Part 2.
TEXAS EDUCATION AGENCY
Chapter 101.
ASSESSMENT
Subchapter B. DEVELOPMENT AND ADMINISTRATION OF TESTS
19 TAC §101.25
The State Board of Education (SBOE) adopts an amendment to §101.25,
concerning student assessment. The amendment is adopted without changes to
the proposed text as published in the March 10, 2006, issue of the
Texas Register
(31 TexReg 1583) and will not be republished. Section
101.25 addresses scheduling the administration of tests. The adopted amendment
prohibits participation in University Interscholastic League (UIL) activities
during the primary administration of statewide assessments.
Senate Bill 658 passed by the 79th Texas Legislature, 2005, added Texas
Education Code (TEC), §33.0812, which requires the SBOE by rule to prohibit
participation in a UIL area, regional, or state competition during the school
week in which the primary administration of assessment instruments under TEC, §39.023(a),
(c), or (l) occurs. Currently, 19 TAC §101.25 establishes provisions
relating to scheduling and administering tests. The adopted amendment to 19
TAC §101.25 adds subsection (d) relating to prohibition of participation
in UIL activities to comply with this legislation.
Senate Bill 658 also requires the commissioner of education to adopt rules
to provide the UIL with a periodic calendar of dates reserved for testing
for their planning purposes. The commissioner has adopted rules to provide
this periodic calendar of dates at least every three years on or before May
1 of the year preceding the three-year cycle. The commissioner has also, as
required by this legislation, adopted rules to determine the school week during
the school year in which the primary administration of assessment instruments
will occur; establish procedures for changing, in exceptional circumstances,
testing dates reserved under the testing calendar; and establish criteria
for determining whether a UIL competition must be canceled if the event conflicts
with a changed testing date.
In accordance with the Texas Education Code, §7.102(f), the SBOE approved
this rule action for final adoption by a vote of more than two-thirds of its
members to specify an effective date earlier than September 1, 2006, in order
to implement the latest policy in a timely manner. The effective date of the
adopted amendment is 20 days after filing as adopted.
The following comment was received regarding adoption of the amendment.
Comment. The superintendent of the Sinton Independent School District inquired
whether the proposed amendment would apply to FFA, FHA, and/or 4-H participation
in livestock shows.
Response. The SBOE took action to adopt the amendment as published as proposed.
Senate Bill 658 only prohibits participation in UIL area, regional, or state
competitions during the week of testing and therefore does not prohibit participation
in FFA, FHA, or 4-H events.
The amendment is adopted under the Texas Education Code, §33.0812,
which requires the SBOE by rule to prohibit participation in a UIL area, regional,
or state competition during the school week in which the primary administration
of assessment instruments occurs.
The amendment implements the Texas Education Code, §33.0812.
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 May 8, 2006.
TRD-200602540
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: May 28, 2006
Proposal publication date: March 10, 2006
For further information, please call: (512) 475-1497
Subchapter A. GRANTS
Chapter 102.
EDUCATIONAL PROGRAMS