88S30678 KJE-D
	By: Thompson of Brazoria	H.B. No. 203

	A BILL TO BE ENTITLED
	AN ACT
	relating to public school selection of an alternative assessment
	instrument in place of state-administered assessment instruments.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 39.026, Education Code, is amended to
	read as follows:
	Sec. 39.026.  LOCAL OPTION.  (a)  Notwithstanding any other
	provision of this title, a school district, in place of any [In
	addition to the] assessment instruments required under Section
	39.023 adopted by the agency and administered by the State Board of
	Education, [a school district] may adopt and administer nationally
	[criterion-referenced or] norm-referenced assessment instruments
	selected by the district[, or both, at any grade level].
	(b)  The commissioner shall adopt rules as necessary for the
	administration of Subsection (a), including rules for using for
	purposes of this code assessment instruments adopted under that
	subsection in place of the assessment instruments otherwise
	required under this subchapter.
	(c)  If there is a conflict between Subsection (a) and
	federal law or regulation, the agency shall seek a waiver from the
	application of conflicting federal law or regulation.
	(d)  In addition to the assessment instruments adopted by the
	agency and administered by the State Board of Education or the
	assessment instruments adopted and administered by the district
	under Subsection (a), a school district may adopt and administer
	criterion-referenced or norm-referenced assessment instruments at
	any grade level.
	(e)  An [A norm-referenced] assessment instrument adopted
	under this section must be economical, nationally recognized, and
	approved by the agency [state-approved].
	SECTION 2.  This Act applies beginning with the 2024-2025
	school year.
	SECTION 3.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect on the 91st day after the last day of the
	legislative session.

Statutes affected:
Introduced: Education Code 39.026 (Education Code 39)