Part 2.
TEXAS EDUCATION AGENCY
Chapter 101.
ASSESSMENT
Subchapter BB. COMMISSIONER'S RULES CONCERNING THE STUDENT SUCCESS INITIATIVE
19 TAC §§101.2001, 101.2003, 101.2005, 101.2007, 101.2009, 101.2011, 101.2013, 101.2015, 101.2017, 101.2019
The Texas Education Agency (TEA) proposes new §§101.2001,
101.2003, 101.2005, 101.2007, 101.2009, 101.2011, 101.2013, 101.2015, 101.2017,
and 101.2019, concerning assessment. The new sections are proposed to implement
the grade advancement requirements of the new testing program, the Texas Assessment
of Knowledge and Skills (TAKS), in accordance with Texas Education Code (TEC), §28.0211.
The 76th Texas Legislature, 1999, mandated a new testing program of increased
rigor, size, and scope that must be implemented no later than the 2002-2003
school year. Planning for this new program, the TAKS, began in the fall of
1999. The TEA is committed to including the widest and best possible input
into this important development process from all stakeholders in Texas education.
Planning for implementing this new program has included careful attention
to the role of assessment in the broader context of the education system,
including such areas as curriculum, staff development, and recommended high
school program requirements. Beginning in January 2000, the TEA has provided
the State Board of Education (SBOE) a progress report on TAKS planning as
a regular agenda item.
TEC, §28.0211, specifies the new grade advancement requirements, enacted
by the 76th Texas Legislature as the Student Success Initiative. This initiative
mandates new passing requirements to be phased in as follows: beginning in
school year 2002-2003 for the reading test at Grade 3, beginning in school
year 2004-2005 for the reading and mathematics tests at Grade 5, and beginning
in school year 2007-2008 for the reading and mathematics tests at Grade 8.
As specified by these requirements, a student may advance to the next grade
level only by passing these tests or by unanimous decision of his or her grade
placement committee as likely to perform at grade level after accelerated
instruction. TEC, §28.0211, provides that admission, review, and dismissal
(ARD) committees will determine the manner of participation in accelerated
instruction of special education students who do not perform satisfactorily
on one or more of the specified assessment instruments. ARD committees will
also make decisions about promotion/retention of these special education students.
The following is a summary of important aspects of the Student Success
Initiative.
Multiple (at least three) Test Opportunities. TEC, §28.0211, requires
that students have at least three opportunities during the school year to
pass these statewide tests and provides that the commissioner set the dates
for these administrations. TEC, §28.0211, also allows districts to administer
an alternate assessment instrument after students fail a second time. The
alternate assessment instruments must be approved by the commissioner.
Accelerated Instruction. School districts are required to provide accelerated
instruction in the subject area failed after each test administration. An
accelerated instruction group may not have a ratio of more than 10 students
for each teacher. In addition, transportation must be provided by the school
district if the accelerated instruction occurs outside regular school hours.
Grade Placement Committee. For a student who fails a second time, school
districts are required to establish a grade placement committee for the student.
The grade placement committee consists of the principal or designee, the student's
parent or guardian, and the teacher of the subject area failed by the student.
The law charges the grade placement committee with prescribing the accelerated
instruction that the district will provide the student before the statewide
assessment is administered a third time.
If the student fails at least three attempts, the student is retained at
the same grade level. The parent or guardian may appeal this retention to
the student's grade placement committee, which may promote the student if
it determines by unanimous decision that, in accordance with local school
board standards, it is likely the student will perform at grade level given
accelerated instruction upon promotion. The final decision of this committee
cannot be appealed. Regardless of whether a student who fails three times
is retained or promoted, the grade placement committee must develop a plan
for the accelerated instruction the student shall receive the next school
year. The plan must be designed to enable the student to perform at the appropriate
grade level at the end of the next school year.
Parental Notification. The law sets forth notification requirements that
districts must follow regarding these testing requirements for grade advancement.
In addition to notification of the overall testing requirements, districts
must notify parents or guardians of the grade placement committee process
and the promotion/retention decisions. As part of these requirements, districts
must notify the parent or guardian of the time, place, and purpose of the
committee. In addition, the district must notify the student's parent or guardian
about the student's failure to pass the stipulated tests, the student's assignment
to an accelerated instructional program, and the possibility that the student
may be retained in the same grade level.
Miscellaneous Provisions. Passage of statewide tests does not preclude
retention in accordance with local policy based on other factors such as attendance,
coursework, etc. Results for the tests specified by this law must be reported
to the appropriate school district not later than 10 days after receipt of
the test materials by the agency or its test contractor. The law adds indicators
to the school accountability system that address the requirements of the student
success initiative such as the number of students provided accelerated instruction,
the number of students promoted by grade placement committees, and subsequent
performance on the state-required tests.
The proposed new 19 TAC Chapter 101, Assessment, Subchapter BB, Commissioner's
Rules Concerning the Student Success Initiative, has been developed in accordance
with TEC, §28.0211. Development of the proposed rules has been guided
by agency commitment to the following policy: to support student academic
achievement of the essential knowledge and skills at each grade level to enable
a student to succeed at the next grade level. Multiple opportunities will
be provided to gather educator and public input and comments for further development
of the rules before final adoption.
The purpose of these rules is to ensure the effective implementation of
the grade advancement testing requirements as part of an overall system of
support for student academic achievement. This system includes but is not
limited to the following: informal and formal assessment of student needs
at preceding grades and corresponding early intervention activities that address
those needs; continuous and ongoing evaluation by a variety of means; research-based
instructional programs; targeted accelerated instruction informed by multiple
testing opportunities and other means of evaluation; a grade placement committee
which decides on an individual student basis the most effective way to support
a student's academic achievement on grade level; and accelerated education
plans for every student who does not pass the required grade advancement assessments
after three opportunities, whether he/she is retained or promoted by his/her
grade promotion committee.
The following is a summary of the provisions addressed in proposed new
19 TAC Chapter 101, Subchapter BB.
Proposed new 19 TAC §101.2001 sets forth the policy of the TEA relating
to the grade advancement testing requirements, defines the proficiency that
students must demonstrate in order to advance to the next grade, establishes
the grade placement committee, and delineates the purpose of the rules. §Proposed
new 19 TAC §101.2003 specifies the grades and subjects in which eligible
students must be tested by certain school years as well as provisions relative
to students receiving special education services, limited English proficient
students, and dyslexic students.
Proposed new 19 TAC §101.2005 establishes test administration procedures
and schedule, directs school administrators to maintain the integrity of the
test administration, and specifies that TEA shall provide three opportunities
per year for required tests and that the commissioner will set the dates.
Proposed new 19 TAC §101.2007 provides details regarding the composition
and role of the grade placement committee; notifications concerning student
failures; prescriptions for accelerated instruction; decisions regarding alternate
assessment; process to appeal retention; and development of accelerated education
plans for students who do not pass after three testing opportunities, regardless
of whether the student is promoted or retained.
Proposed new 19 TAC §101.2009 sets forth provisions relating to notices
to parents or guardians. In addition to notification of the overall testing
requirements, districts must notify parents or guardians of the grade placement
committee process and the promotion/retention decisions. As part of these
requirements, districts must notify the parent or guardian of the time, place,
and purpose of the committee. In addition, the district must notify the student's
parent or guardian about the student's failure to pass the stipulated tests,
the student's assignment to an accelerated instructional program, and the
possibility that the student may be retained in the same grade level.
Proposed new 19 TAC §101.2011 delineates alternate assessment provisions,
including the establishment of an annual list of state-approved alternate
achievement tests and the requirement that the alternate assessment be given
on the same date as the third administration of statewide assessment, that
scoring contractors send test results to schools for verification within 10
days, and that schools follow procedures for test security and confidentiality.
Proposed new 19 TAC §101.2013 specifies requirements for accelerated
instruction for students who fail to demonstrate proficiency, including coordination
with previous diagnostic testing and intervention activities, student-teacher
ratio for group-administered accelerated instruction, provision of transportation
to students required to attend acceleration programs that occur outside of
regular school hours, and factors upon which to base accelerated instruction.
Proposed new 19 TAC §101.2015 directs school districts to establish
a waiver process by which a parent or guardian may request that a student
not participate in the third testing opportunity.
Proposed new 19 TAC §101.2017 requires scoring contractors to provide
assessment results within 10 working days following receipt of test materials.
Proposed new 19 TAC §101.2019 establishes provisions concerning students
retained in Grade 8 relative to their earning high school graduation credit
and the placement of these students in an age- appropriate learning environment.
School districts and charter schools will be required to adopt new procedures
in accordance with these rules. In addition, new reporting requirements of
the student success initiative specify additional information for the Academic
Excellence Indicator System.
Ann Smisko, associate commissioner for curriculum, assessment, and technology,
has determined that for the first five-year period the new sections are in
effect there will be no significant fiscal implications for state or local
government as a result of enforcing or administering the new sections. At
the state level, the existing agency contract with a private organization
for the Texas assessment program will not be impacted by the proposed rules
since it is set at a fixed price; the period of this contract ends August
31, 2005. The rules mainly provide procedural clarification in areas where
statute directs that rules be adopted.
Although no significant costs are anticipated for local governments, there
are two areas of potential cost associated specifically with provisions contained
in these rules that should be noted. First, proposed new §101.2007(h)
requires that the accelerated education plan for a student who has not passed
after three testing opportunities provide for interim progress reports to
the student's parent or guardian and the opportunity for consultation with
the teacher and/or principal as needed. Anecdotal evidence suggests that these
practices are fairly standard and will not represent new activities for most
districts. However, if a district does not generally provide any type of interim
progress report or opportunities for consultation associated with its accelerated
instruction programs, some additional cost could be incurred. Assuming that
an interim progress report was produced each six weeks and sent home with
the student, the cost of producing the reports would be estimated to range
from $1 to $2.50 per student annually, depending on the detail included within
the report and the level of report automation. Because the passing standard
for the state-mandated assessment program has not yet been established, it
is impossible to predict at this time how many students might not pass after
three attempts and thus be subject to the interim reporting requirement.
The second area of potential cost relates to early notification concerning
students at risk of failing the first administration of an assessment required
for promotion. Specifically, proposed new §101.2009(b) requires that
a district provide early notice to parents or guardians of students identified
in a preceding grade to be at risk of failure on the first administration
of the assessment required for promotion. Existing rule requires that all
parents be made aware of the grade advancement requirements. In addition,
statute relating to 2nd grade reading diagnosis requires the reporting of
results to parents of all students. It is assumed that early notification
would be incorporated into the required notice of the results of the reading
diagnosis for students in the 2nd grade, thus resulting in no additional cost
for early notice of the results diagnosis for this group of students. Beginning
in school year 2003-2004, early notification concerning 4th grade students
who may be at risk for failure would represent a new requirement. In addition,
beginning in school year 2006-2007, early notification concerning 7th grade
students who may be at risk for failure would represent a new requirement.
Assuming that such early warning is incorporated into the affected grade's
automated report of assessment results as provided to parents and/or if the
warning is incorporated into the communication concerning promotion requirements
in general, the notice would not represent significant additional cost. Again,
because passing standards have not been established for the required assessments,
it is not possible to predict the number of students to whom the early notice
requirement might apply.
Ms. Smisko has determined that for each year of the first five years the
new sections are in effect the public benefit anticipated as a result of enforcing
the new sections will be that the Texas student assessment program provides
Texas students, schools, and the public with an accurate gauge of students'
academic progress in learning the key components of the Texas Essential Knowledge
and Skills. The addition of the student success testing requirements will
further support all students in their academic achievement of reading and
mathematics on grade level or above throughout their schooling. There will
not be an effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the new sections.
Comments on the proposal may be submitted to Cristina De La Fuente-Valadez,
Accountability Reporting and Research, 1701 North Congress Avenue, Austin,
Texas 78701, (512) 463-9701. Comments may also be submitted electronically
to
rules@tea.state.tx.us
or faxed to (512)
475-3499. All requests for a public hearing on the proposed new sections submitted
under the Administrative Procedure Act must be received by the commissioner
of education not more than 15 calendar days after notice of the proposal has
been published in the
Texas Register
.
The new sections are proposed under the Texas Education Code
(TEC), §28.0211, which authorizes the commissioner of education to adopt
rules and procedures necessary to implement grade advancement testing requirements
to support student academic achievement of the essential knowledge and skills.
The new sections implement the TEC, §28.0211.
§101.2001.Policy.
(a)
The policy of the Texas Education Agency relating to the
grade advancement testing requirements, as specified in the Texas Education
Code (TEC), §28.0211(a), is to support student academic achievement of
the essential knowledge and skills at each grade level to enable a student
to succeed at the next grade level.
(b)
In addition to local policy relating to grade advancement,
students in Grades 3, 5, and 8 shall demonstrate proficiency in the subjects
required by TEC, §28.0211(a), in order to advance to the next grade.
Demonstrated proficiency is defined under this section as meeting the passing
standard on the appropriate assessment instruments specified by §101.2003(a)
of this title (relating to Grade Advancement Testing Requirements) or on a
state-approved alternate assessment authorized in §101.2011 of this title
(relating to Alternate Assessment). A student who does not demonstrate proficiency
as described in this section may only advance to the next grade if the student's
Grade Placement Committee, as specified in §101.2007 of this title (relating
to Role of Grade Placement Committee), determines by unanimous decision, in
accordance with the standards for promotion established by the local school
board, that the student is likely to perform at grade level at the end of
the next year given additional accelerated instruction.
(c)
The purpose of these rules is to ensure the effective implementation
of the grade advancement testing requirements as part of an overall system
of support for student academic achievement. This system includes but is not
limited to the following:
(1)
informal and formal assessment of student needs at preceding
grades and corresponding early intervention activities that address those
needs;
(2)
continuous and ongoing evaluation by a variety of means;
(3)
research-based instructional programs;
(4)
targeted accelerated instruction informed by multiple testing
opportunities and other means of evaluation;
(5)
a grade placement committee which decides on an individual
student basis the most effective way to support a student's academic achievement
on grade level; and
(6)
accelerated education plans for every student who does
not pass the required grade advancement assessments after three opportunities,
whether he or she is retained or promoted by his or her grade promotion committee.
§101.2003.Grade Advancement Testing Requirements.
(a)
Each school district and charter school shall test eligible
students in accordance with the grade advancement requirements for the grades
and subjects specified in the Texas Education Code (TEC), §28.0211(a).
These requirements pertain to the following assessment instruments under TEC, §39.023(a),
(b), and (l):
(1)
the reading test at Grade 3, beginning in the 2002-2003
school year;
(2)
the reading and mathematics tests at Grade 5, beginning
in the 2004-2005 school year; and
(3)
the reading and mathematics tests at Grade 8, beginning
in the 2007-2008 school year.
(b)
A student receiving special education services under the
TEC, Chapter 29, Subchapter A, enrolled in Grades 3, 5, or 8 and who is receiving
instruction on grade level in the essential knowledge and skills in a subject
specified under subsection (a) of this section is eligible under this section.
In accordance with §101.5(b) of this title (relating to Student Testing
Requirements) and TEC, §28.0211(i), the student's admission, review,
and dismissal (ARD) committee shall determine appropriate assessment and acceleration
options for each eligible student. Assessment decisions must be made on an
individual basis and in accordance with administrative procedure established
by the Texas Education Agency (TEA). These decisions shall be documented in
the student's individualized education program (IEP).
(c)
A limited English proficient (LEP) student, as defined
by the TEC, Chapter 29, Subchapter B, who is administered an assessment in
English or Spanish for a grade and subject specified in subsection (a) of
this section is eligible under this section. In accordance with §101.1003
of this title (relating to Role of the Language Proficiency Assessment Committee),
the student's language proficiency assessment committee (LPAC) shall determine
appropriate assessment and acceleration options for each eligible student.
The grade placement committee, as specified in §101.1007 of this title
(relating to Limited English Proficient Students at Grades Other Than Exit
Level), shall make its decisions in consultation with a member of the student's
LPAC. Assessment decisions must be made on an individual basis and in accordance
with administrative procedure established by the TEA.
(d)
As specified in §101.1009 of this title (relating
to Limited English Proficient Students Who Receive Special Education Services),
decisions regarding assessments for LEP students who receive special education
services shall be made by the ARD committee, which includes a member of the
LPAC to ensure that issues related to the student's language proficiency are
duly considered.
(e)
In accordance with TEC, §28.021(b), decisions regarding
a student who is dyslexic and eligible under this section shall consider the
student's potential for achievement or proficiency in the tested subject.
(f)
A school district or charter school must determine a student's
previous testing history and, if applicable, the accelerated instructional
program he or she has received.
§101.2005.Test Administration and Schedule.
(a)
The Texas Education Agency (TEA) shall establish the test
administration procedures in the applicable test administration materials.
The superintendent of each school district and chief administrative officer
of each charter school shall be responsible for following these procedures
and maintaining the integrity of the test administration and the security
and confidentiality requirements, as specified in Chapter 101, Subchapter
C, of this title (relating to Security and Confidentiality).
(b)
The TEA shall provide three opportunities per year for
the tests required for grade advancement as specified in the Texas Education
Code, §28.0211(a). The commissioner of education shall specify the dates
of these administrations in the assessment calendar.
§101.2007.Role of Grade Placement Committee.
(a)
In accordance with the Texas Education Code (TEC), §28.0211,
the superintendent of each school district and chief administrative officer
of each charter school shall establish procedures for convening a grade placement
committee (GPC) for each student who fails to demonstrate proficiency on the
second administration of the test required for grade advancement. Decisions
by the GPC shall be made on an individual student basis to ensure the most
effective way to support the student's academic achievement on grade level.
(b)
The GPC shall be composed of the principal or principal's
designee, the student's parent or guardian, and the student's teacher(s) of
the subject of the grade advancement(s) test on which the student has failed
to demonstrate proficiency. If this teacher is unavailable, the principal
shall designate a certified professional educator who is most familiar with
the student in the subject area to serve on the GPC. If more than one parent
or guardian has the authority to make educational decisions regarding the
student, participation of any one is sufficient and any one may appeal or
agree to promotion under TEC, §28.0211(e). The district may accept a
parent's or guardian's written designation of another individual to serve
on the GPC for all purposes.
(1)
If a parent or guardian or designee is unable to attend
a meeting, the district may use other methods to ensure parent participation,
including individual and conference telephone calls. The district may designate
an individual to act on behalf of the student in place of a parent, guardian,
or designee if no such person can be located. A surrogate parent named to
act on behalf of a student with a disability shall be considered a parent
for purposes of TEC, §28.0211.
(2)
The district shall make a good faith effort to notify a
parent or guardian to attend the GPC. If a parent or guardian is unavailable,
the remaining members of the GPC must convene as required by this section
and take any actions required, except that the GPC may not agree to promote
a student under TEC, §28.0211(e), unless a parent, guardian, or designee
has appealed. A district may allow an appeal to be filed in writing in lieu
of attending the GPC.
(c)
Within five working days of receipt of student test results
for the second administration of the test required for grade advancement,
the district shall notify (for each student who fails to demonstrate proficiency)
the campus principal of student test results. Upon receipt of this notice,
the principal shall notify the teacher and parent or guardian of the test
results. This notice shall include a description of the purpose and responsibilities
of the GPC and the time and place for the GPC to hold its first meeting.
(d)
The GPC is responsible for prescribing the accelerated
instruction the student is to receive before the third testing opportunity.
The GPC shall also decide at this time whether the student shall take the
assessment specified in §101.2003 of this title (relating to Grade Advancement
Testing Requirements) or the alternate assessment, as authorized by §101.2011
of this title (relating to Alternate Assessment). In the absence of unanimous
agreement, the student shall take the assessment specified in §101.2003.
(e)
The GPC must convene again if a student fails to demonstrate
proficiency on the third administration of a test required for grade advancement
and is thereby automatically retained at the same grade level. Within five
working days of receipt of student test results for this administration, the
district shall notify (for each student who fails to demonstrate proficiency)
the principal or principal's designee of student test results. Upon receipt
of this notice from the district, the principal shall inform the teacher and
parent or guardian of the time and place for the GPC to hold a meeting. This
notice shall inform the parent or guardian of the opportunity to appeal the
automatic retention of the student. The district shall establish a procedure
to ensure the parent's or guardian's receipt of the retention notification.
The parent or guardian may appeal the retention by submitting a request to
the GPC within five working days of receipt of this retention notification.
(f)
If an appeal has been initiated by the parent or guardian,
the GPC may decide in favor of promotion only if the GPC concludes, upon review
of all facts and circumstances and in accordance with standards adopted by
the local school board, that the student is likely to perform on grade level
given additional accelerated instruction during the next school year. A student
may be promoted only if the GPC's decision is unanimous. The review and final
decision of the GPC must be appropriately documented as meeting the standards
adopted by the local school board. These standards may include but are not
limited to the following:
(1)
evidence of satisfactory student performance, including
grades, portfolios, work samples, local assessments, and individual reading
and mathematics diagnostic tests or inventories;
(2)
improvement in student test performance over the three
testing opportunities; and
(3)
extenuating circumstances that have adversely affected
the student's participation in either the required assessments or accelerated
instruction.
(g)
In accordance with TEC, §28.0211(e), the placement
decision by the GPC shall be made before the start of the next school year
or, if applicable, upon reenrollment of a student after this date.
(h)
A student who has been promoted upon completion of a school
year in another state may be enrolled in that grade without regard to whether
the student has successfully completed an assessment required under TEC, §28.0211.
This subsection does not limit the authority of a district to appropriately
place a student under TEC, Chapter 25, Subchapter B.
(i)
In addition to the placement decision, the GPC shall develop
an accelerated educational plan for each student who does not pass after three
testing opportunities, regardless of whether the student has been promoted
or retained. This plan shall include the accelerated instruction that the
district must provide during the next school year. The plan must be designed
to enable the student to perform at the appropriate grade level by the end
of the next school year. The district shall establish a policy for monitoring
the student during the school year to ensure that the student is progressing
in accordance with the plan. The accelerated education plan must provide for
interim progress reports to the student's parent or guardian and the opportunity
for consultation with the teacher and/or principal as needed.
§101.2009.Notice to Parents or Guardians.
(a)
As specified in §101.9 of this title (relating to
Grade Advancement Requirements), the superintendent of each school district
or chief administrative officer of each charter school shall notify parents
or guardians of the grade advancement requirements.
(b)
The district shall provide early notice to parents or guardians
of students identified in a preceding grade to be at risk of failure on the
first administration of the test required for grade advancement the next year.
Local board policy must establish the instruments/procedures to be used to
make this determination. In the case of second grade students, it must include
the results of the reading inventory required under Texas Education Code, §28.006.
This notice shall be provided before the end of the school year preceding
the grade advancement requirements.
(c)
The district shall notify the parent or guardian of a student
who has failed to demonstrate proficiency on the first administration of a
grade advancement test within five working days of receipt of student test
results from this administration. This notice shall include the student's
test results, description of the grade advancement policy, the accelerated
instruction to which the student has been assigned, and the possibility that
the student might be retained at the same grade level for the next school
year. In addition, the notice shall encourage parents or guardians to meet
immediately with the student's teacher to outline mutual responsibilities
to support the student during accelerated instruction.
(d)
Whenever the district is required to notify a parent or
guardian about the requirements related to promotion and accelerated instruction
for students at risk of retention, including the notification requirements
for the grade placement committee under §101.2007 of this title (relating
to Role of the Grade Placement Committee), the district shall make a good
faith effort to ensure that the notice is provided either in person or by
regular mail, is clear and easy to understand, and is written in English or
in the parent's or guardian's native language.
§101.2011.Alternate Assessment.
(a)
On the third testing opportunity, each school district
and charter school may establish by local board policy a district-wide procedure
to use a state-approved alternate assessment instead of the statewide assessment
instrument specified in §101.2003(a) of this title (relating to Grade
Advancement Testing Requirements). The commissioner of education shall provide
annually, to school districts and charter schools, a list of state-approved
group-administered achievement tests certified by test publishers as meeting
the requirements of Texas Education Code, §28.0211. This list shall include
nationally recognized instruments for obtaining valid and reliable data, which
demonstrate student competencies in the applicable subject at the appropriate
grade level range. The district shall select only one test for each applicable
grade and subject to be used under this section.
(b)
The alternate assessment must be given on the same date
as the third administration of statewide assessment.
(c)
A company or organization scoring a test defined in subsection
(a) of this section shall send test results to the school district for verification
within ten working days following receipt of the test materials from the school
district.
(d)
To maintain the security and confidential integrity of
group-administered achievement tests, school districts and charter schools
shall follow the procedures for test security and confidentiality delineated
in Chapter 101, Subchapter C, of this title (relating to Security and Confidentiality).
§101.2013.Accelerated Instruction.
(a)
Each time a student fails to demonstrate proficiency on
an assessment required for grade advancement, the school district or charter
school shall provide the student with accelerated instruction in the applicable
subject. Accelerated instruction should be consistent with previous diagnostic
testing and intervention activities, if any, the student has received. Group-administered
accelerated instruction may not have a ratio of more than ten students to
each teacher.
(b)
Accelerated instruction required after the first and second
testing opportunities should be designed to address student needs to the greatest
extent possible before the next respective testing opportunity.
(c)
The superintendent of each school district and chief administrative
officer of each charter school shall be responsible for providing transportation
to students required to attend acceleration programs if these programs occur
outside of regular school hours.
(d)
Accelerated instruction shall be based on but not limited
to the following:
(1)
assessment of specific student needs, which may include
as appropriate the following: teacher observations and evaluations; academic
progress reports; previous identification of student needs and corresponding
interventions; and performance on previous assessment instruments in the applicable
subject.
(2)
best instructional practices identified through research
that the district may obtain and implement through technical assistance from
the Texas Education Agency and education service centers.
§101.2015.Parental Waiver.
The superintendent of each school district and chief administrative
officer of each charter school shall establish a waiver process by which a
parent or guardian may request that a student not participate in the third
test opportunity due to potential harm to the student. The waiver must provide
documentation of potential harm, student need, and other appropriate information.
If a parental waiver is granted, the student must still participate in all
required acceleration and is subject to retention based on the failure on
the second test administration.
§101.2017.Scoring and Reporting.
In accordance with §101.81 of this title (relating to Scoring
and Reporting), the scoring contractor will provide school districts with
the results of the assessments required by the Texas Education Code, §28.0211,
or, if applicable, the results of the alternate assessment specified in §101.2011
of this title (relating to Alternate Assessment), within ten working days
following the receipt of the test materials from the school district or charter
school.
§101.2019.Credit for High School Graduation.
(a)
Students who have been retained in Grade 8 in accordance
with the grade advancement testing requirements may earn course credit for
high school graduation during the next school year in subject areas other
than the subject area which caused the student to be retained.
(b)
The superintendent of each school district and chief administrative
officer of each charter school may establish a policy that provides for the
placement of retained students in an age-appropriate learning environment.
In accordance with local grade configurations for elementary, middle, and
high school campuses, this policy may specify the age by which a retained
student should be placed on the next level campus even though not yet promoted
to the grade of that campus.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 25, 2002.
TRD-200201134
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Earliest possible date of adoption: April 7, 2002
For further information, please call: (512) 463-9701
Chapter 239.
STUDENT SERVICES CERTIFICATES
Subchapter C. EDUCATIONAL DIAGNOSTICIAN CERTIFICATE
19 TAC §§239.80 - 239.86
The State Board for Educator Certification (SBEC) proposes
new §§239.80-239.86. This creates a new subchapter C, concerning
Educational Diagnostician Certificate.
The proposed new rules provide for the following:
admission to an educator preparation program;
preparation;
educator standards for the standard educational diagnostician certificate;
issuance of the standard educational diagnostician certificate;
renewal of the standard educational diagnostician certificate; and
transition language that will supersede various rules regarding the certification
of the educational diagnostician once the new requirements become effective.
The proposed rules include the standards recommended by the Advisory Standards
Development Committee for Educational Diagnostician. The standards will be
used to develop assessments. The standards for educational diagnostician were
posted on the SBEC web site for public comment for a period of thirty days.
No changes to the standards were suggested. A concern was expressed about
whether the standards adequately addressed the knowledge and skills an educational
diagnostician should have to differentiate between children who truly have
special education needs and those whose learning challenges result solely
from deficits in English-language proficiency. Upon further review and discussion,
however, it was agreed that the proposed standards adequately addressed this
concern.
The requirements listed above are consistent with those in rule for the
other new student services certificates (school librarian and school counselor).
They differ, however, from the current educational diagnostician requirements
in that the proposed rules require two years of classroom teaching experience
in a public or accredited private school. The current rules require a candidate
to have a valid teaching certificate and three years of classroom teaching
experience.
Barry Alaimo, Director of Accounting and Financial Operations, has determined
that for the first five-year period the rules are in effect there will be
no fiscal implications as a result of enforcing or administering the rules.
Dan Junell, General Counsel, has determined that for each year of the first
five years that the rules would be in effect, the public would benefit from
the proposed rules because they would help ensure certification of only qualified
candidates as educational diagnosticians while not imposing unreasonable barriers
to certification. Persons who would be required to comply with the rules should
incur no additional costs as a result of their implementation because they
do not change the certification fees for educational diagnostician candidates.
Interested persons wishing to comment on the proposed rules must submit
their comments in writing to Dan Junell, General Counsel, State Board for
Educator Certification, 1001 Trinity, Austin, TX 78701-2603, within the 30-day
comment period, which begins on the date of publication of this issue of the
The new rules are proposed under Texas Education Code (TEC) §21.041(a),
which requires SBEC to propose rules for the general administration of TEC
Ch. 21, Subch. B; §21.041(b)(2), which requires SBEC to propose rules
that specify the classes of educator certificates to be issued; and §21.041(b)(4),
which requires SBEC to specify the requirements for the issuance and renewal
of an educator certificate.
No other statutes, articles or codes are affected by the proposed new rules.
§239.80.General Provision.
(a)
Because the educational diagnostician plays a critical
role in campus effectiveness and student achievement the State Board for Educator
Certification adopts the rules in this subchapter to ensure that each candidate
for the educational diagnostician certificate is of the highest caliber and
possesses the knowledge and skills necessary to improve the performance of
the diverse student population of this state.
(b)
Each individual serving as a educational diagnostician
is expected to actively participate in professional development activities
to continually update his or her knowledge and skills. Currency in best practices
and research as related to both campus leadership and student learning is
essential.
§239.81.Minimum Requirements for Admission to an Educational Diagnostician Preparation Program.
(a)
Prior to admission to a preparation program leading to
the educational diagnostician certificate, an individual must:
(1)
hold a baccalaureate degree from an accredited institution
of higher education; and
(2)
meet the requirements for admission to an educator preparation
program under Chapter 227 of this title (relating to Provisions for Educator
Preparation Students).
(b)
Preparation programs may adopt requirements for admission
in addition to those required in subsection (a) of this section.
§239.82.Preparation Requirements.
(a)
Structured, field-based training must be focused on actual
experiences with each of the standards identified in §239.83 of this
subchapter (relating to Standards for the Educational Diagnostician Certificate)
to include experiences at diverse types of campuses.
(b)
Each preparation program must develop and implement specific
criteria and procedures that allow admitted individuals to substitute professional
educational diagnostician training and/or experience directly related to the
standards identified in §239.83 of this subchapter for part of the preparation
coursework or other program requirements.
§239.83.Standards for the Educational Diagnostician Certificate.
(a)
The knowledge and skills identified in this section must
be used by educational diagnostician preparation programs in the development
of curricula and coursework and will be used by the State Board for Educator
Certification as the basis for developing the assessments required to obtain
the Standard Educational Diagnostician Certificate. These standards must also
serve as the foundation for the professional growth plan, and continuing professional
education activities required by §239.85 of this subchapter (relating
to Requirements to Renew the Standard Educational Diagnostician Certificate).
(b)
Standard I. The educational diagnostician understands and
applies knowledge of the purpose, philosophy, and legal foundations of evaluation
and special education.
(1)
The beginning educational diagnostician knows and understands:
(A)
state and federal regulations relevant to the role of the
educational diagnostician;
(B)
laws and legal issues related to the assessment and evaluation
of individuals with educational needs;
(C)
models, theories, and philosophies that provide the basis
for special education evaluations;
(D)
issues, assurances, and due process rights related to evaluation,
eligibility, and placement within a continuum of services; and
(E)
rights and responsibilities of parents/guardians, schools,
students, and teachers and other professionals in relation to individual learning
needs.
(2)
The beginning educational diagnostician is able to:
(A)
articulate the purpose of evaluation procedures and their
relationship to educational programming; and
(B)
conduct evaluations and other professional activities consistent
with the requirements of laws, rules and regulations, and local district policies
and procedures.
(c)
Standard II. The educational diagnostician understands
and applies knowledge of ethical and professional practices, roles, and responsibilities.
(1)
The beginning educational diagnostician knows and understands:
(A)
ethical practices regarding procedural safeguards (e.g.,
confidentiality issues, informed consent) for individuals with disabilities;
(B)
ethical practices related to assessment and evaluation;
(C)
qualifications necessary to administer and interpret various
instruments and procedures; and
(D)
organizations and publications relevant to the field of
educational diagnosis.
(2)
The beginning educational diagnostician is able to:
(A)
demonstrate commitment to developing quality educational
opportunities appropriate for individuals with disabilities;
(B)
demonstrate positive regard for the culture, gender, and
personal beliefs of individual students;
(C)
promote and maintain a high level of competence and integrity
in the practice of the profession;
(D)
exercise objective professional judgment in the practice
of the profession;
(E)
engage in professional activities that benefit individuals
with exceptional learning needs, their families, and/or colleagues;
(F)
comply with local, state, and federal monitoring and evaluation
requirements;
(G)
use copyrighted educational materials in an ethical manner;
and
(H)
participate in the activities of professional organizations
in the field of educational diagnosis.
(d)
Standard III. The educational diagnostician develops collaborative
relationships with families, educators, the school, the community, outside
agencies, and related service personnel.
(1)
The beginning educational diagnostician knows and understands:
(A)
strategies for promoting effective communication and collaboration
with others, including parents/guardians and school and community personnel,
in a culturally responsive manner;
(B)
concerns of parents/guardians of individuals with exceptional
learning needs and appropriate strategies to help parents/guardians address
these concerns;
(C)
strategies for developing educational programs for individuals
through collaboration with team members;
(D)
roles of individuals with disabilities, parents/caregivers,
teachers, and other school and community personnel in planning educational
programs for individuals; and
(E)
family systems and the role of families in supporting student
development and educational progress.
(2)
The beginning educational diagnostician is able to:
(A)
use collaborative strategies in working with individuals
with disabilities, parents/caregivers, and school and community personnel
in various learning environments;
(B)
communicate and consult effectively with individuals, parents/guardians,
teachers, and other school and community personnel;
(C)
foster respectful and beneficial relationships between
families and education professionals;
(D)
encourage and assist individuals with disabilities and
their families to become active participants in the educational team;
(E)
plan and conduct collaborative conferences with individuals
who have exceptional learning needs and their families or primary caregivers;
(F)
collaborate with classroom teachers and other school and
community personnel in including individuals with exceptional learning needs
in various learning environments;
(G)
communicate with classroom teachers, administrators, and
other school personnel about characteristics and needs of individuals with
disabilities;
(H)
use appropriate communication skills to report and interpret
assessment and evaluation results;
(I)
provide assistance to others who collect informal and observational
data;
(J)
effectively communicate to parents/guardians and professionals
the purposes, methods, findings, and implications of assessments; and
(K)
keep accurate and detailed records of assessments, evaluations,
and related proceedings (e.g., ARD/IEP meetings, parent/guardian communications
and notifications).
(e)
Standard IV. The educational diagnostician understands
and applies knowledge of student assessment and evaluation, program planning,
and instructional decision making.
(1)
The beginning educational diagnostician knows and understands:
(A)
the characteristics, needs, and rights of individual students
in relation to assessment and evaluation for placement within a continuum
of services;
(B)
the relationship between evaluation and placement decisions;
and
(C)
the role of team members, including the student when appropriate,
in planning an individualized program.
(2)
The beginning educational diagnostician is able to:
(A)
use assessment and evaluation information to plan individualized
programs and make instructional decisions that result in appropriate services
for individuals with disabilities, including those from culturally and/or
linguistically diverse backgrounds;
(B)
interpret and use assessment and evaluation data for targeted
instruction and ongoing review; and
(C)
assist in identifying realistic expectations for educationally
relevant behavior (e.g., vocational, functional, academic, social) in various
settings.
(f)
Standard V. The educational diagnostician knows eligibility
criteria and procedures for identifying students with disabilities and determining
the presence of an educational need.
(1)
The beginning educational diagnostician knows and understands:
(A)
characteristics of individuals with disabilities, including
those with different levels of severity and with multiple disabilities;
(B)
educational implications of various disabilities; and
(C)
the variation in ability exhibited by individuals with
particular types of disabilities.
(2)
The beginning educational diagnostician is able to:
(A)
access information on the cognitive, communicative, physical,
social, and emotional characteristics of individuals with disabilities;
(B)
gather background information regarding the academic, medical,
and family history of individuals with disabilities; and
(C)
use various types of assessment and evaluation procedures
appropriately to identify students with disabilities and to determine the
presence of an educational need.
(g)
Standard VI. The educational diagnostician selects, administers,
and interprets appropriate formal and informal assessments and evaluations.
(1)
The beginning educational diagnostician knows and understands:
(A)
basic terminology used in assessment and evaluation;
(B)
standards for test reliability;
(C)
standards for test validity;
(D)
procedures used in standardizing assessment instruments;
(E)
possible sources of test error;
(F)
the meaning and use of basic statistical concepts used
in assessment and evaluation (e.g., standard error of measurement, mean, standard
deviation);
(G)
uses and limitations of each type of assessment instrument;
(H)
uses and limitations of various types of assessment data;
(I)
procedures for screening, prereferral, referral, and eligibility;
(J)
the appropriate application and interpretation of derived
scores (e.g., standard scores, percentile ranks, age and grade equivalents,
stanines);
(K)
the necessity of monitoring the progress of individuals
with disabilities;
(L)
methods of academic and nonacademic (e.g., vocational,
developmental, assistive technology) assessment and evaluation; and
(M)
methods of motor skills assessment.
(2)
The beginning educational diagnostician is able to:
(A)
collaborate with families and other professionals in the
assessment and evaluation of individuals with disabilities;
(B)
select and use assessment and evaluation materials based
on technical quality and individual student needs; score assessment and evaluation
instruments accurately;
(C)
create and maintain assessment reports;
(D)
select or modify assessment procedures to ensure nonbiased
results;
(E)
use a variety of observation techniques;
(F)
assess and interpret information using formal/informal
instruments and procedures in the areas of cognitive/adaptive behavior and
academic skills;
(G)
determine the need for further assessment in the areas
of language skills, physical skills, social/emotional behavior, and assistive
technology;
(H)
determine a student's needs in various curricular areas,
and make intervention, instructional, and transition planning recommendations
based on assessment and evaluation results;
(I)
make recommendations based on assessment and evaluation
results;
(J)
prepare assessment reports; and
(K)
use performance data and information from teachers, other
professionals, individuals with disabilities, and parents/guardians to make
or suggest appropriate modifications and/or accommodations within learning
environments.
(h)
Standard VII. The educational diagnostician understands
and applies knowledge of ethnic, linguistic, cultural, and socioeconomic diversity
and the significance of student diversity for evaluation, planning, and instruction.
(1)
The beginning educational diagnostician knows and understands:
(A)
issues related to definition and identification procedures
for individuals with disabilities, including individuals from culturally and/or
linguistically diverse backgrounds;
(B)
characteristics and effects of the cultural and environmental
backgrounds of students and their families, including cultural and linguistic
diversity, socioeconomic diversity, abuse/neglect, and substance abuse;
(C)
issues related to the representation in special education
of populations that are culturally and linguistically diverse;
(D)
ways in which diversity may affect evaluation; and
(E)
strategies that are responsive to the diverse backgrounds
and particular disabilities of individuals in relation to evaluation, programming,
and placement.
(2)
The beginning educational diagnostician is able to:
(A)
apply knowledge of cultural and linguistic factors to make
appropriate evaluation decisions and instructional recommendations for individuals
with disabilities; and
(B)
recognize how student diversity and particular disabilities
may affect evaluation, programming, and placement, and use procedures that
ensure nonbiased results.
(i)
Standard VIII. The educational diagnostician knows and
demonstrates skills necessary for scheduling, time management, and organization.
(1)
The beginning educational diagnostician knows and understands:
(A)
time management strategies and systems appropriate for
various educational situations and environments;
(B)
legal and regulatory timelines, schedules, deadlines, and
reporting requirements; and
(C)
methods for organizing, maintaining, accessing, and storing
records and information.
(2)
The beginning educational diagnostician is able to:
(A)
select, adapt, or design forms to facilitate planning,
scheduling, and time management;
(B)
maintain eligibility folders; and
(C)
use technology appropriately to organize information and
schedules.
(j)
Standard IX. The educational diagnostician addresses students'
behavioral and social interaction skills through appropriate assessment, evaluation,
planning, and instructional strategies.
(1)
The beginning educational diagnostician knows and understands:
(A)
requirements and procedures for functional behavioral assessment,
manifestation determination review, and behavioral intervention plans;
(B)
applicable laws, rules and regulations, and procedural
safeguards regarding the planning and implementation of behavioral intervention
plans for individuals with disabilities;
(C)
ethical considerations inherent in behavior interventions;
(D)
teacher attitudes and behaviors that influence the behavior
of individuals with disabilities;
(E)
social skills needed for school, home, community, and work
environments;
(F)
strategies for crisis prevention, intervention, and management;
(G)
strategies for preparing individuals to live productively
in a multiclass, multiethnic, multicultural, and multinational world; and
(H)
key concepts in behavior intervention (e.g., least intrusive
accommodations/ modifications within the learning environment, reasonable
expectations for social behavior, social skills curricula, cognitive behavioral
strategies).
(2)
The beginning educational diagnostician is able to:
(A)
conduct functional behavioral assessments;
(B)
assist in the development of behavioral intervention plans;
and
(C)
participate in manifestation determination review.
(k)
Standard X. The educational diagnostician knows and understands
appropriate curricula and instructional strategies for individuals with disabilities.
(1)
The beginning educational diagnostician knows and understands:
(A)
instructional strategies, technology tools and applications,
and curriculum materials for students with disabilities within the continuum
of services;
(B)
varied learning styles of individuals with disabilities;
(C)
curricula for the development of motor, cognitive, academic,
social, language, affective, career, and functional skills for individuals
with disabilities;
(D)
techniques for modifying instructional methods and materials
for individuals with disabilities;
(E)
functional skills instruction relevant to transitioning
across environments (e.g., preschool to elementary school, school to work);
(F)
supports needed for integration into various program placements;
and
(G)
individualized assessment strategies for instruction (e.g.,
authentic assessment, contextual assessment, curriculum-based assessment).
(2)
The beginning educational diagnostician is able to:
(A)
interpret and use assessment and evaluation data for instructional
planning; and
(B)
use assessment and evaluation, planning, and management
procedures that are appropriate in relation to student needs and the instructional
environment.
§239.84.Requirements for the Issuance of the Standard Educational Diagnostician Certificate.
To be eligible to receive the Standard Educational Diagnostician Certificate
under this subchapter, the individual must:
(1)
successfully complete a educational diagnostician preparation
program that meets the requirements of §239.82 of this title (relating
to Preparation Requirements) and §239.83 of this title (relating to Standards
for the Educational Diagnostician Certificate) of this subchapter;
(2)
successfully complete the assessments required under this
title;
(3)
hold a master's degree from an accredited institution of
higher education; and
(4)
have two school years of classroom teaching experience
in a public or accredited private school.
§239.85.Requirements to Renew the Standard Educational Diagnostician Certificate.
(a)
Each individual issued a Standard Educational Diagnostician
Certificate under this title is subject to Chapter 232, Subchapter R of this
title (relating to Certificate Renewal and Continuing Professional Education
Requirements).
(b)
An individual who holds a valid Texas educational diagnostician
certificate issued prior to September 1, 1999, may voluntarily comply with
the requirements of this section under procedures adopted by the executive
director under §232.810 of this title (relating to Voluntary Renewal
of Current Texas Educators).
§239.86.Transition and Implementation Dates.
(a)
Section 239.84 of this title (relating to Requirements
for Issuance of the Standard Educational Diagnostician Certificate), shall
be implemented and shall supersede all conflicting provisions in this title
on September 1, 2003. All other sections of this subchapter shall take effect
pursuant to Texas Government Code, §2001.036, relating to Effective Date
of Rules.
(b)
Section 230.316 of this title (relating to Educational
Diagnostician (Special Education)) shall expire on September 1, 2003.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 21, 2002.
TRD-200201049
William Franz
Executive Director
State Board for Educator Certification
Earliest possible date of adoption: April 7, 2002
For further information, please call: (512) 469-3011
Part 7.
STATE BOARD FOR EDUCATOR CERTIFICATION
Chapter 242.
SUPERINTENDENT CERTIFICATE