Emergency Sections
An agency may adopt a new or amended section or repeal an existing section on an 
emergency basis if it determines that such action is necessary for the public 
health, safety, or welfare of this state. The section may become effective 
immediately upon filing with the Texas Register, or on a stated date less than 
20 days after filing, for no more than 120 days. The emergency action is 
renewable once for no more than 60 days.
Symbology in amended emergency sections. New language added to an existing 
section is indicated by the use of bold text. [Brackets] indicate deletion of 
existing material within a section.
TITLE 19. EDUCATION
Part II. Texas Education Agency
Chapter 101. Assessment
The Texas Education Agency (TEA) adopts on an emergency basis the repeal of 
sec.sec.101.1-101.8 and new sec.sec.101.1-101.6, concerning assessment. The 
repeals and new sections were proposed in the May 1, 1992, issue of the Texas 
Register  (17 TexReg 3120).
Rules governing the student assessment program are void as of June 1, 1992, in 
accordance with the sunset review process mandated by the 71st Legislature in 
Senate Bill 1. Since a large summer administration of the exit level test is 
planned, the State Board of Education (SBOE) must adopt new assessment rules on 
an emergency basis so the administration can be conducted in an equitable and 
secure manner. For the board to adopt the new rules on an emergency basis, it 
must also repeal the old assessment rules on an emergency basis. The assessment 
rules also form the basis of test administration procedures such as security, 
exemptions, scheduling, and reporting that must be developed for fall testing.
Assessment of Minimum Skills
19 TAC sec.sec.101.1-101.8
The repeals are adopted under Senate Bill 1, sec.2.25, 71st Legislature, Sixth 
Called Session, which authorizes the SBOE to review all rules relating to public 
education in Title 19 of the Texas Administrative Code, other than portions of 
Chapter 75.
sec.101.1. General Provisions.
sec.101.2. Exit Level Requirements.
sec.101.3. Exemptions.
sec.101.4. Security and Confidentiality.
sec.101.5. Reporting of Results.
sec.101.6. National Comparative Data.
sec.101.7. Local District Achievement Testing.
sec.101.8. State Norm-Referenced Testing.
Issued in Austin, Texas on May 13, 1992.
TRD-9206599
Criss Cloudt
Coordinator, Policy Planning and Evaluation
Texas Education Agency
Effective date: May 13, 1992
Expiration date: September 10, 1992
For further information, please call: (512) 463-9701
       
[Assessment of Minimum Skills]
19 TAC sec.sec.101.1-101.6
The new sections are adopted under the Texas Education Code, Chapter 21, 
Subchapter O, which authorizes the SBOE to adopt a statewide student assessment 
plan.
sec.101.1. General Provisions.
(a) The State Board of Education shall adopt an interim plan for assessment that 
will remain in effect until the requirements of the Texas Education Code, 
sec.21.5512, regarding the development of a statewide assessment program that is 
primarily performance-based, are fully implemented. This interim plan will serve 
as a transition between the assessment plan required under the Texas Education 
Code, sec.21.551, and the plan to be developed under the Texas Education Code, 
sec.21.5512.
(b)  Spanish-version criterion-referenced assessment instruments in reading, 
writing, and mathematics will continue to be administered to appropriate Grade 3 
students in the fall of each school year until other measures have been 
developed for determining language proficiency and/or skills in Spanish at the 
elementary school level.
(c) For each criterion-referenced assessment instrument developed under the 
Texas Education Code, Chapter 21, Subchapter O, the State Board of Education 
shall approve the essential elements upon which the assessment instruments are 
based, adopt the objectives to be assessed, establish the standards for 
satisfactory performance, and approve the assessment instruments based on the 
recommendations of the commissioner of education.
(d) The commissioner of education may specify other testing periods as needed 
for the administration of assessment instruments in compliance with the Texas 
Education Code, Chapter 21, Subchapter O.
(e) Each school district shall administer assessment instruments to its students 
in accordance with procedures established by the commissioner of education and 
procedures set forth in the applicable test administration materials, and shall 
assist with field tests and other activities necessary to implement the 
requirements of the Texas Education Code, Chapter 21, Subchapter O.
(f) The superintendent or chief administrative officer in each school district 
shall be responsible for coordinating all local assessment activities, 
including:
(1) scheduling testing times on all affected campuses in accordance with the 
testing periods designated by the commissioner of education;
(2) administering the assessment instruments to the appropriate students;
(3) ensuring the maintenance of security; and
(4) ensuring that all assessment instruments are administered in accordance with 
procedures established by the commissioner of education.
sec.101.2. Exit Level Requirements.
(a) The superintendent or chief administrative officer in each school district 
shall be responsible for:
(1) informing eighth grade students expected to take the exit level assessment 
instrument and their parents or guardians, as well as 8th-12th grade students 
new to the district and their parents or guardians, of the instructional 
outcomes to be measured on the exit level assessment instrument;
(2) notifying current students eligible to take the exit level assessment 
instrument and their parents or guardians of the dates, times, and places that 
the instrument will be administered, and emphasizing the importance of testing 
on the scheduled dates; and
(3) publicizing within the community served by the district the dates on which 
the exit level assessment instrument will be administered, the precise location 
and time when testing will take place, and what actions a former pupil 
interested in testing or retesting should take to assure access to the testing 
area and availability of testing materials.
(b) A student must meet the criteria for minimum expectations established by the 
State Board of Education on the exit level examination of academic skills to be 
eligible to receive a high school diploma.
(c) To be eligible to receive a high school diploma, a student with a 
handicapping condition must meet minimum expectations on the section(s) of the 
exit level assessment instrument for which he or she is eligible, as specified 
in his or her individual educational plan by the admission, review, and 
dismissal (ARD) committee.
(d) A student will not receive a diploma unless he or she has attained minimum 
expectations on all sections of the exit level assessment instrument. Each 
student who fails to demonstrate satisfactory performance on the exit level 
assessment instrument shall retake the assessment instrument each time it is 
administered until minimum expectations are demonstrated. A student who has been 
denied a diploma because of failure to meet minimum expectations on any section 
of this assessment instrument may retake the section(s) each time the assessment 
instrument is administered.
(e)  Although increasingly difficult standards and examinations may be 
established for the exit level assessment instrument, no individual will be 
required to demonstrate subject-area performance at a standard higher than the 
one in effect when the student was first eligible to take the assessment 
instrument.
(f) Established requirements and procedures for testing out-of-school examinees 
will be outlined in the appropriate test administration materials.
sec.101.3. Testing Appropriate Students.
(a) Each student for whom an appropriate criterion-referenced assessment 
instrument has been developed shall participate in the administration of the 
instrument. A student shall be exempted from participation only upon: the formal 
determination of the student's admission, review, and dismissal committee, 
documented in the student's individual educational plan; or the formal 
determination of the student's language proficiency assessment committee, which 
shall also be documented. On the basis of limited English proficiency, a student 
may be exempted from administration of the criterion-referenced assessment 
instrument at one grade level only and shall thereafter participate in all 
administrations at subsequent grade levels. During the period of transition to 
the redesigned assessment plan, any student with limited English proficiency who 
is scheduled to participate in the assessment at the grade level following the 
one in which the student was exempted may receive one additional exemption at 
that grade if deemed necessary by the student's language proficiency assessment 
committee. The language proficiency assessment committee shall recommend 
appropriate alternative and formative assessment strategies for each student 
exempted from the required state assessment program. No student shall be 
exempted from an exit level examination based on limited English proficiency.
(b) The appropriate test administration materials shall set forth any allowable 
modifications in the administration of criterion-referenced assessment 
instruments.
(c) For the norm-referenced assessment program, students who meet the selection 
criteria used in the national standardization of the examinations in this 
program must participate in this program. The selection criteria must be 
provided to all school districts, and the districts must provide the selection 
criteria to parents and the public upon request. These selection criteria, as 
well as exceptions, optional testing, and allowable and nonallowable 
modifications, are explained in the appropriate test administration materials. 
The language proficiency assessment committee may grant exemptions to students 
of limited English proficiency. The language proficiency assessment committee 
shall recommend appropriate alternative assessment strategies for each student 
exempted from the norm-referenced assessment program. The language proficiency 
assessment committee shall determine when the student has sufficient English 
proficiency to participate in the norm-referenced assessment program; however, 
the language proficiency assessment committee may not exempt a student for 
longer than three years.
sec.101.4. Security and Confidentiality.
(a) Violation of the security or confidential integrity of any examination is 
prohibited. An examination is defined as any secure test or other assessment 
instrument required by state statute, rule, or regulation that is administered 
for the purpose of assessing student academic achievement or performance.
(b)  In accordance with the Texas Education Code,  s13.046, the commissioner may 
sanction a person who engages in conduct prohibited by this section.
(c)  Conduct that violates the security or confidential integrity of an 
examination is defined as any material departure from either the requirements 
established by the commissioner for the administration of an examination, or 
from the procedures set forth in the applicable test administration materials, 
including, but not limited to:
(1) unauthorized viewing of secure examination materials;
(2) wrongful duplication of any portion of secure examination materials;
(3) revealing the contents of any portion of secure examination materials;
(4) providing any examinee the answer to any examination question;
(5) changing or altering any response of an examinee to an examination question;
(6) encouraging or assisting another to engage in the conduct described in 
paragraphs (1)-(5) of this subsection; or
(7) failure to report to appropriate authority that another has engaged in the 
conduct set forth in paragraphs (1)-(6) of this subsection.
(d) The superintendent or chief administrative officer of each school district 
shall ensure that procedures are in place that are designed to ensure the 
security and confidential integrity of all assessment instruments and test 
items. It shall be the responsibility of the superintendent or chief 
administrative officer to notify the Texas Education Agency in writing of 
conduct that violates the security or confidential integrity of an examination.
(e) For the purpose of academic recognition, the confidentiality requirements of 
Texas Education Code, sec.21.556, may be waived in writing by a student's parent 
or guardian, or, where appropriate, by the student.
sec.101.5. Reporting of Results.
(a) Student performance data aggregated by campus and district, with appropriate 
interpretations, shall be reported to the school district board of trustees 
according to the schedule outlined in the appropriate test administration 
materials.
(b) School districts shall notify each student and his or her parent or guardian 
of assessment results according to the schedule outlined in the appropriate test 
administration materials, observing confidentiality requirements in the Texas 
Education Code, sec.21.556(b).
(c) Assessment results shall be included in each student's academic achievement 
record and shall be furnished for each student transferring to another school 
district.
sec.101.6. Local District Achievement Testing.
(a) The following words and terms, when used in this section, shall have the 
following meanings, unless the context clearly indicates otherwise.
(1) Company or organization-Publishers of assessment instruments, regional 
education service centers, and other entities providing scoring services.
(2)  Assessment instrument-A group-administered achievement test.
(3)  Same form of an assessment instrument-The same test or test form, or two or 
more tests or test forms that yield equivalent or parallel scores and share 50% 
or more of the same items on each form. This term does not include ancillary 
materials that may accompany assessment instruments.
(b) Districts participating in optional local testing under the Texas Education 
Code, sec.21. 560, shall adhere to the following.
(1) Updated norms will be produced by the publisher every two school years for 
each assessment instrument covered by this section. The date of publication of 
the norms will determine when the next update is required. The date of 
publication may not exceed one year from the date of data collection. After 
establishing national standardization norms for a particular form, user norms 
may be employed for the biennial updates. Publishers producing the updated user 
norms must use sampling and psychometric procedures approved by the commissioner 
of education. These norms must be provided to scoring centers as soon as they 
are available to minimize delays in reporting. National standardization norms 
are not eligible for use in Texas more than seven years after the date of 
publication.
(2) To maintain the security of the contents of all assessment instruments, 
school districts shall follow procedures for test administration established by 
the commissioner of education. Violators of security provisions will be subject 
to penalties as stated in sec.101.4(b) of this title (relating to Security and 
Confidentiality).
(3) School districts may not purchase assessment instruments or services from 
companies or organizations not in compliance with this section.
Issued in Austin, Texas, on May 13, 1992.
TRD-9206598
Criss Cloudt
Coordinator, Policy Planning and Evaluation
Texas Education Agency
Effective date: May 13, 1992
Expiration date: September 10, 1992
For further information, please call: (512) 463-9701
       
TITLE 31. NATURAL RESOURCES AND CONSERVATION
Part II. Texas Parks and Wildlife Department
Chapter 57. Fisheries and Wildlife
Shrimp Season
31 TAC sec.57.352
The Texas Parks and Wildlife Department adopts on an emergency basis new 
sec.57.352, concerning provisions for an early opening of the shrimping season 
in Gulf (outside) waters of the Texas territorial sea (nine nautical miles). 
Based on sound biological data, the executive director has determined that 
migration of small brown shrimp from the bays to the Gulf of Mexico will occur 
earlier than the July 15 statutory opening date. Sound biological data indicate 
that most of the shrimp on the Gulf fishing grounds will meet or exceed the 65 
tails per pound size criterion on July 6.
The purpose of the closed Gulf season is to protect brown shrimp during their 
major period of emigration from the bays to the Gulf of Mexico until they reach 
a larger, more valuable size before harvest and to prevent waste caused by the 
discarding of smaller individuals. The season will close 30 minutes after sunset 
May 15, 1992. The executive director found imminent peril to the public welfare 
required the opening date as an emergency measure to minimize social and 
economic hardship in a depressed industry by opening the season nine days 
earlier than scheduled and to obtained optimum yield from the resource.
The new section is adopted on an emergency basis under the Texas Parks and 
Wildlife Code, sec.77.062. In April 1978, the Texas Parks and Wildlife 
Commission delegated to the executive director the duties and responsibilities 
of opening and closing the shrimping season under this section.
sec.57.352. Early Opening of the Gulf Shrimping Season. The 1992 general closed 
season for shrimp as defined in the Texas Parks and Wildlife Code, 
sec.77.061(a)(1), extends from 30 minutes after sunset May 15, 1992, to 30 
minutes after sunset July 6, 1992.
Issued in Austin, Texas, on May 11, 1992.
TRD-9206516
Paul M. Shinkawa
Director, Legal Services
Texas Parks and Wildlife Department
Effective date: May 12, 1992
Expiration date: September 9, 1992
For further information, please call: 1-800-792-1112, ext. 4863 or (512) 389-
4863