Commissioner's Rules
Adopted Repeal of 19 TAC Chapter 101, Assessment, Subchapter AA, Commissioner's Rules Concerning the Participation of Limited English Proficient Students in State Assessments, and Adopted New 19 TAC Chapter 101, Assessment, Subchapter AA, Commissioner's Rules Concerning the Participation of English Language Learners in State Assessments
Attachments:
I. Statutory Citations (PDF)
II. Text of Adopted Repeal of 19 TAC Chapter 101, Assessment, Subchapter AA, Commissioner's Rules Concerning the Participation of Limited English Proficient Students in State Assessments (PDF)
III. Text of Adopted New 19 TAC Chapter 101, Assessment, Subchapter AA, Commissioner's Rules Concerning the Participation of English Language Learners in State Assessments (PDF)
IV. Summary of Public Comments and Agency Responses
SUMMARY:
The rule actions presented in this item has been filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts the repeal of 19 TAC Chapter 101, Assessment, Subchapter AA, Commissioner's Rules Concerning the Participation of Limited English Proficient Students in State Assessments, and new 19 TAC Chapter 101, Assessment, Subchapter AA, Commissioner's Rules Concerning the Participation of English Language Learners in State Assessments. The adopted rule actions reflect changes to the state assessment program beginning with the implementation of the State of Texas Assessments of Academic Readiness (STAAR) in the 2011-2012 school year.
STATUTORY AUTHORITY:
Texas Education Code (TEC), §§39.023, 39.025, and 39.027.
EFFECTIVE DATE:
December 22, 2011.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
The adopted repeal of 19 TAC Chapter 101, Assessment, Subchapter AA, Commissioner's Rules Concerning the Participation of Limited English Proficient Students in State Assessments, and new 19 TAC Chapter 101, Assessment, Subchapter AA, Commissioner's Rules Concerning the Participation of English Language Learners in State Assessments, reflect the changes made to the state assessment program as a result of the implementation of the STAAR program. In the 2011-2012 school year, STAAR will be administered statewide to students in Grades 3-8 and to students first entering Grade 9.
The adopted rule actions include repealing existing rules and reorganizing the subchapter into two divisions, as follows.
Adopted new Division 1, Assessments of English Language Proficiency and Academic Content for English Language Learners, includes English language learner (ELL) assessment provisions for the new STAAR program and retains provisions from current rules for the ongoing state-administered English language proficiency assessments, the Texas English Language Proficiency Assessment System (TELPAS).
Adopted new §101.1001, Scope of Rules, defines which students are impacted by the provisions of Division 1.
Adopted new §101.1003, English Language Proficiency Assessments, specifies testing requirements for TELPAS. This new section continues current TELPAS participation provisions for ELLs, including ELLs who receive special education services, and outlines the roles of the language proficiency assessment committee (LPAC) and admission, review, and dismissal (ARD) committee in making TELPAS participation and accommodation decisions.
Adopted new §101.1005, Assessments of Achievement in Academic Content Areas and Courses, outlines the roles of the LPAC and ARD committees in making ELL participation and accommodation decisions for the STAAR program. The new rule delineates provisions for the participation of ELLs in STAAR assessments in English, STAAR assessments in Spanish, linguistically accommodated English versions of STAAR, and alternative STAAR assessments designed for eligible students who receive special education services. The new rule, which does not provide for exempting ELLs from STAAR assessments, ensures that academic performance data are available to evaluate the achievement, progress, and needs of all ELL students. New §101.1005(h) specifies that separate policies for including the academic performance of ELLs in state and federal accountability measures will take into account the unique second language acquisition developmental needs of this student population.
Adopted new §101.1005 includes the following three technical, non-substantive edits since published as proposed.
- Subsection (b) was revised to include more specific language to further clarify that the general form of the English-version assessment is to be used unless otherwise specified.
- Subsection (b)(3) was revised to delete the phrase "modified or" in relation to alternative achievement standards.
- Subsection (e) was revised to add new language to clarify the role of the LPAC in determining and documenting allowable testing accommodations for ELLs.
Adopted new §101.1007, Assessment Provisions for Graduation, makes allowances for eligible ELLs related to the use of English I and II STAAR end-of-course assessment scores in meeting high school graduation requirements. Adopted new §101.1007(b) specifies that an ELL enrolled in an English I or II course or an English for Speakers of Other Languages I or II course who meets specific eligibility criteria related to time in U.S. schools and level of English language proficiency is not required to:
- use the score on the applicable English I or II assessment as part of the cumulative score for graduation;
- have the assessment score count as 15% of the student's final grade in the course; or
- retake the assessment if the student passes the course but fails to achieve the minimum score on the assessment.
The commissioner's rulemaking authority for adopted new §101.1007 in the TEC, §39.027(a) and (e), permits the commissioner to consider assessment alternatives for ELLs who have had limited time to learn English and possibly limited prior schooling. The provisions of adopted new §101.1007 acknowledge the unique circumstances of a specific group of second language learners whose engagement with high school English I and II course material, due to their limited time in the U.S., depends on instructional scaffolding and linguistic accommodations and adaptations that cannot be provided during standardized English I and II end-of-course assessment administrations. These students will not be permitted exemptions from the English I and II assessments, as participation in these assessments gives them experience and provides information to educators that can be used to guide their instruction and ultimately prepare them for the English III end-of-course assessment. These provisions do, however, prevent eligible ELLs from retaking English I and II assessments repeatedly and from the consequences of inappropriately applying standardized test scores to their course grades. During the time these students are taking English I and English II and functioning at the inherent stages of learning a new language, they can be expected to perform unsatisfactorily on standardized tests though they may meet course requirements with appropriately scaffolded and accommodated instruction. For this unique group of students, the provisions in new §101.1007 enable determinations about readiness to graduate from Texas high schools to be based, with regard to the English language arts discipline, on the level of English acquisition and associated language arts knowledge and skills the students demonstrate on the culminating English III assessment.
Adopted new Division 2, Grade 10 and Exit-Level Assessments for Certain English Language Learners, addresses the participation of ELLs in the Texas Assessment of Knowledge and Skills (TAKS) tests that remain in effect for high school students who entered Grade 9 prior to the 2011-2012 school year. The new rules specify the ELLs for whom TAKS is the required assessment program and reinstate the applicable provisions from the repealed rules. The adopted new rules in Division 2 apply only to students for whom TAKS is the graduation requirement and only to the administration of Grade 10 and exit-level TAKS assessments. No substantive changes were made to provisions retained in new §101.1023, English Language Learners at the Exit Level, and §101.1025, English Language Learners in Grade 10.
In addition, the title of Subchapter AA is changed from "Commissioner's Rules Concerning the Participation of Limited English Proficient Students in State Assessments" to "Commissioner's Rules Concerning the Participation of English Language Learners in State Assessments."
FISCAL IMPACT:
The Texas Education Agency has determined that there are no additional costs to persons or entities required to comply with the rule actions. 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 rule actions outline ELL assessment provisions to guide school districts in the administration of the STAAR and TAKS programs, as required by the Texas Education Code, Chapter 39.
PROCEDURAL AND REPORTING IMPLICATIONS:
The adopted rule actions have no procedural and reporting implications beyond those that apply to all Texas students with respect to implementation of the new STAAR program.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
The adopted rule actions have minimal, if any, effect on the paperwork required and maintained by the LPAC and/or ARD committee in making assessment and accommodation decisions for ELLs.
PUBLIC COMMENTS:
The public comment period began September 30, 2011, and ended October 31, 2011. Attachment IV reflects a summary of the public comments and corresponding agency responses regarding the proposed repeal of 19 TAC Chapter 101, Assessment, Subchapter AA, Commissioner's Rules Concerning the Participation of Limited English Proficient Students in State Assessments, and new 19 TAC Chapter 101, Assessment, Subchapter AA, Commissioner's Rules Concerning the Participation of English Language Learners in State Assessments.
ALTERNATIVES:
None.
OTHER COMMENTS AND RELATED ISSUES:
None.
Staff Members Responsible:
Criss Cloudt, Associate Commissioner, Assessment and Accountability
Gloria Zyskowski, Director, Student Assessment
For additional information, email rules@tea.state.tx.us.