A Microsoft Word version of this letter is available for download and PRINTING.

September 10, 2008

To the Administrator Addressed:

Subject: Administration of Local Assessments

Senate Bill (S.B.) 1031 was passed by the 80th Texas Legislature in May 2007 and was signed into law by Governor Perry in June 2007. The purpose of this letter is to clarify for districts the meaning of Section 39.0262 in this bill, which addresses “the administration of local assessment instruments in certain subject areas.” Specifically, this section of the bill states:

1. In a subject area for which assessment instruments are administered under Section 39.023, a school district may not administer local assessment instruments to any student on more than 10 percent of the instructional days in any school year.
2. The prohibition prescribed by this section does not apply to the administration of a college preparation assessment instrument, an advanced placement test, an international baccalaureate test, or an assessment instrument administered under Section 39.023.

The 10% limitation is not intended to apply to non-local assessments, including state and federally mandated assessments, such as the Texas Assessment of Knowledge and Skills (TAKS), the Texas English Language Proficiency Assessment System (TELPAS), and the National Assessment of Educational Progress (NAEP); national college preparation tests, such as the Preliminary Scholastic Aptitude Test (PSAT), SAT, PLAN (the Preliminary American College Test), and ACT; advanced placement (AP) tests; international baccalaureate (IB) tests; and national norm-referenced tests, such as the Iowa Test of Basic Skills (ITBS).

The Texas Education Agency’s understanding is that the 10% limitation was included in S.B. 1031 to deter districts from overusing benchmark tests that are focused solely on the Texas Essential Knowledge and Skills (TEKS) student expectations assessed on TAKS. This limitation requires districts to use benchmark testing judiciously rather than employing narrowly focused preparation strategies prior to TAKS testing. Frequent benchmarking of students reduces the amount of time available for instruction and contributes to student fatigue and test anxiety.

Students’ success in the classroom and on state assessments is dependent on the quality of teaching and instructional programs. Student progress can be monitored effectively throughout the school year by using formative evaluations that are linked to student learning of all the TEKS.

Strong, coherent instructional programs that provide students with the appropriate level of support allow them to learn the knowledge and skills they need to be academically successful in the classroom and to graduate from high school prepared for college and a meaningful career. The purpose of the state assessments and accountability standards for public education is to ensure that all Texas public schools are teaching students the TEKS at the depth and breadth necessary to reach these goals.

Sincerely,

Robert Scott
Commissioner of Education

cc:District Testing Coordinators, Education Service Center (ESC) Executive Directors, ESC Testing Coordinators