Texas Education Code
§ 39.025 — SECONDARY-LEVEL PERFORMANCE REQUIRED
ED § 39.025Title 2. PUBLIC EDUCATION · Part H. PUBLIC SCHOOL SYSTEM ACCOUNTABILITY · Ch. 39. PUBLIC SCHOOL SYSTEM ACCOUNTABILITY · Art. B. ASSESSMENT OF ACADEMIC SKILLS
Statute text
View on source(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 which the student is enrolled and for which an end-of-course assessment instrument is administered. A student is required to achieve a scale score that indicates satisfactory performance, as determined by the commissioner under Section 39.0241(a), on each end-of-course assessment instrument administered to the student. For each scale score required under this subsection that is not based on a 100-point scale scoring system, the commissioner shall provide for conversion, in accordance with commissioner rule, of the scale score to an equivalent score based on a 100-point scale scoring system. A student may not receive a high school diploma until the student has performed satisfactorily on end-of-course assessment instruments in the manner provided under this subsection. This subsection does not require a student to demonstrate readiness to enroll in an institution of higher education. (a-1) Repealed by Acts 2025, 89th Leg., 2nd C.S., Ch. 6 (H.B. 8), Sec. 1.012(2), eff. December 4, 2025. (a-2) The commissioner shall determine a method by which a student's satisfactory performance on an advanced placement test, an international baccalaureate examination, the SAT, the ACT, an assessment instrument designated by the Texas Higher Education Coordinating Board under Section 51.334, or any nationally recognized norm-referenced assessment instrument used by institutions of higher education to award course credit based on satisfactory performance on the assessment instrument shall be used to satisfy the requirements concerning an end-of-course assessment instrument in an equivalent course as prescribed by Subsection (a). To the extent authorized by federal law, a student may take a test or other assessment instrument authorized under this subsection in lieu of the appropriate end-of-course assessment instrument. The commissioner shall determine a method by which a student's satisfactory performance on the PSAT or the PreACT shall be used to satisfy the requirements concerning an end-of-course assessment instrument in an equivalent course as prescribed by Subsection (a). A student who fails to perform satisfactorily on a test or other assessment instrument authorized under this subsection, other than the PSAT or the PreACT, may retake that test or other assessment instrument for purposes of this subsection or may take the appropriate end-of-course assessment instrument. A student who fails to perform satisfactorily on the PSAT or the PreACT must take the appropriate end-of-course assessment instrument. The commissioner shall adopt rules as necessary for the administration of this subsection. (a-3) Repealed by Acts 2025, 89th Leg., 2nd C.S., Ch. 6 (H.B. 8), Sec. 1.012(2), eff. December 4, 2025. (a-4) The admission, review, and dismissal committee of a student in a special education program under Subchapter A, Chapter 29, shall determine whether, to receive a high school diploma, the student is required to achieve satisfactory performance on end-of-course assessment instruments. (a-5) Notwithstanding Subsection (a), a student who has failed to perform satisfactorily on end-of-course assessment instruments in the manner provided under this section may receive a high school diploma if the student has qualified for graduation under Section 28.0258.
(b)Each time an end-of-course assessment instrument adopted or developed under Section 39.023(c) is administered, a student who failed to achieve a score requirement under Subsection (a) may retake the assessment instrument. A student is not required to retake a course as a condition of retaking an end-of-course assessment instrument. (b-1) A school district shall provide each student who fails to perform satisfactorily as determined by the commissioner under Section 39.0241(a) on an end-of-course assessment instrument with accelerated instruction under Section 28.0211 in the subject assessed by the assessment instrument. (b-2) Repealed by Acts 2015, 84th Leg., R.S., Ch. 934 , Sec. 5(3), eff. June 18, 2015.
(c)A student who has been denied a high school diploma under this section and who subsequently performs at the level necessary to comply with the requirements of this section shall be issued a high school diploma. (c-1) A school district may not administer an assessment instrument required for graduation administered under this section as this section existed:
(1)before September 1, 1999; or
(2)before amendment by Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular Session, 2007. (c-2) A school district may administer to a student who failed to perform satisfactorily on an assessment instrument described by Subsection (c-1) an alternate assessment instrument designated by the commissioner. The commissioner shall determine the level of performance considered to be satisfactory on an alternate assessment instrument. The district may not administer to the student an assessment instrument or a part of an assessment instrument that assesses a subject that was not assessed in an assessment instrument applicable to the student described by Subsection (c-1). The commissioner shall make available to districts information necessary to administer the alternate assessment instrument authorized by this subsection. The commissioner's determination regarding designation of an appropriate alternate assessment instrument under this subsection and the performance required on the assessment instrument is final and may not be appealed.
(d)Notwithstanding Subsection (a), the commissioner by rule shall adopt one or more alternative nationally recognized norm referenced assessment instruments under this section to administer to a student to qualify for a high school diploma if the student enrolls after January 1 of the school year in which the student is otherwise eligible to graduate:
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Legislative history
Acts 2019, 86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 9, eff. May 7, 2019. Acts 2021, 87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 4, eff. June 7, 2021. Acts 2021, 87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 5, eff. June 16, 2021. Acts 2023, 88th Leg., R.S., Ch. 404 (H.B. 1416), Sec. 4, eff. June 9, 2023. Acts 2025, 89th Leg., R.S., Ch. 150 (S.B. 1418), Sec. 1, eff. May 24, 2025. Acts 2025, 89th Leg., 2nd C.S., Ch. 6 (H.B. 8), Sec. 1.006, eff. December 4, 2025. Acts 2025, 89th Leg., 2nd C.S., Ch. 6 (H.B. 8), Sec. 1.012(2), eff. December 4, 2025. Acts 2025, 89th Leg., 2nd C.S., Ch. 6 (H.B. 8), Sec. 4.012, eff. December 4, 2025.