HB 1095

relating to the use of interim testing and adaptive, growth-based
assessment instruments for certain required assessments of public
school students and prohibiting the use of the results of certain
required assessments of public school students for certain
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter I, Chapter 21, Education Code, is
amended by adding Section 21.417 to read as follows:
Sec. 21.417.  PROHIBITING USE OF CERTAIN ASSESSMENT
INSTRUMENTS AS SOLE CRITERION IN TEACHER EVALUATION OR
COMPENSATION.  The results of an assessment instrument administered
under Section 39.023(a), (b), or (n) may not be used as the sole
criterion in evaluating teacher performance or determining teacher
SECTION 2.  Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.0264 to read as follows:
Sec. 39.0264.  SCHOOL DISTRICT ADOPTION AND ADMINISTRATION
OF INTERIM TESTING AND ADAPTIVE, GROWTH-BASED ASSESSMENT
INSTRUMENTS.  (a)  In this section, "adaptive, growth-based
assessment instrument" means an assessment instrument that:
(1)  adjusts the level of difficulty for each student
during administration of the assessment instrument to match the
knowledge and ability demonstrated by the student on the assessment
(2)  measures each student's academic progress over a
period of time, regardless of the student's age, grade level, or
(b)  The commissioner shall apply to the United States
Department of Education for a waiver of the requirement under the
Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) to
administer the same assessment instruments to all public school
(c)  If the United States Department of Education grants a
waiver described by Subsection (b), a school district may adopt or
develop assessment instruments in accordance with this section and
administer those assessment instruments in lieu of the assessment
instruments required under Section 39.023(a), (b), or (n) in each
subject and at each grade level for which an assessment instrument
is required to be administered under Section 39.023(a).
(d)  Each assessment instrument administered under this
section must be administered during the school year through
statewide interim assessments.  The results of the interim
assessments for each subject shall be combined to determine a
single summative score on that assessment instrument for each
student in the manner established by commissioner rule.
(e)  An assessment instrument administered under this
section in an electronic format must be an adaptive, growth-based
(f)  In adopting or developing assessment instruments under
this section, a school district may contract with a nonprofit
organization that specializes in developing adaptive, growth-based
(g)  The commissioner shall adopt rules as necessary to
implement this section, including rules:
(1)  providing the number and timing of the
administration of the statewide interim assessments to be
administered to a student for each assessment instrument described
by Subsection (c), which must include at least:
(A)  one interim assessment administered at the
beginning of the school year; and
(B)  one interim assessment administered at the
(2)  establishing the criteria necessary to ensure an
assessment instrument is an adaptive, growth-based assessment
(h)  A reference in law to an assessment instrument adopted
or developed under Section 39.023(a), (b), or (n) includes an
assessment instrument adopted or developed and administered by a
school district in accordance with a waiver described by Subsection
SECTION 3.  Section 39.053, Education Code, is amended by
adding Subsection (c-4) to read as follows:
(c-4)  For purposes of Subsection (c)(2)(A), a student's
improvement on an assessment instrument administered under Section
39.0264 must be measured from the beginning of the school year for
which the district or campus is being evaluated to the end of that
SECTION 4.  This Act applies beginning with the 2026-2027
SECTION 5.  Not later than January 1, 2026, the commissioner
of education shall apply to the United States Department of
Education for a waiver of the requirement under the Every Student
Succeeds Act (20 U.S.C. Section 6301 et seq.) to administer the same
assessment instruments to all public school students.
SECTION 6.  This Act takes effect September 1, 2025.