Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,347
8313-8478 p. ; 28 cm.View a full description of this periodical.
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The proposed rule actions would reduce the procedural and re-
porting implications that apply to all Texas students with respect
to implementation of the state's assessment program.
The proposed rule actions would reduce the paperwork required
and maintained by school districts, language proficiency assess-
ment committees, and/or admission, review, and dismissal com-
mittees in making and tracking assessment and accommodation
decisions for Texas students, parent notification, 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. 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), 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; HB 5,
Section 36, 83rd Texas Legislature, Regular Session, 2013,
which authorizes the commissioner to adopt rules requiring
a student participating in the foundation high school program
under the TEC, 28.025, to be administered each end-of-course
assessment instrument listed in the TEC, 39.023(c), beginning
with the 2014-2015 school year; and HB 5, Section 79, 83rd
Texas Legislature, Regular Session, 2013, which authorizes
the commissioner to adopt a transition plan to implement the
amendments made by HB 5 relating to end-of-course testingrequirements during the 2013-2014 and 2014-2015 school
years.
The amendments implement the TEC, 39.023 and 39.025, as
amended by HB 5, 83rd Texas Legislature, Regular Session,
2013; and HB 5, Sections 36 and 79, 83rd Texas Legislature,
Regular Session, 2013.
101.3021. Required Participation in Academic Content Area As-
sessments [anmd course Grading.
(a) Beginning with students first enrolled in Grade 9 in the
2011-2012 school year, a student enrolled in a course for which an
end-of-course (EOC) assessment exists as required by the Texas Edu-
cation Code (TEC), 39.023(c), shall take the appropriate assessment.
(b) A student is required to meet the EOC assessment gradu-
ation requirements of 101.3022 of this title (relating to Assessment
[and (umulative Score] Requirements for Graduation [the Mini.um
Reomedd .and Distinguished Ahievement High Seheel Pre-
grams]) to receive a Texas diploma if a student:
-) is accelerated for an academic content area based on a
esult from an approved credit by examination as specified in 974-24 ef
this title (relating to edit by Examination) for which there is an EOG
assessment as listed in the TEC 39.03().
1(A) If a student recei-es course credit by the methods
pecifed in this paragraph the udent shall be administered the appre-
priate EOG assessment under the T 39.023( duing the next ad-
ministration of that assessment The F C assessment result will count
toward the student's assessment graduation requirements as specified
in 10!.3022 of this title]
(B) An O assessment in the T 39. O23( can-
not e used for purposes of 724 of this title;
(1) [(2)] is participating in a distance-learning or corre-
spondence course as outlined in 74.23 of this title (relating to Corre-
spondence Courses and Distance Learning) for which there is an EOC
assessment as listed in the TEC, 39.023(c)[: The 5% course grade
requirement as required by the 39.023(c, and specified in sub-
seetion () of this seeticn shall apply to a student partieijating in a
distanee-learning r correspondence course]; or
(2) [{-3)] is participating in a dual-credit course as speci-
fied in 74.25 of this title (relating to High School Credit for College
Courses) for which there is an EOC assessment as listed in the TEC,
39.023(c). [The 45 course grade requirement as required by the
TE 39.023(, and specified in subsection (c) ofthis section shall
apply to a student 4ti i ating in a dual-credit course.]
(c) An EOC assessment administered under the TEC,
39.023(c), cannot be used for purposes of credit by examination as
specified in 74.24 of this title (relating to Credit by Examination).
(e) As required by the 39.023) school districts are
required to instute a policy by which a student k ~ score on an assess-
ment listed in the T 39O23(c, shal aeeount for 1% f f thatu-
dent's final grade in the course A school district is not required to ase
a student's score on a subsequent retest administration to determine the
student's ft l gtrade fer that ourse. The 45% ourse grade requirement
of this subhapter shall not apply for the following]
[() a student receiving special dueati n series tender
the Tf-t fhpter 3 Sbchapter A, w is ad i; tere an alternate
assessment as specified by the P@-, '49tr, , and]
(2) an english language learner administered an English
I or English 4 EOG assessment who meets the criteria specified inPROPOSED RULES November 22, 2013 38 TexReg 8347
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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/m1/35/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.