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September 2018 Committee on Instruction Item 5

Approval of Proposed Timeline to Meet Credit by Examination Provider Requirements

September 14, 2018

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: CONSENT

SUMMARY:
This item recommends approval of the proposed timeline submitted by Texas Tech University to meet credit by examination provider requirements in accordance with §74.24 (c)(5). Recently amended administrative rules for credit by examination permit an examination provider to obtain approval from the State Board of Education (SBOE) to demonstrate comparable results over a specified number of years if the number of students who take an examination in a given year is not sufficient to determine comparable results for all subgroups.

STATUTORY AUTHORITY: Texas Education Code (TEC), §7.102(c)(12) and §28.023.

TEC, §7.102(c)(12), authorizes the State Board of Education (SBOE) to establish guidelines for credit by examination.

TEC, §28.023, establishes that districts must develop or select for review examinations for acceleration for each primary school grade level and for credit for secondary school academic subjects based on guidelines established by the SBOE.

PREVIOUS BOARD ACTION: The SBOE adopted 19 TAC §74.24 effective September 1, 1996. Section 74.24 was last amended effective November 24, 2015. The board adopted amendments 19 TAC §74.24, effective August 27, 2018, to amend the provisions related to test development and validation.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
Section 74.24 addresses assessment for acceleration in Kindergarten through Grade 5 and assessment for course credit in Grades 6-12. The rule also outlines general provisions for the administration of credit by examination.

Companion bills HB 2694 and Senate Bill (SB) 1365, passed by the 83rd Texas Legislature, Regular Session, 2013, amended the TEC, §28.023, and the requirements for credit and acceleration by examination. Changes to the statute increased the number of testing opportunities a school district must provide each school year. The amended statute also required each school district to approve, to the extent available, at least four examinations for acceleration or for credit for each academic subject. Each examination must satisfy guidelines to be established by the SBOE, and the approved examinations must include College Board Advanced Placement (AP) examinations and College-Level Examination Program (CLEP) examinations. The legislation also reduced the minimum score requirement from 90 percent to 80 percent for a student to accelerate or be awarded credit.

HB 789, passed by the 85th Texas Legislature, Regular Session, 2017, amended TEC, §28.023, and the requirements for credit and acceleration by examination. Changes to statute apply only to Highland Park Independent School District students. The changes require the local board of trustees to establish the minimum score before the beginning of each school year for examinations to be administered during the school year and require that minimum score to apply for at least the entire academic year. The changes limit a minimum score to no greater than the 90th percentile. Texas Education Agency (TEA) determined that no changes to the rule were necessary as a result of HB 789.

Section 74.24 clarifies the development and validation criteria required for examinations for credit for Grades 6-8 and high school and establishes separate criteria for examinations for credit for courses that have a required state end-of-course (EOC) examination. This section requires districts or providers of examinations for credit to make public certain information regarding the development of the examinations and certify that the examinations meet the requirements in rule. Additionally, the rule requires that examinations for credit for courses that do not have a comparable EOC examination meet test development and validation requirements no later than the 2019-2020 school year in order to ensure continued availability of examinations to school districts. Section 74.24(c)(5) permits a provider to obtain approval from the SBOE to demonstrate comparable results over a specified number of years if the number of students who take an examination in a given year is not sufficient to determine comparable results. Approval may authorize use of the assessment, if the assessment meets all other criteria, during the period authorized by the SBOE to achieve comparable results. Texas Tech University has requested that the SBOE approve a timeline for demonstration of comparable results as authorized by §74.24(c)(5).

FISCAL IMPACT: None.

GOVERNMENT GROWTH IMPACT: None.

PUBLIC AND STUDENT BENEFIT: Approval of the proposed timeline will allow for students to have additional options and test administration opportunities for examinations for credit by examination.

PROCEDURAL AND REPORTING IMPLICATIONS:
None.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
None.

PUBLIC COMMENTS:
None

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: None.

MOTION TO BE CONSIDERED: The State Board of Education:

Approve the proposed timeline submitted by Texas Tech University to meet credit by examination provider requirements in accordance with §74.24 (c)(5).

Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Support Services

Shelly Ramos, Senior Director
Curriculum Standards and Student Support

Attachment I:  Statutory Citations
Attachment II:   Text of 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.24, Credit by Examination

Separate Exhibit: Proposed Timeline to Meet Credit by Examination Provider Requirements