Commissioner's Rules
Adopted Repeal of 19 TAC Chapter 101, Assessment, Subchapter CC, Commissioner's Rules Concerning Implementation of the Academic Content Areas Testing Program, §101.3004, Performance Standards, and Adopted New 19 TAC Chapter 101, Assessment, Subchapter CC, Commissioner's Rules Concerning Implementation of the Academic Content Areas Testing Program, Division 4, Performance Standards, §101.3041, Performance Standards
Attachments:
I. Statutory Citations (PDF)
II. Text of Adopted Repeal of 19 TAC Chapter 101, Assessment, Subchapter CC, Commissioner's Rules Concerning Implementation of the Academic Content Areas Testing Program, §101.3004, Performance Standards (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, Division 4, Performance Standards, §101.3041, Performance Standards (including Figure: 19 TAC §101.3041(b) and Figure: 19 TAC §101.3041(c)) (PDF)
SUMMARY:
The rule actions presented in this item were 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 the Academic Content Areas Testing Program, §101.3004, Performance Standards, and new 19 TAC Chapter 101, Assessment, Subchapter CC, Commissioner's Rules Concerning Implementation of the Academic Content Areas Testing Program, Division 4, Performance Standards, §101.3041, Performance Standards. The adopted rule actions implement performance standards for the new assessments and 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. No changes were made to the rules since published as proposed.
STATUTORY AUTHORITY:
Texas Education Code (TEC), §39.0241 and §39.025.
EFFECTIVE DATE:
August 21, 2012.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
House Bill (HB) 3, 81st Texas Legislature, 2009, made significant changes to the Texas student assessment program, including the requirement that the commissioner of education determine the various performance levels for assessments. To enact the requirements of HB 3, the adopted rule actions repeal 19 TAC §101.3004 and add new 19 TAC §101.3041 to implement performance standards for the STAAR end-of-course (EOC) assessments and account for the phasing out of the Texas Assessment of Knowledge and Skills (TAKS) program.
Based on the TEC, §39.0241(a), adopted new 19 TAC §101.3041 specifies that responsibility for setting performance standards on all state-developed assessments belongs to the commissioner of education. Adopted new 19 TAC §101.3041 implements the phase-in of performance standards for the STAAR EOC assessments with Figure: 19 TAC §101.3041(b). The STAAR academic performance standards are the cut scores on the tests that identify student performance as falling in the following three levels:
- Level III: Advanced Academic Performance
- Level II: Satisfactory Academic Performance
- Level I: Unsatisfactory Academic Performance
A student is considered to have passed a given STAAR assessment if he or she earned a score at least as high as the cut score for Level II: Satisfactory Academic Performance. To receive a Texas diploma on the recommended high school program, a student is required to achieve the Level II performance standard on the Algebra II and English III EOC assessments.
A phase-in period will be implemented to provide school districts with time to improve instruction, provide additional professional development, increase teacher effectiveness, and close knowledge gaps. A four-year, two-step phase-in for Level II will be in place for all STAAR EOC assessments as follows:
- Phase-in standard 1 for the Level II standard: the standard for students first testing in a content area in 2012 and 2013
- Phase-in standard 2 for the Level II standard: the standard for students first testing in a content area in 2014 and 2015
- Recommended Level II standard: the standard for students first testing in a content area in 2016 and beyond
To receive a Texas diploma on the distinguished achievement high school program, a student is required to achieve the Level III performance standard on the Algebra II and English III EOC assessments.
The Level III standard for STAAR Algebra II, English III reading, and English III writing will have a two-year, one-step phase-in for the Level III performance level as follows:
- Phase-in standard 1 for Level III: the Level III standard for students first testing in a content area in 2012 and 2013
- Recommended Level III standard: the Level III standard for students first testing in a content area in 2014 and beyond
Per legislative requirements, the performance standards will be reviewed at least once every three years. During standards review, additional impact and validity study data will be examined, including data from longitudinal studies and studies evaluating the relationship between performance on the STAAR assessments and success in military service or workforce training, certification, or other credential programs. This ongoing review process will provide additional information to verify whether the established performance standards are appropriate or should be adjusted.
The minimum score requirement specified by the TEC, §39.025(a), is not considered a performance standard and is only relevant to STAAR EOC assessments. A student taking a STAAR EOC assessment must reach or exceed the minimum score, which is below the Level II standard, in order for the student to count his or her score in the cumulative score calculation required for graduation. The minimum score will vary by EOC assessment and will fall below the cut point dividing the Level I performance standard from the Level II standard.
Unlike the EOC student performance standards that were set based on recommendations from standard setting committees and research that established links between performance on STAAR and performance on other assessments, minimum scores were determined statistically for each STAAR EOC assessment based on the scale scores required to achieve Level II.
Adopted new 19 TAC §101.3041 also keeps the scale score standards for Grade 10 and exit level TAKS for 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 and removes the Grades 3-8 TAKS assessment standards. The scale score standards for Grade 10 and exit level TAKS are reflected in Figure: 19 TAC §101.3041(c). Grade 3-8 STAAR standards will be set in the fall of 2012.
Additionally, the adopted repeal and new rule will complete the reorganization of 19 TAC Chapter 101, Subchapter CC, due to the implementation of the STAAR program. No changes were made to the rules or figures 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 implement the performance standards for the STAAR EOCs and maintain the performance standards for the TAKS Grade 10 and exit-level assessments, 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 on the adopted rule began June 15, 2012, and ended July 16, 2012. No public comments were received.
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.