reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter F. -1. Collaborative Task Force on Public School Mental Health Services › Section 38.311. Funding; Administrative Cost Restriction; Gifts and Grants

Sec. 38.311.  FUNDING; ADMINISTRATIVE COST RESTRICTION; GIFTS AND GRANTS.  (a)  Of state funds allocated to the agency for public school mental health services, the commissioner may provide not more than 10 percent for purposes of the task force established under this subchapter.
(b)  The task force may not spend for the administration of the task force more than 10 percent of any money allocated to the task force for the purposes of this subchapter.
(c)  The task force may accept a gift or grant from a person other than the federal government.
Added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1, eff. June 14, 2019.
Redesignated from Education Code, Subchapter F, Chapter 38 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(9), eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter F. -1. Collaborative Task Force on Public School Mental Health Services › Section 38.312. Expiration

Sec. 38.312.  EXPIRATION.  The task force is abolished and this subchapter expires December 1, 2025.
Added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1, eff. June 14, 2019.
Redesignated from Education Code, Subchapter F, Chapter 38 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(9), eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter G. Mental Health, Substance Abuse, and Youth Suicide › Section 38.352. Immunity

Sec. 38.352.  IMMUNITY.  This subchapter does not:
(1)  waive any immunity from liability of a school district or of district school officers or employees;
(2)  create any liability for a cause of action against a school district or against district school officers or employees; or
(3)  waive any immunity from liability under Section 74.151, Civil Practice and Remedies Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1321 (S.B. 460), Sec. 5, eff. September 1, 2013.
Reenacted, transferred, redesignated and amended by Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.21, eff. December 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter G. Mental Health, Substance Abuse, and Youth Suicide › Section 38.353. Suicide Prevention Information Required on Certain Student Identification Cards

Sec. 38.353.  SUICIDE PREVENTION INFORMATION REQUIRED ON CERTAIN STUDENT IDENTIFICATION CARDS.  Each student identification card issued by a public school to a student in grade six or higher:
(1)  must have printed on the card the contact information for:
(A)  the National Suicide Prevention Lifeline; and
(B)  the Crisis Text Line; and
(2)  may have printed on the card the contact information for a local suicide prevention hotline, if available.
Added by Acts 2021, 87th Leg., R.S., Ch. 550 (S.B. 279), Sec. 1, eff. June 14, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter A. General Provisions › Section 39.001. Rules

Sec. 39.001.  RULES.  (a)  The commissioner shall adopt rules as necessary to administer this chapter.
(b)  In adopting a rule under this chapter, the commissioner shall solicit input statewide from persons who would likely be affected by the proposed rule, including school district boards of trustees, administrators and teachers employed by school districts, parents of students enrolled in school districts, and other interested stakeholders.
Added by Acts 2017, 85th Leg., R.S., Ch. 807 (H.B. 22), Sec. 6, eff. June 15, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter A. General Provisions › Section 39.002. Advisory Committee

Sec. 39.002.  ADVISORY COMMITTEE.  An advisory committee appointed under this chapter is not subject to Chapter 2110, Government Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 807 (H.B. 22), Sec. 6, eff. June 15, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter A. General Provisions › Section 39.005. Hearing Following Investigation

Sec. 39.005.  HEARING FOLLOWING INVESTIGATION.  (a)  This section applies to a school district that is the subject of a special investigation conducted under Section 39.003 that resulted in a final report in which the agency recommends the appointment of a board of managers, alternative management of a campus, or closure of the district or a district campus.
(b)  Except as provided by Subsection (c), not later than 15 days after the date on which the board of trustees of the school district receives the final report of a special investigation under Section 39.004(g), a board of trustees of a school district to which this section applies may request a hearing if the board of trustees disagrees with the final report or a sanction or intervention recommended by the agency in the report.
(c)  A school district and the agency may agree in writing to extend the time period for requesting a hearing under Subsection (b) by not more than an additional 30 days.
(d)  If a board of trustees of a school district requests a hearing under Subsection (b), the hearing shall be conducted by the State Office of Administrative Hearings unless the district and the agency agree in writing to the appointment of another qualified person to conduct the hearing.
(e)  Except as otherwise provided by this subchapter, a hearing conducted under this section is a contested case under Chapter 2001, Government Code.
(f)  A hearing conducted under this section shall be held at the administrative offices of the school district that requested the hearing or at another location within the geographic boundaries of the district agreed to by the district and the agency, unless the district and the agency agree in writing to a different location.
(g)  To protect the privacy of a witness who is a child, the hearing examiner or the person conducting the hearing may:
(1)  close the hearing to receive the testimony of the witness; or
(2)  order that the testimony or a statement of the witness be presented using the procedures prescribed by Article 38.071, Code of Criminal Procedure.
(h)  Not later than 90 days after the date on which the school district requests a hearing under Subsection (b), the hearing examiner or the person conducting the hearing shall issue and submit to the commissioner findings of fact and conclusions of law.  The hearing examiner or the person conducting the hearing may not issue a recommendation for relief.
(i)  A hearing conducted under this section may not be held on a Saturday, Sunday, or state or federal holiday, unless agreed to by the school district that requested the hearing and the agency.
Added by Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 2.05, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter A. General Provisions › Section 39.006. Commissioner Determination

Sec. 39.006.  COMMISSIONER DETERMINATION.  (a)  After a hearing is conducted under Section 39.005, the commissioner shall provide an opportunity for the agency and the school district to present oral argument to the commissioner regarding the disagreement that formed the basis of the hearing.  The commissioner shall provide the agency and the district with equal time for oral argument.
(b)  After hearing any oral argument presented under Subsection (a), the commissioner shall issue a written decision to the school district that contains:
(1)  findings of fact;
(2)  conclusions of law; and
(3)  sanctions, interventions, or other actions authorized by law.
(c)  In determining the written decision under Subsection (b), the commissioner shall consider:
(1)  the record of the hearing conducted under Section 39.005;
(2)  the findings of fact and conclusions of law issued by the hearing examiner or the person conducting the hearing under Section 39.005(h); and
(3)  the oral arguments presented under Subsection (a).
(d)  The commissioner may accept, reject, or amend the conclusions of law issued by the hearing examiner or the person who conducted the hearing under Section 39.005 regarding the interpretation of a provision of this code.
(e)  The commissioner may not reject or amend a finding of fact issued by the hearing examiner or the person who conducted the hearing under Section 39.005, unless the commissioner, after reviewing the record, determines that a finding of fact is not supported by substantial, admissible evidence.
(f)  The commissioner shall provide in writing the legal basis and reason for any amendment or rejection of a finding of fact or conclusion of law made by the hearing examiner or the person who conducted the hearing under Section 39.005.
Added by Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 2.05, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter A. General Provisions › Section 39.007. Judicial Appeal

Sec. 39.007.  JUDICIAL APPEAL.  (a)  Notwithstanding Chapter 2001, Government Code, a school district may only appeal a decision made by the commissioner under Section 39.006 in accordance with this section.
(b)  A school district may appeal a decision made by the commissioner under Section 39.006 to:
(1)  a district court with jurisdiction in the county in which the school district's central administrative offices are located; or
(2)  a district court in Travis County, if agreed to by the school district and the commissioner.
(c)  A school district must file an appeal under this section not later than 30 days after the date on which the district received the written decision of the commissioner under Section 39.006(b).
(d)  The filing of an appeal under this section does not affect or stay the enforcement of the commissioner's written decision issued under Section 39.006(b).
(e)  A court hearing an appeal under this section shall review the decision issued by the commissioner under Section 39.006(b) under the substantial evidence rule as provided by Subchapter G, Chapter 2001, Government Code, after examining:
(1)  the evidentiary record of the hearing conducted under Section 39.005;
(2)  the findings of fact issued by the hearing examiner or the person that conducted the hearing under Section 39.005; and
(3)  any amendment or rejection of a finding of fact made by the commissioner under Section 39.006.
(f)  A court hearing an appeal under this section may not take additional evidence.
(g)  A court hearing an appeal under this section may review any amendment to or rejection of a finding of fact made by the commissioner.  If the court determines that the amendment or rejection was not supported by substantial evidence, the court shall reject the commissioner's amended finding of fact and consider instead the original finding issued by the hearing examiner or the person who conducted the hearing under Section 39.005.
(h)  Notwithstanding Section 2001.174, Government Code, the court may not reverse or remand a decision issued by the commissioner under Section 39.006(b) based on a procedural error or irregularity made by the commissioner, an agency investigator, or the hearing examiner or the person who conducted the hearing under Section 39.005, unless the court determines that the procedural error or irregularity is likely to have caused an erroneous decision by the commissioner.
Added by Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 2.05, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.021. Essential Skills and Knowledge

Sec. 39.021.  ESSENTIAL SKILLS AND KNOWLEDGE.  The State Board of Education by rule shall establish the essential skills and knowledge that all students should learn to achieve the goals provided under Section 4.002.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.022. Assessment Program

Sec. 39.022.  ASSESSMENT PROGRAM.  (a)  The State Board of Education by rule shall create and implement a statewide assessment program that is knowledge- and skills-based to ensure school accountability for student achievement that achieves the goals provided under Section 4.002.  After adopting rules under this section, the State Board of Education shall consider the importance of maintaining stability in the statewide assessment program when adopting any subsequent modification of the rules.
(b)  It is the policy of this state that the statewide assessment program be designed to:
(1)  provide assessment instruments that are as short as practicable; and
(2)  minimize the disruption to the educational program.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 1999, 76th Leg., ch. 397, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1315 (H.B. 3906), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.02302. Advisory Committees for Assessment Instruments

Sec. 39.02302.  ADVISORY COMMITTEES FOR ASSESSMENT INSTRUMENTS.  (a)  The commissioner shall appoint a technical advisory committee to advise the commissioner and the agency regarding the development of valid and reliable assessment instruments for purposes of this chapter.  The members of the committee must be experts on educational assessments and psychometrics.
(b)  The commissioner shall appoint an educator advisory committee to advise the commissioner and the agency regarding the development of academically appropriate assessment instruments for purposes of this chapter.  The members of the committee must include experts in curriculum and instruction.
(c)  The agency may compensate a member of the technical or educator advisory committee or reimburse the member for expenses incurred in the performance of duties related to the member's service on the committee.
(d)  The selection of or payment to a member of the technical or educator advisory committee is not subject to Chapter 2110 or 2254, Government Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 1315 (H.B. 3906), Sec. 4, eff. June 14, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.02315. Reporting Results of Assessment Instruments for Out-of-State Transfer Students

Sec. 39.02315.  REPORTING RESULTS OF ASSESSMENT INSTRUMENTS FOR OUT-OF-STATE TRANSFER STUDENTS.  (a)  For assessment instruments required to be administered under Section 39.023, the agency shall adopt procedures to ensure that the results of the assessment instruments administered to students who transfer from a school district in another state to a school district in this state are reported to each school district separately from the results of assessment instruments administered to other students.
(b)  The commissioner by rule shall:
(1)  ensure that the results of assessment instruments administered to students who transfer from a school district in another state to a school district in this state reported under Subsection (a) are properly identified in agency systems that report and track academic performance of students; and
(2)  adopt procedures for reporting and tracking data relating to students who transfer from a school district in another state to a school district in this state.
Added by Acts 2015, 84th Leg., R.S., Ch. 934 (H.B. 2349), Sec. 3, eff. June 18, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.0232. Use of End-of-Course Assessment Instrument as Placement Instrument; Certain Uses Prohibited

Sec. 39.0232.  USE OF END-OF-COURSE ASSESSMENT INSTRUMENT AS PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED.  (a)  To the extent practicable, the agency shall ensure that any high school end-of-course assessment instrument developed by the agency is developed in such a manner that the assessment instrument may be used to determine the appropriate placement of a student in a course of the same subject matter at an institution of higher education.
(b)  A student's performance on an end-of-course assessment instrument may not be used:
(1)  in determining the student's class ranking for any purpose, including entitlement to automatic college admission under Section 51.803 or 51.804; or
(2)  as a sole criterion in the determination of whether to admit the student to a general academic teaching institution in this state.
(c)  Subsection (b)(2) does not prohibit a general academic teaching institution from implementing an admission policy that takes into consideration a student's performance on an end-of-course assessment instrument in addition to other criteria.
(d)  In this section, "general academic teaching institution" has the meaning assigned by Section 61.003.
Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 5.05, eff. May 31, 2006.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 32(a), eff. June 10, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.0233. Special-Purpose Questions Included in End-of-Course Assessment Instruments

Sec. 39.0233.  SPECIAL-PURPOSE QUESTIONS INCLUDED IN END-OF-COURSE ASSESSMENT INSTRUMENTS.  (a)  The agency, in coordination with the Texas Higher Education Coordinating Board, shall adopt a series of questions to be included in an end-of-course assessment instrument administered under Section 39.023(c) to be used for purposes of Subchapter F-1, Chapter 51.  The questions adopted under this subsection must be developed in a manner consistent with any college readiness standards adopted under Subchapter F-1, Chapter 51.
(b)  In addition to the questions adopted under Subsection (a), the agency shall adopt a series of questions to be included in an end-of-course assessment instrument administered under Section 39.023(c) to be used for purposes of identifying students who are likely to succeed in an advanced high school course.  A school district shall notify a student who performs at a high level on the questions adopted under this subsection and the student's parent or guardian of the student's performance and potential to succeed in an advanced high school course.  A school district may not require a student to perform at a particular level on the questions adopted under this subsection in order to be eligible to enroll in an advanced high school course.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 934 , Sec. 5(2), eff. June 18, 2015.
(d)  The questions adopted under this section may not be administered in a separate section of the end-of-course assessment instrument.
Added by Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 9, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 51, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 4.005, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 33(a), eff. June 10, 2013.
Acts 2015, 84th Leg., R.S., Ch. 934 (H.B. 2349), Sec. 5(2), eff. June 18, 2015.
Acts 2017, 85th Leg., R.S., Ch. 842 (H.B. 2223), Sec. 2.03, eff. June 15, 2017.
Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.11, eff. June 10, 2019.
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.043, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.0234. Electronic Administration of Assessment Instruments

Sec. 39.0234.  ELECTRONIC ADMINISTRATION OF ASSESSMENT INSTRUMENTS.  (a)  Each assessment instrument required under Section 39.023(a), (c), or (l) must be administered electronically, unless otherwise provided by commissioner rule.
(b)  The agency may recommend, but may not require, that a school district make external keyboards available for student use with tablet devices for the electronic administration of an assessment instrument, including any portion of an assessment instrument that contains constructed response or essay items.
Added by Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 9, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 52, eff. June 19, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1315 (H.B. 3906), Sec. 5, eff. June 14, 2019.
Acts 2021, 87th Leg., R.S., Ch. 1003 (H.B. 3261), Sec. 5, eff. June 18, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.02342. Paper Administration of Assessment Instruments on Request

Sec. 39.02342.  PAPER ADMINISTRATION OF ASSESSMENT INSTRUMENTS ON REQUEST.  (a)  Subject to Subsection (c), a school district may administer an assessment instrument required under Section 39.023(a), (c), or (l) in paper format to any student whose parent, guardian, or teacher in the applicable subject area requests the assessment instrument be administered to the student in paper format.
(b)  A request for the administration of an assessment instrument in paper format to a student under this section must be submitted to the school district:
(1)  for a fall administration of an assessment instrument, not later than September 15 of the school year in which the assessment instrument will be administered; and
(2)  for a spring administration of an assessment instrument, not later than December 1 of the school year in which the assessment instrument will be administered.
(c)  The number of students enrolled at a school district who are administered an assessment instrument in paper format for any single administration under this section may not exceed three percent of the number of students enrolled in the district.  On receipt of more requests for administration of an assessment instrument than the maximum number permitted under this subsection, the district shall accept the requests in the order received until the maximum number is reached.  The limitation described by this subsection does not apply to a student whose admission, review, and dismissal committee determines that the administration of an assessment instrument in paper format is a necessary modification for the student.
Added by Acts 2023, 88th Leg., R.S., Ch. 311 (H.B. 1225), Sec. 1, eff. June 2, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.0235. Technology Literacy Assessment Pilot Program

Sec. 39.0235.  TECHNOLOGY LITERACY ASSESSMENT PILOT PROGRAM.  (a)  In this section, "pilot program" means the technology literacy assessment pilot program.
(b)  The commissioner by rule shall establish a pilot program in which a participating school district assesses student technology proficiency.
(c)  A school district may apply to the commissioner to participate in the pilot program.  The commissioner shall select for participation school districts from both rural and urban areas of the state.
(d)  The agency shall adopt an assessment instrument designed to assess an individual student's mastery of the essential knowledge and skills in technology to be administered by a school district participating in the pilot program. The assessment instrument adopted under this subsection must be an existing product that is currently available.
(e)  Each school year, the assessment instrument adopted under Subsection (d) shall be administered in a participating school district to each student in either fifth, sixth, seventh, eighth, or ninth grade, with the grade level and time to be determined by the district.
(f)  The assessment instrument adopted under Subsection (d) must:
(1)  be administered online;
(2)  be aligned with the essential knowledge and skills requirements for technology applications; and
(3)  incorporate performance-based measures, including a requirement that students perform certain technological tasks and respond to questions based on the completion of those tasks.
(g)  An assessment instrument administered by a participating school district must be designed in a manner to provide the district with an automatic report of the technology literacy proficiency of a district student in a format that is compatible with the school district and state data information systems.
(h)  A participating school district shall report student performance on the assessment instrument to the agency.
Added by Acts 2007, 80th Leg., R.S., Ch. 1237 (H.B. 2503), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.0236. Integrated Formative Assessment Pilot Program

Sec. 39.0236.  INTEGRATED FORMATIVE ASSESSMENT PILOT PROGRAM.  (a)  The agency shall establish a pilot program in which participating school districts administer to students integrated formative assessment instruments for subjects or courses for a grade level subject to assessment under Section 28.006 or 39.023.
(b)  A school district may elect to participate in the pilot program.
(c)  A school district's participation in the pilot program does not affect the district's obligations regarding the administration of assessment instruments required under Section 39.023.
(d)  Not later than December 1 of each even-numbered year, the agency shall submit to the governor, the lieutenant governor, and the members of the legislature a report on the pilot program that includes:
(1)  an analysis of whether the administration of integrated formative assessment instruments under the pilot program provided any improvement in instructional support during the preceding two school years; and
(2)  a determination of the feasibility of replacing the assessment instruments required under Section 39.023 with integrated formative assessment instruments.
Added by Acts 2019, 86th Leg., R.S., Ch. 1315 (H.B. 3906), Sec. 6, eff. June 14, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.0237. Consideration of Prekindergarten Assessment Instruments Prohibited

Sec. 39.0237.  CONSIDERATION OF PREKINDERGARTEN ASSESSMENT INSTRUMENTS PROHIBITED.  Performance on an assessment instrument administered to students in prekindergarten may not be considered for any purpose under this chapter or Chapter 39A.
Added by Acts 2019, 86th Leg., R.S., Ch. 1315 (H.B. 3906), Sec. 6, eff. June 14, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.0238. Consideration of Religious Holy Days in Scheduling Assessment Instruments

Sec. 39.0238.  CONSIDERATION OF RELIGIOUS HOLY DAYS IN SCHEDULING ASSESSMENT INSTRUMENTS.  (a)  In this section, "religious holy day or period of observance" means a holy day or a period of holy days observed by a religion whose places of worship would be exempt from property taxation under Section 11.20, Tax Code.
(b)  The board of trustees of a school district or the governing body of an open-enrollment charter school may consider the dates of religious holy days or periods of observance likely to be observed by the students enrolled in the district or school during the period set by the State Board of Education for the administration of assessment instruments required under Section 39.023 in establishing:
(1)  the district's or school's calendar for that school year; and
(2)  the instructional days within that period on which district or school students are administered the required assessment instruments, provided that the board of trustees or governing body may not exclude more than two instructional days from that period based solely on the occurrence of a single religious holy day or period of observance.
(c)  In establishing a school calendar as described in Subsection (b), the board of trustees of a school district or the governing body of an open-enrollment charter school shall provide for alternative dates for the administration of assessment instruments required under Section 39.023 to a student who is absent from school to observe a religious holy day or period of observance on the date an assessment instrument is administered.
(d)  The agency may adopt rules as necessary to ensure a student may be administered an assessment instrument on an alternative date as necessary to comply with this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 988 (H.B. 1883), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.024. Measure of College Readiness

Sec. 39.024.  MEASURE OF COLLEGE READINESS.  (a)  In this section, "college readiness" means the level of preparation a student must attain in English language arts and mathematics courses to enroll and succeed, without remediation, in an entry-level general education course for credit in that same content area for a baccalaureate degree or associate degree program at:
(1)  a general academic teaching institution, as defined by Section 61.003, other than a research institution, as categorized under the Texas Higher Education Coordinating Board's accountability system; or
(2)  a postsecondary educational institution that primarily offers associate degrees or certificates or credentials other than baccalaureate or advanced degrees.
(b)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 211, Sec. 78(a)(2), eff. September 1, 2013.
(c)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 211, Sec. 78(a)(2), eff. September 1, 2013.
(d)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 211, Sec. 78(a)(2), eff. September 1, 2013.
(e)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 211, Sec. 78(a)(2), eff. September 1, 2013.
(f)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 211, Sec. 78(a)(2), eff. September 1, 2013.
(g)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 211, Sec. 78(a)(2), eff. September 1, 2013.
(h)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 211, Sec. 78(a)(2), eff. September 1, 2013.
(i)  The agency shall gather data and conduct research to substantiate any correlation between a certain level of performance by students on end-of-course assessment instruments and success in:
(1)  military service; or
(2)  a workforce training, certification, or other credential program at a postsecondary educational institution that primarily offers associate degrees or certificates or credentials other than baccalaureate or advanced degrees.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 1997, 75th Leg., ch. 767, Sec. 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 396, Sec. 2.19, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 397, Sec. 4, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 4.006, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1212, Sec. 12, 14, eff. June 20, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 53, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 40, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 105(a)(5), eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 78(a)(2), eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.0241. Performance Standards

Sec. 39.0241.  PERFORMANCE STANDARDS.  (a)  The commissioner shall determine the level of performance considered to be satisfactory on the assessment instruments.
(a-1)  The commissioner of education, in collaboration with the commissioner of higher education, shall determine the level of performance necessary to indicate college readiness, as defined by Section 39.024(a).
(a-2)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 211, Sec. 78(a)(3), eff. September 1, 2013.
(c)  Using funds appropriated for purposes of this subsection, the agency may develop study guides for the assessment instruments administered under Sections 39.023(a) and (c).  To assist parents in providing assistance during the period that school is recessed for summer, each school district shall make the study guides available to parents of students who do not perform satisfactorily as determined by the commissioner under Subsection (a) on one or more parts of an assessment instrument administered under this subchapter.
(d)  Using funds appropriated for purposes of this subsection, the agency shall develop and make available teacher training materials and other teacher training resources to assist teachers in enabling emergent bilingual students to meet state performance expectations.  The teacher training resources shall be designed to support intensive, individualized, and accelerated instructional programs developed by school districts for emergent bilingual students.
Added by Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 53, eff. June 19, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 78(a)(3), eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 19, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.026. Local Option

Sec. 39.026.  LOCAL OPTION.  In addition to the assessment instruments adopted by the agency and administered by the State Board of Education, a school district may adopt and administer criterion-referenced or norm-referenced assessment instruments, or both, at any grade level.  A norm-referenced assessment instrument adopted under this section must be economical, nationally recognized, and state-approved.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.0262. Administration of District-Required Assessment Instruments in Certain Subject Areas

Sec. 39.0262.  ADMINISTRATION OF DISTRICT-REQUIRED ASSESSMENT INSTRUMENTS IN CERTAIN SUBJECT AREAS.  (a)  In a subject area for which assessment instruments are administered under Section 39.023, a school district may not administer locally required assessment instruments designed to prepare students for state-administered assessment instruments to any student on more than 10 percent of the instructional days in any school year.  A campus-level planning and decision-making committee established under Section 11.251 may limit the administration of locally required assessment instruments under this subsection to 10 percent or a lower percentage of the instructional days in any school year.
(b)  The prohibition prescribed by this section does not apply to the administration of a college preparation assessment instrument, an advanced placement test, an international baccalaureate examination, or an assessment instrument administered under Section 39.023.
Added by Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 11, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 55, eff. June 19, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.0263. Administration of District-Required Benchmark Assessment Instruments to Prepare Students for State-Administered Assessment Instruments

Sec. 39.0263.  ADMINISTRATION OF DISTRICT-REQUIRED BENCHMARK ASSESSMENT INSTRUMENTS TO PREPARE STUDENTS FOR STATE-ADMINISTERED ASSESSMENT INSTRUMENTS. (a) In this section, "benchmark assessment instrument" means a district-required assessment instrument designed to prepare students for a corresponding state-administered assessment instrument.
(b)  Except as provided by Subsection (c), a school district may not administer to any student more than two benchmark assessment instruments to prepare the student for a corresponding state-administered assessment instrument.
(c)  The prohibition prescribed by this section does not apply to the administration of a college preparation assessment instrument, including the PSAT, the ACT-Plan, the SAT, or the ACT, an advanced placement test, an international baccalaureate examination, or an independent classroom examination designed or adopted and administered by a classroom teacher.
(d)  A parent of or person standing in parental relation to a student who has special needs, as determined in accordance with commissioner rule, may request administration to the student of additional benchmark assessment instruments.
Added by Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 37(a), eff. June 10, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.028. Comparison of State Results to National Results

Sec. 39.028.  COMPARISON OF STATE RESULTS TO NATIONAL RESULTS.  The state assessment program shall obtain nationally comparative results for the subject areas and grade levels for which criterion-referenced assessment instruments are adopted under Section 39.023.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.029. Migratory Children

Sec. 39.029.  MIGRATORY CHILDREN.  The State Board of Education by rule may provide alternate dates for the administration of the assessment instruments to a student who is a migratory child as defined by 20 U.S.C. Section 6399.  The alternate dates may be chosen following a consideration of migrant work patterns, and the dates selected may afford maximum opportunity for the students to be present when the assessment instruments are administered.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.030. Confidentiality; Performance Reports

Sec. 39.030.  CONFIDENTIALITY;  PERFORMANCE REPORTS.  (a)  In adopting academic skills assessment instruments under this subchapter, the State Board of Education or a school district shall ensure the security of the instruments and tests in their preparation, administration, and grading.  Meetings or portions of meetings held by the 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.
(b)  The results of individual student performance on academic skills assessment instruments administered under this subchapter are confidential and may be released only in accordance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).  However, overall student performance data shall be aggregated by ethnicity, sex, grade level, subject area, campus, and district and made available to the public, with appropriate interpretations, at regularly scheduled meetings of the board of trustees of each school district.  The information may not contain the names of individual students or teachers.
(c)  Repealed by Acts 2001, 77th Leg., ch. 767, Sec. 11, eff. June 13, 2001.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2001, 77th Leg., ch. 767, Sec. 11, eff. June 13, 2001.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.0302. Issuance of Subpoenas

Sec. 39.0302.  ISSUANCE OF SUBPOENAS.  (a)  During an agency investigation or audit of a school district under Section 39.0301(e) or (f), a special investigation under Section 39.003(a)(8) or (14), a compliance review under Section 21.006(k), 22.093(l), or 22.096, or an investigation by the State Board for Educator Certification of an educator for an alleged violation of an assessment instrument security procedure established under Section 39.0301(a), the commissioner may issue a subpoena to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence that is located in this state.
(b)  A subpoena may be served personally or by certified mail.
(c)  If a person fails to comply with a subpoena, the commissioner, acting through the attorney general, may file suit to enforce the subpoena in a district court in this state.  On finding that good cause exists for issuing the subpoena, the court shall order the person to comply with the subpoena.  The court may punish a person who fails to obey the court order.
(d)  All information and materials subpoenaed or compiled in connection with an investigation or audit described by Subsection (a):
(1)  are confidential and not subject to disclosure under Chapter 552, Government Code; and
(2)  are not subject to disclosure, discovery, subpoena, or other means of legal compulsion for release to any person other than:
(A)  the commissioner or the State Board for Educator Certification, as applicable;
(B)  agency employees or agents involved in the investigation, as applicable; and
(C)  the office of the attorney general, the state auditor's office, and law enforcement agencies.
Added by Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 12, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 509 (S.B. 123), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 5.003, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.017, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 4.06, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.0303. Secure Assessment Instruments; Criminal Penalty

Sec. 39.0303.  SECURE ASSESSMENT INSTRUMENTS; CRIMINAL PENALTY.  (a)  A person commits an offense if:
(1)  the person intentionally discloses the contents of any portion of a secure assessment instrument developed or administered under this subchapter, including the answer to any item in the assessment instrument; and
(2)  the disclosure affects or is likely to affect the individual performance of one or more students on the assessment instrument.
(b)  An offense under this section is a Class C misdemeanor.
Added by Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 12, eff. September 1, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.0304. Training in Assessment Instrument Administration

Sec. 39.0304.  TRAINING IN ASSESSMENT INSTRUMENT ADMINISTRATION.  (a)  To ensure that each administration of assessment instruments under Section 39.023 is valid, reliable, and in compliance with the requirements of this subchapter, the commissioner may require training for school district employees involved in the administration of the assessment instruments, subject to Subsection (b-1).
(b)  The training under Subsection (a) may include a qualifying component to ensure that school district employees involved in the administration of assessment instruments under Section 39.023 possess the necessary skills and knowledge required to administer the assessment instruments.
(b-1)  The commissioner may only require the employee at each district campus who oversees the administration of the assessment instruments to annually receive the training required under Subsection (a).
(b-2)  The school district employee who oversees test administration on a district campus may, with discretion, require other district employees involved in the administration of assessment instruments to repeat the training under Subsection (a).
(c)  The commissioner may adopt rules necessary to implement this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 12, eff. September 1, 2007.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1045 (S.B. 1267), Sec. 22, eff. June 18, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.031. Cost

Sec. 39.031.  COST.  The cost of preparing, administering, or grading the assessment instruments and releasing the question and answer keys under Section 39.023(e) shall be paid from amounts appropriated to the agency.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 1997, 75th Leg., ch. 767, Sec. 5, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 41, eff. September 1, 2009.