Adopted New 19 TAC Chapter 103, Health and Safety, Subchapter CC, Commissioner's Rules Concerning Safe Schools, §103.1203, Assessment of Academic Growth of Students in Disciplinary Alternative Education Programs
I. Statutory Citation (PDF)
II. Text of Adopted New 19 TAC Chapter 103, Health and Safety, Subchapter CC, Commissioner's Rules Concerning Safe Schools, §103.1203, Assessment of Academic Growth of Students in Disciplinary Alternative Education Programs (PDF)
The rule action presented in this item will be filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts new 19 TAC Chapter 103, Health and Safety, Subchapter CC, Commissioner's Rules Concerning Safe Schools, §103.1203, Assessment of Academic Growth of Students in Disciplinary Alternative Education Programs. The adopted rule establishes assessment requirements for students placed in disciplinary alternative education programs in accordance with the Texas Education Code (TEC), §37.0082. No changes were made to the rule since published as proposed.
August 18, 2010.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
House Bill (HB) 2532, 80th Texas Legislature, 2007, addressed the expulsion and placement of students who engage in certain activities. HB 2532 also addressed the need for identifying equal education opportunities for all students who are placed in an alternative setting for more than 90 days. HB 2532 added the TEC, §37.0082, which requires that all school districts with disciplinary alternative education programs (DAEPs) complete a pre- and post-assessment on students being placed in a DAEP in order to measure the level of academic achievement prior to placement as well as measuring academic growth upon completion of placement.
Adopted new 19 TAC §103.1203 implements the TEC, §37.0082, by establishing in rule school district responsibilities for administering a pre- and post-assessment to assess the basic skills in reading and mathematics for each student in the district's DAEP. In addition, the new rule requires a school district to provide assessment results to a student's locally assigned campus. The adopted rule specifies that procedures for administering this assessment are to be developed and implemented in accordance with local school district policy. The adopted rule also clarifies that DAEP assessment requirements are in addition to the assessment requirements of the TEC, Chapter 39.
No changes were made to the rule since published as proposed.
The Texas Education Agency has determined that there are no additional costs to persons or entities required to comply with the rule action. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
PUBLIC AND STUDENT BENEFIT:
The adopted new rule provides consistent pre- and post-assessment requirements to measure academic growth for students placed in DAEPs for more than 90 days to provide an appropriate level of education.
PROCEDURAL AND REPORTING IMPLICATIONS:
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
Pre- and post-assessment results may be added to the student permanent school portfolio.
The public comment period on the proposal began May 21, 2010, and ended June 21, 2010. No public comments were received.
OTHER COMMENTS AND RELATED ISSUES:
Staff Members Responsible:
Jerel Booker, Associate Commissioner, Educator and Student Policy Initiatives
Julie Harris-Lawrence, Deputy Associate Commissioner, Educator Performance and Student Affairs
Priscilla G. Flores, Senior Advisor, Educator Performance and Student Affairs
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