The bill, H.B. No. 5282, amends the Education Code to regulate the use of artificial intelligence (AI) in scoring constructed responses on assessment instruments for public school students. It introduces new subsections (q) and (r) to Section 39.023. Subsection (q) prohibits the use of AI-based scoring methods for constructed responses, while allowing the use of machines for scoring multiple-choice responses. However, Subsection (r) provides exceptions where AI scoring methods may be utilized 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, with immediate effect possible if it receives a two-thirds vote from both houses of the Texas Legislature. If not, the bill will take effect on September 1, 2025. This legislation aims to ensure that the use of AI in educational assessments is both equitable and reliable, particularly for educationally disadvantaged students, emergent bilingual students, and those in special education programs.

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