HB4 - Relating to the assessment of public school students, public school accountability and actions, and proceedings challenging the operations of the public school system.

      By: Buckley, et al. H.B. No. 4         (Senate Sponsor - Bettencourt, et al.)          (In the Senate - Received from the House May 14, 2025;   May 14, 2025, read first time and referred to Committee on   Education K-16; May 25, 2025, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 8, Nays 1;   May 25, 2025, sent to printer.) Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR H.B. No. 4 By:  Middleton     A BILL TO BE ENTITLED   AN ACT     relating to the assessment of public school students, public school   accountability and actions, and proceedings challenging the   operations of the public school system.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 7.056(e), Education Code, is amended to   read as follows:          (e)  Except as provided by Subsection (f), a school campus or   district may not receive an exemption or waiver under this section   from:                (1)  a prohibition on conduct that constitutes a   criminal offense;                (2)  a requirement imposed by federal law or rule,   including a requirement for special education or bilingual   education programs; or                (3)  a requirement, restriction, or prohibition   relating to:                      (A)  essential knowledge or skills under Section   28.002 or high school graduation requirements under Section 28.025;                      (B)  public school accountability as provided by   Subchapters B, C, D, and J, Chapter 39, and Chapter 39A;                      (C)  extracurricular activities under Section   33.081 [ or participation in a University Interscholastic League   area, regional, or state competition under Section 33.0812 ];                      (D)  health and safety under Chapter 38;                      (E)  purchasing under Subchapter B, Chapter 44;                      (F)  elementary school class size limits, except   as provided by Section 25.112;                      (G)  removal of a disruptive student from the   classroom under Subchapter A, Chapter 37;                      (H)  at-risk programs under Subchapter C, Chapter   29;                      (I)  prekindergarten programs under Subchapter E,   Chapter 29;                      (J)  educator rights and benefits under   Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter   A, Chapter 22;                      (K)  special education programs under Subchapter   A, Chapter 29;                      (L)  bilingual education programs under   Subchapter B, Chapter 29; or                      (M)  the requirements for the first day of   instruction under Section 25.0811.          SECTION 2.  Section 7.057(d), Education Code, is amended to   read as follows:          (d)  A person aggrieved by an action of the agency or   decision of the commissioner under this section may appeal to a   district court in Travis County. An appeal must be made by serving   the commissioner with citation issued and served in the manner   provided by law for civil suits. The petition must state the action   or decision from which the appeal is taken. At trial, the court   shall determine all issues of law and fact, except as provided by   Section 33.081(g).          SECTION 3.  Section 11.182(b), Education Code, is amended to   read as follows:          (b)  A board of trustees may determine whether to use the   evaluation tool, except as required by Section 39A.002  [ 39.102(a) ].          SECTION 4.  The heading to Section 39.001, Education Code,   is amended to read as follows:          Sec. 39.001.  RULES ; ACTION FOR DECLARATORY JUDGMENT .          SECTION 5.  Section 39.001, Education Code, is amended by   adding Subsection (c) to read as follows:           (c)     A school district or open-enrollment charter school   must bring an action for declaratory judgment under Section   2001.038, Government Code, challenging the validity or   applicability of a rule adopted under this chapter or Chapter 39A   not later than six months after the date the rule is adopted.          SECTION 6.  Section 39.022, Education Code, is amended to   read as follows:          Sec. 39.022.   INSTRUCTIONALLY SUPPORTIVE ASSESSMENT SYSTEM     [ PROGRAM ].  (a)  The agency [ State Board of Education by rule ] shall   create and implement a balanced and streamlined statewide   assessment system for assessment instruments administered under   this subchapter [ program that is knowledge- and skills-based ] to   ensure school accountability for student achievement that :                 (1)     is aligned with the essential knowledge and skills   adopted by the State Board of Education under Section 28.002;                 (2)   achieves the goals provided under Section 4.002 ;   and                 (3)  prioritizes student learning .           (b)  The agency  [ After adopting rules under this section, the   State Board of Education ] shall consider the importance of   maintaining stability in the statewide assessment system  [ program ]   when modifying the system  [ adopting any subsequent modification of   the rules ].           (c)   [ (b) ]  It is the policy of this state that the statewide   assessment system  [ program ] be designed to:                (1)  provide assessment instruments that are as short   as practicable; and                (2)  minimize the disruption to the educational   program.           (d)     The assessment system implemented under this section   must include:                 (1)     assessment instruments administered under   Sections 39.023(a), (c), and (l);                 (2)     beginning-of-year and middle-of-year assessment   instruments described by Section 39.023(o-1); and                 (3)     technical assistance and guidance to school   districts and open-enrollment charter schools for implementing the   assessment system, including assistance and guidance on:                       (A)     implementing a comprehensive assessment   strategy that:                             (i)     improves student performance and   promotes mastery of the essential knowledge and skills; and                             (ii)     informs educators regarding   assessment requirements; and                       (B)     reducing the assessment burden on students   and school personnel.          SECTION 7.  Subchapter B, Chapter 39, Education Code, is   amended by adding Section 39.0225 to read as follows:           Sec.   39.0225.     TRANSITION OF ASSESSMENT SYSTEM. (a) The   agency shall transition the system for assessment instruments   administered under this subchapter to incorporate improvements   identified in reports submitted under Section 39.0236(d).           (b)     For purposes of making the transition under Subsection   (a), the agency shall adopt or develop the following assessment   instruments to be administered beginning no later than the   2027-2028 school year:                 (1)     an end-of-year assessment instrument for each   subject or course for each grade level subject to assessment under   Section 39.023; and                 (2)     optional beginning-of-year and middle-of-year   progress monitoring assessment instruments for each subject and   grade level subject to assessment under Sections 39.023(a)(1)   through (4).           (c)     To the extent practicable, the end-of-year assessment   instruments described by Subsection (b)(1) shall:                 (1)     be shorter than the assessment instruments   administered during the 2024-2025 school year under Sections   39.023(a), (c), and (l);                 (2)     be scheduled as close to the end of the school year   as practicable;                 (3)     allow for results to be provided as quickly as   practicable; and                 (4)     for a reading language arts assessment instrument,   include open-ended questions that are:                       (A)  administered separately; and                       (B)  scored using a process that:                             (i)  involves classroom teachers; and                             (ii)     allows for a school district or   open-enrollment charter school to submit student responses for   rescoring.           (d)     To the extent practicable, the progress monitoring   assessment instruments described by Subsection (b)(2) shall:                 (1)     provide progress monitoring information related   to essential knowledge and skills for the assessed subject to   support instruction during the school year;                 (2)     be designed to be predictive of, without   intervention, a student's performance on the applicable   end-of-year assessment instrument; and                 (3)     serve as an optional and free benchmark assessment   tool for school districts and open-enrollment charter schools.           (e)     The agency shall provide technical assistance and   guidance to school districts and open-enrollment charter schools as   described by Section 39.022(d)(3) that, to the extent practicable,   includ [Text truncated for display. 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