Commissioner's Rules
Proposed Amendment to 19 TAC Chapter 101, Assessment, Subchapter CC, Commissioner's Rules Concerning Implementation of the Academic Content Areas Testing Program, Division 3, Security of Assessments, Required Test Administration Procedures and Training Activities, §101.3031, Required Test Administration Procedures and Training Activities to Ensure Validity, Reliability, and Security of Assessments
Attachments:
I. Statutory Citations (PDF)
II. Text of Proposed Amendment to 19 TAC Chapter 101, Assessment, Subchapter CC, Commissioner's Rules Concerning Implementation of the Academic Content Areas Testing Program, Division 3, Security of Assessments, Required Test Administration Procedures and Training Activities, §101.3031, Required Test Administration Procedures and Training Activities to Ensure Validity, Reliability, and Security of Assessments (including Figure: 19 TAC §101.3031(b)(2)) (PDF)
SUMMARY:
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 3, Security of Assessments, Required Test Administration Procedures and Training Activities, §101.3031, Required Test Administration Procedures and Training Activities to Ensure Validity, Reliability, and Security of Assessments. The proposed amendment would adopt the 2013 Test Security Supplement as part of the Texas Administrative Code. The earlier version of the security supplement will remain in effect with respect to the year for which it was developed.
STATUTORY AUTHORITY:
Texas Education Code (TEC), §39.0301 and §39.0304.
EARLIEST POSSIBLE DATE OF ADOPTION:
February 4, 2013.
PROPOSED EFFECTIVE DATE:
March 31, 2013.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
Through the adoption of 19 TAC §101.3031, effective March 26, 2012, the commissioner exercised rulemaking authority relating to the administration of assessment instruments adopted or developed under the TEC, §39.023, including procedures designed to ensure the security of the assessment instruments. The rule addresses purpose, administrative procedures, training activities, and records retention. As part of the administrative procedures, school districts and charter schools are required to comply with test security and confidentiality requirements delineated annually in test administration materials. Texas Education Agency (TEA) legal counsel has advised that procedures related to test security be adopted as part of the Texas Administrative Code.
The proposed amendment to 19 TAC §101.3031, Required Test Administration Procedures and Training Activities to Ensure Validity, Reliability, and Security of Assessments, would update the rule by adopting the 2013 Test Security Supplement. The 2013 Test Security Supplement describes the security procedures and guidelines that school districts and charter schools shall be required to follow.
The 2013 Test Security Supplement would incorporate language from 19 TAC §101.65, Penalties, which is proposed for repeal by the State Board of Education. The language addresses conduct that violates the security and confidentiality of a test and penalties for such violations.
The proposed amendment would also add language to specify that the security supplement adopted prior to 2013 will remain in effect with respect to that year.
FISCAL IMPACT:
The TEA has determined that there are no additional costs to persons or entities required to comply with the proposed amendment. 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 amendment would inform the public of the security procedures for the 2013 test administrations.
PROCEDURAL AND REPORTING IMPLICATIONS:
The proposed amendment would establish in rule the test security procedures outlined in the 2013 Test Security Supplement. Applicable procedures would be adopted each year as annual versions of the test security supplement are published.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
The proposed amendment would have no additional effect on the paperwork required and maintained by school districts and charter schools.
PUBLIC COMMENTS:
The public comment period on the proposal begins January 4, 2013, and ends February 4, 2013.
ALTERNATIVES:
None.
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 January 4, 2013.
Staff Members Responsible:
Criss Cloudt, Associate Commissioner, Assessment and Accountability
Gloria Zyskowski, Director, Student Assessment
For more information, email rules@tea.state.tx.us.