Proposed Revisions to 19 TAC Chapter 101, Assessment, Subchapter A, General Provisions, and Subchapter B, Development and Administration of Tests
(Second Reading and Final Adoption)
November 20, 2009
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption proposed revisions to 19 TAC Chapter 101, Assessment, Subchapter A, General Provisions, and Subchapter B, Development and Administration of Tests. The proposed revisions would implement House Bill (HB) 3, 81st Texas Legislature, 2009, which requires conforming changes to State Board of Education (SBOE) assessment rules relating to requirements for student testing, graduation, grade advancement, remediation, release of tests, performance standards, and private school administration of state tests. No additional changes are recommended since approved for first reading.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§28.0211, 39.023, 39.0241, 39.027, and 39.033, as amended and added by HB 3, 81st Texas Legislature, 2009.
EFFECTIVE DATE: The proposed effective date of the proposed revisions to 19 TAC Chapter 101, Subchapters A and B, is 20 days after filing as adopted with the Texas Register. The proposed effective date for the repeal of 19 TAC §101.23 would also be coordinated with the adoption of commissioner's rules relating to state assessment performance standards. Under the TEC, §7.102(f), the SBOE must approve the rule action at second reading and final adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2010-2011 school year in order to ensure the rules are consistent with amended statute prior to the beginning of statewide testing in spring 2010.
PREVIOUS BOARD ACTION: The SBOE adopted rules in 19 TAC Chapter 101, Subchapters A-E, to be effective November 15, 2001. In Subchapter A, §§101.5, 101.7, 101.9, and 101.11 were amended to be effective March 23, 2005. In Subchapter B, §101.23 was last amended to be effective September 1, 2009. Section 101.31 has not been amended since adopted. Section 101.33 was last amended to be effective October 12, 2008. The proposed revisions to 19 TAC Chapter 101, Subchapters A and B, were approved for first reading and filing authorization at the September 2009 SBOE meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: In June 2009, the 81st Texas Legislature enacted HB 3, which made significant changes to the Texas student assessment program. These legislative changes include:
- restricting the administration of the Texas Assessment of Knowledge and Skills (TAKS) assessments in Spanish to eligible students of limited English proficiency in Grades 3-5 instead of Grades 3-6;
- removing exemptions from statewide testing that are no longer allowed under state and federal law for certain students served by special education;
- specifying that the Texas Education Agency (TEA) is no longer required to develop TAKS study guides;
- excluding from release assessments administered for the purpose of retesting;
- revising the Student Success Initiative (SSI) requirements, including the removal of the automatic grade level retention provision for students in Grade 3 who do not meet the TAKS reading assessment standard; and
- requiring the commissioner of education to determine satisfactory performance levels for assessment instruments.
These changes in statute require the amendment and repeal of SBOE rules in 19 TAC Chapter 101. In addition, other technical and conforming changes are required to align the SBOE rules in 19 TAC Chapter 101 with state and federal law. Some of these changes stem from the enactment of HB 3, while others were identified during the statutorily required four-year rule review of 19 TAC Chapter 101 adopted by the SBOE in March 2009. The proposed revisions to 19 TAC Chapter 101, Subchapters A and B, (shown in Attachment II) include the following.
Section 101.5, Student Testing Requirements, would be amended to limit the administration of the TAKS assessments in Spanish to eligible students of limited English proficiency in Grades 3-5. Other technical changes would be made to align the rule with state and federal law.
Section 101.7, Testing Requirements for Graduation, would be amended to reference state assessment performance standards determined by the commissioner of education. HB 3 transfers the statutory authority to set the standards from the SBOE to the commissioner of education.
Section 101.9, Grade Advancement Requirements, would be amended to reflect new SSI requirements, including the removal of the automatic grade level retention provision for students in Grade 3 who do not meet the TAKS reading assessment standard.
Section 101.11, Remediation, would be amended to specify that the TEA is no longer required to develop TAKS study guides and to reference a new remediation requirement in HB 3 for students in Grades 3-8 who fail any TAKS assessment.
Section 101.23, Performance Standards, would be repealed because HB 3 transfers the authority to set state assessment performance standards from the SBOE to the commissioner of education.
Section 101.31, Private Schools, would be amended to incorporate technical changes due to the enactment of HB 3.
Section 101.33, Release of Tests, would be amended to reflect the exclusion from release of assessments administered for the purpose of retesting.
No additional changes are recommended since approved for first reading.
FISCAL IMPACT: The TEA has determined that there would be fiscal implications for the state as a result of the proposed rule actions. Eliminating the requirement for the TEA to release test items and answers from assessments administered for the purpose of retesting would result in a savings of approximately $200,000 each year for fiscal years 2010-2014.
Eliminating the administration of the Spanish-version TAKS assessments in Grade 6 to eligible students of limited English proficiency would result in an estimated annual savings of $250,000 for fiscal years 2010-2014.
The elimination of the second and third administrations of the TAKS Grade 3 reading assessment would result in an estimated annual savings of $550,000 for fiscal years 2010-2014.
In fiscal years 2010-2014, not developing the study guides could result in an estimated savings of $13.4 million per fiscal year.
The TEA has determined that there will be some administrative savings for school districts and charter schools because of reduced testing. The amount of savings to school districts and charter schools is unknown.
The TEA has determined that there are no additional costs to persons 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 rules to reflect new assessment requirements in statute and to help ensure that these requirements are clearly defined for students, school districts, and the public.
PROCEDURAL AND REPORTING IMPLICATIONS: Eliminating the Spanish Grade 6 TAKS would remove all reporting and procedural requirements for the TEA that are directly associated with these assessments.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed revisions would have no new locally maintained paperwork requirements.
PUBLIC COMMENTS: Following the September 2009 SBOE meeting, notice of the proposed revisions to 19 TAC Chapter 101, Subchapters A and B, was filed with the Texas Register initiating the official public comment period. No comments had been received at the time this item was prepared. A summary of any public comments received and corresponding agency responses regarding the proposal will be provided to the SBOE during the November 2009 meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
By an affirmative vote of two-thirds of the members of the board, approve for second reading and final adoption the proposed revisions to 19 TAC Chapter 101, Assessment, Subchapter A, General Provisions, and Subchapter B, Development and Administration of Tests, with an effective date of 20 days after filing as adopted with the Texas Register.
Respectfully submitted,
Robert Scott
Commissioner of Education
Staff Members Responsible: Criss Cloudt, Associate Commissioner
Assessment, Accountability, and Data Quality
Gloria Zyskowski, Deputy Associate Commissioner
Student Assessment
Attachments: I. Statutory Citations
II. Text of Proposed Revisions to 19 TAC Chapter 101, Assessment, Subchapter A, General Provisions, and Subchapter B, Development and Administration of Tests