The bill, H.B. No. 5282, amends Section 39.023 of the Education Code to regulate the use of artificial intelligence (AI) in scoring constructed responses on assessment instruments for public school students. It introduces two new subsections: Subsection (q) prohibits the use of AI-based scoring methods for constructed responses, while allowing the use of machines for scoring multiple-choice responses. Subsection (r) provides exceptions to this prohibition, permitting AI scoring methods if they meet specific criteria, including being trained on diverse student responses, demonstrating scoring validity and reliability, and being evaluated by an independent entity to ensure fairness and compliance with psychometric standards.

The bill is set to take effect in the 2025-2026 school year, contingent upon receiving a two-thirds vote from both houses for immediate effect; otherwise, it will take effect on September 1, 2025. This legislation aims to ensure that any AI scoring methods used in public school assessments are equitable and reliable, particularly for educationally disadvantaged students, emergent bilingual students, and those eligible for special education programs.

Statutes affected:
Introduced: Education Code 39.023 (Education Code 39)