18_08 Proposed Amendment to 19 TAC §101.3011
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 1, Implementation of Assessment Instruments, §101.3011, Implementation and Administration of Academic Content Area Assessment Instruments
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 1, Implementation of Assessment Instruments, §101.3011, Implementation and Administration of Academic Content Area Assessment Instruments (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 1, Implementation of Assessment Instruments, §101.3011, Implementation and Administration of Academic Content Area Assessment Instruments. The proposed amendment would require Texas public school districts and open-enrollment charter schools to administer to students assessments in any subject and grade required by federal law but not administered by the Texas Education Agency (TEA) under Texas Education Code (TEC), §39.023, and would specify the assessments to be given to certain students.
STATUTORY AUTHORITY: TEC, §39.023, and the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA), §1111(b)(2)(B)(v)(I) and (C).
TEC, §39.023, requires that all eligible students be administered the Grades 3-8 state-developed assessments. TEC, §39.023(a)(6), requires students to be assessed in any other subject and grade required by federal law.
ESEA, as amended by the ESSA, §1111(b)(2)(B)(v)(I), requires statewide assessments in mathematics and reading or language arts every year in third through eighth grade and at least once in high school.
ESEA, as amended by the ESSA, §1111(b)(2)(C), provides that a student taking advanced mathematics courses in middle school is not required to take his or her mathematics grade level assessment if the student is taking a high school end-of-course assessment that is used to satisfy the required mathematics high school assessment, but that student would need to take a more advanced assessment in high school to measure student achievement.
EARLIEST POSSIBLE DATE OF ADOPTION: September 24, 2018.
PROPOSED EFFECTIVE DATE: November 25, 2018.
BACKGROUND INFORMATION AND JUSTIFICATION: Section 101.3011 establishes provisions for the administration of assessment instruments adopted or developed under TEC, §39.023. TEC, §39.023(a-2)(2), identifies exceptions to state assessment requirements for any student in Grades 3-8 enrolled in a course for which the student will receive high school credit and will be administered an end-of-course (EOC) assessment instrument. Prior to high school, such students may take the only state assessment in mathematics required for graduation. Similarly, some students may be administered the English I and English II EOC assessments prior to high school. However, federal law (ESEA, as amended by the ESSA, §1111(b)(2)(B)(v)(I)(bb)) requires students to be administered mathematics and reading or language arts assessments at least once in high school.
The proposed amendment to §101.3011 would ensure that students are assessed in mathematics and reading or language arts in high school as required by federal law. Specifically, the proposed amendment would modify subsection (e) to require school districts to use the SAT or ACT to fulfill federal high school assessment requirements for students who took the State of Texas Assessments of Academic Readiness (STAAR®) Algebra I EOC assessment or both the STAAR® English I and English II EOC assessments prior to high school.
FISCAL IMPACT: The TEA has determined that school districts with students who took STAAR® Algebra I or STAAR® English I and English II prior to high school will incur an estimated cost of $50 per student to assess those students in mathematics and reading or language arts while in high school with either the SAT or ACT. Although the number of such students within each district is variable, the number of students statewide is estimated to be about 109,000. Therefore, the statewide total would be approximately $5,450,000.
Similarly, the TEA has determined that each student who planned to take the SAT or ACT in high school and took STAAR® Algebra I or STAAR® English I and English II prior to high school will save approximately $50 by not having to pay to take either the SAT or ACT.
There is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; 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.
The proposed amendment would impose a cost on local government under Texas Government Code, §2001.0045. School districts will be required to bear the cost of administering the SAT or ACT to students in their district who took the STAAR® Algebra I or STAAR® English I and English II prior to high school. The cost is estimated to be $50 per student for about 109,000 students for a total statewide cost of approximately $5,450,000. However, the proposed amendment is exempt from the Texas Government Code, §2001.0045, as provided under this statute, because the amendment is necessary to comply with federal law.
GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would create a new regulation. The proposed amendment would require Texas public school districts and open-enrollment charter schools to administer assessments to students in any subject and grade required by federal law but not covered by TEC, §39.023. The proposed amendment would also require students who took the STAAR® Algebra I or STAAR® English I and English II assessments prior to high school to be assessed in mathematics and reading or language arts while in high school with either the SAT or ACT.
The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.
PUBLIC AND STUDENT BENEFIT: The proposed amendment would ensure that students who take STAAR® Algebra I or STAAR® English I and English II prior to high school will be administered a mathematics or reading or language arts assessment while in high school as required by federal law.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would have no reporting implications, but school districts may need to implement new or revised procedures to ensure students who took STAAR® Algebra I or STAAR® English I and English II prior to high school are administered the SAT or ACT in high school.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendment would have no locally maintained paperwork requirements.
PUBLIC COMMENTS: The public comment period on the proposal begins August 24, 2018, and ends September 24, 2018.
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 August 24, 2018.
Staff Members Responsible:
Penny Schwinn, Chief Deputy Commissioner, Office of Academics
Julie Guthrie, Director of Policy and Publications, Student Assessment