HB 4390

relating to parental rights regarding the use of machine grading to
score certain portions of assessment instruments administered to
public school students in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 39.023, Education Code, is amended by
adding Subsections (q) and (r) to read as follows:
(q)  The agency shall provide written notice to a student's
parent if machine grading, including artificial intelligence or
computer software, is used to score a constructed response provided
by a student as part of an assessment instrument administered under
this section.  The notice must include information regarding the
parent's right to request rescoring of the constructed response as
(r)  On written request by a parent of a student who failed to
perform satisfactorily on an assessment instrument in which machine
grading was used to score the constructed response as described by
Subsection (q), that portion of the student's assessment instrument
must be rescored using a traditional scoring method that does not
include machine grading, at no cost to the parent.
SECTION 2.  This Act applies beginning with the 2025-2026
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 September 1, 2025.