Proposed Revisions to 19 TAC Chapter 101, Assessment, Subchapter CC, Commissioner's Rules Concerning Implementation of the Academic Content Areas Testing Program, Division 1, Implementation of Assessment Instruments
I. Statutory Citations (PDF)
II. Text of Proposed Revisions to 19 TAC Chapter 101, Assessment, Subchapter CC, Commissioner's Rules Concerning Implementation of the Academic Content Areas Testing Program, Division 1, Implementation of Assessment Instruments (PDF)
The rule action presented in this item was filed as proposed with the Texas Register under the commissioner's rulemaking authority. This item proposes an amendment to 19 TAC Chapter 101, Assessment, Subchapter CC, Commissioner's Rules Concerning Implementation of the Academic Content Areas Testing Program, Division 1, Implementation of Assessment Instruments, §101.3011, Implementation and Administration of Academic Content Area Assessment Instruments, and new §101.3012, Parent Notification; §101.3013, Accommodations; §101.3014, Scoring and Reporting; §101.3015, Test Development; and §101.3016, National Comparative Data. The proposed amendment to §101.3011 would clarify legislatively required changes to the state assessment program with the implementation of the State of Texas Assessments of Academic Readiness (STAAR) program. Additionally, the proposed amendment to §101.3011 would defer the implementation of the 15% course grade requirement specified in the Texas Education Code (TEC), §39.023(c), from the 2012-2013 school year to the 2013-2014 school year. Proposed new §§101.3012-101.3016 would reflect changes to 19 TAC Chapter 101, Assessment, due to statute granting rulemaking authority over the assessment program to the commissioner of education by the Texas Legislature as necessary.
TEC, §§7.021, 28.0211, 39.023, 39.0231, 39.025, 39.028, and 39.030.
EARLIEST POSSIBLE DATE OF ADOPTION:
January 14, 2013.
PROPOSED EFFECTIVE DATE:
March 7, 2013.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
In November 2012, the Texas Education Agency (TEA) presented for first reading to the State Board of Education (SBOE) a series of revisions to 19 TAC Chapter 101, Assessment, Subchapters A-E. The revisions would align SBOE rules in 19 TAC Chapter 101 with the TEC as the Texas Legislature granted rulemaking authority over the assessment program to the commissioner of education to implement the TEC, §§28.0211, 39.023, and 39.025. The revisions would also ensure a clear delineation between SBOE and commissioner authority over the assessment program as clarified by the OAG Opinion No: JC-0478. Proposed revisions to 19 TAC Chapter 101, Assessment, Subchapters A-E, will be presented for second reading and final authorization at the January 2013 SBOE meeting.
In response to the SBOE rules revisions, the proposed commissioner rule actions would replace repealed SBOE rules where necessary. An additional amendment is also proposed to clarify assessment participation for students in Grades 3-8 who test above their enrolled grade level.
The proposed amendment to §101.3011, Implementation and Administration of Academic Content Area Assessment Instruments, would specify that a Grade 3-8 student will not participate in a grade-level assessment if the student is enrolled in a course or subject intended for students in a higher grade or is taking a course for high school credit and will be administered an assessment for that course or subject. The proposed amendment would also state that:
- a student is eligible to take an assessment instrument above his or her grade level only if the student is receiving instruction in the entire curriculum for that subject; and
- as specified by the TEC, §28.0211(p), a Grade 5 or 8 student being assessed above the enrolled grade in a subject may not be denied promotion on the basis of failure to perform satisfactorily on an assessment instrument above the student's grade level.
As allowed by the TEC, §39.025(f), §101.3011 would also be amended consistent with a concurrent amendment to the House Bill (HB) 3 Transition Plan to specify that the implementation date for the 15% course grade requirement begins in the 2013-2014 school year. This amendment to the HB 3 Transition Plan would defer the implementation of this provision for an additional year, but would not prohibit districts from including end-of-course (EOC) exams in a student's final course grade for the 2012-2013 school year should a district choose to do so.
Proposed new §101.3012, Parent Notification; §101.3013, Accommodations, §101.3014, Scoring and Reporting; §101.3015, Test Development; and §101.3016, National Comparative Data, would incorporate into commissioner's rules provisions being repealed from SBOE rules.
Proposed new §101.3012, Parent Notification, would retain provisions from SBOE rules for the required notification to students and parents of mandated assessments for grade promotion purposes, graduation, and any other state or federally required testing. The TEC, §39.025(f), requires the commissioner to adopt rules for the transition to EOC testing, including the requirement of the TEC, §39.025(g), that students be notified of their graduation requirements by the beginning of Grade 8. Further, Grades 5 and 8 assessment promotion requirements fall under the commissioner's rulemaking authority as specified by the TEC, §28.0211(k), including notification of grade promotion requirements. Any other requirements for parental/student notification of mandated assessments fall under the commissioner's general rulemaking authority over the assessment program.
Proposed new §101.3013, Accommodations, would retain provisions from SBOE rules related to accommodations. Though allowable assessment accommodations are currently covered in state-developed test administrator manuals, retained provisions from SBOE rules in commissioner rules would require districts to provide appropriate accommodations.
Proposed new §101.3014, Scoring and Reporting, would retain provisions from SBOE rules related to scoring and reporting as these requirements fall under the commissioner's general rulemaking authority to fully implement the assessment program. The proposed new rule would require the reporting of assessment results, with appropriate interpretations, to students and parents. Such reporting will be required to be in compliance with the confidentiality requirements of the TEC, §39.030. The proposed rule would also specify that the agency ensure the prompt reporting of the Grades 5 and 8 Student Success Initiative assessments required under the TEC, §28.0211.
Proposed new §101.3015, Test Development, would retain provisions from SBOE rules to require educator, campus, and district participation in the test development process. As specified by OAG Opinion No: JC-0478, test development requirements fall under the commissioner's general rulemaking authority to fully implement the assessment program, which includes construction of valid assessment instruments.
Proposed new §101.3016, National Comparative Data, would retain provisions from SBOE rules to analyze national comparative data. Authority for conducting nationally comparative data studies is given to the state's assessment program by the TEC, §39.028.
The Texas Education Agency has determined that there are no additional costs to persons or entities required to comply with the proposed 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 proposed revisions would update the Texas Administrative Code to reflect SBOE and commissioner responsibilities relating to the statewide assessment program and to help ensure that the assessment requirements are clearly defined for students, school districts, and the public. The proposed revisions would also clarify participation of Grades 3-8 students in grade-level assessments for those students taking an assessment above grade level and defer the implementation of the 15% course grade requirement to the 2013-2014 school year.
PROCEDURAL AND REPORTING IMPLICATIONS:
The proposed rule actions would have no procedural and reporting implications beyond those that apply to all Texas students with respect to implementation of the state's assessment program.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
As the majority of the proposed rules are currently implemented by the SBOE, the proposed rule actions would have minimal effect on the paperwork required and maintained by school districts, language proficiency assessment committees, and/or admission, review, and dismissal committees in making and tracking assessment and accommodation decisions for Texas students, parent notification, and test development.
The public comment period on the proposal begins December 14, 2012, and ends January 14, 2013.
OTHER COMMENTS AND RELATED ISSUES:
A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on December 14, 2012.
Staff Members Responsible:
Criss Cloudt, Associate Commissioner, Assessment and Accountability
Gloria Zyskowski, Division Director, Student Assessment