January 2016 Committee on Instruction Item 6
Discussion of Proposed Amendments to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter C, Texas Certificate of High School Equivalency
January 28, 2016
COMMITTEE ON INSTRUCTION: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION
SUMMARY: This item provides an opportunity for the committee to discuss proposed amendments to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter C, Texas Certificate of High School Equivalency. Proposed amendments would update the rules related to the administration of high school equivalency examinations by multiple providers, including offering both paper-based and computer-based testing formats; accommodations for applicants with documented disabilities; court-ordered examinations; and fees and other provisions for the issuance of certificates.
STATUTORY AUTHORITY: Texas Education Code (TEC), §7.111.
TEC, §7.111, requires the State Board of Education (SBOE) to adopt rules to develop and deliver high school equivalency examinations and provide for the administration of the examinations online.
BOARD RESPONSE: This item is presented for review and comment.
PREVIOUS BOARD ACTION: The SBOE adopted 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter C, Texas Certificate of High School Equivalency, effective September 1, 1996. Rules in 19 TAC Chapter 89, Subchapter C, were last revised effective August 20, 2014.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: In November 2011, the committee discussed proposed modifications to the current high school equivalency program. The board asked Texas Education Agency (TEA) staff to produce a Request for Information (RFI) to identify available options for the operation of the Texas Certificate of High School Equivalency and report to the board the results of the RFI. At the November 2012 committee meeting, TEA staff presented the results of the RFI and provided information regarding the potential development of a new Texas High School Equivalency Examination. The committee requested that the TEA continue its relationship with the GED® Testing Service and not issue a Request for Proposals (RFP) for a Texas High School Equivalency Examination.
At the September 2013 meeting, the board approved for second reading and final adoption, proposed amendments to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter C, Texas Certificate of High School Equivalency, to update the rules, including the expansion of eligible entities that may apply to become testing centers and the change in the fee structure.
In November 2013, the committee requested that the TEA begin drafting an RFP to solicit proposals for a provider for the Texas Certificate of High School Equivalency examination.
Beginning January 2014, all tests administered as part of the Texas Certificate of High School Equivalency with the exception of tests provided by correctional institutions, transitioned from paper-based tests to computer-based tests.
On January 5, 2015, the TEA released a competitive RFP. Responses were due to the TEA on February 17, 2015. At the April 2015 SBOE meeting, TEA staff presented the results of the RFP. The SBOE requested that the TEA extend the existing provider's Memorandum of Understanding for six months beyond the expiration date and begin the development of a new RFP to potentially identify multiple test providers.
At the July 2015 meeting, the board approved a decision matrix of requirements to be included in a future RFP. During the September 2015 meeting, the board approved the competitive RFP to be released fall of 2015. On October 6, 2015, the TEA released a competitive RFP. Responses were due to TEA on November 17, 2015.
The rules in 19 TAC Chapter 89, Subchapter C, provide for administration of high school equivalency testing and certification, including provisions relating to official testing centers, test taker eligibility, accommodations for examinees with disabilities, and the issuance of high school equivalency certificates.
Proposed amendments to 19 TAC Chapter 89, Subchapter C, shown as Attachment II, would update the rules as follows.
Section 89.42, Official Testing Centers, would be amended to establish entities eligible to serve as official paper-based testing centers, identify potential testing center violations, and update provisions related to the administration of high school equivalency examinations as both paper-based and computer-based testing formats.
Section 89.43, Eligibility for a Texas Certificate of High School Equivalency, would be amended to add the statutory reference for court-ordered examinations.
Section 89.46, Accommodations, would be amended to prohibit testing centers from charging fees or prepayments to evaluate requests for accommodations and from charging additional fees for the administration of examinations with approved accommodations.
Section 89.47, Issuance of the Certificate, would be amended to update the calculation of the testing fee, clarify that the certificate must indicate the language and format of each test taken, and specify that notification of nonissuance or cancellation of a certificate will be made by the state administrator instead of the testing entity.
FISCAL IMPACT: Selection of multiple test providers and conforming amendments to current administrative rules may result in a need for the TEA to increase the administrative fee that is charged to test takers as a condition to the issuance of a high school equivalency certificate. The TEA will assess fiscal implications after the committee gives direction regarding the proposed amendments to bring forward for first reading and filing authorization.
PUBLIC AND STUDENT BENEFIT: Benefits may include added flexibility in test options and locations for individuals to access the test.
PROCEDURAL AND REPORTING IMPLICATIONS: The TEA does not anticipate that the proposed amendments will have any procedural or reporting implications; however, these implications will be assessed after the committee gives direction regarding the proposed amendments to bring forward for first reading and filing authorization.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The TEA does not anticipate that the proposed amendments will have any new locally maintained paperwork requirements; however, these implications will be assessed after the committee gives direction regarding the proposed amendments to bring forward for first reading and filing authorization.
PUBLIC COMMENTS: The official public comment period will begin when the proposal, approved for first reading and filing authorization by the SBOE, is published in the Texas Register.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: Discussion of Texas Certificate of High School Equivalency is presented for action as a separate item in this agenda.
Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Programs
Stacy Avery, Director
Texas Initiatives
Federal and State Education Policy
Attachments:
I. Statutory Citations (PDF, 17KB)
II. Text of Proposed Amendments to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter C, Texas Certificate of High School Equivalency (PDF, 29KB)