Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,340
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ated with limited English proficiency or inadequate schooling outside
the United States, special provisions under subsection (b) of this sec-
tion shall apply to an ELL enrolled in an English I [or I] course or an
English for Speakers of Other Languages (ESOL) I [or IH] course if the
ELL:
(1) has been enrolled in U.S. schools for three school years
or less or qualifies as an unschooled asylee or refugee enrolled in U.S.
schools for five school years or less; and
(2) the student has not yet demonstrated English lan-
guage proficiency in reading as determined by the assessment under
101.1003 of this title (relating to English Language Proficiency
Assessments).
(b) Concerning the applicable English I [er English I] assess-
ment in which the student is enrolled, an ELL who meets the eligibility
criteria in subsection (a) of this section shall not be required to retake
the assessment each time it is administered if the student passes the
course but fails to achieve the passing standard on the assessment. [:]
1(1) use the assessment score as part of the cumulative
score for graduation;]
1(2) retake the assessment each time it is administered if the
student passes the course but fails to achieve the establishe minimum
score on the assessment; or}
S have the score on the assessment count for 50% of the
student's final grade in the course.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on November 8,
2013.
TRD-201305162
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: December 22, 2013
For further information, please call: (512) 475-1497
DIVISION 2. GRADE 10 AND EXIT-LEVEL
ASSESSMENTS FOR CERTAIN ENGLISH
LANGUAGE LEARNERS
19 TAC 101.1025
(Editor's note: The text of the following section proposed for repeal
will not be published. The section may be examined in the offices of
the Texas Education Agency or in the Texas Register office, James Earl
Rudder Building, 1019 Brazos Street, Austin, Texas.)
The repeal is proposed under Texas Education Code (TEC),
39.025, as amended by House Bill (HB) 5, 83rd Texas Leg-
islature, Regular Session, 2013, which authorizes the commis-
sioner to adopt rules requiring a student participating in the rec-
ommended 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 as-
sessment instrument listed in the TEC, 39.023(c), only for acourse in which the student is enrolled and for which an end-of-
course assessment instrument is administered.
The repeal implements the TEC, 39.025, as amended by HB 5,
83rd Texas Legislature, Regular Session, 2013.
101.1025. English Language Learners in Grade 10.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on November 8,
2013.
TRD-201305163
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: December 22, 2013
For further information, please call: (512) 475-1497
SUBCHAPTER BB. COMMISSIONER'S RULES
CONCERNING GRADE ADVANCEMENT AND
ACCELERATED INSTRUCTION
19 TAC 101.2001, 101.2003, 101.2006, 101.2007,
101.2009, 101.2017
The Texas Education Agency proposes amendments to
101.2001, 101.2003, 101.2006, 101.2007, 101.2009, and
101.2017, concerning assessment. The sections address
grade advancement and accelerated instruction. The proposed
amendments would align accelerated instruction requirements
for students failing a State of Texas Assessments of Academic
Readiness end-of-course (EOC) assessment with changes
made by House Bill (HB) 5, 83rd Texas Legislature, Regular
Session, 2013. The proposed amendments would also rename
the Grade Placement Committee (GPC) manual and update
cross references to repealed State Board of Education (SBOE)
rules.
The Texas Education Code (TEC), 39.025(b-1), requires a
school district to provide each student who fails to perform sat-
isfactorily on an EOC assessment with accelerated instruction
in the applicable subject area. HB 5, 83rd Texas Legislature,
Regular Session, 2013, added the TEC, 28.0217, which reit-
erates the accelerated instruction requirement, as well as the
TEC, 29.081(b-1), which requires that accelerated instruction
be provided before the next administration of the applicable
assessment and at no cost to the student. The proposed
amendment to 101.2006, Accelerated Instruction, would align
the rule with new TEC, 29.081(b-1), by specifying that acceler-
ated instruction must be provided before the next administration
of the applicable assessment. In addition, subsection (d) would
be amended to update the name of the GPC manual to the
Student Success Initiative (SSI) manual.
The following changes to Subchapter BB would also be made.
Section 101.2001, Policy, and 101.2007, Role of Grade Place-
ment Committee, would be amended to update the name of the
GPC manual to the SSI manual.
Section 101.2003, Grade Advancement Testing Requirements,
would be amended to update the name of the GPC manual to38 TexReg 8340 November 22, 2013 Texas Register
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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/m1/28/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.