Education Code § 39.0226

For expiration of this section, see Subsection (c). Sec. 39.0226. ASSESSMENT INSTRUMENT STUDY. (a) The commissioner shall enter into a memorandum of understanding with a public institution of higher education to conduct a study on items proposed to be included in an assessment instrument required to be administered under Section 39.023(a) under the instructionally supportive assessment program described by Section 39.022. The study must determine whether, for each item that is designed to be on grade level, the item: (1) is written at a reading level appropriate for students at that grade level; and (2) includes only: (A) passages, questions, answers, or other content aligned with the essential knowledge and skills adopted by the State Board of Education under Section 28.002 for the applicable subject for that grade level or a previous grade level; and (B) passages written at a reading level not higher than that grade level. (b) Not later than December 1, 2028, the commissioner shall submit to the legislature and the chairs of the standing legislative committees with primary jurisdiction over primary and secondary education a report that includes the results of the study conducted under Subsection (a). (c) This section expires December 31, 2028. Added by Acts 2025, 89th Leg., 2nd C.S., Ch. 6 (H.B. 8), Sec. 1.003, eff. December 4, 2025.