Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,339
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educators that can be used to guide their instruction and ulti-
mately prepare them for the English II EOC assessment. How-
ever, the proposed amendment would continue to prevent eligi-
ble ELLs from retaking English I tests repeatedly. While appro-
priately scaffolded and linguistically accommodated instruction
may allow this group to meet course requirements, passing the
standardized English I EOC may not be a reasonable expecta-
tion given their early stage of English language acquisition. For
this unique group of students, the proposed amendment would
enable determinations about readiness to graduate from Texas
high schools to be based, with regard to English language arts,
on the level of English acquisition and associated language arts
knowledge and skills the students demonstrate on the culminat-
ing English II assessment.
Section 101.1007 would also be amended to align with recent
legislation by removing the cumulative score and 15% course
grade provisions.
Section 101.1025, English Language Learners in Grade 10,
which addresses limited English proficient exemptions for cer-
tain ELLS, would be repealed since the exemptions would no
longer be applicable.
The proposed revisions to 19 TAC Chapter 101, Subchapter AA,
Divisions 1 and 2, would be consistent with previous agency
requirements, which did not provide for exempting ELLs from
STAAR tests, and would ensure that academic performance
data are available to evaluate the achievement, progress, and
needs of all ELL students. Section 101.1005(h), which is not
proposed for amendment, specifies that separate policies for in-
cluding the academic performance of ELLs in state and federal
accountability measures will take into account the unique sec-
ond language acquisition developmental needs of this student
population.
The proposed amendments and repeal would have no proce-
dural and reporting implications beyond those that apply to all
Texas students with respect to implementation of the state's as-
sessment program.
The proposed amendments and repeal have little to no effect
on the paperwork required and maintained by the language pro-
ficiency assessment committee and/or admission, review, and
dismissal committee in making assessment and accommodation
decisions for ELLs.
Criss Cloudt, associate commissioner for assessment and ac-
countability, has determined that for the first five-year period the
amendments and repeal are in effect there will be no additional
costs for state or local government as a result of enforcing or ad-
ministering the amendments and repeal.
Dr. Cloudt has determined that for each year of the first five
years the amendments and repeal are in effect the public benefit
anticipated as a result of enforcing the amendments and repeal
will be to update the ELL assessment provisions to guide school
districts in the administration of the state assessment program,
as required by the Texas Education Code, Chapter 39. There
is no anticipated economic cost to persons who are required to
comply with the proposed amendments and repeal.
There is no direct adverse economic impact for small businesses
and microbusinesses; therefore, no regulatory flexibility anal-
ysis, specified in Texas Government Code, 2006.002, is re-
quired.
The public comment period on the proposal begins November
22, 2013, and ends December 23, 2013. Comments on theproposal may be submitted to Cristina De La Fuente-Valadez,
Rulemaking, Texas Education Agency, 1701 North Congress Av-
enue, Austin, Texas 78701, (512) 475-1497. Comments may
also be submitted electronically to rules@tea.state.tx. us or faxed
to (512) 463-5337. A request for a public hearing on the pro-
posal submitted under the Administrative Procedure Act must
be received by the commissioner of education not more than 14
calendar days after notice of the proposal has been published in
the Texas Register on November 22, 2013.
DIVISION 1. ASSESSMENTS OF ENGLISH
LANGUAGE PROFICIENCY AND ACADEMIC
CONTENT FOR ENGLISH LANGUAGE
LEARNERS
19 TAC 101.1001, 101.1007
The amendments are proposed under Texas Education Code
(TEC), 39.023, as amended by House Bill (HB) 5, 83rd
Texas Legislature, Regular Session, 2013, which authorizes
the agency to adopt end-of-course assessment instruments
for secondary-level courses identified in the TEC, 39.023(c);
TEC, 39.025, as amended by HB 5, 83rd Texas Legislature,
Regular Session, 2013, which authorizes the commissioner
to adopt rules requiring a student participating in the recom-
mended or advanced high school program to be administered
each end-of-course assessment instrument listed in the TEC,
39.023(c), and requiring a student participating in the minimum
high school program to be administered an end-of-course
assessment instrument listed in the TEC, 39.023(c), only for
a course in which the student is enrolled and for which an
end-of-course assessment instrument is administered; TEC,
39.027(a-2), as added by HB 5, 83rd Texas Legislature, Regu-
lar Session, 2013, which specifies that a student is considered
enrolled in a school in the United States for that school year if
enrolled for at least 60 consecutive days during a school year
for the purpose of determining a number of years under the
TEC, 39.027(a)(1), (2), or (3); and HB 5, Section 81, 83rd
Texas Legislature, Regular Session, 2013, which specifies that
the TEC, 39.027(a-2), applies to a student regardless of the
date on which the student initially enrolled in a school in the
United States.
The amendments implement the TEC, 39.023(c) and
39.025(a), as amended by HB 5, 83rd Texas Legislature,
Regular Session, 2013; TEC, 39.027(a-2), as added by HB 5,
83rd Texas Legislature, Regular Session, 2013; and HB 5, 83rd
Texas Legislature, Regular Session, 2013.
101.1001. Scope of Rules.
(a) Except as specified in subsection (b) of this section, the
provisions of this division shall apply to all students.
(b) The provisions of 101.1005(b)(1)-(2) of this title (relat-
ing to Assessments of Achievement in Academic Content Areas and
Courses) and 101.1007 of this title (relating to Assessment Provisions
for Graduation) shall apply beginning with students first enrolled in
Grade 9 or below in the 2011-2012 school year.
(c) For purposes of this subchapter, a student who has been
enrolled in a U.S. school for at least 60 consecutive days during a school
year is considered to have been enrolled in a U.S. school for that school
year.
101.1007. Assessment Provisions for Graduation.
(a) Although an English language learner (ELL) shall not be
exempt from taking an end-of-course assessment for reasons associ-PROPOSED RULES November 22, 2013 38 TexReg 8339
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Texas. Secretary of State. Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013, periodical, November 22, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379965/m1/27/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.