Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,344
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(d) Whenever the district is required to notify a parent or
guardian about the requirements related to promotion and accelerated
instruction under 101.2006 of this title for students at risk of reten-
tion, including the notification requirements for the Grade Placement
Committee under 101.2007 of this title (relating to Role of Grade
Placement Committee), the district shall make a good faith effort to
ensure that the notice is provided either in person or by regular mail,
is clear and easy to understand, and is written in English or in the
parent's or guardian's native language.
101.2017. Scoring and Reporting.
In accordance with 101.3014 [1081] of this title (relating to Scor-
ing and Reporting), the scoring contractor will provide school districts
with the results of the assessments required by the Texas Education
Code, 28.0211, or, if applicable, the results of the alternate assessment
specified in 101.2011 of this title (relating to Alternate Assessment),
within ten working days following the receipt of the test materials from
the school district or charter school.
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-201305164
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 CC. COMMISSIONER'S
RULES CONCERNING IMPLEMENTATION OF
THE ACADEMIC CONTENT AREAS TESTING
PROGRAM
DIVISION 1. IMPLEMENTATION OF
ASSESSMENT INSTRUMENTS
19 TAC 101.3011, 101.3014
The Texas Education Agency (TEA) proposes amendments to
101.3011 and 101.3014, concerning assessment. The sec-
tions address implementation of assessment instruments. The
proposed amendments would reflect changes made to the state
assessment program by House Bill (HB) 5, 83rd Texas Legisla-
ture, Regular Session, 2013.
HB 5, 83rd Texas Legislature, Regular Session, 2013, made
changes to the state's assessment program relating to required
assessments, the reporting of assessment results, and federal
requirements. The proposed amendments to 19 TAC Chapter
101, Subchapter CC, Division 1, would align the rules with the re-
cent statutory changes as well as federal accountability require-
ments.
The proposed amendment to 101.3011, Implementation and
Administration of Academic Content Area Assessment Instru-
ments, would specify in subsection (a) that, except as required
for federal accountability purposes, a Grade 3-8 student would
not participate in a grade-level assessment if the student is en-
rolled in a course or subject intended for students in a highergrade or is taking a course for high school credit and would be
administered an assessment for that course or subject. The
proposed amendment would allow a district to double-test cer-
tain students taking a State of Texas Assessments of Academic
Readiness (STAAR) end-of-course (EOC) assessment for fed-
eral accountability purposes.
Current federal accountability requirements specify that students
have a mathematics score every year in Grades 3-8 as well as a
mathematics score in high school. The U.S. Department of Ed-
ucation (USDE) requires states that offer only one mathematics
assessment at the high school level--which can also be taken by
middle school students--to ensure there is a mathematics result
that can be attributed to a high school.
Based on this federal requirement and the related Texas Edu-
cation Code (TEC), 39.023(a-2), as amended by HB 5, 83rd
Texas Legislature, Regular Session, 2013, districts would need
to administer multiple mathematics assessments to students tak-
ing Algebra I in middle school (or earlier) or accept the potential
federal accountability consequences of testing these students
only on Algebra I. By administering the Algebra I and grade-level
assessments to students taking Algebra I prior to high school,
assessment results for the current grade level (e.g., STAAR
Grade 8 mathematics score) can be used for federal account-
ability purposes at the current campus, while STAAR Algebra
I results can be applied in a subsequent year at the high school
campus.
The proposed amendment to 101.3011(b) would clarify that, as
allowed by 34 Code of Federal Regulations, 200.6, the TEA
will administer modified assessments under TEC, 39.023(b).
The USDE has filed proposed rules that state that assessments
based on modified standards for students served by special edu-
cation cannot be used for accountability purposes after the 2013-
2014 school year.
Other proposed revisions to 101.3011 would include amending
subsection (a) to specify that TEA would administer district-op-
tional assessments for Algebra II and English III as allowed un-
der the TEC, 39.0238(a); removing the 15% course grade re-
quirement for EOC assessments; and removing references to
assessments repealed by HB 5, 83rd Texas Legislature, Regu-
lar Session, 2013. The district-optional assessments for Algebra
II and English Ill would first be administered in spring 2016.
Section 101.3014, Scoring and Reporting, would be amended to
align with the TEC, 39.023(h), as amended by HB 5, 83rd Texas
Legislature, Regular Session, 2013. The amendment would re-
quire the agency's test contractor to report the machine-scorable
assessment results, with appropriate interpretations, to school
districts and charter schools within 21 days of receiving test ma-
terials from a district or charter school. Such reporting would
be required to be in compliance with the confidentiality require-
ments of the TEC, 39.030. Because essays and short answer
responses on the state's assessments are hand-scored, the pro-
posed amendment excludes assessments with constructed re-
sponses from the 21-day reporting requirement. The amend-
ment would also require a school district or charter school to dis-
close a student's assessment results to a student's teacher in
the same subject area as the assessment for that school year.
The proposed rule actions would have no procedural and report-
ing implications beyond those that apply to all Texas students
with respect to implementation of the state's assessment pro-
gram.38 TexReg 8344 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/m1/32/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.