Chapter 101. Assessment
Subchapter CC. Commissioner's Rules Concerning Implementation of Testing Program
Statutory Authority: The provisions of this Subchapter CC issued under Senate Bill 103, Section 9, 76th Texas Legislature, 1999 (Acts of the 76th Texas Legislature, 1999, Chapter 397), and the Texas Education Code, Chapter 39, Subchapter B, unless otherwise noted.
§101.3001. Implementation of Assessment Instruments.
(a) In accordance with Senate Bill 103, Section 9, 76th Texas Legislature, 1999, this subsection is adopted by the commissioner of education for the implementation of the Texas Education Code (TEC), §39.023. In this subsection, the Act means Acts of the 76th Texas Legislature, 1999, Chapter 397.
(1) The State Board of Education (SBOE) shall administer each assessment instrument added by the Act not later than the 2002-2003 school year, in accordance with the rules governing the assessment program set forth in Chapter 101 of this title (relating to Assessment).
(2) The Texas Education Agency (TEA), not later than the 2004-2005 school year, shall include the results of student performance on each assessment instrument added by the Act in evaluating the performance of school districts, campuses, and open enrollment charter schools under the TEC, Chapter 39, Subchapter D.
(3) The SBOE, not later than the 2004-2005 school year, shall administer assessment instruments under the TEC, §39.023(b), that correspond to the following assessment instruments required under the TEC, §39.023(a), as amended by the Act:
(A) the mathematics assessment instrument administered in Grades 9 and 10;
(B) the reading assessment instrument administered in Grade 9; and
(C) the English language arts assessment instrument administered in Grade 10.
(4) The TEA, not later than the 2006-2007 school year, shall include the results of student performance on each assessment instrument described by paragraph (3) of this subsection in evaluating the performance of school districts, campuses, and open-enrollment charter schools under the TEC, Chapter 39, Subchapter D.
(5) Pending the introduction of any assessment instrument added by the Act:
(A) the SBOE shall administer each appropriate assessment under the TEC, §39.023, as that section existed before amendment by the Act;
(B) a student who performed satisfactorily on the end-of-course assessment instruments specified by the TEC, §39.025, as that section existed before amendment by the Act, is entitled to receive a high school diploma if the student completes all other requirements for high school graduation; and
(C) the former law as specified in the TEC, Chapter 39, Subchapter B, is continued in effect for the purposes provided by this paragraph.
(b) In accordance with House Bill 411, Section 5, 78th Texas Legislature, 2003, this subsection is adopted by the commissioner of education for the implementation of the TEC, §39.023(a)(6) and (7). In this subsection, the Act means Acts of the 78th Texas Legislature, 2003, Chapter 1212.
(1) The SBOE, not later than the 2006-2007 school year, shall administer a science assessment instrument to students in Grade 8, as amended by this Act.
(2) The TEA, not later than the 2008-2009 school year, shall include the results of student performance on the Grade 8 science assessment instrument in evaluating the performance of school districts, campuses, and open-enrollment charter schools under the TEC, Chapter 39, Subchapter B, as amended by this Act.
(3) The TEA, shall administer to students assessments in any other subject and grade required by federal law.
Source: The provisions of this §101.3001 adopted to be effective February 16, 2003, 28 TexReg 1175; amended to be effective February17, 2005, 30 TexReg 711; amended to be effective July 20, 2006, 31 TexReg 5616.
§101.3003. Assessment Requirements for Graduation.
(a) Students who were enrolled in Grade 8 or lower on January 1, 2001, and who did not complete all coursework required to graduate by September 1, 2004, must fulfill testing requirements for graduation with the exit level Texas Assessment of Knowledge and Skills (TAKS) tests, as required by the Texas Education Code (TEC), §39.023(c), as that section existed before amendment by Senate Bill (SB) 1031, 80th Texas Legislature, 2007. For purposes of this section, coursework necessary to graduate means all of the coursework required under the student's graduation plan.
(b) With the exception of students who meet the criteria described in subsection (c) of this section, students who were enrolled as follows shall fulfill testing requirements for graduation with the exit level TAKS under applicable performance standards established by the commissioner of education and published on the Texas Education Agency (TEA) website, in lieu of the exit level Texas Assessment of Academic Skills (TAAS):
(1) in Grade 9 or higher on January 1, 2001, regardless of when they are scheduled to graduate; or
(2) in Grade 8 or lower on January 1, 2001, if they were on an accelerated track and fulfilled all coursework necessary to graduate by September 1, 2004.
(c) A student who entered Grade 11 in the 1989-1990 school year or an earlier school year shall fulfill testing requirements for graduation with the exit level TAKS under an applicable performance standard established by the commissioner of education that corresponds to the performance standard in effect for the exit level Texas Educational Assessment of Minimum Skills (TEAMS) when the student was first eligible to take the exit level TEAMS. Performance standards that apply to TEAMS students will be published on the TEA website.
(d) A student fulfilling testing requirements under subsection (b) of this section will be required to take only those sections of the exit level TAKS that correspond to the subject areas formerly assessed by the exit level TAAS (reading, writing, and mathematics) for which the student has not yet met the passing standard.
(1) If a student has not yet met the passing standard on TAAS reading, the student will be administered only the reading multiple-choice items from the TAKS English language arts (ELA) test.
(2) If a student has not yet met the passing standard on TAAS writing, the student will be administered only the writing prompt and the revising and editing multiple-choice items from the TAKS ELA test.
(e) A student fulfilling testing requirements under subsection (c) of this section will be required to take only those sections of the exit level TAKS that correspond to the subject areas formerly assessed by the exit level TEAMS (reading and mathematics) for which the student has not yet met the passing standard. If a student has not yet met the passing standard on TAAS reading, the student will be administered only the reading multiple-choice items from the TAKS ELA test.
(f) Notwithstanding any of the requirements in subsections (a)-(e) of this section, students who pass all of the required exit level TAKS tests have fulfilled their testing requirements for graduation.
(g) Beginning with the 2011-2012 school year, students first enrolled in Grade 9 or lower must fulfill testing requirements for graduation with the end-of-course assessment instruments, as specified in the TEC, §39.023(c), as amended by SB 1031, 80th Texas Legislature, 2007.
Source: The provisions of this §101.3003 adopted to be effective February 17, 2005, 30 TexReg 711; amended to be effective October 18, 2009, 34 TexReg 7067; amended to be effective February 22, 2010, 35 TexReg 1461.
§101.3004. Performance Standards.
(a) The commissioner of education shall determine the level of performance considered to be satisfactory on the assessment instruments. The figures in this section identify the performance standards established by the commissioner of education for state-developed assessments, as required by the Texas Education Code (TEC), Chapter 39, Subchapter B, for all grades, assessments, and subjects.
(b) The figure in this subsection identifies the performance standards established by the commissioner for the Texas Assessment of Knowledge and Skills (TAKS) for all grades and subjects other than reading and mathematics in Grades 3-8. Except as otherwise provided by this subsection, the "commended" and "met" standards are based on spring 2003 operational test forms. Future forms will be equated by the Texas Education Agency to the 2003 assessments in order to ensure that equivalent standards are maintained. The "commended" and "met" standards for the TAKS Grade 8 science assessment are based on the spring 2006 operational test form. Future forms of the Grade 8 science assessment will be equated by the Texas Education Agency to the 2006 assessment in order to ensure that equivalent standards are maintained. The exit-level standard in place when a student enters Grade 10 is the standard that will be maintained throughout the student's high school career.
(c) The figure in this subsection identifies the performance standards established by the commissioner for the TAKS reading and mathematics assessments in Grades 3-8. The "commended" and "met" standards are based on the spring 2008 operational test forms following the implementation of the vertical scale required under the TEC, §39.036. Future forms of the test will be equated by the Texas Education Agency to the 2008 assessment in order to ensure that equivalent standards are maintained.
Source: The provisions of this §101.3004 adopted to be effective February 22, 2010, 35 TexReg 1461.
§101.3031. Required Test Administration Procedures and Training Activities to Ensure Validity, Reliability, and Security of Assessments.
(a) Purpose. To ensure that each assessment instrument is reliable and valid and meets applicable federal requirements for measurement of student progress, the commissioner of education shall establish test administration procedures and required training activities that support the standardization and security of the test administration process.
(b) Test administration procedures. These test administration procedures shall be delineated in the test administration materials provided to school districts and charter schools annually. Districts and charter schools must comply with all of the applicable requirements specified in the test administration materials. Test administration materials shall include, but are not limited to, the following:
(1) general testing program information;
(2) requirements for ensuring test security and confidentiality described in the 2012 Test Security Supplement provided in this subsection;
Figure: 19 TAC §101.3031(b)(2)
(3) procedures for test administration;
(4) responsibilities of personnel involved in test administration; and
(5) procedures for materials control.
(c) Training activities. As part of the test administration procedures, the commissioner shall require training activities to ensure that testing personnel have the necessary skills and knowledge required to administer assessment instruments in a valid, standardized, and secure manner. The commissioner may require evidence of successful completion of training activities. Test coordinators and administrators must receive all applicable training as required in the test administration materials.
(d) Records retention. As part of test administration procedures, the commissioner shall require school districts and charter schools to maintain records related to the security of assessment instruments for a minimum of five years.
Statutory Authority: The provisions of this §101.3031 issued under the Texas Education Code, §39.0301 and §39.0304.
Source: The provisions of this §101.3031 adopted to be effective March 26, 2012, 37 TexReg 2083.
For additional information, email rules@tea.state.tx.us.