Part 2. TEXAS EDUCATION AGENCY

Chapter 101. ASSESSMENT

Subchapter DD. COMMISSIONER'S RULES CONCERNING ALTERNATIVE EXIT-LEVEL ASSESSMENTS

19 TAC §§101.4001, 101.4003, 101.4005

The Texas Education Agency (TEA) adopts new §§101.4001, 101.4003, and 101.4005, concerning alternative exit-level assessments. The new sections are adopted without changes to the proposed text as published in the February 3, 2006, issue of the Texas Register (31 TexReg 631) and will not be republished. The adopted new sections implement the requirements of the Texas Education Code (TEC), §39.025(d) - (e), regarding exit-level performance required for a student to receive a high school diploma. The rule action allows eligible students to substitute an approved alternative exit-level assessment for the Texas Assessment of Knowledge and Skills (TAKS) exit-level test for the same subject area.

The 79th Texas Legislature, 2005, passed House Bill 25, relating to admission to and transition assistance within the public school system for school-age dependents of military personnel and other students. House Bill 25 amended TEC, §39.025, to require the commissioner of education by rule to adopt one or more alternative nationally recognized norm-referenced assessment instruments to administer to a student to qualify for a high school diploma. This legislation also requires the commissioner of education to establish a required performance level for any such assessment instrument that is at least as rigorous as the performance level for the Texas Assessment of Knowledge and Skills (TAKS) test for the same subject area. An eligible student will be exempt from the exit-level TAKS assessments in each subject area in which the student has met the passing standard established by the commissioner on an approved alternative exit-level assessment. A student is eligible if he or she enrolls after January 1 of the year in which the student is otherwise eligible to graduate and is enrolling for the first time in a public school in this state or after an absence of at least four years from any public school in this state.

In the spring of 2003, the Texas Education Agency (TEA) conducted college readiness studies to provide data to assist the Texas Higher Education Coordinating Board (THECB) in establishing performance standards on the exit-level TAKS assessments that would demonstrate a student's readiness to enroll in an institution of higher education. These studies show the link between student performance on the TAKS and performance on the SAT® and the ACT® assessments. The studies included information about the student performance level that would equate to the performance level required for the TAKS exit-level assessment instrument for the same subject.

The rules in 19 TAC Chapter 101, Assessment, Subchapter DD, Commissioner's Rules Concerning Alternative Exit-Level Assessments, explain the testing requirements to receive a high school diploma from a Texas public school; establish the criteria for determining a student's eligibility to substitute an alternative exit-level assessment for a TAKS exit-level assessment to qualify for a high school diploma from a Texas public school; and define the procedures for verifying the results of an alternative exit-level assessment for an eligible student. These new rules include the following provisions.

Section 101.4001 explains the testing requirements to receive a high school diploma from a Texas public school. The commissioner adopts the SAT® verbal/critical reading tests and ACT® English and mathematics tests as alternative exit-level assessments that eligible students with qualifying scores may substitute respectively for TAKS exit-level assessments in English language arts and mathematics beginning in the spring of 2006. The results of the college readiness studies were applied to establish the required passing standards on these assessments. The adopted passing standard for the SAT® alternative assessment for English language arts is at least 472 and for mathematics is at least 461. The adopted passing standard for the ACT® alternative assessment for English language arts is at least 17.7 and for mathematics is at least 19.5. This section also specifies that once a district or charter school has verified that the student is eligible for and has satisfied the requirements under this subchapter and satisfied the coursework requirements to be eligible for a high school diploma in Texas, the district or charter school is authorized to grant a diploma to the student.

Section 101.4003 establishes the criteria for determining a student's eligibility to substitute an alternative exit-level assessment for a TAKS exit-level assessment to qualify for a high school diploma from a Texas public school. This section specifies that a school district or charter school will be responsible for determining the eligibility of a student under this subchapter.

Section 101.4005 defines the procedures for verifying the results of an alternative exit-level assessment for an eligible student. This section specifies that students who are eligible under the new law will be required to provide to the district or charter school his or her official results from an approved alternative exit-level assessment. Upon receipt of the results on an applicable assessment from an eligible student, the school district or charter school must verify the student's score and determine whether the student has met the performance standard required to qualify for a public high school diploma in Texas as established by the commissioner.

No comments were received regarding adoption of the new sections.

The new sections are adopted under the Texas Education Code, §39.025, which requires the commissioner of education to adopt by rule one or more alternative nationally recognized norm-referenced assessment instruments to administer to a student to qualify for a high school diploma. The statute also requires the commissioner to establish a required performance level for any such assessment instrument that is at least as rigorous as the performance level for the Texas Assessment of Knowledge and Skills test for the same subject area.

The new sections implement the Texas Education Code, §39.025.

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 March 14, 2006.

TRD-200601595

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Effective date: April 3, 2006

Proposal publication date: February 3, 2006

For further information, please call: (512) 475-1497

19 TAC §101.5001, §101.5003

The Texas Education Agency (TEA) adopts new §101.5001, and §101.5003, concerning the statewide testing calendar and University Interscholastic League (UIL) participation. The new sections are adopted with a change to the proposed text as published in the February 3, 2006, issue of the Texas Register (31 TexReg 633). The change is to correct a statutory reference in §101.5001(a). The adopted new rules implement Texas Education Code (TEC), §33.0812, added by Senate Bill 658, 79th Texas Legislature, 2005, relating to the scheduling of certain UIL competitions. The new rules address provisions related to the testing calendar and alternate test dates.

The 79th Texas Legislature passed Senate Bill 658, which prohibits participation in a UIL area, regional, or state competition during the week in which the primary administration of assessment instruments under TEC, §39.023(a), (c), or (l), occurs. This legislation also requires that the commissioner adopt rules to provide the UIL with a periodic calendar of dates reserved for testing for their planning purposes. TEC, §33.0812, added by this bill specifies that the periodic calendar must be provided at least every three years on or before May 1 of the year preceding the three-year cycle of reserved testing dates. In adopting rules, this legislation requires that the commissioner include a procedure for changing, in exceptional circumstances, testing dates reserved under the periodic calendar; define circumstances that constitute exceptional circumstances; and establish criteria for determining whether a UIL area, regional, or state competition must be canceled if that event conflicts with a changed testing date.

The new rules in 19 TAC Chapter 101, Assessment, Subchapter EE, Commissioner's Rules Concerning the Statewide Testing Calendar and UIL Participation, address provisions related to the testing calendar and alternate test dates, as follows.

Section 101.5001 includes the provisions that the commissioner provide the UIL with the three-year calendar through publication on the Texas Education Agency website and that the commissioner notify the UIL of any necessary changes to the schedule. The cross reference in subsection (a) to the TEC, §38.0812, was corrected to cross reference the TEC, §33.0812.

Section 101.5003 includes the provision that alternate test dates be considered on a case-by-case basis. The new rule also includes the definition of exceptional circumstances that may affect district or campus ability to administer or student performance on an assessment.

No comments were received regarding adoption of the new sections.

The new sections are adopted under the Texas Education Code, §33.0812, which requires the commissioner of education to adopt rules to provide the UIL with a periodic calendar of dates reserved for testing. In adopting rules, the statute requires the commissioner to include a procedure for changing, in exceptional circumstances, testing dates reserved under the periodic calendar; define circumstances that constitute exceptional circumstances; and establish criteria for determining whether a UIL area, regional, or state competition must be canceled if the event conflicts with a changed testing date.

The new sections implement the Texas Education Code, §33.0812.

§101.5001.Testing Calendar.

(a) In accordance with Texas Education Code, §33.0812, the commissioner of education shall determine the school week during the school year in which the primary administrations of assessment instruments are administered.

(b) Through publication on the Texas Education Agency website, the commissioner shall provide the University Interscholastic League (UIL) with a three-year calendar of dates, beginning with the 2006 - 2007 school year, reserved for testing on or before May 1 of the year preceding the three-year cycle of reserved testing dates.

(c) The commissioner may change the dates reserved for testing as necessary. The commissioner shall notify the UIL of any changes to the schedule for the primary administrations of the statewide assessments.

(d) If a change to the primary administration testing calendar creates a scheduling conflict between a UIL area, regional, or state competition and the statewide assessments, the commissioner shall determine whether those UIL events must be cancelled or rescheduled.

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 March 14, 2006.

TRD-200601594

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Effective date: April 3, 2006

Proposal publication date: February 3, 2006

For further information, please call: (512) 475-1497