Commissioner's Rules
Adopted Repeal of 19 TAC Chapter 101, Assessment, Subchapter CC, Commissioner's Rules Concerning Implementation of Testing Program, §101.3001 and §101.3003, and Adopted New 19 TAC Chapter 101, Assessment, Subchapter CC, Commissioner's Rules Concerning Implementation of the Academic Content Areas Testing Program, §§101.3011, 101.3021, 101.3022, 101.3023, and 101.3024
Attachments:
I. Statutory Citations (PDF)
II. Text of Adopted Repeal of 19 TAC Chapter 101, Assessment, Subchapter CC, Commissioner's Rules Concerning Implementation of Testing Program, §101.3001, Implementation of Assessment Instruments, and §101.3003, Assessment Requirements for Graduation (PDF)
III. Text of Adopted New 19 TAC Chapter 101, Assessment, Subchapter CC, Commissioner's Rules Concerning Implementation of the Academic Content Areas Testing Program, §101.3011, Implementation and Administration of Academic Content Area Assessment Instruments, §101.3021, Required Participation in Academic Content Area Assessments and Course Grading, §101.3022, Assessment and Cumulative Score Requirements for the Minimum, Recommended, and Distinguished Achievement High School Programs, §101.3023, Participation, Graduation Assessment, and Cumulative Score Requirements for Students Receiving Special Education Services, and §101.3024, Assessment Requirements for Students First Enrolled in Grade 9 Prior to 2011-2012 School Year or First Enrolled in Grade 10 or Above in 2011-2012 School Year (PDF)
SUMMARY:
The rule actions presented in this item was 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 CC, Commissioner's Rules Concerning Implementation of Testing Program, §101.3001, Implementation of Assessment Instruments, and §101.3003, Assessment Requirements for Graduation, and new 19 TAC Chapter 101, Assessment, Subchapter CC, Commissioner's Rules Concerning Implementation of the Academic Content Areas Testing Program, §101.3011, Implementation and Administration of Academic Content Area Assessment Instruments, §101.3021, Required Participation in Academic Content Area Assessments and Course Grading, §101.3022, Assessment and Cumulative Score Requirements for the Minimum, Recommended, and Distinguished Achievement High School Programs, §101.3023, Participation, Graduation Assessment, and Cumulative Score Requirements for Students Receiving Special Education Services, and §101.3024, Assessment Requirements for Students First Enrolled in Grade 9 Prior to 2011-2012 School Year or First Enrolled in Grade 10 or Above in 2011-2012 School Year. 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 and 2012-2013 school years. No changes were made to the rules since published as proposed.
STATUTORY AUTHORITY:
Texas Education Code (TEC), §39.023 and §39.025.
EFFECTIVE DATE:
May 29, 2012.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
The adopted repeal of 19 TAC Chapter 101, Subchapter CC, §101.3001 and §101.3003, and new 19 TAC Chapter 101, Subchapter CC, §§101.3011 and 101.3021-101.3024, 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, the STAAR will be administered statewide to students in Grades 3-8 and to students first entering Grade 9.
Adopted new §101.3011, Implementation and Administration of Academic Content Area Assessment Instruments, retains provisions from repealed rule, §101.3001, for the implementation of the TEC, §39.023(a), (b), (c), (l), and any further testing required due to federal law. The new rule also includes provisions that allow the continued use of the Texas Assessment of Knowledge and Skills (TAKS) in Grades 10 and 11 and provisions for making available certain assessments in an alternative form. In addition, the adopted new rule specifies that the implementation date for the 15% course grade requirement begins in the 2012-2013 school year.
Adopted new §101.3021, Required Participation in Academic Content Area Assessments and Course Grading, stipulates that a student first entering Grade 9 in the 2011-2012 school year or thereafter shall be required to meet the end-of-course (EOC) requirements in the TEC, §39.025. Districts are required to institute a policy where a result on the applicable EOC assessment shall account for 15% of a student's final course grade beginning in the 2012-2013 school year. The new rule also addresses the following requirements.
To receive a Texas diploma, a student receiving high school course credit through credit by examination or by participating in a dual-credit course or distance-learning course must still meet the EOC assessment requirements for the student's high school graduation program.
A student receiving course credit by participation in a dual-credit or distance-learning course, or through an advanced placement or International Baccalaureate course, is subject to the 15% course grade requirement beginning in the 2012-2013 school year.
Students are not subject to the 15% course grade requirement if course credit is received through credit by examination. The 15% course grade requirement does not apply for certain eligible English language learners and students receiving special education services who take an alternate or modified form of an EOC assessment.
Adopted new §101.3021 also specifies those students who are not required to take certain EOC assessments due to completion of a course for high school credit prior to the 2011-2012 spring administration for a course for which an EOC assessment would normally apply.
Adopted new §101.3022, Assessment and Cumulative Score Requirements for the Minimum, Recommended, and Distinguished Achievement High School Programs, specifies the assessment and cumulative score requirements for the Texas diploma high school programs. New §101.3022 pertains to the minimum high school program (MHSP), the recommended high school program (RHSP), and the distinguished achievement high school program (DAP). If a student on the MHSP is enrolled in a course that is not specified by the curriculum requirements as listed in 19 TAC Chapter 74 for the MHSP program, the student's score on the EOC assessment for that course may count toward the cumulative score requirement for the content area at the student's discretion. Students on the RHSP and DAP must take all 12 EOC assessments to receive a Texas diploma. Further, students on the RHSP must also achieve satisfactory performance on Algebra II and English III EOC assessments, and students on the DAP must achieve the advanced standard on Algebra II and English III EOC assessments. The standard in place when a student first takes an EOC assessment is the standard that will be maintained throughout the student's school career for that content area.
Adopted new §101.3023, Participation, Graduation Assessment, and Cumulative Score Requirements for Students Receiving Special Education Services, specifies the following.
The admission, review, and dismissal (ARD) committee shall determine if a student receiving special education services will need to meet satisfactory performance on an EOC assessment and the cumulative score requirements for purposes of graduation.
Beginning with the 2011-2012 school year, all Grades 9-12 students with significant cognitive disabilities who are assessed with an alternate assessment as specified in the student's individualized education program (IEP) will be assessed using alternate versions of EOC assessments.
A student who is receiving special education services and who is first enrolled in Grade 9 or below in the 2011-2012 school year will be administered a modified version of an EOC assessment instrument as required by the student's IEP.
If a student who is receiving special education services is administered an alternate or modified form of an EOC assessment, the 15% course grade requirement of the TEC, §39.023(c), will not apply and a cumulative score will not be reported for alternative or modified assessments.
If a student receiving special education services is enrolled in a course for which there is an EOC assessment but no corresponding modified or alternate version of that assessment, the student is not required to take an assessment for that course. However, if a student who is receiving special education services is administered a general education EOC assessment as listed in the TEC, §39.023(c), the 15% course grade requirement will apply beginning in the 2012-2013 school year and a cumulative score will be reported for the student.
Adopted new §101.3024, Assessment Requirements for Students First Enrolled in Grade 9 Prior to 2011-2012 School Year or First Enrolled in Grade 10 or Above in 2011-2012 School Year, retains provisions from repealed rule, §101.3003, to specify the assessment graduation requirements needed to achieve a Texas high school diploma. The new rule also specifies that the TAKS-Modified assessments will continue to be the assessment requirement for a student receiving special education services who is enrolled above Grade 9 in the 2011-2012 school year and for whom an IEP specifies that the student will take a modified version of an assessment.
No changes were made to the rules since published as proposed.
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 assessment provisions to receive a Texas high school diploma to guide school districts in the administration of the STAAR and TAKS programs, as required by the TEC, 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 effect on the paperwork required and maintained by school districts, language proficiency assessment committees, and/or ARD committees in making and tracking assessment and accommodation decisions for Texas students.
PUBLIC COMMENTS:
The public comment period began March 2, 2012, and ended April 2, 2012. Following is a summary of the public comments received and the corresponding agency responses regarding proposed new 19 TAC Chapter 101, Assessment, Subchapter CC, Commissioner's Rules Concerning Implementation of the Academic Content Areas Testing Program.
Comment: The Texas Classroom Teachers Association (TCTA) commented that rule language in §101.3011(f) and §101.3021(d) is unclear about whether districts are required to count the applicable EOC for 15% of the course grade for the 2011-2012 school year for students in Grade 8 or lower taking a high school course for credit.
Agency Response: The agency disagrees. Section 101.3011(f) states that the 15% course grade requirement specified in §101.3021 (relating to Required Participation in Academic Content Area Assessments and Course Grading) and §101.3023 (relating to Participation, Graduation Assessment, and Cumulative Score Requirements for Students Receiving Special Education Services) shall be implemented by school districts beginning in the 2012-2013 school year. The one-year suspension of the 15% course grade requirement extends to all students taking an EOC assessment.
Comment: An individual asked whether the entering class of 2015 will be required to take the EOC and the advanced placement (AP) test for the same course to receive a Texas diploma on the distinguished achievement high school program.
Agency Response: The agency provides the following clarification. The graduation requirements for the entering class of 2015, including any requirements to receive a diploma on the distinguished achievement high school program, will most likely be similar to the graduation requirements for the entering class of 2012. As required by the Texas Education Code, §39.025(a-1), the agency does plan to conduct a study in 2013-2014 to determine a link between the state-developed EOC assessments and the AP, International Baccalaureate, and other advanced assessments. If a link is established between those assessments and the STAAR EOCs, substitution of an EOC by an approved assessment would be allowed in order to meet the state's assessment graduation requirements.
Comment: An educator from Tuloso-Midway High School made several observations concerning the English I EOC. The commenter stated that expecting English language learners (ELLs) to pass English I if they have only been in the U.S. a few years is unrealistic given the time needed to become proficient in a second language. The commenter also stated, regarding course grading, that it is impractical to expect a 9th grade student to realize the importance of passing an assessment for graduation purposes. The commenter expressed agreement with the one-year waiver for the 15% course grade requirement and recommended that the 15% rule be eliminated completely or modified to fit the various scheduling needs of Texas schools, including year-round schools.
Agency Response: For the ELL testing requirements, the agency acknowledges the varying views about the amount of English students should possess to reasonably engage in state assessments in English. The agency does not agree that students must have a certain level of English language proficiency before taking an assessment as long as appropriate uses are made of the test scores. Knowing how ELLs perform on the STAAR assessments, even ELLs who are new to the U.S. and appear to know very little English, provides baseline data from which to set progress targets and monitor growth. For the English I and II EOC assessments, certain allowances for course grading, cumulative scoring, and retesting as specified under 19 TAC §101.1007 (relating to Assessment Provisions for Graduation) are made for ELLs who have been in U.S. schools three years or less (five years or less if a qualifying unschooled asylee or refugee) and who have not yet demonstrated English language proficiency in reading on the Texas English Language Proficiency Assessment System.
Per the state's graduation requirements, with passage of Senate Bill 1031, 80th Texas Legislature, 2007, the Texas Education Code requires that, in order to receive a Texas diploma, students must take 12 EOC assessments beginning in Grade 9 and achieve a cumulative score indicating satisfactory performance in four content areas (English language arts, mathematics, science, social studies). The agency does not have the legal authority to modify these requirements.
For the 15% course grade requirement, the agency does not have the authority to eliminate this provision. The agency is also statutorily constrained in when it can administer the state EOC assessments, which impacts the reporting of results to districts. Since most spring EOC testing cannot begin until the first full week in May, reporting cannot occur before the end of May or the first weeks of June. The agency is aware of district concerns and will continue to explore methods to report results to districts as quickly as possible.
Comment: An individual asked if the 15% course grade requirement will apply to all high school students (except special education students and some ELL students) starting in the 2012-2013 school year. The individual also requested clarification concerning whether students first enrolled in Grade 9 prior to the 2011-2012 school year or enrolled in Grade 10 or above in the 2011-2012 school year are required to pass the exit-level TAKS to receive a Texas diploma, and if the EOC assessments will affect final course grades for those students whose assessment graduation requirement is TAKS.
Agency Response: The agency provides the following clarification. The 15% course grade requirement will only apply to students first entering Grade 9 in the 2011-2012 school year or thereafter. Since a student who first enrolled in Grade 9 prior to the 2011-2012 school year or enrolled in Grade 10 or above in the 2011-2012 school year must meet the TAKS assessment graduation requirements, those students will not be administered a STAAR EOC for a course in which they are enrolled and will not receive a score that can be applied to a course grade.
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.