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.