Tex. Education Code § 28.006 — TX Code / Code ed / Chapter 28 / Section 28.006
§ 28.006. KINDERGARTEN READING READINESS.
Status: repealed

(a) The commissioner shall develop recommendations for school districts for:

(1) administering reading instruments to measure students' foundational literacy skills in reading development and comprehension;

(2) training educators in administering the reading instruments; and

(3) applying the results of the reading instruments to the instructional program.

(b) The commissioner shall adopt a reading instrument that a school district shall use at the beginning of the school year to measure a kindergarten student's foundational literacy skills in reading development and comprehension. A reading instrument adopted under this subsection may include other developmental skills as part of a multidimensional assessment tool. A reading instrument adopted by the commissioner must be based on scientific research concerning foundational literacy skills in reading development and comprehension and provide for measuring the foundational literacy skills in reading development and comprehension of students, including students participating in a program under Subchapter B, Chapter 29.

(b-1) The commissioner may approve not more than two alternative reading instruments for use in measuring the foundational literacy skills in reading development and comprehension of kindergarten students that complies with the requirements under Subsection (b).

(c) Repealed by Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 5.29(2), eff. June 20, 2025.

(c-1) Repealed by Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 5.29(2), eff. June 20, 2025.

(c-2) Not later than the 60th day after the beginning of the school year, each school district shall administer at the kindergarten level a reading instrument adopted by the commissioner under Subsection (b) or approved by the commissioner under Subsection (b-1). The district shall administer the reading instrument in accordance with the commissioner's recommendations under Subsection (a)(1) and policies developed by commissioner rule.

(c-3) The commissioner by rule shall determine the performance on a reading instrument adopted or approved under this section that indicates kindergarten readiness. Each reading instrument adopted or approved under this section must provide for the ability to compare the performance that indicates kindergarten readiness on that instrument with the performance that indicates kindergarten readiness on other instruments adopted or approved under this section.

(d) The superintendent of each school district shall:

(1) report to the commissioner and the board of trustees of the district at a public meeting of the board the results of a reading instrument administered to students under this section;

(2) not later than the earlier of the 20th school day or the 30th calendar day after the date on which the results of a reading instrument are available, report, in writing or electronically, to a student's parent or guardian the student's results on the instrument; and

(3) using the school readiness certification system provided to the school district in accordance with Section 29.161(e), report electronically each student's raw score on the reading instrument to the agency for use in the school readiness certification system.

(d-1) Repealed by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(11), eff. September 1, 2019.

(e) Repealed by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(11), eff. September 1, 2019.

(f) The agency shall ensure reading instruments adopted or approved under this section are available to school districts at no cost.

(g) Repealed by Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 5.29(2), eff. June 20, 2025.

(g-1) Repealed by Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 5.29(2), eff. June 20, 2025.

(g-2) Repealed by Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 5.29(2), eff. June 20, 2025.

(h) The school district shall make a good faith effort to ensure that the report required under Subsection (d)(2) is provided either in person or electronically and that the report is clear and easy to understand and is written in English and in the parent or guardian's native language.

(i) Repealed by Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 5.29(2), eff. June 20, 2025.

(j) Repealed by Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 5.29(2), eff. June 20, 2025.

(k) Repealed by Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 5.29(2), eff. June 20, 2025.

(l) The commissioner may adopt rules as necessary to implement this section. Section 2001.0045, Government Code, does not apply to rules adopted under this subsection.

(m) The agency by rule shall develop procedures designed to allow the agency to:

(1) effectively audit and monitor and periodically conduct site visits of all school districts to ensure that districts are complying with this section;

(2) identify any problems school districts experience in complying with this section; and

(3) develop reasonable and appropriate remedial strategies to address school district noncompliance and ensure the purposes of this section are accomplished.

(n) Nothing in this section may be construed to circumvent or supplant federal or state law regarding a student who participates in a special education program under Subchapter A, Chapter 29, or a student who is suspected to have a disability and who may be eligible to participate in a special education program under that subchapter.