Commissioner's Rules
Adopted Amendments to 19 TAC Chapter 101, Assessment, Subchapter AA, Commissioner's Rules Concerning the Participation of Limited English Proficient Students in State Assessments
Attachments:
I. Statutory Citations (PDF)
II. Text of Adopted Amendments to 19 TAC Chapter 101, Assessment, Subchapter AA, Commissioner's Rules Concerning the Participation of Limited English Proficient Students in State Assessments (PDF)
SUMMARY:
The rule action in this item will be filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts amendments to 19 TAC Chapter 101, Assessment, Subchapter AA, Commissioner's Rules Concerning the Participation of Limited English Proficient Students in State Assessments, §101.1007, Limited English Proficient Students at Grades Other Than the Exit Level, and §101.1009, Limited English Proficient Students Who Receive Special Education Services. The adopted amendments reflect clarifications on serving students who receive both special language and special education services to correspond with recent changes adopted in 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter BB, Commissioner's Rules Concerning State Plan for Educating Limited English Proficient Students. The adopted amendments also update references to state assessments to reflect recent changes in the state assessment program.
STATUTORY AUTHORITY:
Texas Education Code (TEC), §39.023.
EFFECTIVE DATE:
May 11, 2008.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
Amendments to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter BB, Commissioner's Rules Concerning State Plan for Educating Limited English Proficient Students, adopted to be effective September 17, 2007, included clarification on serving students who receive both special language and special education services. The adopted amendments clarify that the admission, review, and dismissal (ARD) committee and language proficiency assessment committee (LPAC) shall work in conjunction in the testing and classification of students who are designated as limited English proficient (LEP) and receive special education services.
The adopted amendments to 19 TAC Chapter 101, Assessment, Subchapter AA, Commissioner's Rules Concerning the Participation of Limited English Proficient Students in State Assessments, reflect the changes made in 19 TAC Chapter 89, Subchapter BB. In addition, the adopted amendments update references to state assessments to reflect recent changes in the state assessment program.
The adopted amendment to 19 TAC §101.1007, Limited English Proficient Students at Grades Other Than the Exit Level, includes a technical update in subsection (b)(1) to reference English language proficiency assessments in reading.
The adopted amendment to 19 TAC §101.1009, Limited English Proficient Students Who Receive Special Education Services, revises language in subsections (b) and (c) to clarify that the ARD committee and LPAC shall work in conjunction to make decisions regarding the selection of state assessments and testing accommodations for a LEP student served by special education to ensure that factors related to both the student's second language acquisition needs and disabling condition are considered. Guidance for meeting the requirement that the ARD committee and LPAC work in conjunction has been issued by the TEA Department of Standards and Programs. The adopted amendment also updates the reference to the state assessments in subsection (d) to reflect recent changes in the state assessment program.
In response to a public comment, TEA has made a non-substantive revision to §101.1009(c) for clarity and consistency.
FISCAL IMPACT:
The TEA has determined that there are no fiscal implications to persons or entities required to comply with the adopted rule action, including local school districts and open-enrollment charter schools. In addition, there is no 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 amendments extend the clarifications provided in 19 TAC Chapter 89, Subchapter BB, to the state assessment decision-making processes followed by ARD committees and LPACs for the benefit of LEP students served through special education.
PROCEDURAL AND REPORTING IMPLICATIONS:
The clarifications contained in the adopted amendments may increase the frequency with which the LPAC and ARD committee collaborate on state assessment participation decisions for LEP students served through special education.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
The clarifications contained in the adopted amendments may increase the paperwork required and maintained by the LPAC and/or ARD committee in order to consider testing decisions for LEP students served through special education.
PUBLIC COMMENTS:
The public comment period began February 8, 2008, and ended March 9, 2008. Following is a summary of the public comment received and corresponding agency response regarding the proposed amendments to 19 TAC Chapter 101, Assessment, Subchapter AA, Commissioner's Rules Concerning the Participation of Limited English Proficient Students in State Assessments.
Comment: Concerning §101.1009, Limited English Proficient Students Who Receive Special Education Services, an individual requested that the agency consider keeping the current policy in effect. The individual commented that requiring the inclusion of the entire LPAC would unduly burden the process, which currently includes input from a representative of the LPAC. In addition, the individual commented that the inclusion of the entire LPAC in the decision-making process might raise confidentiality concerns.
Agency Response: The TEA disagrees in part and agrees in part. The TEA disagrees that the current policy should remain in effect. It is necessary to revise §101.1009 to make clear that the ARD committee works in conjunction with the LPAC to reach decisions on assessment-related matters for LEP students who receive special education services just as the two committees work in conjunction in the testing and classification of these students under 19 TAC Chapter 89.
The TEA does agree, however, that concerns expressed in the individual's comment are legitimate, and the TEA Department of Standards and Programs has issued guidance to respond to these concerns. According to the guidance issued, key members of the ARD committee and key members of the LPAC are to collaborate in considering the needs of the students. Recommendations from these collaborative efforts are presented by key members of the LPAC and are discussed at ARD committee meetings. This guidance responds both to the concern about the inclusion of the entire LPAC and the concern about confidentiality. The TEA has made a non-substantive revision to §101.1009(c) since published as proposed to ensure consistency between the language of the rule and the language of the guidance issued. Specifically, language was updated to reflect that the ARD committee would work in conjunction with the LPAC.
ALTERNATIVES:
None.
OTHER COMMENTS AND RELATED ISSUES:
None.
Staff Members Responsible:
Criss Cloudt, Associate Commissioner, Assessment, Accountability, and Data Quality
Gloria Zyskowski, Deputy Associate Commissioner, Student Assessment
For additional information, email rules@tea.state.tx.us.