Commissioner's Rules
Adopted Amendments to 19 TAC Chapter 101, Assessment, Subchapter BB, Commissioner's Rules Concerning Grade Advancement and Accelerated Instruction
Attachments:
I. Statutory Citations (PDF)
II. Text of Adopted Amendments to 19 TAC Chapter 101, Assessment, Subchapter BB, Commissioner's Rules Concerning Grade Advancement and Accelerated Instruction (PDF)
SUMMARY:
The rule action presented in this item was filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts amendments to 19 TAC Chapter 101, Assessment, Subchapter BB, Commissioner's Rules Concerning Grade Advancement and Accelerated Instruction, §101.2001, Policy, §101.2003, Grade Advancement Testing Requirements, §101.2006, Accelerated Instruction, §101.2011, Alternate Assessment, and §101.2017, Scoring and Reporting. The adopted amendments establish new accelerated instruction requirements for students failing any test under the State of Texas Assessments of Academic Readiness (STAAR) program. The amendments also clarify exceptions to Student Success Initiative (SSI) grade promotion requirements for Grades 5 and 8 in the event a student is administered an assessment that is intended for use above the student's enrolled grade. The adopted changes are effective with the implementation of the STAAR program in the 2011-2012 school year. The Student Success Initiative grade promotion requirements as related to the STAAR will begin with the 2012-2013 school year. No changes were made to the rules since published as proposed.
STATUTORY AUTHORITY:
Texas Education Code (TEC), §28.021, as amended by House Bill (HB) 2135, Section 1, 82nd Texas Legislature, 2011; §28.0211, as amended by HB 2135, Section 2, 82nd Texas Legislature, 2011; §28.0213; §39.023, as amended by HB 2135, Section 3, 82nd Texas Legislature, 2011; and §39.025(b-1).
EFFECTIVE DATE:
June 4, 2012.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
HB 2135, 82nd Texas Legislature, 2011, adds the TEC, §39.023(a-2), to remove the requirement that a student in Grades 3-8 be assessed with a grade-level assessment instrument listed under the TEC, §39.023(a), under certain circumstances.
As added by Section 2 of HB 2135, the TEC, §28.0211(o), states that a Grade 5 or Grade 8 student is not required to be administered the corresponding Student Success Initiative (SSI) assessment if the student is enrolled in either: 1) a course in the subject for which the student receives high school academic credit and will be administered an end-of-course (EOC) assessment adopted under the TEC, §39.023(c), for the subject; or 2) a course in the subject intended for students above the student's grade level and will be administered an assessment instrument adopted under the TEC, §39.023(a), that aligns with the curriculum for the course in which the student is receiving instruction.
Section 2 of HB 2135 also adds the TEC, §28.0211(p), which prohibits a student subject to SSI grade promotion requirements from being denied promotion on the basis of a performance result on a Grade 5 or Grade 8 mathematics or reading assessment if a student is taking an above-grade level assessment. When determining promotion, a district is to consider a student's test score on an assessment instrument listed under the TEC, §39.023(a), (b), or (l), only if the assessments under those sections are required to be administered.
The TEC, §28.0213, requires that a school district offer an intensive program of instruction to a student who does not perform satisfactorily on an assessment instrument administered under the TEC, Chapter 39, Subchapter B.
The TEC, §39.025(b-1), requires that a school district provide accelerated instruction to a student who does not perform satisfactorily on an EOC assessment as determined by the commissioner of education in addition to the current accelerated instruction requirements in the TEC, §28.0211(a-1), for Grades 3-8 assessments.
To implement changes made by HB 2135 and to account for the accelerated instruction requirement of the TEC, §39.025(b-1), the adopted amendments to 19 TAC Chapter 101, Subchapter BB, include the following.
Section 101.2001, Policy, is amended to add an exception by specifying that a Grade 5 or Grade 8 student testing above grade level in reading or mathematics is not subject to the SSI assessment grade promotion requirement. This section is further modified to clarify accelerated instruction requirements for students regardless of grade level in compliance with the TEC, §39.025(b-1) and §28.0211(a-1).
Section 101.2003, Grade Advancement Testing Requirements, is amended to add language to indicate that a Grade 5 or Grade 8 student testing above grade level in mathematics or reading is not subject to the SSI assessment grade promotion requirement. This section is further modified to make conforming changes to align this section with existing rules under 19 TAC Chapter 101, Subchapter AA, Commissioner's Rules Concerning the Participation of English Language Learners in State Assessments.
Section 101.2006, Accelerated Instruction, is modified to require that accelerated instruction will be provided to a student not performing satisfactorily on an assessment instrument under the TEC, §39.023(a), (b), or (c). A conforming change is also made to subsection (e) since a Grade 5 or Grade 8 student is not required to be administered an SSI assessment if the student meets the requirements of the TEC, §28.0211(o).
Section 101.2011, Alternative Assessment, is amended to state that a list of alternate group-administered assessments shall be provided by the commissioner if such assessments are available.
Section 101.2017, Scoring and Reporting, is amended to remove the requirement that school districts and charter schools report specific information to the Texas Education Agency (TEA), as the TEC, §39.051(b)(7), was repealed by HB 3, 81st Texas Legislature, 2009.
Other conforming and technical changes relating to word usage and punctuation are adopted throughout the sections. No changes were made to the rules since published as proposed.
FISCAL IMPACT:
The TEA 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 inform the public of the SSI assessment and accelerated instruction requirements for Texas students.
PROCEDURAL AND REPORTING IMPLICATIONS:
The adoption will establish in rule changes made to conform with HB 2135, 82nd Texas Legislature, 2011, and to existing TEC, including the removal of the requirement that school districts and charter schools report specific information to the TEA related to accelerated instruction and promotion of students who fail to perform satisfactorily on required assessment instruments.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
The adopted rule actions have no additional effect on the paperwork required and maintained by school districts and charter schools.
PUBLIC COMMENTS:
The public comment period began March 9, 2012, and ended April 9, 2012. Following is a summary of the public comment received and the corresponding agency response regarding the proposed amendments to 19 TAC Chapter 101, Assessment, Subchapter BB, Commissioner's Rules Concerning Grade Advancement and Accelerated Instruction.
Comment: An educator commented that the requirement of the TEC, §28.0211(c), that accelerated instruction groups shall not exceed a student-teacher ratio of 10 to 1 will be financially burdensome for school districts given present budgetary constraints.
Agency Response: The agency provides the following clarification. Statute requires the 10:1 ratio for accelerated instruction only for students required to be provided accelerated instruction under the TEC, §28.0211.
There is no required limit of students-to-teachers for the mandated accelerated instruction of the TEC, §39.025(b-1), if a student fails to perform satisfactorily on an EOC assessment.
ALTERNATIVES:
None.
OTHER COMMENTS AND RELATED ISSUES:
None.
Staff Members Responsible:
Criss Cloudt, Associate Commissioner, Assessment and Accountability
Gloria Zyskowski, Division Director, Student Assessment
For more information, email rules@tea.state.tx.us.