TITLE 19.EDUCATION

Part 2. TEXAS EDUCATION AGENCY

Chapter 101. ASSESSMENT

Subchapter A. GENERAL PROVISIONS

19 TAC §§101.5, 101.7, 101.9, 101.11

The State Board of Education (SBOE) adopts amendments to §§101.5, 101.7, 101.9, and 101.11, concerning student assessment. The amendments are adopted without changes to the proposed text as published in the December 10, 2004, issue of the Texas Register (29 TexReg 11449) and will not be republished. The sections address provisions relating to student testing requirements, testing requirements for graduation, grade advancement requirements, and remediation. The adopted amendments update and revise the rules to align with current statute.

The goal of the Texas assessment program is to measure and support student progress toward achieving academic success. The primary purpose of the state student assessment program is to provide an accurate measure of student achievement in the areas of reading, writing, mathematics, social studies, and science. The major components of the program are the Texas Assessment of Knowledge and Skills (TAKS) tests, the Reading Proficiency Tests in English (RPTE), and the State-Developed Alternative Assessment (SDAA). Based on the requirements of the Texas Education Code (TEC), the assessment program evaluates the degree to which students have mastered the state-mandated curriculum, the Texas Essential Knowledge and Skills (TEKS).

First administered in 2002 - 2003, the TAKS is administered to students in mathematics in Grades 3 - 11; reading in Grades 3 - 9; writing in Grades 4 and 7; English language arts in Grades 10 and 11; science in Grades 5, 10, and 11; and social studies in Grades 8, 10, and 11.

The RPTE is administered to limited English proficient (LEP) students in Grades 3 - 12. Along with the TAKS in English and Spanish, the RPTE provides a comprehensive system for assessing LEP students. The RPTE, designed specifically for second language learners, provides useful data on these students' current reading levels, and serves as a measure of growth in students' English reading proficiency.

As specified by the TEC, §39.023, the SDAA measures the academic performance of special education students in reading and mathematics enrolled in Grades 3 - 8 and writing in Grades 4 and 7 who are being instructed in the TEKS but who are exempted from the TAKS test by their admission, review, and dismissal (ARD) committee. In 2004 - 2005, the SDAA will be expanded to incorporate students in Grades 9 and 10. The SDAA is administered on the same schedule as TAKS and is designed to measure annual growth based on appropriate expectations for each student as decided by the student's ARD committee.

The adopted amendments include the following actions to update and align rules with current statute.

Section 101.5, Student Testing Requirements, is amended to extend the SDAA to incorporate Grades 9 and 10 in the 2004 - 2005 school year. Section 101.5 is also amended by adding language from §101.7(a)(3) to extend the policy on waiving the testing requirements for foreign exchange students to include Grades 9 and 10 as well as exit level. It will be more appropriate for this provision to be included in §101.5 rather than §101.7 since it no longer applies solely to exit-level students beginning with school year 2004 - 2005.

Section 101.7, Testing Requirements for Graduation, is amended to delete subsection (a)(3) relating to foreign exchange students since the provision is included in §101.5.

Section 101.9, Grade Advancement Requirements, and §101.11, Remediation, are amended to correct the references to the TEC.

No comments were received regarding adoption of the amendments.

The amendments are adopted under the Texas Education Code, Chapter 39, Subchapter B, which authorizes the State Board of Education to adopt rules to create and implement a statewide assessment program.

The amendments implement the Texas Education Code, Chapter 39, Subchapter B.

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 3, 2005.

TRD-200500966

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Effective date: March 23, 2005

Proposal publication date: December 10, 2004

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