19 TAC §101.5001, §101.5003
The Texas Education Agency (TEA) proposes new §101.5001,
and §101.5003, concerning the statewide testing calendar and University
Interscholastic League (UIL) participation. The proposed new rules would 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 proposed new rules would 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 proposed new rules in 19 TAC Chapter 101, Assessment, Subchapter EE,
Commissioner's Rules Concerning the Statewide Testing Calendar and UIL Participation,
would address provisions related to the testing calendar and alternate test
dates, as follows.
Section 101.5001 would include the provisions that the commissioner provide
the UIL with the three-year calendar through publication on the TEA website
and that the commissioner notify the UIL of any necessary changes to the schedule.
Section 101.5003 would include the provision that alternate test dates
be considered on a case-by-case basis. The new rule would also include the
definition of exceptional circumstances that may affect district or campus
ability to administer or student performance on an assessment.
Susan Barnes, associate commissioner for standards and programs, has determined
that for the first five-year period the new sections are in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the sections.
Dr. Barnes 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 sections will be to reduce or eliminate scheduling conflicts between UIL
events and statewide assessment. There will be no 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,
Policy Coordination Division, Texas Education Agency, 1701 North Congress
Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted
electronically to
rules@tea.state.tx.us
or
faxed to (512) 463-0028. 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, §38.0812,
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, §38.0812.
§101.5001.Testing Calendar.
(a)
In accordance with Texas Education Code, §38.0812,
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.
§101.5003.Alternate Test Dates.
(a)
The commissioner of education shall consider requests from
districts or campuses for alternate test dates on a case-by-case basis. Alternate
test dates will only be allowed if the campus or district is closed on the
day on which testing is scheduled or if there is an exceptional circumstance
as defined under this section that may affect a district's or campus' ability
to administer an assessment or the students' performance on an assessment.
(b)
For the purposes of this section, exceptional circumstances
include but are not limited to the following:
(1)
inclement weather or natural disasters that would cause
a district or a campus to be closed or which would cause a small percentage
of students to be in attendance on the day testing is scheduled;
(2)
health epidemics that result in a large number of students
being absent on the day of testing;
(3)
death of a student or school official that may impact student
performance; and
(4)
sudden emergencies that occur on the day of testing or
shortly before testing that may inhibit students from completing the assessments,
such as a fire on campus, a bomb threat, an extended power outage, or a water
main break.
(c)
If an alternate test date for the primary test administration
is approved, the commissioner may prohibit the district or campus from participating
in UIL competitions on the new test date if that is determined to be in the
best interest of the district, campus, and students.
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 January 23, 2006.
TRD-200600364
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: March 5, 2006
For further information, please call: (512) 475-1497