Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,341
8313-8478 p. ; 28 cm.View a full description of this periodical.
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the SSI manual and remove a reference to an SBOE rule that
has been repealed.
Section 101.2009, Notice to Parents or Guardians, and
101.2017, Scoring and Reporting, would be amended to up-
date cross references, including removing references to SBOE
rules that have been repealed.
The proposed amendments would have procedural and report-
ing implications. The proposed amendment would establish in
rule that students failing to perform satisfactorily on an EOC as-
sessment must be provided accelerated instruction before the
next administration of the applicable assessment.
The proposed amendments would have no new locally main-
tained paperwork requirements.
Criss Cloudt, associate commissioner for assessment and ac-
countability, has determined that for the first five-year period the
amendments are in effect there will be no additional costs for
state or local government as a result of enforcing or administer-
ing the amendments.
Dr. Cloudt has determined that for each year of the first five years
the amendments are in effect the public benefit anticipated as a
result of enforcing the amendments will be to inform the general
public of school district accelerated instruction requirements for
students not achieving satisfactory performance on an EOC as-
sessment. There is no anticipated economic cost to persons who
are required to comply with the proposed amendments.
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 the
proposal 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.
The amendments are proposed under Texas Education Code
(TEC), 28.0217, as added by House Bill (HB) 5, 83rd Texas
Legislature, Regular Session, 2013, which requires that each
time a student fails to perform satisfactorily on an assessment in-
strument administered under the TEC, 39.023(c), a school dis-
trict must provide accelerated instruction in the applicable sub-
ject area using funds appropriated for accelerated instruction un-
der the TEC, 28.0211; TEC, 29.081(b-1), as added by HB 5,
83rd Texas Legislature, Regular Session, 2013, which requires
schools districts to offer additional accelerated instruction before
the next scheduled administration of the assessment instrument
without cost to the student; and TEC, 39.025(b-1), which re-
quires school districts to provide each student who fails to per-
form satisfactorily as determined by the commissioner under the
TEC, 39.0241(a), on an end-of-course assessment instrument
with accelerated instruction in the subject assessed by the as-
sessment instrument.
The amendments implement the TEC, 28.0217 and 29.081(b-
1), as added by HB 5, 83rd Texas Legislature, Regular Session,
2013; and TEC, 39.025(b-1).101.2001. Policy.
(a) School districts shall implement grade advancement
requirements in accordance with this subchapter and the Texas Educa-
tion Agency (TEA) procedures outlined in the official Student Success
Initiative [iradeP. . Peem entCommi t e manual, published
annually by the TEA. As specified in 101.2009 of this title (relating
to Notice to Parents or Guardians), school districts will make public at
the beginning of the school year grade advancement requirements as
determined by the school district.
(b) In addition to local policy relating to grade advancement,
except in cases where a student is testing above grade level as specified
in the Texas Education Code (TEC), 28.0211(o), a student in Grade
5 or Grade 8 shall demonstrate proficiency in reading and mathemat-
ics as required by the TEC, 28.0211(a), in order to advance to the
next grade. The assessment grade promotion requirements of the TEC,
28.0211(a), shall be in effect beginning with the 2012-2013 school
year. Demonstrated proficiency is defined under this section as meet-
ing the satisfactory passing standard on the appropriate assessment in-
struments specified by 101.2003(a) of this title (relating to Grade Ad-
vancement Testing Requirements) or on a state-approved alternate as-
sessment authorized in 101.2011 of this title (relating to Alternate As-
sessment). The standard in place when a student first takes a Grade 5
or Grade 8 mathematics or reading assessment is the standard that will
be maintained for all subsequent retest opportunities for that student.
A student who does not demonstrate proficiency as described in this
section may advance to the next grade only if:
(1) the student has completed the required accelerated in-
struction under 101.2006 of this title (relating to Accelerated Instruc-
tion);
(2) the student's Grade Placement Committee (GPC), as
specified in 101.2007 of this title (relating to Role of Grade Place-
ment Committee), determines by unanimous decision, in accordance
with the standards for promotion established by the local school board,
that the student is likely to perform at grade level at the end of the
next year given additional accelerated instruction. In accordance with
the TEC, 28.021, to determine grade promotion, a school district is
required to consider the recommendation of the student's teacher, the
student's grades, the student's assessment scores, and any other neces-
sary academic information; and
(3) in accordance with the TEC, 28.0211(n), the school
district will ensure that a student who is promoted by a GPC under
101.2007 of this title shall be assigned in each subject in which the
student failed to perform satisfactorily on an assessment instrument
specified under the TEC, 28.0211(a), to a teacher who meets all state
and federal qualifications to teach that subject and grade.
(c) Students shall be provided accelerated instruction required
by the TEC, 28.0211 and 39.025(b-1), as specified in 101.2006 of
this title.
(d) A student in Grade 5 or Grade 8 may not be denied promo-
tion to the next grade on the basis of failure to perform satisfactorily
on a reading or mathematics assessment instrument intended for use
above the student's grade level.
101.2003. Grade Advancement Testing Requirements.
(a) Except in cases where a student is testing above grade level
as specified in the Texas Education Code (TEC), 28.0211(o), each
school district and charter school shall test eligible students in accor-
dance with the grade advancement requirements for the grades and sub-
jects specified in the TEC, 28.0211(a). The assessment grade promo-
tion requirements of the TEC, 28.0211(a), shall be in effect beginning
with the 2012-2013 school year. These requirements apply to the fol-
lowing assessment instruments under the TEC, 39.023(a), (b), and (1):PROPOSED RULES November 22, 2013 38 TexReg 8341
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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/m1/29/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.