Texas Register, Volume 42, Number 43, Pages 5913-6056, October 27, 2017 Page: 5,979
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student answer documents in their preparation and administra-
tion; TEC, 39.0301, which requires the commissioner to estab-
lish procedures for the administration of the state's assessment
instruments, including procedures designed to ensure the se-
curity of those assessments, specifies that the procedures the
commissioner is required to establish must, to the extent pos-
sible, minimize disruptions to school operations and classroom
environment, and stipulates that school districts must also min-
imize disruptions to school operations and the classroom envi-
ronment when implementing the required assessment adminis-
tration procedures; and TEC, 39.0304, which authorizes the
commissioner to adopt rules to require training for school district
employees involved in the administration of the state's assess-
ments. This training may include qualifying components to en-
sure the school district personnel involved in an administration of
the state's assessments possess the necessary knowledge and
skills required to securely and reliably administer those assess-
ments.
CROSS REFERENCE TO STATUTE. The amendment im-
plements the Texas Education Code, 26.010, 39.023(a),
39.025(a), 39.030(a), 39.0301, and 39.0304.
101.3031. Required Test Administration Procedures and Training
Activities to Ensure Validity, Reliability, and Security ofAssessments.
(a) Purpose. To ensure that each assessment instrument is reli-
able and valid and meets applicable federal requirements for measure-
ment of student progress, the commissioner of education shall establish
test administration procedures and required training activities that sup-
port the standardization and security of the test administration process.
(b) Test administration procedures. These test administration
procedures shall be delineated in the test administration materials pro-
vided to school districts and charter schools annually. Districts and
charter schools must comply with all of the applicable requirements
specified in the test administration materials. Test administration ma-
terials shall include, but are not limited to, the following:
(1) general testing program information;
(2) requirements for ensuring test security and confiden-
tiality described in the 2018 [2-01-7] Test Security Supplement provided
in this paragraph;
Figure: 19 TAC 101.3031(b)(2)
[Figure: 4-9 TAG -4 334(b)(2)]
(3) procedures for test administration;
(4) responsibilities of personnel involved in test adminis-
tration; and
(5) procedures for materials control.
(c) Training activities. As part of the test administration proce-
dures, the commissioner shall require training activities to ensure that
testing personnel have the necessary skills and knowledge required to
administer assessment instruments in a valid, standardized, and secure
manner. The commissioner may require evidence of successful com-
pletion of training activities. Test coordinators and administrators must
receive all applicable training as required in the test administration ma-
terials.
(d) Records retention. As part of test administration pro-
cedures, the commissioner shall require school districts and charter
schools to maintain records related to the security of assessment
instruments for [a minimum of] five years.
(e) Applicability. The test administration procedures and re-
quired training activities established in the annual test security supple-ments for prior years remain in effect for all purposes with respect to
the prior year to which it applies.
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 October 16,
2017.
TRD-201704140
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: November 26, 2017
For further information, please call: (512) 475-1497
CHAPTER 102. EDUCATIONAL PROGRAMS
SUBCHAPTER JJ. COMMISSIONER'S RULES
CONCERNING INNOVATION DISTRICT
19 TAC 102.1307, 102.1309
The Texas Education Agency (TEA) proposes amendments to
102.1307 and 102.1309, concerning innovation districts. The
proposed amendments would reflect changes made by Senate
Bill (SB) 1566 and SB 463, 85th Texas Legislature, Regular Ses-
sion, 2017.
Through 19 TAC Chapter 102, Subchapter JJ, adopted effective
September 13, 2016, the commissioner exercised rulemaking
authority relating to the applicable processes and procedures for
innovation districts.
Section 102.1307, Adoption of Local Innovation Plan, addresses
the requirements and procedures for a district's initial adoption of
a local innovation plan. SB 1566, 85th Texas Legislature, Reg-
ular Session, 2017, added the TEC, 12A.0071, to require that
a district of innovation post a copy of the innovation plan promi-
nently on the district website and, within 15 days of adoption,
amendment, or renewal, provide the TEA with a copy of the plan
for posting on the agency website. The proposed amendment
to 102.1307 would add new subsections (f) and (g) to address
these requirements.
Section 102.1309, Prohibited Exemptions, specifies the statu-
tory provisions from which districts of innovation may not ex-
empt themselves. SB 463, 85th Texas Legislature, Regular Ses-
sion, 2017, added the TEC, 28.02541, to provide alternative
graduation requirements for certain students. Since the TEC,
12A.004, prohibits exemptions from graduation requirements,
the proposed amendment to 102.1309 would add the TEC,
28.02541, to the list of prohibited exemptions in subsection
(a)(1)(C).
FISCAL NOTE. A.J. Crabill, deputy commissioner for gover-
nance, has determined that for the first five-year period the
amendments are in effect, there will be no fiscal implications
for state or local government as a result of enforcing or admin-
istering the amendments. There is no effect on local economy
for the first five years that the proposed amendments are in
effect; therefore, no local employment impact statement is
required under Texas Government Code, 2001.022. The pro-
posed amendments do not impose a cost on regulated personsPROPOSED RULES October 27, 2017 42 TexReg 5979
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Texas. Secretary of State. Texas Register, Volume 42, Number 43, Pages 5913-6056, October 27, 2017, periodical, October 27, 2017; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth897027/m1/67/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.