Proposed Amendment to 19 TAC Chapter 101, Assessment,
Subchapter E, Local Option, §101.101, Group-Administered Tests
(First Reading and Filing Authorization)
January 15, 2010
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for first reading and filing authorization proposed amendment to 19 TAC Chapter 101, Assessment, Subchapter E, Local Option, §101.101, Group-Administered Tests. The proposed amendment would implement Senate Bill (SB) 759, 81st Texas Legislature, 2009, which amended the Texas Education Code (TEC), §39.032, Assessment Instrument Standards; Civil Penalty.
STATUTORY AUTHORITY: TEC, §39.032, as amended by SB 759, 81st Texas Legislature, 2009.
EFFECTIVE DATE: The proposed effective date of the proposed amendment to 19 TAC §101.101 is 20 days after filing as adopted with the Texas Register. Under TEC, §7.102(f), the State Board of Education (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. The earlier effective date is necessary to allow the implementation of revisions to 19 TAC §101.101 during the 2009-2010 school year.
PREVIOUS BOARD ACTION: The SBOE adopted 19 TAC §101.101 to be effective November 15, 2001. Section 101.101 was amended to be effective December 7, 2003.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: In 2009, through the enactment of SB 759, the 81st Texas Legislature amended the TEC, §39.032, which governs the use of district-commissioned group-administered achievement tests. The amended statute allows the sale and use of the same form of an assessment instrument for a maximum of eight years, instead of the current six-year limit. Further, for purposes of renorming a test, the eight-year limit on norms does not apply if at the end of eight years there are not sufficient data to update the sample. Finally, the amended statute no longer requires a company or organization that scores the assessment instrument to report the results by campus and district and in comparison to state and national averages to the district and to the agency, nor does it hold the company or organization civilly liable for failing to comply with the TEC, §39.032.
The proposed amendment to 19 TAC §101.101 would update the rule to correspond with modifications made to the TEC, §39.032. It is necessary for the proposed amendment to be presented for first reading and filing authorization instead of discussion at this meeting to ensure the amendment takes effect during the 2009-2010 school year. It should be noted that if the SBOE does not adopt the proposed amendment by a two-thirds vote at second reading and final adoption at its March 2010 meeting, the amendment required by SB 759 would be implemented in accordance with the amended statute but without consistent administrative rule.
FISCAL IMPACT: The Texas Education Agency (TEA) has determined that there are no additional costs to persons or entities required to comply with the proposed rule action. However, school districts might experience cost savings by reducing the frequency with which they purchase new assessment instruments. 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 update the rule to reflect new assessment requirements in statute and to help ensure that these requirements are clearly defined for school districts, assessment contractors, and the public.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would remove the requirement by rule that companies or organizations that score assessment instruments report the results to TEA.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendment would have no locally maintained paperwork requirements.
PUBLIC COMMENTS: The official public comment period will begin when the amendment is published as proposed in the Texas Register.
OTHER COMMENTS AND RELATED ISSUES: None.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
Approve for first reading and filing authorization the proposed amendment to 19 TAC Chapter 101, Assessment, Subchapter E, Local Option, §101.101, Group-Administered Tests.
Commissioner of Education
Staff Members Responsible:
Criss Cloudt, Associate Commissioner
Assessment, Accountability, and Data Quality
Gloria Zyskowski, Deputy Associate Commissioner
I. Statutory Citation
II. Text of Proposed Amendment to 19 TAC Chapter 101, Assessment, Subchapter E, Local Option, §101.101, Group-Administered Tests