(b)AAA Subsectionrequest (c)for andthe notwithstandingadministration Sectionof 39.023,an aassessment school21-41 districtinstrument may administer in paper format to a nonadaptivestudent assessmentunder instrumentthis adoptedsection ormust developedbe by21-42 thesubmitted agencyto asthe aschool substitutedistrict fornot anlater assessmentthan instrumenta requiredreasonable underdate Sectionas 39.023(a),21-43 (c),determined orby (l)the [inagency, paperwhich format]must tobe anynot studentlater whosethan parent,the guardian,60th orday teacher21-44 inbefore the applicabledate subject area requests the applicable assessment instrumentadministration beschedule administered21-45 towindow theunder studentSection in39.02301(i) papercloses[: format.

(b)AAA21-46 request[(1)AAfor fora thefall administration of an assessment instrument21-47 ininstrument, paper format to a student under this section must be submitted to the school district not later than aSeptember reasonable15 dateof asthe determinedschool byyear thein agency, which must21-48 be not later than the 60th day before the date the applicable assessment administrationinstrument schedulewill windowbe underadministered; Section 39.02301(i) closes[:

[(1)AAforand 21-49 [(2)AAfor a fallspring administration of an assessment 21-50 instrument, not later than SeptemberDecember 151 of the school year in which 21-51 the assessment instrument will be administered;administered].

and21-52 [(2)AAforSECTIONA4.010.AASection a39.0236, springEducation administrationCode, ofis anamended assessment21-53 instrument,by notadding laterSubsection than(e) Decemberto 1read ofas thefollows: school year in which the assessment instrument will be administered].

SECTIONA4.010.AASection21-54 39.0236,(e)AAThe Educationagency Code,shall isimplement amendedthe S.B.ANo.A9pilot byprogram adding21-55 Subsectionestablished (e)under tothis readsection asbeginning follows:with the 2028-2029 school 21-56 year.

(e) AAThe agency shall implement the pilot program established under this section beginning with the 2028-2029 school year.

SECTION21-57 A4.011.AASectionSECTIONA4.011.AASection 39.0238(b), Education Code, is 21-58 amended to read as follows:

21-59 (b)AAThe board of trustees of a school district or the 21-60 governing body of an open-enrollment charter school may consider 21-61 the dates of religious holy days or periods of observance likely to 21-62 be observed by the students enrolled in the district or school 21-63 during the [period set by the State Board of Education for the 21-64 administration of] assessment administration schedule window 21-65 [instruments required] under Section 39.02301(i) [39.023] in 21-66 establishing:

21-67 (1)AAthe district’s or school’s calendar for that 21-68 school year;

and 21-69 (2)AAthe instructional days within that period on which S.B.ANo.A9 22-1 district or school students are administered the required 22-2 assessment instruments, provided that the board of trustees or 22-3 governing body may not exclude more than two instructional days 22-4 from that period based solely on the occurrence of a single 22-5 religious holy day or period of observance.

22-6 SECTIONA4.012.AASections 39.025(b), (e-1), and (f), 22-7 Education Code, are amended to read as follows:

(b)22-8 AAEach(b)AAEach time an end-of-course assessment instrument 22-9 adopted or developed under Section 39.023(c) is administered, a 22-10 student who failed to achieve a score requirement under Subsection S.B.ANo.A922-11 (a) may retake the assessment instrument.

A student is not required 22-12 to retake a course as a condition of retaking an end-of-course 22-13 assessment instrument.

22-14 (e-1)AANothing in this section has the effect of prohibiting 22-15 the administration of an end-of-course assessment instrument 22-16 listed in Section 39.023(c) to a student enrolled below the high 22-17 school level who is enrolled in the course for which the assessment 22-18 instrument is adopted or developed.

The commissioner shall adopt 22-19 rules necessary to ensure that the student’ s performance on the 22-20 assessment instrument is considered in the same manner for purposes 22-21 of this section as the performance of a student enrolled at the high 22-22 school level.

22-23 (f)AAThe commissioner shall by rule adopt a transition plan 22-24 to implement the amendments made by Chapter 1312 (S.B.

No.A1031), 22-25 Acts of the 80th Legislature, Regular Session, 2007, replacing 22-26 general subject assessment instruments administered at the high 22-27 school level with end-of-course assessment instruments.

The rules 22-28 must provide for the end-of-course assessment instruments adopted 22-29 or developed under Section 39.023(c) to be administered beginning 22-30 with students enrolled in the ninth grade for the first time during 22-31 the 2011-2012 school year.

During the period under which the 22-32 transition to end-of-course assessment instruments is made:

22-33 (1)AAfor students entering a grade above the ninth 22-34 grade during the 2011-2012 school year or students repeating ninth 22-35 grade during the 2011-2012 school year, the commissioner shall 22-36 retain, administer, and use for purposes of accreditation and other 22-37 campus and district accountability measures under this chapter the S.B.ANo.A922-38 assessment instruments required by Section 39.023(a) or (c), as 22-39 that section existed before amendment by Chapter 1312 (S.B.

22-40 No.A1031), Acts of the 80th Legislature, Regular Session, 2007;

and 22-41 (2)AAa student subject to Subdivision (1) may not 22-42 receive a high school diploma unless the student has performed 22-43 satisfactorily on the SAT, the ACT, the Texas Success Initiative 22-44 (TSI) diagnostic assessment, or the current assessment instrument 22-45 or instruments administered for graduation purposes as provided by 22-46 Subsection (f-1) or on each required assessment instrument 22-47 administered under Section 39.023(c), as that section existed 22-48 before amendment by Chapter 1312 (S.B.

No.A1031), Acts of the 80th 22-49 Legislature, Regular Session, 2007.

SECTION22-50 A4.013.AASectionSECTIONA4.013.AASection 39.027(b), Education Code, is 22-51 amended to read as follows:

22-52 (b)AAThe agency [State Board of Education] shall adopt rules 22-53 under which a dyslexic student who is not exempt under Subsection 22-54 (a) may use procedures including oral examinations if appropriate 22-55 or may be allowed additional time or the materials or technology 22-56 necessary for the student to demonstrate the student ’ s mastery of 22-57 the competencies the assessment instruments are designed to 22-58 measure.

22-59 SECTIONA4.014.AASection 39.030(a), Education Code, is 22-60 amended to read as follows:

(a)22-61 AAIn(a)AAIn adopting academic skills assessment instruments 22-62 under this subchapter, the agency [State Board of Education] or a 22-63 school district shall ensure the security of the instruments and 22-64 tests in their preparation, administration, and grading.AAMeetingsgrading. S.B.ANo.A9 or portions of meetings held by the agency [State Board of Education] or a school district at which individual assessment instruments or assessment instrument items are discussed or adopted are not open to the public under Chapter 551, Government Code, and the assessment instruments or assessment instrument items are confidential.

SECTIONA4.015.AASectionAAMeetings 39.031,22-65 Educationor Code,portions isof amendedmeetings held by the agency [State Board of 22-66 Education] or a school district at which individual assessment 22-67 instruments or assessment instrument items are discussed or adopted 22-68 are not open to readthe aspublic follows:under Chapter 551, Government Code, and 22-69 the assessment instruments or assessment instrument items are S.B.ANo.A9 23-1 confidential.

Sec.23-2 SECTIONA4.015.AASection 39.031, Education Code, is amended 23-3 to read as follows:

A39.031.AACOST.23-4 Sec.A39.031.AACOST.

The cost of preparing, administering, 23-5 or grading the assessment instruments and releasing the question 23-6 and answer keys under Section 39.02301(m) [39.023(e)] shall be paid 23-7 from amounts appropriated to the agency.

23-8 SECTIONA4.016.AASection 39.035(a), Education Code, is 23-9 amended to read as follows:

23-10 (a)AASubject to Subsection (b), the agency may conduct field 23-11 testing of questions for any assessment instrument administered 23-12 under Section 39.023(a), (b), (c), [(d),] or (l) that is separate 23-13 from the administration of the assessment instrument not more 23-14 frequently than every other school year.

23-15 SECTIONA4.017.AASection 39.202, Education Code, as amended 23-16 by S.B.

1418, Acts of the 89th Legislature, Regular Session, 2025, 23-17 is amended to read as follows: