Texas Administrative Code Title 19

Education: As effective August 6, 2010

Chapter 101

Subchapter A

§101.1: Scope of Rules

(a) The State Board of Education (SBOE) shall:

(1) create and implement the statewide assessment program to ensure the program supports the goals of education as specified in the Texas Education Code (TEC); and

(2) establish goals for the statewide assessment program.

(b) When adopting rules, the SBOE shall maintain the stability of the statewide assessment program to the greatest extent possible in accordance with the TEC, Chapter 39, Subchapter B.

(c) The statewide assessment program consists of the following criterion-referenced tests:

(1) the assessment of academic skills in English and Spanish for the grades and subjects as specified in the TEC, Chapter 39, Subchapter B;

(2) the alternative assessment of academic skills for eligible students receiving special education services as specified in the TEC, Chapter 39, Subchapter B;

(3) the assessments required for graduation as specified in the TEC, Chapter 39, Subchapter B; and

(4) the reading proficiency tests in English for eligible limited English proficient students as specified in the TEC, Chapter 39, Subchapter B.

Comments

Source Note: The provisions of this §101.1 adopted to be effective November 15, 2001, 26 TexReg 9088

§101.3: Policy

(a) The goal of the statewide assessment program is to provide all eligible Texas students an appropriate statewide assessment that measures and supports their achievement of the essential knowledge and skills of the state-mandated curriculum.

(b) To maximize its effectiveness for educators and students, the statewide assessment program shall be based on the following quality standards.

(1) Tests shall be aligned to the essential knowledge and skills of the state-mandated curriculum in all subject areas tested.

(2) Tests shall be reliable and valid measures of the essential knowledge and skills and shall be administered in a standardized manner.

(3) Test results at the student, campus, district, regional, and state levels shall be reported in a timely and accurate manner.

Comments

Source Note: The provisions of this §101.3 adopted to be effective August 15, 2002, 27 TexReg 7106

§101.5: Student Testing Requirements

(a) Every student receiving instruction in the essential knowledge and skills shall take the appropriate criterion-referenced assessments, as required by the Texas Education Code (TEC), Chapter 39, Subchapter B.

(b) A student receiving special education services under the TEC, Chapter 29, Subchapter A, enrolled in Grades 3-11 and who is receiving instruction in the essential knowledge and skills, shall take the assessment of academic skills unless the student's admission, review, and dismissal (ARD) committee determines that it is an inappropriate measure of the student's academic progress as outlined in the student's individualized education program (IEP). If the student's ARD committee determines that the assessment of academic skills is an inappropriate measure of the student's academic progress in one or more subjects, the student shall take the alternate assessment of academic skills in the subject or subjects. Each testing accommodation shall be documented in the student's IEP in accordance with 34 Code of Federal Regulations (CFR) §300.347(a)(5)(i) and (ii), relating to the content of the IEP and participation in statewide or districtwide assessments.

(c) In Grades 3-12, a limited English proficient (LEP) student, as defined by the TEC, Chapter 29, Subchapter B, shall participate in the assessments as required by this section and Subchapter AA of this chapter (relating to Commissioner's Rules Concerning the Participation of Limited English Proficient Students in State Assessments). In Grades 3-5, the language proficiency assessment committee (LPAC) shall determine whether a nonexempt LEP student whose primary language is Spanish will take the assessment of academic skills in English or in Spanish. The decision as to the language of the assessment shall be based on the assessment that will provide the most appropriate measure of the student's academic progress.

(d) A foreign exchange student who has waived in writing his or her intention to receive a Texas high school diploma may be excused from the assessment requirement as specified in the TEC, Chapter 39, Subchapter B.

Comments

Source Note: The provisions of this §101.5 adopted to be effective November 15, 2001, 26 TexReg 9088; amended to be effective March 23, 2005, 30 TexReg 1632; amended to be effective December 23, 2009, 34 TexReg 9200

§101.7: Testing Requirements for Graduation

(a) To be eligible to receive a high school diploma, a student must demonstrate satisfactory performance as determined by the commissioner of education on the assessments required for graduation as specified in the Texas Education Code (TEC), Chapter 39, Subchapter B.

(1) To fulfill the testing requirements for graduation, a student must be tested by either a Texas school district, Texas education service center, open-enrollment charter school, the Texas Education Agency (TEA), or other individual or organization designated by the commissioner of education.

(2) On the tests required for graduation, a student shall not be required to demonstrate performance at a standard higher than the one in effect when he or she was first eligible to take the test.

(b) Beginning with the 2003-2004 school year, students who were enrolled in Grade 8 or a lower grade on January 1, 2001, must fulfill testing requirements for graduation with the Grade 11 exit level tests, as specified in the TEC, §39.023(c), as that section existed before amendment by Senate Bill 1031, 80th Texas Legislature, 2007.

(c) A student receiving special education services under the TEC, Chapter 29, Subchapter A, who successfully completes the requirements of his or her individualized education program (IEP) shall receive a high school diploma.

(d) According to procedures specified in the applicable test administration materials, an eligible student or out-of-school individual who has not met graduation requirements may retest on a schedule determined by the commissioner of education.

Comments

Source Note: The provisions of this §101.7 adopted to be effective November 15, 2001, 26 TexReg 9088; amended to be effective March 23, 2005, 30 TexReg 1632; amended to be effective December 23, 2009, 34 TexReg 9200

§101.9: Grade Advancement Requirements

Each school district and charter school shall test eligible students in accordance with the grade advancement requirements as specified in the Texas Education Code (TEC), §28.0211(a). These requirements pertain to the reading and mathematics assessments at Grade 5 and Grade 8.

(1) The Texas Education Agency shall provide three opportunities for the assessments required for grade advancement as specified in the TEC, §28.0211(b). The commissioner of education shall specify the dates of these administrations in the assessment calendar.

(2) A school district or charter school shall provide accelerated instruction for students who fail to demonstrate satisfactory performance as specified in the TEC, §28.0211(a-1) and (c).

(3) The commissioner of education shall approve the assessments for local use by school districts or charter schools as provided under the TEC, §28.0211(b).

Comments

Source Note: The provisions of this §101.9 adopted to be effective November 15, 2001, 26 TexReg 9088; amended to be effective March 23, 2005, 30 TexReg 1632; amended to be effective December 23, 2009, 34 TexReg 9200

§101.11: Remediation

(a) Each school district and charter school shall provide remediation for students in the third, fourth, fifth, sixth, seventh, or eighth grade who fail to demonstrate satisfactory performance on any section of the assessments of academic skills, as required by the Texas Education Code (TEC), §28.0211(a-1) and (a-2) and §28.0213.

(b) As authorized under the TEC, §39.0241(c), the Texas Education Agency may develop summer remediation study guides to help parents in providing assistance to students who do not perform satisfactorily on one or more parts of the assessments of academic skills specified in the TEC, §39.023(a) and (c). Each school district and charter school shall make available any summer remediation study guides in the manner most effective for them, and shall observe the requirements for maintaining confidentiality of student assessment results.

Comments

Source Note: The provisions of this §101.11 adopted to be effective November 15, 2001, 26 TexReg 9088; amended to be effective March 23, 2005, 30 TexReg 1632; amended to be effective December 23, 2009, 34 TexReg 9200

§101.13: Notice to Students and Parents

(a) The superintendent of each school district and chief administrative officer of each charter school shall be responsible for the following in order to provide timely and full notification of graduation requirements:

(1) notifying each student and his or her parent or guardian in writing no later than the beginning of the student's seventh-grade year of the testing requirements for graduation;

(2) notifying each student in Grades 7-12 new to the school district or charter school and his or her parent or guardian in writing of the testing requirements for graduation; and

(3) notifying each student who shall take the tests required for graduation and his or her parent or guardian, as well as out-of-school individuals, of the dates, times, and locations of testing.

(b) The superintendent of each school district and chief administrative officer of each charter school shall be responsible for the following in order to provide timely and full notification of testing requirements for advancement at certain grades:

(1) notifying each student and his or her parent or guardian in writing no later than the beginning of the student's first-grade year or no later than the beginning of the student's kindergarten year, for students attending kindergarten in a public school, of the testing requirements for grade advancement as specified in the Texas Education Code (TEC), §28.0211;

(2) notifying each student in Grades 1-8 who is new to the school district or charter school and his or her parent or guardian in writing of the testing requirements for grade advancement; and

(3) notifying each student required to take the grade advancement tests of the dates, times, and locations of testing.

Comments

Source Note: The provisions of this §101.13 adopted to be effective November 15, 2001, 26 TexReg 9088

Subchapter B

§101.21: Test Development

(a) Texas educators shall assist Texas Education Agency staff in developing test objectives, assessment guidelines, and test items. Advisory committees composed of Texas educators shall reflect the diversity of the state by region, ethnicity, gender, and type and size of school district.

(b) The commissioner of education shall ensure that each criterion-referenced test developed under the Texas Education Code (TEC), Chapter 39, Subchapter B, meets accepted standards for educational testing.

(c) Each public school and charter school shall assist with field-testing and other activities necessary to implement the requirements of the TEC, Chapter 39, Subchapter B.

Comments

Source Note: The provisions of this §101.21 adopted to be effective November 15, 2001, 26 TexReg 9088

§101.25: Schedule

(a) The commissioner of education shall specify the schedule for testing and field testing that supports reliable and valid assessments.

(b) The superintendent of each school district or chief administrative officer of each charter school and any private school administering the tests as allowed under the Texas Education Code (TEC), §39.033, shall be responsible for administering tests.

(c) The commissioner of education may provide alternate dates for the administration of tests required for a high school diploma to students who are migratory children, as defined in the TEC, §39.029, and who are out of the state.

(d) Participation in University Interscholastic League area, regional, or state competitions is prohibited on any days on which testing is scheduled between Monday and Thursday of the school week in which the primary administration of assessment instruments under TEC, §39.023(a), (c), or (l) occurs.

Comments

Source Note: The provisions of this §101.25 adopted to be effective November 15, 2001, 26 TexReg 9088; amended to be effective May 28, 2006, 31 TexReg 4196

§101.27: Administrative Procedures

(a) Test administration procedures shall be established by the Texas Education Agency (TEA) in the applicable test administration materials.

(b) A school district, charter school, or private school administering the tests required by the Texas Education Code (TEC), Chapter 39, Subchapter B, shall follow procedures specified in the applicable test administration materials.

(c) The superintendent of each school district and chief administrative officer of each charter school or private school administering tests required by TEC, Chapter 39, Subchapter B, shall be responsible for:

(1) maintaining the integrity of the test administration process; and

(2) ensuring that every test administrator receives at least annual training in these procedures as provided by the TEA through the education service centers.

Comments

Source Note: The provisions of this §101.27 adopted to be effective November 15, 2001, 26 TexReg 9088

§101.29: Accommodations

(a) Testing accommodations on the assessments administered under the Texas Education Code (TEC), Chapter 39, Subchapter B, are permitted for any student unless they would make a particular test invalid. Decisions regarding testing accommodations shall take into consideration the needs of the student and the accommodations the student routinely receives in classroom instruction.

(b) For a student receiving special education services, the admission, review, and dismissal (ARD) committee shall determine the allowable accommodations necessary for the student to take the assessments administered under the TEC, Chapter 39, Subchapter B, and shall document them in the student's individualized education program.

(c) Permissible testing accommodations shall be described in the appropriate test administration materials.

Comments

Source Note: The provisions of this §101.29 adopted to be effective November 15, 2001, 26 TexReg 9088

§101.31: Private Schools

(a) A private school administering the assessments under the Texas Education Code (TEC), Chapter 39, Subchapter B, shall follow procedures specified in the applicable test administration materials. Each private school shall maintain test security and confidentiality as delineated in the TEC, §39.030.

(b) A private school administering the assessments under the TEC, Chapter 39, Subchapter B, shall reimburse the Texas Education Agency for each assessment administered. The per-student cost may not exceed the cost of administering the same assessment to a student enrolled in a school district.

(c) A private school administering the assessments under the TEC, Chapter 39, Subchapter B, shall provide to the commissioner of education, as required by law and determined appropriate by the commissioner, academic excellence indicator information described in the TEC, §39.053(c) and §39.301(c). For indicator information defined and collected through the Public Education Information Management System (PEIMS), private schools shall follow the PEIMS Data Standards.

Comments

Source Note: The provisions of this §101.31 adopted to be effective November 15, 2001, 26 TexReg 9088; amended to be effective December 23, 2009, 34 TexReg 9200

§101.33: Release of Tests

Beginning in 2009 with the 2008-2009 school year and each subsequent third school year, the Texas Education Agency shall release all test items and answer keys only for primary administration assessment instruments administered under the Texas Education Code, §39.023(a), (b), (c), (d), and (l). In the nonrelease years, a set of representative field test items that are at least four years old and that are no longer eligible for inclusion on a subsequent test form will be released.

Comments

Source Note: The provisions of this §101.33 adopted to be effective November 15, 2001, 26 TexReg 9088; amended to be effective October 12, 2003, 28 TexReg 8607; amended to be effective June 6, 2004, 29 TexReg 5343; amended to be effective December 25, 2005, 30 TexReg 8682; amended to be effective October 21, 2008, 33 TexReg 8643; amended to be effective December 23, 2009, 34 TexReg 9200

Subchapter C

§101.61: Security of Tests

The statewide assessment program as defined by the Texas Education Code (TEC), Chapter 39, Subchapter B, is a secure testing program. Procedures for maintaining security shall be specified in the appropriate test administration materials. Secure test materials must be accounted for before, during, and after each test administration. Only authorized personnel may have access to secure test materials.

Comments

Source Note: The provisions of this §101.61 adopted to be effective November 15, 2001, 26 TexReg 9088

§101.63: Confidentiality

The contents of each test booklet and answer document are confidential in accordance with the Texas Government Code, Chapter 551, and the Family Educational Rights and Privacy Act of 1974. Individual student performance results are confidential as specified under the Texas Education Code (TEC), §39.030(b).

Comments

Source Note: The provisions of this §101.63 adopted to be effective November 15, 2001, 26 TexReg 9088

§101.65: Penalties

(a) Violation of security or confidential integrity of any test required by the Texas Education Code (TEC), Chapter 39, Subchapter B, shall be prohibited.

(b) A person who engages in conduct prohibited by this section may be subject to sanction of credentials.

(c) Charter school test administrators are not required to be certified; however, any irregularity in the administration of any test required by the TEC, Chapter 39, Subchapter B, would cause the charter itself to come under review by the commissioner of education for possible sanctions or revocation, as provided under the TEC, §12.115(a)(4).

(d) Procedures for maintaining the security and confidential integrity of a test shall be specified in the appropriate test administration materials. Conduct that violates the security and confidential integrity of a test is defined as any departure from the test administration procedures established by the commissioner of education. Conduct of this nature may include the following acts and omissions:

(1) duplicating secure examination materials;

(2) disclosing the contents of any portion of a secure test;

(3) providing, suggesting, or indicating to an examinee a response or answer to a secure test item or prompt;

(4) changing or altering a response or answer of an examinee to a secure test item or prompt;

(5) aiding or assisting an examinee with a response or answer to a secure test item or prompt;

(6) encouraging or assisting an individual to engage in the conduct described in paragraphs (1)-(5) of this subsection; or

(7) failing to report to an appropriate authority that an individual has engaged in conduct outlined in paragraphs (1)-(6) of this subsection.

(e) Any person who violates, assists in the violation of, or solicits another to violate or assist in the violation of test security or confidential integrity, and any person who fails to report such a violation are subject to the following penalties:

(1) placement of restrictions on the issuance, renewal, or holding of a Texas teacher certificate, either indefinitely or for a set term;

(2) issuance of an inscribed or non-inscribed reprimand;

(3) suspension of a Texas teacher certificate for a set term; or

(4) revocation or cancellation of a Texas teacher certificate without opportunity for reapplication for a set term or permanently.

(f) Any irregularities in test security or confidential integrity may also result in the invalidation of student results.

(g) The superintendent and campus principal of each school district and chief administrative officer of each charter school and any private school administering the tests as allowed under the TEC, §39.033, shall develop procedures to ensure the security and confidential integrity of the tests specified in the TEC, Chapter 39, Subchapter B, and shall be responsible for notifying the Texas Education Agency in writing of conduct that violates the security or confidential integrity of a test administered under the TEC, Chapter 39, Subchapter B. Failure to report can subject the person responsible to the applicable penalties specified in this section.

Comments

Source Note: The provisions of this §101.65 adopted to be effective November 15, 2001, 26 TexReg 9088

Subchapter D

§101.81: Scoring and Reporting

(a) The superintendent of a school district or chief administrative officer of each charter school shall accurately report all test results as required by the Texas Education Code (TEC), §39.030, with appropriate interpretations, to the school district board of trustees according to the schedule in the applicable test administration materials.

(b) A school district, charter school, or private school that administers criterion-referenced tests under the TEC, Chapter 39, Subchapter B, shall notify each of its students and his or her parent or guardian of test results, observing confidentiality requirements in the TEC, §39.030.

(c) All test results shall be included in each student's academic achievement record and shall be furnished for each student transferring to another school district, charter school, or private school.

(d) The scoring contractor will provide school districts with the results of the machine-scorable assessments administered as required by the TEC, §28.0211, within a ten-day period following the receipt of the test materials from the school district or charter school.

Comments

Source Note: The provisions of this §101.81 adopted to be effective November 15, 2001, 26 TexReg 9088

§101.83: National Comparative Data

(a) In accordance with the Texas Education Code (TEC), §39.028, the commissioner of education shall develop a schedule to obtain nationally comparative results for the grades and subject areas for which assessments of academic skills are adopted under TEC, §39.023.

(b) The Texas Education Agency will use sampling and other techniques to minimize the disruption to schools and loss of instructional time required of school districts to obtain nationally comparative data.

(c) The nationally comparative data will be collected by using nationally recognized instruments for obtaining valid and reliable normative data from a sample of Texas students.

Comments

Source Note: The provisions of this §101.83 adopted to be effective November 15, 2001, 26 TexReg 9088

Subchapter E

§101.101: Group-Administered Tests

(a) An assessment instrument required under the Texas Education Code (TEC), §39.032, is defined as any district-commissioned achievement test, either nationally normed or criterion-referenced, that is group administered and reported publicly (e.g., to the local board of trustees) in the aggregate. A test given for a special purpose, such as program placement or individual evaluation (e.g., a spelling test, a diagnostic test such as a reading inventory or interim benchmark assessment, or a released statewide assessment instrument), is not included in this definition. The commissioner of education shall provide annually to school districts and charter schools a list of state-approved, norm-referenced group-administered achievement tests that test publishers certify meet the requirements of TEC, §39.032.

(b) A company or organization scoring a test defined in subsection (a) of this section shall send test results to the school district for verification. The school district shall have 90 days to verify the accuracy of the data and report the results to the school district board of trustees.

(c) State and national averages for an assessment instrument under this section must be computed using data that are not more than eight years old at the time the assessment instrument is administered and that are representative of the group of students to whom the assessment instrument is administered. This eight-year limitation does not apply if only data older than eight years are available for an assessment instrument.

(d) To maintain the security and confidentiality of group-administered achievement tests, school districts and charter schools shall follow the applicable procedures for test security and confidentiality delineated in Subchapter C of this chapter (relating to Security and Confidentiality).

Comments

Source Note: The provisions of this §101.101 adopted to be effective November 15, 2001, 26 TexReg 9088; amended to be effective December 7, 2003, 28 TexReg 10940; amended to be effective April 21, 2010, 35 TexReg 3030

Subchapter AA

§101.1001: English Language Proficiency Assessments

In kindergarten through Grade 12, limited English proficient students, as defined by the Texas Education Code, Chapter 29, Subchapter B, shall be administered state-identified English language proficiency assessments annually in listening, speaking, reading, and writing to fulfill state requirements under the Texas Education Code, Chapter 39, Subchapter B, and federal requirements under the No Child Left Behind Act of 2001.

Comments

Source Note: The provisions of this §101.1001 adopted to be effective September 30, 2001, 26 TexReg 7269; amended to be effective February 17, 2005, 30 TexReg 709

§101.1003: Role of the Language Proficiency Assessment Committee

(a) In accordance with the Texas Education Code, §39.023(a), (b), (c), (l), and (m) and §39.027(a), the language proficiency assessment committee (LPAC) shall select the appropriate assessment option for each limited English proficient student as outlined in this subchapter.

(b) The LPAC assessment decisions must be made on an individual student basis and in accordance with administrative procedure established by the Texas Education Agency.

(c) The LPAC must document in the student's permanent record file the reason for:

(1) a postponement authorized in §101.1005 of this title (relating to Limited English Proficient Students at the Exit Level);

(2) an exemption authorized in §101.1007 of this title (relating to Limited English Proficient Students at Grades Other Than the Exit Level); and

(3) an exclusion of the student's test results from the determination of district accreditation and performance ratings authorized in §101.1010 of this title (relating to Provisions for Unschooled Limited English Proficient Asylees and Refugees).

(d) A school district shall make a reasonable effort to determine a student's previous testing history.

Comments

Source Note: The provisions of this §101.1003 adopted to be effective September 30, 2001, 26 TexReg 7269; amended to be effective February 22, 2010, 35 TexReg 1458

§101.1005: Limited English Proficient Students at the Exit Level

Limited English proficient (LEP) students are not eligible for an exemption from exit level testing requirements for graduation on the basis of limited English proficiency. However, LEP students who are recent immigrants may be granted a postponement of the administration of the exit level assessment during their first 12 months of enrollment in U.S. schools. A postponement is not permitted if a student would otherwise not be afforded the opportunity to take the exit level assessments at least one time before the student's scheduled graduation date.

Comments

Source Note: The provisions of this §101.1005 adopted to be effective September 30, 2001, 26 TexReg 7269; amended to be effective February 17, 2005, 30 TexReg 709; amended to be effective February 22, 2010, 35 TexReg 1458

§101.1007: Limited English Proficient Students at Grades Other Than the Exit Level

(a) In Grades 3-5, the language proficiency assessment committee (LPAC) shall determine whether a limited English proficient (LEP) student is administered the assessment of academic skills in English or in Spanish. A LEP student may be administered a Spanish version of the assessment of academic skills for a maximum of three years. If the LEP student is an immigrant, the total number of years of LEP exemption and years of administration of the assessment in Spanish must not exceed three.

(b) In accordance with paragraphs (1) - (4) of this subsection, certain immigrant LEP students who have had inadequate schooling outside the United States may be eligible for an exemption from the assessment of academic skills during a period not to exceed their first three school years of enrollment in U.S. schools. The term "immigrant" in this subchapter is defined as a student who has resided outside the 50 U.S. states for at least two consecutive years.

(1) In Grades 2-12, an immigrant LEP student who achieves a rating of advanced high on the state-administered English language proficiency assessment in reading during the student's first school year of enrollment in U.S. schools is not eligible for an exemption in the second or third school year of enrollment in U.S. schools. An immigrant LEP student who achieves a rating of advanced or advanced high on this assessment during the student's second school year of enrollment in U.S. schools is not eligible for an exemption in the third school year of enrollment in U.S. schools.

(2) During the first school year of enrollment in U.S. schools, the immigrant student may be granted a LEP exemption if the LPAC determines that the student has not had the schooling outside the United States necessary to provide the foundation of learning that Texas schools require and measure on the assessment, whether the foundation be in knowledge of the English language or specific academic skills and concepts in the subjects assessed.

(3) During the second and third school year of enrollment in U.S. schools, the immigrant student whose schooling outside the United States was inadequate and for whom a primary language assessment is not available may be granted a LEP exemption if the LPAC determines that the student lacks the academic language proficiency in English necessary for an assessment of academic skills in English to measure the student's academic progress in a valid, reliable manner.

(4) During the second and third school year of enrollment in U.S. schools, the immigrant student whose schooling outside the United States was inadequate and for whom a Spanish-version assessment is available is not eligible for a LEP exemption and must take the assessment in either English or Spanish unless:

(A) the student is in an English as a second language (ESL) program, which does not call for instruction in Spanish, and the LPAC determines that the student lacks the language proficiency in English and the academic instruction in Spanish and/or literacy in Spanish for the assessment in either English or Spanish to measure the student's academic progress in a valid, reliable manner; or

(B) the student is in a bilingual education program and the LPAC has documentation, including signed verification by the parent or guardian whenever possible, that there was an extensive period of time outside the United States in which the student did not attend school and that this absence of schooling resulted in such limited academic achievement and/or literacy that assessment in either English or Spanish is inappropriate as a measure for school accountability. The term "extensive period of time outside the United States," as used in this subparagraph, shall be defined in the test administration materials.

(c) Students exempted under subsection (b) of this section shall be administered assessments in subjects and grades required by federal law and regulations in accordance with linguistically accommodated testing procedures delineated in the test administration materials.

(d) A LEP student whose parent or guardian has declined the services required by the Texas Education Code, Chapter 29, Subchapter B, is not eligible for an exemption under this section, an exit level test postponement under §101.1005 of this title (relating to Limited English Proficient Students at the Exit Level), or an exclusion of test results from the determination of district accreditation and performance ratings for unschooled asylees or refugees under §101.1010 of this title (relating to Provisions for Unschooled Limited English Proficient Asylees and Refugees). The student shall take the assessments of academic skills in English and the English language proficiency assessments required by this subchapter.

(e) School districts may administer the assessment of academic skills in Spanish to a student who is not identified as limited English proficient but who participates in a bilingual program if the LPAC determines the assessment in Spanish to be the most appropriate measure of the student's academic progress. However, the student may not be administered the Spanish-version assessment for longer than three years.

Comments

Source Note: The provisions of this §101.1007 adopted to be effective September 30, 2001, 26 TexReg 7269; amended to be effective February 17, 2005, 30 TexReg 709; amended to be effective May 11, 2008, 33 TexReg 3630; amended to be effective February 22, 2010, 35 TexReg 1458

§101.1009: Limited English Proficient Students Who Receive Special Education Services

(a) The provisions of this subchapter apply to limited English proficient (LEP) students who receive special education services except as otherwise specified in this section.

(b) The admission, review, and dismissal (ARD) committee in conjunction with the language proficiency assessment committee (LPAC) shall make decisions regarding the selection of assessments and appropriate accommodations for LEP students who receive special education services. The ARD committee shall document the decisions in the student's individualized education program, and the LPAC shall document the decisions in the student's permanent record file.

(c) In rare cases, the ARD committee in conjunction with the LPAC may determine that it is not appropriate for a LEP student who receives special education services to participate in an English language proficiency assessment required by §101.1001 of this title (relating to English Language Proficiency Assessments) for reasons associated with the student's particular disability. Specific documentation of the reason for the decision must be maintained in accordance with the documentation requirements in subsection (b) of this section.

(d) The provisions of §101.1007(b) and (c) of this title (relating to Limited English Proficient Students at Grades Other Than the Exit Level) apply to the state's general and modified assessments of academic skills.

(e) A LEP student who receives special education services and whose parent or guardian has declined the services required by the Texas Education Code, Chapter 29, Subchapter B, is not eligible for an exemption under §101.1007 of this title, an exit level test postponement under §101.1005 of this title (relating to Limited English Proficient Students at the Exit Level), or an exclusion of test results from the determination of district accreditation and performance ratings for unschooled asylees or refugees under §101.1010 of this title (relating to Provisions for Unschooled Limited English Proficient Asylees and Refugees).

Comments

Source Note: The provisions of this §101.1009 adopted to be effective September 30, 2001, 26 TexReg 7269; amended to be effective February 17, 2005, 30 TexReg 709; amended to be effective May 11, 2008, 33 TexReg 3630; amended to be effective February 22, 2010, 35 TexReg 1458

§101.1010: Provisions for Unschooled Limited English Proficient Asylees and Refugees

(a) The provisions of this subchapter apply to eligible limited English proficient (LEP) students who are unschooled asylees or refugees except as specified in subsection (c) of this section. In accordance with the Texas Education Code (TEC), §39.027(a)(3), "unschooled asylee or refugee" means a student who:

(1) enrolled in a U.S. school as:

(A) an asylee as defined by 45 Code of Federal Regulations, §400.41; or

(B) a refugee as defined by 8 United States Code, §1101;

(2) has a visa issued by the United States Department of State with a Form I-94 Arrival/Departure record, or a successor document, issued by the United States Citizenship and Immigration Services that is stamped with "Asylee," "Refugee," or "Asylum"; and

(3) as a result of inadequate schooling outside the United States, lacks the necessary foundation in the essential knowledge and skills of the curriculum prescribed under the TEC, §28.002, as determined by the language proficiency assessment committee (LPAC) established under the TEC, §29.063.

(b) An eligible student who is enrolled in a U.S. school as an unschooled asylee or refugee and who is beyond the third school year of enrollment in U.S. schools in Grades 3-10 or who is beyond the first 12 months of enrollment in U.S. schools at the exit level is required to participate in assessments of academic skills in all subjects and grades required by state or federal law and regulations.

(c) The test results of an eligible student who is an unschooled asylee or refugee and who is beyond the LEP exemption period in Grades 3-10 or the exit level postponement period may be excluded from the determination of district accreditation and performance ratings under the TEC, Chapter 39, through the student's fifth school year of enrollment in U.S. schools in accordance with LPAC decision-making procedures outlined in the test administration materials. In subjects and grades in which testing is required by federal law and regulations, the student whose test results are excluded shall be administered assessments using linguistically accommodated testing procedures delineated in the test administration materials. For purposes of LPAC determinations under this subsection, inadequate schooling outside the United States is defined as little or no formal schooling outside the United States such that the student lacked basic literacy in his or her primary language upon enrollment in school in the United States.

Comments

Source Note: The provisions of this §101.1010 adopted to be effective February 22, 2010, 35 TexReg 1458

§101.1011: Student Success Initiative Grade Advancement Requirements

Limited English proficient (LEP) students are subject to the grade advancement requirements of the Student Success Initiative authorized under the Texas Education Code (TEC), §28.0211, unless the LEP students meet the exemption criteria under §101.1007 of this title (relating to Limited English Proficient Students at Grades Other Than the Exit Level), qualify for the provisions for unschooled asylees or refugees under §101.1010(c) of this title (relating to Provisions for Unschooled Limited English Proficient Asylees and Refugees), or are otherwise not subject to the requirements established for students receiving special education services under §101.2003(d) of this title (relating to Grade Advancement Testing Requirements).

Comments

Source Note: The provisions of this §101.1011 adopted to be effective February 22, 2010, 35 TexReg 1458

Subchapter BB

§101.2001: Policy

(a) School districts shall implement grade advancement requirements in accordance with this subchapter and the Texas Education Agency (TEA) procedures outlined in the official Grade Placement Committee (GPC) 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, students in Grades 5 and 8 shall demonstrate proficiency in the subjects required by the Texas Education Code (TEC), §28.0211(a), in order to advance to the next grade. Demonstrated proficiency is defined under this section as meeting the passing standard on the appropriate assessment instruments specified by §101.2003(a) of this title (relating to Grade Advancement Testing Requirements) or on a state-approved alternate assessment authorized in §101.2011 of this title (relating to Alternate Assessment). 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 instruction under §101.2006 of this title (relating to Accelerated Instruction);

(2) the student's GPC, as specified in §101.2007 of this title (relating to Role of Grade Placement 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 necessary 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 in Grades 3-8 shall be provided accelerated instruction required by the TEC, §28.0211, as specified in §101.2006 of this title.

Comments

Source Note: The provisions of this §101.2001 adopted to be effective May 26, 2002, 27 TexReg 4337; amended to be effective April 19, 2010, 35 TexReg 3030

§101.2003: Grade Advancement Testing Requirements

(a) Each school district and charter school shall test eligible students in accordance with the grade advancement requirements for the grades and subjects specified in the Texas Education Code (TEC), §28.0211(a). These requirements apply to the following assessment instruments under the TEC, §39.023(a), (b), and (l):

(1) the reading and mathematics assessments at Grade 5; and

(2) the reading and mathematics assessments at Grade 8.

(b) An eligible student is subject to all of the grade advancement requirements under the TEC, §28.0211, including automatic retention, if the student is enrolled in a local school district or charter school on any day between January 1 and the date of the first administration of the grade advancement assessments.

(c) An eligible student who does not meet the criteria specified in subsection (b) of this section but enrolls in a local school district or charter school at any time after the date of the first administration of the grade advancement assessments is not subject to the grade advancement requirements. In accordance with §101.2001(b) of this title (relating to Policy), a school district or charter school must provide this student with the opportunity to test and access to required accelerated instruction.

(d) A student receiving special education services under the TEC, Chapter 29, Subchapter A, enrolled in Grade 5 or Grade 8 who is receiving instruction in the essential knowledge and skills in a subject specified under subsection (a) of this section is eligible under this section as outlined in the official Grade Placement Committee (GPC) manual published annually by the Texas Education Agency (TEA). In accordance with §101.5(b) of this title (relating to Student Testing Requirements) and the TEC, §28.0211(i), the student's admission, review, and dismissal (ARD) committee shall determine appropriate assessment and accelerated instruction for each eligible student. Assessment decisions must be made on an individual basis and in accordance with procedures established by the TEA. These decisions shall be documented in the student's individualized education program.

(e) A limited English proficient (LEP) student, as defined by the TEC, Chapter 29, Subchapter B, who is administered an assessment in English or Spanish for a grade and subject specified in subsection (a) of this section, except as provided by §101.1011 of this title (relating to Student Success Initiative Grade Advancement Requirements), is eligible under this section. In accordance with §101.1003 of this title (relating to Role of the Language Proficiency Assessment Committee), the student's language proficiency assessment committee (LPAC) shall determine the appropriate assessment and accelerated instruction for each eligible student. The GPC, as specified in §101.2007 of this title (relating to Role of Grade Placement Committee), shall make its decisions in consultation with a member of the student's LPAC. Assessment decisions must be made on an individual basis and in accordance with procedures established by the TEA.

(f) As specified in §101.1009 of this title (relating to Limited English Proficient Students Who Receive Special Education Services), decisions regarding assessments for LEP students who receive special education services shall be made by the ARD committee in conjunction with the LPAC.

(g) In accordance with the TEC, §28.021(b), decisions regarding a student who is dyslexic and eligible under this section shall consider the student's potential for achievement or proficiency in the assessed subject.

Comments

Source Note: The provisions of this §101.2003 adopted to be effective May 26, 2002, 27 TexReg 4337; amended to be effective February 24, 2005, 30 TexReg 842; amended to be effective April 19, 2010, 35 TexReg 3030

§101.2005: Test Administration and Schedule

(a) The Texas Education Agency (TEA) shall establish the test administration procedures in the applicable test administration materials. The superintendent of each school district and chief administrative officer of each charter school shall be responsible for following these procedures and maintaining the integrity of the test administration and the security and confidentiality requirements, as specified in Chapter 101, Subchapter C, of this title (relating to Security and Confidentiality).

(b) The TEA shall provide three opportunities per year for the tests required for grade advancement as specified in the Texas Education Code, §28.0211(a). The commissioner of education shall specify the dates of these administrations in the assessment calendar. Additional test opportunities will not be provided.

(c) The superintendent of each school district and chief administrative officer of each charter school shall establish procedures to ensure:

(1) that each eligible student who is absent or does not receive a test score for any test administration shall receive appropriate accelerated instruction as warranted on an individual student basis; and

(2) that each eligible student who is absent or does not receive a test score for all three test opportunities and is consequently retained shall receive other appropriate means of evaluation, including the administration of an alternate assessment, as provided under §101.2011(a) of this title (relating to Alternate Assessment), so that the Grade Placement Committee has sufficient evidence for its review upon appeal by a parent or guardian.

(d) A campus or district must accommodate the request of an out-of-district student to participate in the third administration of a test required for grade advancement if that campus or district is testing one or more local students on the applicable test and if the out-of-district student has registered to take the test by a date determined by the TEA.

Comments

Source Note: The provisions of this §101.2005 adopted to be effective May 26, 2002, 27 TexReg 4337; amended to be effective February 24, 2005, 30 TexReg 842

§101.2006: Accelerated Instruction

(a) Each time a student in Grades 3-8 fails to perform satisfactorily on an assessment instrument administered under the Texas Education Code (TEC), §39.023(a), the school district or charter school shall provide the student with accelerated instruction in the applicable subject.

(b) Accelerated instruction may require participation of the student before or after normal school hours and may include participation at times of the year outside normal school operations. Each school district and each charter school shall be responsible for providing transportation to students required to attend accelerated instruction programs if these programs occur outside of regular school hours.

(c) A school district must accommodate the request of an out-of-district student to participate in any established, on-campus summer accelerated instruction program, provided the student is living away from his or her home district and the program matches the accelerated instruction prescribed by the student's Grade Placement Committee (GPC).

(d) Accelerated instruction shall be based on, but not limited to, guidelines on research-based best practices and effective strategies as outlined in the GPC manual, published annually by the TEA, which districts may use for developing accelerated instruction.

(e) In addition, for students required to take state assessments specified under the TEC, §28.0211(a):

(1) a student who fails to perform satisfactorily on an assessment instrument specified under the TEC, §28.0211(a), shall be provided accelerated instruction before the next administration of the applicable assessment as specified by the TEC, §28.0211. A student shall be assigned to an accelerated instruction group that does not have a ratio larger than ten students for each teacher; and

(2) a student who fails to perform satisfactorily on an assessment instrument specified under the TEC, §28.0211(a), after the first, second, and third testing opportunities and who is promoted to the next grade level must complete, in accordance with state and local school board policy, all the accelerated instruction required under this section before placement in the next grade level. A student who fails to complete all the required accelerated instruction may not be promoted.

Comments

Source Note: The provisions of this §101.2006 adopted to be effective April 19, 2010, 35 TexReg 3030

§101.2007: Role of Grade Placement Committee

(a) In accordance with the Texas Education Code (TEC), §28.0211, the superintendent of each school district and chief administrative officer of each charter school shall establish procedures for convening a Grade Placement Committee (GPC) for each eligible student who fails to demonstrate proficiency on the second administration of the assessment required for grade advancement. In accordance with §101.2006(d) of this title (relating to Accelerated Instruction), decisions by the GPC shall be made on an individual student basis, address required participation of the student in accelerated instruction, and ensure the most effective instruction to support the student's academic achievement on grade level.

(b) The GPC shall be composed of the principal or principal's designee, the student's parent or guardian, and the student's teacher(s) of the subject of the grade advancement assessment(s) on which the student has failed to demonstrate proficiency. If this teacher is unavailable, the principal shall designate to serve on the GPC a teacher certified in the subject of the assessment on which the student failed to perform satisfactorily and who is most familiar with the student's performance in that subject area. If more than one parent or guardian has the authority to make educational decisions regarding the student, a good faith effort must be made to notify both parents, but participation of any one parent or guardian is sufficient. Either parent or only one guardian may initiate an appeal. If both parents or guardians serve on the GPC but do not agree, either may agree to promote the student if the remaining members of the GPC also agree to the promotion. The district may accept a parent's or guardian's written designation of another individual to serve on the GPC for all purposes. The district may accept a parent's or guardian's written and signed waiver of participation in the GPC and designation of the remaining members of the GPC as the decision-making entity for all purposes.

(1) If a parent or guardian or designee is unable to attend a meeting, the district may use other methods to ensure parent participation, including individual and conference telephone calls. The district may designate an individual to act on behalf of the student in place of a parent, guardian, or designee if no such person can be located. A surrogate parent named to act on behalf of a student with a disability shall be considered a parent for purposes of the TEC, §28.0211.

(2) The district shall make a good faith effort to notify a parent or guardian to attend the GPC. If a parent or guardian is unavailable, the remaining members of the GPC must convene as required by this section and take all necessary actions, except that the GPC may not agree to promote a student under the TEC, §28.0211(e), unless a parent, guardian, or designee has appealed. A district may allow an appeal to be filed in writing in lieu of attending the GPC.

(c) Within five working days of receipt of student assessment results for the second administration of the assessment required for grade advancement, the district shall notify the campus principal of student assessment results for each eligible student who fails to demonstrate proficiency. Upon receipt of this notice, the principal shall notify the teacher and parent or guardian of the assessment results. This notice shall include a description of the purpose and responsibilities of the GPC and the time and place for the GPC to hold its first meeting.

(d) In accordance with §101.2006(d) of this title, the GPC is responsible for prescribing the accelerated instruction the student is to receive before the third testing opportunity. The GPC shall also decide at this time whether the student shall take the assessment specified in §101.2003 of this title (relating to Grade Advancement Testing Requirements) or the alternate assessment, as authorized by §101.2011 of this title (relating to Alternate Assessment). In the absence of unanimous agreement, the student shall take the assessment specified in §101.2003 of this title.

(e) The GPC must convene again if a student fails to demonstrate proficiency on the third administration of an assessment required for grade advancement and is thereby automatically retained at the same grade level. Within five working days of receipt of student assessment results for this administration, the district shall notify the principal or principal's designee of student assessment results for each eligible student who fails to demonstrate proficiency. Upon receipt of this notice from the district, the principal shall inform the teacher and parent or guardian of the time and place for the GPC to hold a meeting. This notice shall inform the parent or guardian of the opportunity to appeal the automatic retention of the student. The district shall establish a procedure to ensure a good faith effort is made toward securing the parent's or guardian's receipt of the retention notification. The parent or guardian may appeal the retention by submitting a request to the GPC within five working days of receipt of this retention notification.

(f) If an appeal has been initiated by the parent or guardian, the GPC may decide in favor of promotion only if the GPC concludes, upon review of all facts and circumstances and in accordance with standards adopted by the local school board, that the student is likely to perform on grade level given additional accelerated instruction during the next school year. A student may be promoted only if the GPC's decision is unanimous and the student has completed all required accelerated instruction specified in §101.2006 of this title. The review and final decision of the GPC must be appropriately documented as meeting the standards adopted by the local school board and made in conformance with procedures specified in the GPC manual and as required by §101.2001(b) of this title (relating to Policy). These standards must include consideration of the following:

(1) the recommendation of the student's teacher;

(2) the student's grades;

(3) the student's assessment scores; and

(4) any other necessary academic information as determined by the district.

(g) In accordance with the TEC, §28.0211(e), the placement decision by the GPC shall be made before the start of the next school year or, if applicable, upon reenrollment of a student after this date.

(h) A student who has been promoted upon completion of a school year in a school other than a Texas public school may be enrolled in that grade without regard to whether the student has successfully completed an assessment required under the TEC, §28.0211. This subsection does not limit the authority of a district to appropriately place a student under the TEC, Chapter 25, Subchapter B.

(i) In addition to the placement decision, the GPC shall develop an accelerated instruction plan for each student who does not pass after three testing opportunities, regardless of whether the student has been promoted or retained. This plan shall include the accelerated instruction that the district must provide during the next school year. The plan must be designed to enable the student to perform at the appropriate grade level by the end of the next school year. The district shall establish a policy for monitoring the student during the school year to ensure that the student is progressing in accordance with the plan. The accelerated instruction plan must provide for interim progress reports to the student's parent or guardian and the opportunity for consultation with the teacher and/or principal as needed.

Comments

Source Note: The provisions of this §101.2007 adopted to be effective May 26, 2002, 27 TexReg 4337; amended to be effective February 24, 2005, 30 TexReg 842; amended to be effective April 19, 2010, 35 TexReg 3030

§101.2009: Notice to Parents or Guardians

(a) As specified in §101.9 of this title (relating to Grade Advancement Requirements), the superintendent of each school district or chief administrative officer of each charter school shall notify parents or guardians of the grade advancement requirements at the beginning of the school year.

(b) The district shall provide early notice to parents or guardians of students identified in a preceding grade to be at risk of failure on the first administration of the assessment required for grade advancement the next year. The superintendent must establish the instruments/procedures to be used to make this determination. This notice shall include accelerated instruction participation requirements as stipulated by §101.2006 of this title (relating to Accelerated Instruction) and be provided before the end of the school year preceding the grade advancement requirements.

(c) The district shall establish procedures to notify the parent or guardian of a student who has failed to demonstrate proficiency on the first administration of a grade advancement assessment. This notification should be made within five working days of district receipt of student assessment results from this administration. This notice shall include the student's assessment results, a description of the grade advancement policy, the required accelerated instruction to which the student has been assigned under §101.2006 of this title, and the possibility that the student might be retained at the same grade level for the next school year. In addition, the notice shall encourage parents or guardians to meet immediately with the student's teacher to outline mutual responsibilities to support the student during accelerated instruction.

(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 retention, 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.

Comments

Source Note: The provisions of this §101.2009 adopted to be effective May 26, 2002, 27 TexReg 4337; amended to be effective April 19, 2010, 35 TexReg 3030

§101.2011: Alternate Assessment

(a) On the third testing opportunity, each school district and charter school may establish by local board policy a district-wide procedure to use a state-approved alternate assessment instead of the statewide assessment instrument specified in §101.2003(a) of this title (relating to Grade Advancement Testing Requirements). The commissioner of education shall provide annually, to school districts and charter schools, a list of state-approved group-administered achievement tests certified by test publishers as meeting the requirements of Texas Education Code, §28.0211. This list shall include nationally recognized instruments for obtaining valid and reliable data, which demonstrate student competencies in the applicable subject at the appropriate grade level range. The district shall select only one test for each applicable grade and subject to be used under this section.

(b) The alternate assessment must be given during the period established in the assessment calendar by the commissioner of education to coincide with the date of the third administration of the statewide assessment.

(c) A company or organization scoring a test defined in subsection (a) of this section shall send test results to the school district for verification within ten working days following receipt of the test materials from the school district and shall send a copy of those results to the Texas Education Agency (TEA) in a format specified by and on a schedule established by the TEA.

(d) To maintain the security and confidential integrity of group-administered achievement tests, school districts and charter schools shall follow the procedures for test security and confidentiality delineated in Chapter 101, Subchapter C, of this title (relating to Security and Confidentiality).

Comments

Source Note: The provisions of this §101.2011 adopted to be effective May 26, 2002, 27 TexReg 4337; amended to be effective February 24, 2005, 30 TexReg 842

§101.2015: Parental Waiver

The superintendent of each school district and chief administrative officer of each charter school shall establish a waiver process by which a parent or guardian may request that a student not participate in the third test opportunity due to potential harm to the student. The waiver must provide documentation of potential harm, student need, and other appropriate information. If a parental waiver is granted, the student must still participate in all required acceleration and is subject to retention based on the failure on the second test administration.

Comments

Source Note: The provisions of this §101.2015 adopted to be effective May 26, 2002, 27 TexReg 4337

§101.2017: Scoring and Reporting

(a) In accordance with §101.81 of this title (relating to Scoring 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.

(b) As specified by Texas Education Code (TEC), §39.051(b)(7), the superintendent of each school district and chief administrative officer of each charter school shall report the following information to the Texas Education Agency:

(1) the percentage of students, aggregated by grade level, provided accelerated instruction under TEC, §28.0211(c);

(2) the results of assessments administered under TEC, §28.0211(c);

(3) the percentage of students promoted through the grade placement committee process under TEC, §28.0211; and

(4) the subject of the assessment instrument on which each student failed to perform satisfactorily, and the performance of those students in the school year following that promotion on the assessment instruments required under TEC, §39.023.

Comments

Source Note: The provisions of this §101.2017 adopted to be effective May 26, 2002, 27 TexReg 4337

§101.2019: Credit for High School Graduation

(a) Students who have been retained in Grade 8 in accordance with the grade advancement testing requirements may earn course credit for high school graduation during the next school year in subject areas other than the required courses in the subject area which caused the student to be retained.

(b) The school board of each district and each charter school may establish a policy that provides for the placement of retained students in an age-appropriate learning environment. In accordance with local grade configurations for elementary, middle, and high school campuses, this policy may specify the age by which a retained student should be placed on the next level campus even though not yet promoted to the grade of that campus.

Comments

Source Note: The provisions of this §101.2019 adopted to be effective May 26, 2002, 27 TexReg 4337

Subchapter CC

§101.3001: Implementation of Assessment Instruments

(a) In accordance with Senate Bill 103, Section 9, 76th Texas Legislature, 1999, this subsection is adopted by the commissioner of education for the implementation of the Texas Education Code (TEC), §39.023. In this subsection, the Act means Acts of the 76th Texas Legislature, 1999, Chapter 397.

(1) The State Board of Education (SBOE) shall administer each assessment instrument added by the Act not later than the 2002-2003 school year, in accordance with the rules governing the assessment program set forth in Chapter 101 of this title (relating to Assessment).

(2) The Texas Education Agency (TEA), not later than the 2004-2005 school year, shall include the results of student performance on each assessment instrument added by the Act in evaluating the performance of school districts, campuses, and open enrollment charter schools under the TEC, Chapter 39, Subchapter D.

(3) The SBOE, not later than the 2004-2005 school year, shall administer assessment instruments under the TEC, §39.023(b), that correspond to the following assessment instruments required under the TEC, §39.023(a), as amended by the Act:

(A) the mathematics assessment instrument administered in Grades 9 and 10;

(B) the reading assessment instrument administered in Grade 9; and

(C) the English language arts assessment instrument administered in Grade 10.

(4) The TEA, not later than the 2006-2007 school year, shall include the results of student performance on each assessment instrument described by paragraph (3) of this subsection in evaluating the performance of school districts, campuses, and open-enrollment charter schools under the TEC, Chapter 39, Subchapter D.

(5) Pending the introduction of any assessment instrument added by the Act:

(A) the SBOE shall administer each appropriate assessment under the TEC, §39.023, as that section existed before amendment by the Act;

(B) a student who performed satisfactorily on the end-of-course assessment instruments specified by the TEC, §39.025, as that section existed before amendment by the Act, is entitled to receive a high school diploma if the student completes all other requirements for high school graduation; and

(C) the former law as specified in the TEC, Chapter 39, Subchapter B, is continued in effect for the purposes provided by this paragraph.

(b) In accordance with House Bill 411, Section 5, 78th Texas Legislature, 2003, this subsection is adopted by the commissioner of education for the implementation of the TEC, §39.023(a)(6) and (7). In this subsection, the Act means Acts of the 78th Texas Legislature, 2003, Chapter 1212.

(1) The SBOE, not later than the 2006-2007 school year, shall administer a science assessment instrument to students in Grade 8, as amended by this Act.

(2) The TEA, not later than the 2008-2009 school year, shall include the results of student performance on the Grade 8 science assessment instrument in evaluating the performance of school districts, campuses, and open-enrollment charter schools under the TEC, Chapter 39, Subchapter B, as amended by this Act.

(3) The TEA, shall administer to students assessments in any other subject and grade required by federal law.

Comments

Source Note: The provisions of this §101.3001 adopted to be effective February 16, 2003, 28 TexReg 1175; amended to be effective February 17, 2005, 30 TexReg 711; amended to be effective July 20, 2006, 31 TexReg 5616

§101.3003: Assessment Requirements for Graduation

(a) Students who were enrolled in Grade 8 or lower on January 1, 2001, and who did not complete all coursework required to graduate by September 1, 2004, must fulfill testing requirements for graduation with the exit level Texas Assessment of Knowledge and Skills (TAKS) tests, as required by the Texas Education Code (TEC), §39.023(c), as that section existed before amendment by Senate Bill (SB) 1031, 80th Texas Legislature, 2007. For purposes of this section, coursework necessary to graduate means all of the coursework required under the student's graduation plan.

(b) With the exception of students who meet the criteria described in subsection (c) of this section, students who were enrolled as follows shall fulfill testing requirements for graduation with the exit level TAKS under applicable performance standards established by the commissioner of education and published on the Texas Education Agency (TEA) website, in lieu of the exit level Texas Assessment of Academic Skills (TAAS):

(1) in Grade 9 or higher on January 1, 2001, regardless of when they are scheduled to graduate; or

(2) in Grade 8 or lower on January 1, 2001, if they were on an accelerated track and fulfilled all coursework necessary to graduate by September 1, 2004.

(c) A student who entered Grade 11 in the 1989-1990 school year or an earlier school year shall fulfill testing requirements for graduation with the exit level TAKS under an applicable performance standard established by the commissioner of education that corresponds to the performance standard in effect for the exit level Texas Educational Assessment of Minimum Skills (TEAMS) when the student was first eligible to take the exit level TEAMS. Performance standards that apply to TEAMS students will be published on the TEA website.

(d) A student fulfilling testing requirements under subsection (b) of this section will be required to take only those sections of the exit level TAKS that correspond to the subject areas formerly assessed by the exit level TAAS (reading, writing, and mathematics) for which the student has not yet met the passing standard.

(1) If a student has not yet met the passing standard on TAAS reading, the student will be administered only the reading multiple-choice items from the TAKS English language arts (ELA) test.

(2) If a student has not yet met the passing standard on TAAS writing, the student will be administered only the writing prompt and the revising and editing multiple-choice items from the TAKS ELA test.

(e) A student fulfilling testing requirements under subsection (c) of this section will be required to take only those sections of the exit level TAKS that correspond to the subject areas formerly assessed by the exit level TEAMS (reading and mathematics) for which the student has not yet met the passing standard. If a student has not yet met the passing standard on TAAS reading, the student will be administered only the reading multiple-choice items from the TAKS ELA test.

(f) Notwithstanding any of the requirements in subsections (a)-(e) of this section, students who pass all of the required exit level TAKS tests have fulfilled their testing requirements for graduation.

(g) Beginning with the 2011-2012 school year, students first enrolled in Grade 9 or lower must fulfill testing requirements for graduation with the end-of-course assessment instruments, as specified in the TEC, §39.023(c), as amended by SB 1031, 80th Texas Legislature, 2007.

Comments

Source Note: The provisions of this §101.3003 adopted to be effective February 17, 2005, 30 TexReg 711; amended to be effective October 18, 2009, 34 TexReg 7067; amended to be effective February 22, 2010, 35 TexReg 1461

§101.3004: Performance Standards

(a) The commissioner of education shall determine the level of performance considered to be satisfactory on the assessment instruments. The figures in this section identify the performance standards established by the commissioner of education for state-developed assessments, as required by the Texas Education Code (TEC), Chapter 39, Subchapter B, for all grades, assessments, and subjects.

(b) The figure in this subsection identifies the performance standards established by the commissioner for the Texas Assessment of Knowledge and Skills (TAKS) for all grades and subjects other than reading and mathematics in Grades 3-8. Except as otherwise provided by this subsection, the "commended" and "met" standards are based on spring 2003 operational test forms. Future forms will be equated by the Texas Education Agency to the 2003 assessments in order to ensure that equivalent standards are maintained. The "commended" and "met" standards for the TAKS Grade 8 science assessment are based on the spring 2006 operational test form. Future forms of the Grade 8 science assessment will be equated by the Texas Education Agency to the 2006 assessment in order to ensure that equivalent standards are maintained. The exit-level standard in place when a student enters Grade 10 is the standard that will be maintained throughout the student's high school career.

Attached Graphic

(c) The figure in this subsection identifies the performance standards established by the commissioner for the TAKS reading and mathematics assessments in Grades 3-8. The "commended" and "met" standards are based on the spring 2008 operational test forms following the implementation of the vertical scale required under the TEC, §39.036. Future forms of the test will be equated by the Texas Education Agency to the 2008 assessment in order to ensure that equivalent standards are maintained.

Attached Graphic

Comments

Source Note: The provisions of this §101.3004 adopted to be effective February 22, 2010, 35 TexReg 1461

§101.3005: Required Test Administration Procedures and Training Activities to Ensure Validity, Reliability, and Security of Assessments

(a) Purpose. To ensure that each assessment instrument is reliable and valid and meets applicable federal requirements for measurement of student progress, as required by the Texas Education Code (TEC), §39.023(i), the commissioner of education shall establish test administration procedures and required training activities that support 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 provided 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 materials shall include, but are not limited to, the following:

(1) general testing program information;

(2) requirements for ensuring test security and confidentiality;

(3) procedures for test administration;

(4) responsibilities of various personnel involved in test administration; and

(5) procedures for materials control.

(c) Training activities. As part of the test administration procedures, 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 completion of training activities. Test coordinators and administrators must receive all applicable training as required in the test administration materials.

(d) Records retention. As part of test administration procedures, the commissioner shall require school districts to maintain records related to the security of assessment instruments for a minimum of five years.

Comments

Source Note: The provisions of this §101.3005 adopted to be effective July 20, 2006, 31 TexReg 5616; amended to be effective February 28, 2008, 33 TexReg 1545

Subchapter DD

§101.4001: Testing Requirements for Graduation

(a) Each school district and charter school shall test eligible students in accordance with the Texas Education Code (TEC), Chapter 39, Subchapter B. All students must pass exit-level assessments in English language arts, mathematics, science, and social studies to qualify for a high school diploma from a Texas public school.

(b) In accordance with the TEC, Chapter 39, Subchapter B, the commissioner of education adopts the SAT® verbal/critical reading and mathematics tests and the ACT® English and mathematics tests as alternative exit-level assessments that eligible students with qualifying scores may substitute respectively for the Texas Assessment of Knowledge and Skills (TAKS) exit-level assessments in English language arts and mathematics beginning in the spring of 2006.

(c) The commissioner establishes the level of performance considered to be satisfactory on the approved alternative exit-level assessments as follows.

(1) The required passing standard to qualify to substitute the SAT® verbal/critical reading test for the TAKS exit-level English language arts assessment is at least 472.

(2) The required passing standard to qualify to substitute the SAT® mathematics test for the TAKS exit-level mathematics assessment is at least 461.

(3) The required passing standard to qualify to substitute the ACT® English test for the TAKS exit-level English language arts assessment is at least 17.7.

(4) The required passing standard to qualify to substitute the ACT® mathematics test for the TAKS exit-level mathematics assessment is at least 19.5.

(d) An eligible student who has met the passing standard as set by the commissioner on a state-approved alternative exit-level assessment in a particular subject area has satisfied the exit-level testing requirement in that subject area.

(e) Once a district or charter school has verified that the student is eligible for and has satisfied the requirements under this subchapter and satisfied the coursework requirements to be eligible for a high school diploma in Texas, the district or charter school is authorized to grant a diploma to the student.

Comments

Source Note: The provisions of this §101.4001 adopted to be effective April 3, 2006, 31 TexReg 2857

§101.4003: Determining Eligibility

(a) A student is eligible to substitute an alternative exit-level assessment for a Texas Assessment of Knowledge and Skills (TAKS) exit-level assessment for purposes of this subchapter if the student after January 1 of the year in which the student would otherwise be eligible to graduate:

(1) enrolls in a public school in Texas for the first time; or

(2) enrolls in a public school in Texas after an absence of at least four years from any public school in this state. A student meets this requirement if he or she has not been enrolled for one or more days in a public school in Texas in the four years preceding the day on which the student enrolls in a Texas public school after January 1 of the year in which the student would otherwise be eligible to graduate.

(b) Each school district and charter school shall be responsible for verifying a student's eligibility for the alternative exit-level assessment.

Comments

Source Note: The provisions of this §101.4003 adopted to be effective April 3, 2006, 31 TexReg 2857

§101.4005: Verification of Results

(a) A student who is eligible to substitute an approved alternative exit-level assessment for a Texas Assessment of Knowledge and Skills (TAKS) exit-level assessment is responsible for providing to the school district an official copy of his or her scores from the alternative assessment.

(b) A school district or charter school must, upon receipt of official results from an approved alternative exit-level assessment for a student who is eligible under this section:

(1) verify the student's score on the alternative assessment; and

(2) determine whether the student met the performance standard required to qualify for a public high school diploma in Texas as established by the commissioner of education.

Comments

Source Note: The provisions of this §101.4005 adopted to be effective April 3, 2006, 31 TexReg 2857

Subchapter EE

§101.5001: Testing Calendar

(a) In accordance with Texas Education Code, §33.0812, the commissioner of education shall determine the school week during the school year in which the primary administrations of assessment instruments are administered.

(b) Through publication on the Texas Education Agency website, the commissioner shall provide the University Interscholastic League (UIL) with a three-year calendar of dates, beginning with the 2006 - 2007 school year, reserved for testing on or before May 1 of the year preceding the three-year cycle of reserved testing dates.

(c) The commissioner may change the dates reserved for testing as necessary. The commissioner shall notify the UIL of any changes to the schedule for the primary administrations of the statewide assessments.

(d) If a change to the primary administration testing calendar creates a scheduling conflict between a UIL area, regional, or state competition and the statewide assessments, the commissioner shall determine whether those UIL events must be cancelled or rescheduled.

Comments

Source Note: The provisions of this §101.5001 adopted to be effective April 3, 2006, 31 TexReg 2858

§101.5003: Alternate Test Dates

(a) The commissioner of education shall consider requests from districts or campuses for alternate test dates on a case-by-case basis. Alternate test dates will only be allowed if the campus or district is closed on the day on which testing is scheduled or if there is an exceptional circumstance as defined under this section that may affect a district's or campus' ability to administer an assessment or the students' performance on an assessment.

(b) For the purposes of this section, exceptional circumstances include but are not limited to the following:

(1) inclement weather or natural disasters that would cause a district or a campus to be closed or which would cause a small percentage of students to be in attendance on the day testing is scheduled;

(2) health epidemics that result in a large number of students being absent on the day of testing;

(3) death of a student or school official that may impact student performance; and

(4) sudden emergencies that occur on the day of testing or shortly before testing that may inhibit students from completing the assessments, such as a fire on campus, a bomb threat, an extended power outage, or a water main break.

(c) If an alternate test date for the primary test administration is approved, the commissioner may prohibit the district or campus from participating in UIL competitions on the new test date if that is determined to be in the best interest of the district, campus, and students.

Comments

Source Note: The provisions of this §101.5003 adopted to be effective April 3, 2006, 31 TexReg 2858

Subchapter FF

§101.6001: Texas Middle School Diagnostic Reading Assessment

(a) Each school district shall administer during the first six weeks of the school year the diagnostic reading instrument specified in subsection (c) of this section to each student in Grade 7 whose performance on the Grade 6 Texas Assessment of Knowledge and Skills (TAKS) or TAKS-Accommodated in reading did not meet the passing standard. The admission, review, and dismissal committee for each student who was administered the TAKS-Modified in reading may determine if the diagnostic assessment is appropriate for use with that student.

(b) A student in Grade 7 who does not have a score for the statewide reading assessment in Grade 6 may be given an equivalent comprehension assessment. If that student does not meet the passing standard, then the student must be administered the diagnostic reading assessment specified in subsection (c) of this section.

(c) A school district must use the Texas Middle School Fluency Assessment and/or an alternate diagnostic reading instrument approved by the Texas Education Agency (TEA). A district must submit to the TEA an alternate diagnostic reading instrument for approval if it meets the criteria in subsection (d) of this section.

(d) An alternate diagnostic reading instrument must:

(1) be based on published scientific research in reading;

(2) be age and grade-level appropriate, valid, and reliable;

(3) identify specific skill difficulties in word analysis, fluency, and comprehension; and

(4) assist the teacher in making individualized instructional decisions based on the assessment results.

(e) A school district shall provide additional reading instruction and intervention to each student in Grade 7 who did not meet the passing standard on the Grade 6 state assessment in reading as appropriate to improve the student's reading skills in the areas of need identified by the diagnostic reading assessment.

Comments

Source Note: The provisions of this §101.6001 adopted to be effective October 14, 2008, 33 TexReg 8500