Commissioner's Rules
Adopted New 19 TAC Chapter 101, Assessment, Subchapter FF, Commissioner's Rules Concerning Diagnostic Assessment, §101.6001, Texas Middle School Diagnostic Reading Assessment
Attachments:
I. Statutory Citations (PDF)
II. Text of Adopted New 19 TAC Chapter 101, Assessment, Subchapter FF, Commissioner's Rules Concerning Diagnostic Assessment, §101.6001, Texas Middle School Diagnostic Reading Assessment (PDF)
SUMMARY:
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 101, Assessment, Subchapter FF, Commissioner's Rules Concerning Diagnostic Assessment, §101.6001, Texas Middle School Diagnostic Reading Assessment. The adopted new rule implements the requirement of the Texas Education Code (TEC), §28.006(c-1), which requires each school district to administer at the beginning of the seventh grade a reading instrument to each student whose performance on the assessment instrument in reading in Grade 6 did not demonstrate reading proficiency. No changes were made to the rule since published as proposed.
STATUTORY AUTHORITY:
TEC, §28.006(c-1), as added by House Bill (HB) 2237, 80th Texas Legislature, 2007.
EFFECTIVE DATE:
October 14, 2008.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
In 1999, the 76th Texas Legislature enacted the Student Success Initiative, which established grade advancement requirements based on student performance on statewide assessments in reading and/or mathematics in Grades 3, 5, and 8. In 2007, the 80th Texas Legislature passed legislation that would address the academic performance differences of elementary students and students in Grades 6-8 on the state reading assessments. In addition, Grade 8 students were subject to the grade advancement requirements of the Student Success Initiative beginning with school year 2007-2008.
The 80th Texas Legislature, through HB 2237, provided for the statewide implementation of a reading assessment to be administered at the beginning of Grade 7 to students who did not demonstrate reading proficiency, as determined by the commissioner, on the Grade 6 state assessment in reading. The results of the assessment will provide diagnostic information that school districts can use to offer reading intervention to these students based on their specific needs. A school district shall provide additional reading instruction and intervention to each student in Grade 7 assessed under the adopted new rule, as appropriate to improve the student's reading skills in the relevant areas identified through the assessment instrument.
Adopted new 19 TAC §101.6001 establishes provisions for middle school diagnostic reading assessment, including designating the diagnostic reading instrument to be used for identified students and providing criteria for alternative diagnostic reading instruments.
No changes were made to the rule since published as proposed.
FISCAL IMPACT:
The Texas Education Agency (TEA) has determined that there are no additional costs to persons or entities required to comply with the adopted rule action. Local school districts that use the designated diagnostic reading instrument will incur no additional costs. A local school district that chooses to use a diagnostic reading assessment instead of or in addition to the state diagnostic reading instrument will have to purchase it with district funds. This could cause a district to incur local costs, which are unknown and cannot be determined.
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 19 TAC Chapter 101, Assessment, Subchapter FF, Commissioner's Rules Concerning Diagnostic Assessment, §101.6001, Texas Middle School Diagnostic Reading Assessment, will provide districts with a diagnostic reading instrument that can be used to assess Grade 7 students who are struggling readers and provide results that can be used in a reading intervention program for these students.
PROCEDURAL AND REPORTING IMPLICATIONS:
To comply with the adopted new rule, school districts will administer the Texas Middle School Fluency Assessment and/or a TEA-approved alternate research-based, diagnostic reading instrument. A school district that chooses to administer an alternate diagnostic reading instrument will be required to request prior approval from the TEA by submitting an explanation of how the alternate instrument meets specified criteria along with appropriate evidence.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
None.
PUBLIC COMMENTS:
The public comment period on the proposal began July 18, 2008, and ended August 18, 2008. No public comments were received.
ALTERNATIVES:
None.
OTHER COMMENTS AND RELATED ISSUES:
None.
Staff Members Responsible:
Sharon Jackson, Associate Commissioner, Standards and Programs
Anita Givens, Deputy Associate Commissioner, Standards and Alignment
Mary F. "Muffet" Livaudais, Director of Special Projects, Standards and Programs
For additional information, email rules@tea.state.tx.us.