1. (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. (1) a practice test;
   2. (2) a nationally norm-referenced assessment instrument;
   3. (3) a district-created standards assessment; or
   4. (4) a vendor-created assessment of state standards.

2. (b) Except as provided by Subsection (c), a school district or campus may not administer to any student:

   1. (1) in grades three through eight, a benchmark assessment instrument other than an alternative assessment instrument under Section 39.023(q); and
   2. (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.

3. (c) The prohibition prescribed by this section does not apply to:

   1. (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. (2) an independent classroom examination designed or adopted and administered by a classroom teacher;
   3. (3) a diagnostic assessment included in a screening or testing for dyslexia or a related disorder; or
   4. (4) an assessment instrument required under state law, including under Chapter 28 or 29 or this chapter.
4. (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.

Added by Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 37(a), eff. June 10, 2013.

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.