September 1, 2021 Committee of the Full Board Item 6

Discussion of 19 TAC Chapter 101, Assessment, Subchapter A, General Provisions, Subchapter B, Implementation of Assessments, and Subchapter C, Local Option

September 1, 2021

COMMITTEE OF THE FULL BOARD: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION

SUMMARY: This item provides an opportunity for the committee to discuss potential amendments to 19 Texas Administrative Code (TAC) Chapter 101, Assessment, Subchapter A, General Provisions, Subchapter B, Implementation of Assessments, and Subchapter C, Local Option. The rules in Chapter 101, Subchapters A-C, address the development and administration of tests, voluntary assessment of private school students, the schedule for the release of tests, and administration and reporting of group-administered achievement tests.

STATUTORY AUTHORITY: Texas Education Code (TEC), §§39.021; 39.022; 39.023, as amended by House Bill (HB) 3607, HB 3261, and Senate Bill (SB) 2066, 87th Texas Legislature, Regular Session, 2021; 39.025, as amended by HB 1603 and HB 4545, 87th Texas Legislature, Regular Session, 2021; 39.032; and 39.033.

TEC, §39.021, requires that the State Board of Education (SBOE) by rule establish the Texas Essential Knowledge and Skills (TEKS) that all students should learn.

TEC, §39.022, requires that the SBOE by rule create and implement a statewide assessment program that is knowledge-and skills-based to ensure school accountability for student achievement.

TEC, §39.023, as amended by HB 3607, HB 3261, and SB 2066, 87th Texas Legislature, Regular Session, 2021, requires school districts to administer the Grades 3-8 state-developed assessments and the end-of-course assessments to all eligible students.

TEC, §39.025, as amended by HB 1603 and HB 4545, 87th Texas Legislature, Regular Session, 2021, requires a student to pass each end-of-course assessment listed in TEC, §39.023(c), only for a course in which the student is enrolled and for which an end-of-course assessment is administered in order to receive a Texas diploma.

TEC, §39.032, requires the SBOE to adopt rules to implement assessment instrument standards for group-administered achievement tests.

TEC, §39.033, allows for the voluntary assessment of private school students and requires the SBOE to determine the cost of administering the assessment instrument.

The full text of statutory citations can be found in the statutory authority section of this agenda.

FUTURE ACTION EXPECTED: Any proposed amendments to 19 TAC Chapter 101, Subchapters A-C, will be presented for first reading and filing authorization at the November 2021 SBOE meeting.

BACKGROUND INFORMATION AND JUSTIFICATION: The goal of the Texas assessment program is to measure and support student progress toward achieving academic success. The primary purpose of the state student assessment program is to provide an accurate measure of student achievement in the areas of reading, writing, mathematics, social studies, and science. Based on the requirements of the TEC, the assessment program evaluates the degree to which students have mastered the state-mandated curriculum, the TEKS.

In 2007, the 80th Texas Legislature enacted Senate Bill (SB) 1031, and in 2009, the 81st Texas Legislature enacted House Bill (HB) 3, both of which made significant changes to the Texas student assessment program and required the development and implementation of the State of Texas Assessments of Academic Readiness (STAAR®) program. With HB 2135 in 2011, the 82nd Texas Legislature further modified assessment requirements for students who test above grade level. HB 5, passed by the 83rd Texas Legislature in 2013, and HB 2349, passed by the 84th Texas Legislature in 2015, amended state assessment graduation requirements. In the 2016-2017 school year, to meet the legislative requirements of HB 743, 84th Texas Legislature, 2015, the total length of each STAAR® Grades 3-8 assessment was reduced. In response to these changes, the commissioner of education has adopted and amended rules as necessary to implement the legislative requirements for the STAAR® assessment program. The commissioner rules include student testing requirements, grade advancement requirements, testing requirements for graduation, released test requirements, and accelerated instruction requirements.

According to the TEC, the SBOE is responsible for adopting rules related to the general establishment of the assessment program for purposes of accountability. This SBOE requirement is met through the following rules in 19 TAC Chapter 101.

In Subchapter A, §101.1, Scope of Rules; §101.3, Policy; and §101.5, Student Testing Requirements, establish the assessment program and require all students receiving instruction in the TEKS to be assessed.

In Subchapter B, §101.25, Schedule, and §101.27, Administrative Procedures, specify that the commissioner will adopt a schedule for administering the assessments and require uniform administrative procedures. Section 101.31, Private Schools, establishes provisions for the voluntary assessment of private school students. As provided by TEC, §39.033(c), the SBOE approves the per-student costs for private schools that administer state assessments. Section 101.33, Release of Tests, establishes a release test schedule in accordance with TEC, §39.023(e).

In Subchapter C, §101.101, Group-Administered Tests, governs the administration and renorming of local option group-administered assessments as authorized under TEC, §39.026 and §39.032.

Staff Members Responsible:
Iris Tian, Director, Student Assessment
Julie Cole, Director of Policy and Publications, Student Assessment
Spencer Barr, Senior Policy Analyst, Student Assessment

Attachment:
Text of 19 TAC Chapter 101, Assessment, Subchapter A, General Provisions, Subchapter B, Implementation of Assessments, and Subchapter C, Local Option