Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,345
8313-8478 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
The proposed rule actions would have minimal effect on the pa-
perwork required and maintained by school districts, language
proficiency assessment committees, and/or admission, review,
and dismissal committees in making and tracking assessment
and accommodation decisions for Texas students, parent notifi-
cation, and reporting of results.
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 update the
Texas Administrative Code to reflect changes made to the as-
sessment program by HB 5, 83rd Texas Legislature, Regular
Session, 2013. The proposed changes would also account for
federal accountability reporting requirements as well as USDE
directives about the use of modified assessments. There is no
anticipated economic cost to persons who are required to com-
ply 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), 7.021, which authorizes the agency to administer and
monitor compliance with education programs required by federal
or state law; TEC, 39.023(a-2), as amended by House Bill (HB)
5, 83rd Texas Legislature, Regular Session, 2013, which speci-
fies that, unless federally required, a student is not required to be
administered a grade-level assessment if the student is enrolled
in either: (1) a course in the subject for which the student re-
ceives high school academic credit and will be administered an
end-of-course assessment adopted under the TEC, 39.023(c),
for the subject; or (2) a course in the subject intended for stu-
dents above the student's grade level and will be administered
an assessment instrument adopted under the TEC, 39.023(a),
that aligns with the curriculum for the course in which the stu-
dent is enrolled; TEC, 39.023(c), as amended by HB 5, 83rd
Texas Legislature, Regular Session, 2013, which authorizes the
agency to adopt end-of-course assessment instruments for sec-
ondary-level courses identified in the TEC, 39.023(c); TEC,
39.023(h), as amended by HB 5, 83rd Texas Legislature, Reg-
ular Session, 2013, which requires the agency to notify school
districts and campuses of machine-scored assessment results
not later than the 21st day after the assessment is administered
and specifies that a district must disclose assessment results to
teachers of subjects for which an assessment has been admin-
istered; TEC, 39.0238, as added by HB 5, 83rd Texas Legis-
lature, Regular Session, 2013, which authorizes the agency toadopt or develop appropriate postsecondary readiness assess-
ment instruments for Algebra II and English Ill that a school dis-
trict may administer at the district's option beginning in spring
2016; and 34 Code of Federal Regulations (CFR), 200.6, which
authorizes the state to develop a new alternate assessment or
adapt an assessment based on grade-level academic achieve-
ment standards to assess students with disabilities based on
modified academic achievement standards.
The amendments implement the TEC, 7.021; TEC, 39.023(a-
2), (c), and (h), as amended by HB 5, 83rd Texas Legislature,
Regular Session, 2013; TEC, 39.0238, as added by HB 5, 83rd
Texas Legislature, Regular Session, 2013; and 34 CFR, 200.6.
101.3011. Implementation andAdministration ofAcademic Content
Area Assessment Instruments.
(a) The Texas Education Agency (TEA) shall administer
each assessment instrument under the Texas Education Code (TEC),
39.023(a), (b), (c), and (1), and 39.0238, in accordance with the
rules governing the assessment program set forth in Chapter 101 of
this title (relating to Assessment).
(1) Except as required for purposes of federal accountabil-
ity as allowed by subsection (e) of this section, a [A] Grade 3-8 student
shall not be administered a grade-level assessment if the student:
(A) is enrolled in a course or subject intended for stu-
dents above the student's enrolled grade level and will be adminis-
tered a grade-level assessment instrument developed under the TEC,
39.023(a), that aligns with the curriculum for that course or subject
within the same content area; or
(B) is enrolled in a course for high school credit in a
subject intended for students above the student's enrolled grade level
and will be administered an end-of-course assessment instrument de-
veloped under the TEC, 39.023(c), that aligns with the curriculum for
that course or subject within the same content area.
(2) A student is only eligible to take an assessment instru-
ment intended for use above the student's enrolled grade if the student
is receiving instruction in the entire curriculum for that subject.
(3) As specified in the TEC, 28.0211(p), a Grade 5 or 8
student described by paragraph (1)(A) or (B) of this subsection may not
be denied promotion on the basis of failure to perform satisfactorily on
an assessment instrument above the student's grade level.
(b) As allowed by 34 Code of Federal Regulations, 200.6, the
[The] TEA shall administer alternative assessment instruments under
the TEC, 39.023(b), that correspond to:
(1) the assessment instruments required under the TEC,
39.023(a); and
(2) the following assessment instruments required under
the TEC, 39.023(c): English I, English II, [and Eglish ,] Alge-
bra I, [and omtry;] biology, ; ,and , wod,,cg y ,wold t history,]
and U.S. history.
(c) The TEA shall administer each appropriate assessment un-
der the TEC, 39.023, as that section existed before amendment by
Senate Bill 1031, 80th Texas Legislature, 2007.
(d) Test administration procedures shall be established by the
TEA in the applicable test administration materials. A school district,
an open-enrollment charter school, or a private school administering
the tests required by the TEC, Chapter 39, Subchapter B, shall follow
procedures specified in the applicable test administration materials.
(e) In accordance with House Bill 411, Section 5, 78th Texas
Legislature, 2003, this subsection is adopted by the commissioner ofPROPOSED RULES November 22, 2013 38 TexReg 8345
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
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/m1/33/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.