16_11 Proposed Amendment to 19 TAC §101.3041

Commissioner's Rules

Proposed Amendment to 19 TAC Chapter 101, Assessment, Subchapter CC, Commissioner's Rules Concerning Implementation of the Academic Content Areas Testing Program, Division 4, Performance Standards, §101.3041, Performance Standards


Attachments:
I. Statutory Citations (PDF)
II. Text of Proposed Amendment to 19 TAC Chapter 101, Assessment, Subchapter CC, Commissioner's Rules Concerning Implementation of the Academic Content Areas Testing Program, Division 4, Performance Standards, §101.3041, Performance Standards (including figures) (PDF)


SUMMARY: The rule action presented in this item was filed as proposed with the Texas Register under the commissioner's rulemaking authority. This item proposes an amendment to 19 TAC Chapter 101, Assessment, Subchapter CC, Commissioner's Rules Concerning Implementation of the Academic Content Areas Testing Program, Division 4, Performance Standards, §101.3041, Performance Standards. The proposed amendment would establish a final set of performance standards to be implemented for the State of Texas Assessments of Academic Readiness (STAAR®) Grades 3-8 and end-of-course (EOC) assessments beginning with the 2016-2017 school year.

STATUTORY AUTHORITY: Texas Education Code (TEC), §39.0241(a) and §39.025(a).

TEC, §39.0241(a), authorizes the commissioner to determine the level of performance considered to be satisfactory on the assessment instruments.

TEC, §39.025(a), authorizes the commissioner to adopt rules requiring a student in the foundation high school program under TEC, §28.025, to be administered an end-of-course assessment instrument listed in TEC, §39.023(c), only for a course in which the student is enrolled and for which an end-of-course assessment instrument is administered. A student is required to achieve a scale score that indicates satisfactory performance, as determined by the commissioner under TEC, §39.0241(a), on each end-of-course assessment instrument administered to the student.

EARLIEST POSSIBLE DATE OF ADOPTION: January 9, 2017.

PROPOSED EFFECTIVE DATE: February 16, 2017.

BACKGROUND INFORMATION AND JUSTIFICATION: In 2015, the commissioner of education adopted a standard progression approach for STAAR® performance standards from the 2015-2016 school year through the 2021-2022 school year, increasing performance standards annually toward the final recommended Level II performance standard in the 2021-2022 school year.

Given the STAAR® performance results for 2012 through 2016, the commissioner has recommended that the current phase-in schedule be replaced with a final set of standards and labels to indicate four levels of student performance, as follows.

  • Did Not Meet Grade Level: This performance category applies to students scoring below Approaches Grade Level. This performance level indicates that students are unlikely to succeed in the next grade or course without significant, ongoing academic intervention. Students in this category do not demonstrate a sufficient understanding of the assessed knowledge and skills.
  • Approaches Grade Level: Performance at this level indicates that students are likely to succeed in the next grade or course with targeted academic intervention. Students in this category generally demonstrate the ability to apply the assessed knowledge and skills in familiar contexts.
  • Meets Grade Level: Performance in this category indicates that students have a high likelihood of success in the next grade or course but may still need some short-term, targeted academic intervention. Students in this category generally demonstrate the ability to think critically and apply the assessed knowledge and skills in familiar contexts. For Algebra II and English III, this performance level indicates students are sufficiently prepared for postsecondary success.
  • Masters Grade Level: Performance at this level indicates that students are expected to succeed in the next grade or course with little or no academic intervention. Students in this category demonstrate the ability to think critically and apply the assessed knowledge and skills in varied contexts, both familiar and unfamiliar. For Algebra II and English III, this level of performance indicates students are well prepared for postsecondary success.

To implement the proposed performance standards, the proposed amendment to 19 TAC §101.3041 would modify Figure: 19 TAC §101.3041(b)(1) and Figure: 19 TAC §101.3041(c)(1) to replace the standard progression phase-in schedule with a final set of standards and labels to indicate student performance. The amendment would establish the 2015-2016 STAAR® passing standard as the minimum passing requirement (Approaches Grade Level) and set the current panel-recommended standard as the benchmark indicating a higher level of satisfactory achievement (Meets Grade Level). The Level III performance standard would be renamed "Masters Grade Level" to clearly indicate advanced grade-level performance on a STAAR® assessment and articulate the relationship between each of the performance levels.

For STAAR® EOC testing, since the standard in place when a student first takes an EOC assessment is the standard that is maintained throughout the student's school career, the 2012-2015 phase-in standard for the STAAR® EOC assessments would be maintained.

The proposed performance standards and labels would first be effective with the 2016-2017 school year.

FISCAL IMPACT: The Texas Education Agency has determined that there are no additional costs to persons or entities required to comply with the proposed amendment. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis specified in Texas Government Code, §2006.002, is required. There is no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

PUBLIC AND STUDENT BENEFIT: Beginning with the 2016-2017 school year, the proposed amendment would implement the final Level II STAAR® performance standard for all STAAR® Grades 3-8 and EOC assessments.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would have no procedural and reporting implications beyond those that apply to all Texas students.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
The proposed amendment would have no new locally maintained paperwork requirements.

PUBLIC COMMENTS: The public comment period on the proposal begins December 9, 2016, and ends January 9, 2017.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on December 9, 2016.

Staff Members Responsible:
Penny Schwinn, Deputy Commissioner, Academics
Mariana Vassileva, Deputy Director, Assessment Operations and Administration

For more information, email rules@tea.texas.gov.