Title ED, Education Code

Sec. 38.256. REPORTS TO LEGISLATURE. In addition to any other information required to be provided to the legislature under this chapter, not later than November 1 of each even-numbered year the agency shall provide to the legislature: (1) a description of any changes the agency h…

Sec. 38.351. MENTAL HEALTH PROMOTION AND INTERVENTION, SUBSTANCE ABUSE PREVENTION AND INTERVENTION, AND SUICIDE PREVENTION. (a) The agency, in coordination with the Health and Human Services Commission and regional education service centers, shall provide and annually update a li…

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 (…

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 Pr…

Sec. 39.001. RULES; ACTION FOR DECLARATORY JUDGMENT. (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…

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.

Sec. 39.003. SPECIAL INVESTIGATIONS. (a) The commissioner may authorize special investigations to be conducted: (1) when excessive numbers of absences of students eligible to be tested on state assessment instruments are determined; (2) when excessive numbers of allowable exempti…

Sec. 39.004. CONDUCT OF SPECIAL INVESTIGATIONS. (a) The agency shall adopt written procedures for conducting special investigations, including procedures that allow the agency to obtain information from district employees in a manner that prevents a district or campus from screen…

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, alterna…

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 th…

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 …

Sec. 39.008. CERTIFICATION OF COMPLIANCE WITH CERTAIN LAWS REQUIRED. (a) Not later than September 30 of each year, the superintendent of a school district or open-enrollment charter school shall certify to the agency that the district or school is in compliance with this section …

Sec. 39.009. COMPLIANCE WITH CERTAIN CHAPTER REQUIREMENTS; LEGISLATIVE OVERSIGHT. (a) Failure to comply with a requirement of Subchapter B, C, or D: (1) does not prevent: (A) the administration of a statewide assessment instrument required under Subchapter B; or (B) the assignmen…

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…

Sec. 39.022. INSTRUCTIONALLY SUPPORTIVE ASSESSMENT PROGRAM. (a) To ensure school accountability for student achievement that achieves the goals provided under Section 4.002, the agency shall create and implement an instructionally supportive statewide assessment program that: (1)…

Sec. 39.0225. TRANSITION OF ASSESSMENT PROGRAM. (a) Except as otherwise provided by this section, not later than the beginning of the 2027-2028 school year, the agency shall transition the program for assessment instruments administered under this subchapter from the State of Tex…

Sec. 39.0226. ASSESSMENT INSTRUMENT STUDY. (a) The commissioner shall enter into a memorandum of understanding with a public institution of higher education to conduct a study on items proposed to be included in an assessment instrument required to be administered under Section 3…

Sec. 39.023. ADOPTION AND ADMINISTRATION OF INSTRUMENTS. (a) In creating and implementing the instructionally supportive assessment program under Section 39.022, the agency shall adopt or develop appropriate beginning-of-year, middle-of-year, and end-of-year assessment instrument…

Sec. 39.02301. ADOPTION OR DEVELOPMENT AND ADMINISTRATION REQUIREMENTS FOR ASSESSMENT INSTRUMENTS. (a) An assessment instrument adopted or developed under Section 39.023 must: (1) measure student performance in relation to the essential knowledge and skills adopted by the State B…

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 memb…

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 …

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 th…

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 un…

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, …

Sec. 39.02342. PAPER ADMINISTRATION OF ASSESSMENT INSTRUMENTS ON REQUEST. (a) Subject to Subsection (c) and notwithstanding Section 39.023, a school district may administer in paper format a nonadaptive assessment instrument adopted or developed by the agency as a substitute for …

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 technolo…

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 u…

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. …

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 taxati…

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 cre…

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 lev…

Sec. 39.025. SECONDARY-LEVEL PERFORMANCE REQUIRED. (a) The commissioner shall adopt rules requiring a student in the foundation high school program under Section 28.025 to be administered an end-of-course assessment instrument listed in Section 39.023(c) only for a course in whic…

Sec. 39.0261. COLLEGE PREPARATION AND CAREER READINESS ASSESSMENTS. (a) In addition to the assessment instruments otherwise authorized or required by this subchapter: (1) each school year and at state cost, a school district may administer to students in the spring of the eighth …

Sec. 39.0263. ADMINISTRATION OF DISTRICT-REQUIRED OR CAMPUS-REQUIRED BENCHMARK ASSESSMENT INSTRUMENTS. (a) In this section, "benchmark assessment instrument" means a district-required or campus-required assessment instrument that is administered to all or most students for a subj…

Sec. 39.027. EXEMPTION. (a) A student may be administered an accommodated or alternative assessment instrument or may be granted an exemption from or a postponement of the administration of an assessment instrument under: (1) Section 39.023(a), (b), (c), or (l) for a period of up…

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…

Sec. 39.030. CONFIDENTIALITY; PERFORMANCE REPORTS. (a) In adopting academic skills assessment instruments under this subchapter, the agency or a school district shall ensure the security of the instruments and tests in their preparation, administration, and grading. Meetings or p…

Sec. 39.0301. SECURITY IN ADMINISTRATION OF ASSESSMENT INSTRUMENTS. (a) The commissioner: (1) shall establish procedures for the administration of assessment instruments adopted or developed under Section 39.023, including procedures designed to ensure the security of the assessm…

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 22A.051(m), 22A.052(l), or 22A.156, or an investiga…

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 ite…

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 d…

Sec. 39.031. COST. The cost of preparing, administering, or grading the assessment instruments and releasing the question and answer keys under Section 39.02301(m) shall be paid from amounts appropriated to the agency. Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, …

Sec. 39.033. VOLUNTARY ASSESSMENT OF PRIVATE SCHOOL STUDENTS. (a) Under an agreement with the agency, a private school may administer an assessment instrument adopted under this subchapter to students at the school. (b) An agreement under this section must require the private sch…

Sec. 39.034. MEASURE OF ANNUAL IMPROVEMENT IN STUDENT ACHIEVEMENT. (a) The commissioner shall determine a method by which the agency may measure annual improvement in student achievement from one school year to the next on an assessment instrument required under this subchapter. …

Sec. 39.035. LIMITATION ON FIELD TESTING OF ASSESSMENT INSTRUMENTS. (a) Subject to Subsection (b), the agency may conduct field testing of questions for any assessment instrument administered under Section 39.023(a), (b), (c), or (l) that is separate from the administration of th…

Sec. 39.036. VERTICAL SCALE FOR CERTAIN ASSESSMENT INSTRUMENTS. (a) The agency shall develop a vertical scale for assessing student performance on assessment instruments administered under Sections 39.023(a)(1) and (2) in a manner that allows the agency to compare the performance…