Tex. Educ. Code § 39.0263 · Subchapter B. ASSESSMENT OF ACADEMIC SKILLS
ADMINISTRATION OF DISTRICT-REQUIRED OR CAMPUS-REQUIRED BENCHMARK ASSESSMENT INSTRUMENTS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 subject or course in a particular grade level and that is not directly linked to instructional material recently covered in the classroom. The term includes an assessment instrument designed to prepare students for a corresponding state-administered assessment instrument, such as:
(1) a practice test;
(2) a nationally norm-referenced assessment instrument;
(3) a district-created standards assessment; or
(4) a vendor-created assessment of state standards.
(b) Except as provided by Subsection (c), a school district or campus may not administer to any student:
(1) in grades three through eight, a benchmark assessment instrument other than an alternative assessment instrument under Section 39.023(q); and
(2) in a grade other than the grades described by Subdivision (1), more than two benchmark assessment instruments during a school year before the administration of an end-of-year or end-of-course assessment instrument.
(c) The prohibition prescribed by this section does not apply to:
(1) the administration of a college preparation assessment instrument, including the PSAT, the PreACT, the SAT, or the ACT, an advanced placement test, or an international baccalaureate examination;
(2) an independent classroom examination designed or adopted and administered by a classroom teacher;
(3) a diagnostic assessment included in a screening or testing for dyslexia or a related disorder; or
(4) an assessment instrument required under state law, including under Chapter 28 or 29 or this chapter.
(d) A parent of or person standing in parental relation to a student who has special needs, as determined in accordance with commissioner rule, may request administration to the student of additional benchmark assessment instruments.
Notes and commentary — not statutory text
History
Added by Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 37(a), eff. June 10, 2013.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 150 (S.B. 1418), Sec. 2, eff. May 24, 2025.
Acts 2025, 89th Leg., 2nd C.S., Ch. 6 (H.B. 8), Sec. 1.007, eff. December 4, 2025.
Acts 2025, 89th Leg., 2nd C.S., Ch. 6 (H.B. 8), Sec. 1.008, eff. December 4, 2025.
Acts 2025, 89th Leg., 2nd C.S., Ch. 6 (H.B. 8), Sec. 1.009, eff. December 4, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ED/htm/ED.39.htm
- Text hash
- sha256 15c06dd64d0da5d8d57c8cf4890d5774bfdcc572ada27ac7610be7a1f4c10319
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
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