19 TAC §101.3001, §101.3005
The Texas Education Agency (TEA) adopts an amendment to §101.3001
and new §101.3005, concerning implementation of the testing program.
The amendment and new section are adopted without changes to the proposed
text as published in the May 19, 2006, issue of the
Texas Register
(31 TexReg 4156) and will not be republished. Section
101.3001 addresses implementation of assessment instruments. Adopted new §101.3005
addresses required test administration procedures and training activities.
The purpose of the adopted rule action is to clarify the commissioner's authority
to develop and implement test administration procedures and training activities
to ensure the security, validity, and reliability of the assessment program
as required by the Texas Education Code (TEC), §39.023(i).
The TEC, §39.023, requires the commissioner of education to adopt
rules for implementing the testing program established by the State Board
of Education in 19 TAC Chapter 101, Subchapters A-E. Senate Bill (SB) 103,
Section 9, 76th Texas Legislature, 1999, requires the commissioner of education
to adopt rules for the implementation of the TEC, §39.023. In accordance
with the TEC, Chapter 39, Subchapter B, and SB 103, Section 9, the commissioner
adopted rules concerning implementation of the testing program in 19 TAC Chapter
101, Subchapter CC, to be effective February 16, 2003. Rules in this subchapter
were revised, effective February 2005, to clarify transitional issues related
to the Texas Assessment of Knowledge and Skills (TAKS), as specified by the
76th Texas Legislature, 1999, and to establish rules for implementation of
the Grade 8 science test required by the 78th Texas Legislature, 2003.
The TEC, §39.023(i), requires that each assessment instrument adopted
under the TEC, Chapter 39, Subchapter B, be reliable and valid and must meet
any applicable federal requirements for measurement of student progress. The
adopted revisions to 19 TAC Chapter 101, Subchapter CC, add new 19 TAC §101.3005
and amend the section title in 19 TAC §101.3001, as follows.
The new 19 TAC §101.3005, Required Test Administration Procedures
and Training Activities to Ensure Validity, Reliability, and Security of Assessments,
is added to clarify in rule the commissioner's authority to develop and implement
test administration procedures and required training activities to ensure
the validity, reliability, and security of assessments administered under
the TEC, Chapter 39, Subchapter B. The new section also clarifies in rule
the authority for the commissioner to establish test administration procedures
and required training activities that support the standardization of the test
administration process. These test administration procedures shall be delineated
in the test administration materials provided to districts and charter schools
annually. The new section clarifies the commissioner's authority to require
training activities to ensure that testing personnel have the necessary skills
and knowledge required to administer assessment instruments in a valid, standardized,
and secure manner. The commissioner may require evidence of the successful
completion of training activities.
The adopted amendment to 19 TAC §101.3001 only changes the rule's
title to read "Implementation of Assessment Instruments." No changes were
made to the text of the rule.
The following public comment on the revisions to 19 TAC Chapter 101, Subchapter
CC, was received from George West Independent School District (ISD), Northside
ISD, and Fort Bend ISD.
Comment: A principal from George West ISD and the district test coordinators
from Northside ISD and Fort Bend ISD suggested that the agency develop PowerPoint
presentations with all of the relevant information test administrators and
campus coordinators need during test administrations that districts and campuses
could use to train their test administrators.
Agency Response: The agency agrees that training materials are useful.
Several PowerPoint presentations for the statewide assessment training for
education service centers and the largest districts; the training on Texas
Observation Protocols; the Admission, Review, and Dismissal (ARD) Committee
Training; and training on packaging of assessment materials are already available
and posted on the Student Assessment Division website. Districts and campuses
may use these presentations and other materials as needed to assist with their
training sessions. No changes were necessary to the rules as proposed.
The amendment and new section are adopted under Senate Bill 103,
Section 9, 76th Texas Legislature, 1999 (Acts of the 76th Texas Legislature,
1999, Chapter 397), and Texas Education Code, §39.023, which authorize
the commissioner of education to adopt rules for the implementation of the
Texas Education Code, §39.023.
The amendment and new section implement the Texas Education Code, §39.023,
and Senate Bill 103, Section 9, 76th Texas Legislature, 1999 (Acts of the
76th Texas Legislature, 1999, Chapter 397).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 30, 2006.
TRD-200603567
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: July 20, 2006
Proposal publication date: May 19, 2006
For further information, please call: (512) 475-1497