The State Board of Education (SBOE) adopts an amendment to §74.24, concerning credit by examination. The amendment is adopted with changes to the proposed text as published in the May 11, 2018 issue of the Texas Register (43 TexReg 2903). The adopted amendment amends provisions related to test development and validation. The rule will be republished.

REASONED JUSTIFICATION. 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 (CBE).

Companion bills House Bill (HB) 2694 and Senate Bill (SB) 1365, 83rd Texas Legislature, Regular Session, 2013, amended Texas Education Code (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, 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 requires that for a school district to administer a district-developed examination for the award of credit for courses with a required end-of-course (EOC) examination, the school district must certify that the examination meets the following criteria: the examination covers all assessable Texas Essential Knowledge and Skills (TEKS); has not been published and is not publicly available; will only be administered in a secure environment under standardized conditions by a school district or institution of higher education; has been externally validated; is equivalent to state-level EOC assessment instruments in terms of content coverage, item difficulty, and technical quality; yields comparable results for all sub-groups; and is validated against the applicable EOC instrument. The rule also specifies that examinations developed by Texas Tech University and The University of Texas at Austin that do not have a comparable EOC examination must meet all requirements no later than the 2018-2019 school year.

The adopted amendment to §74.24 eliminates the requirement that examinations developed by Texas Tech University and The University of Texas at Austin that do not have a comparable EOC examination must meet test development and validation requirements no later than the 2018-2019 school year in order to ensure continued availability of examinations to school districts.

The adopted amendment clarifies the development and validation criteria required for examinations for credit for Grades 6-8 and high school in order to ensure that examinations remain available to school districts. The adopted amendment also establishes separate criteria for examinations for credit for courses that have a required state EOC examination and specifies that these examinations must be externally validated and determined to assess the appropriate level of rigor in the TEKS and yield comparable results for tested subgroups.

The adopted amendment 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. The adopted amendment adds the requirement that all credit by examination providers make public an annual report that includes the test development process and certain data on student performance on their examinations. Additionally, the adopted amendment requires that examinations for credit for courses that do not have a comparable EOC examination must 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.

At the April 2018 SBOE meeting, the SBOE approved for first reading and filing authorization the proposed amendment to 19 TAC §74.24.

The following changes were made to §74.24 since published as proposed.

Section 74.24(a)(3)(A) was amended to clarify the requirements for CBE tests developed by Texas Tech University and The University of Texas at Austin to appropriately align to the rigor of the TEKS.

Section 74.24(b)(1) was amended to add the requirement that local districts obtain approval from the board of trustees for an audit process for CBE examinations administered for kindergarten acceleration.

Section 74.24(c)(1) was amended to add the requirement that local districts obtain approval from the board of trustees for an audit process for CBE examinations administered for each high school course.

Section 74.24(c)(2) was amended to clarify that the required evaluation of CBE tests does not have to be an external evaluation. Additionally, this subsection was amended to specify that CBE tests must be evaluated to ensure test scores can be interpreted as indicators of what the test is intended to measure and ensure the consistency of test results across testing conditions. The requirements for making public certain information was moved to new §74.27(c)(3).

New §74.24(c)(3) requires a school district or CBE provider to make public an annual report that includes the test development process, a statement certifying that each examination meets the requirement for an evaluation of validity and reliability as required in §74.24(c)(2), and data on the number of students who took each examination, scored 70% or higher on each examination, and scored 80% or higher on each examination and the average score for all students who took each examination.

Section 74.24(c)(3), renumbered as §74.24(c)(4), was amended to clarify the requirements for an external validation for an examination for credit for a course with a corresponding EOC examination. The amendment requires the validation to include a determination that each examination assess the appropriate level of rigor for each student expectation for the course and yield comparable results among tested subgroups rather than all subgroups. The requirement that the CBE tests have comparable item difficulty to the relevant state EOC assessment was eliminated.

New §74.24(c)(5) was added to establish that if the number of students who take CBE examination in a given year is not sufficient to determine comparable results among subgroups, the CBE provider may obtain approval from the SBOE to demonstrate comparable results over a specified number of years.

Section 74.24(c)(4), renumbered as §74.24(c)(6), was amended to add the requirement that, for CBE examinations for courses with corresponding EOC examinations, a district or CBE provider must make public the annual report required in §74.24(c)(3) and data for all tested subgroups disaggregated by students who receive prior instruction and students with no prior instruction and including descriptive data for small subgroups. The requirement to make public a statistical analysis was eliminated.

The SBOE approved the amendment for first reading and filing authorization at its April 13, 2018, meeting and for second reading and final adoption at its June 15, 2018, meeting.

In accordance with the TEC, §7.102(f), the SBOE approved the amendment for adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2019-2020 school year. The earlier effective date will allow school districts and assessment providers to have additional time to adequately address requirements outlined in the rule and will ensure continued availability of examinations to school districts. The effective date of the amendment is August 27, 2018.

SUMMARY OF COMMENTS AND RESPONSES. Following is a summary of the public comments received on the proposal and the corresponding responses.

Comment. A coalition of 11 organizations, including the Texas Association of School Administrators (TASA), The University of Texas at Austin, Texas Tech University, Texas School Alliance (TSA), Texas Association of Community Schools (TACS), Texas Urban Council, Texas Association of School Boards (TASB), Texas Association of Bilingual Educators (TABE), Texas Association of Mid-Sized Schools (TAMS), Texas Association for the Gifted and Talented (TAGT), and Mexican American School Board Association (MASBA), recommended that the SBOE amend §74.24(a)(3)(A) to replace "Texas Tech University and The University of Texas at Austin" with "A school district or other provider of the assessment." The coalition stated that this revision would add consistency and clarity of process for all CBE providers. Texans Advocating for Meaningful Student Assessment (TAMSA), 18 administrators, 1 parent, and 2 university representatives supported this comment.

Response. The SBOE disagrees and has determined that §74.24(a)(3) applies only to Texas Tech University and The University of Texas at Austin and other CBE providers should not be added to this paragraph. The SBOE has determined that ensuring that all CBE providers ensure the assessments they provide are aligned with and contain the breadth of coverage of the TEKS is appropriately addressed in subsection (c)(2).

Comment. Texas Tech University recommended that the SBOE amend §74.24(a)(3) to add the requirement that the audit assess whether CBE tests are aligned with the rigor of the TEKS.

Response. The SBOE agrees with the recommendation and took action to amend §74.24(a)(3)(A) to read, "For each grade level or course, Texas Tech University and The University of Texas at Austin shall ensure that the assessments they provide for the purposes of this section are aligned to and address all assessable Texas Essential Knowledge and Skills (TEKS) at the appropriate level of rigor."

Comment. The coalition of 11 organizations recommended that the SBOE amend §74.24(a)(3)(B) to replace "Texas Tech University and The University of Texas at Austin" with "A school district or other provider of the assessment." The coalition stated that this revision would add consistency and clarity of the process for conducting and providing audit results for all CBE providers. TAMSA, 18 administrators, 1 parent, and 2 university representatives supported this comment.

Response. The SBOE disagrees and determined that the requirement to conduct an annual audit of 20% of CBEs should pertain only to the university providers and not to school districts. However, in response to this comment, the SBOE did add to §74.24(b)(1) and (c)(1) a requirement for local boards of trustees to approve an audit process for examinations used for acceleration for kindergarten and for high school course credit.

Comment. The coalition of 11 organizations recommended that the SBOE amend §74.24(c)(2)(D) to delete "externally evaluated to ensure validity and reliability" and insert "validated to determine the extent to which exam scores can be interpreted as indicators of what the exam is intended to measure." The coalition stated that these revisions clarify the intent of validation. The coalition added that the deletion of reliability would add consistency to the rule text because the term is not included in other subsections that address validation and audit requirements. TAMSA, 18 administrators, 1 parent, and 2 university representatives supported this comment.

Response. The SBOE agrees with the commenters that an external evaluation is not necessary and that the use of the definition of validation was appropriate to include in the rule as adopted. The SBOE disagrees with the recommendation to eliminate the requirement that examinations be evaluated for reliability and has determined that this is a necessary part of the evaluation. In response to this and other comments, the SBOE took action to amend §74.24(c)(2)(D) to read, "has been evaluated to ensure: (i) test scores can be interpreted as indicators of what the test is intended to measure; and (ii) consistency of test results across testing conditions."

Comment. The coalition of 11 organizations proposed amending §74.24(c)(2)(D) to add language clarifying that school districts and other CBE providers satisfy the validation requirement by meeting the third-party audit requirements. TAMSA, 18 administrators, 1 parent, and 2 university representatives supported this comment.

Response. The SBOE disagrees and has determined that the audit process does not require an evaluation to ensure validity and reliability as required in §74.24(c)(2)(D).

Comment. The coalition of 11 organizations proposed adding language to §74.24(c)(2) to read, "Each school district must make public an annual report including (i) the number of students who took each exam, (ii) the number of students who scored 70% or above for each exam, (iii) the number of students who scored 80% or above for each exam, and (iv) the average percentage for testers for each exam." The coalition stated that the additional reporting requirement for all CBE providers would improve transparency of student outcomes. TAMSA, 18 administrators, 1 parent, and 2 university representatives supported this comment.

Response. The SBOE agrees with the recommendation that CBE providers make public an annual report with certain student performance data. In response to this and other comments, the SBOE took action to add new §74.24(c)(3) to read, "A school district or the provider of the assessment must make public an annual report, including: (A) the test development process; (B) a statement certifying that the examination meets the criteria in paragraph (2)(D) of this subsection; (C) the number of students who took each examination; (D) the number of students who scored 70% or above on each examination; (E) the number of students who scored 80% or above on each examination; and (F) the average score for all students who took the examination for each examination."

Comment. The coalition of 11 organizations proposed amending §74.24(c)(3)(B) to eliminate the requirement that CBEs for courses with a state EOC examination be externally validated. The coalition proposed the change for consistency and clarity purposes. TAMSA, 18 administrators, 1 parent, and 2 university representatives supported this comment.

Response. The SBOE disagrees and determined that an external validation for CBEs for courses with a state EOC examination was appropriately included in the rules.

Comment. The coalition of 11 organizations proposed that the SBOE add new §74.24(c)(3)(B)(ii) to require that CBEs for courses with a state EOC examination be externally validated and determined to "assess the appropriate level of rigor compared to each TEKS." TAMSA, 18 administrators, 1 parent, and 2 university representatives supported this comment.

Response. The SBOE agrees and took action to amend adopted §74.24(c)(4)(B)(ii) to read, "assess the appropriate level of rigor for each student expectation; and".

Comment. Texas Tech University proposed deleting §74.24(c)(3)(B)(iii), the requirement that CBEs for courses with a state EOC examination have comparable item difficulty to state EOC assessment instruments. The commenter recommended removing the item difficulty requirement because the comparability to the EOC examinations cannot be measured in a scientifically meaningful way.

Response. The SBOE agrees with the recommendation to remove the requirement that CBEs for courses with a state EOC examination have comparable item difficulty to state EOC assessment instruments. In response to this and other comments, the SBOE eliminated proposed §74.24(c)(3)(B)(iii).

Comment. The coalition of 11 organizations proposed deleting §74.24(c)(3)(B)(iii), the requirement that CBEs for courses with a state EOC examination have comparable item difficulty to state EOC assessment instruments. The coalition recommended removing the item difficulty requirement because CBEs are used by a school district to determine whether a student can be awarded credit for a course, which is a different purpose than the State of Texas Assessments of Academic Readiness (STAAR®) examinations. The organizations added that decisions about course credit are made locally by school districts. Additionally, the coalition stated that the Texas Legislature has not appropriated funds for the development of CBEs because they serve a different purpose than the STAAR® examinations. TAMSA, 18 administrators, 1 parent, and 2 university representatives supported this comment.

Response. The SBOE agrees with the recommendation to remove the requirement that CBEs for courses with a state EOC examination have comparable item difficulty to state EOC assessment instruments. In response to this and other comments, the SBOE eliminated proposed §74.24(c)(3)(B)(iii).

Comment. The coalition of 11 organizations proposed replacing §74.24(c)(4)(C) requiring a statistical analysis of the external validation with a requirement that the CBE provider make public an annual report of the number of students who took each CBE, the numbers of students who scored 70% and 80% or above on each CBE, and "the average percentage for testers for each exam." TAMSA, 18 administrators, 1 parent, and 2 university representatives supported this comment.

Response. The SBOE agrees with the recommendation that CBE providers make public an annual report with certain student performance data; however, the SBOE determined that the requirement was more appropriate in new §74.24(c)(3). In response to this and other comments, the SBOE took action to add new §74.24(c)(3) to read, "A school district or the provider of the assessment must make public an annual report, including: (A) the test development process; (B) a statement certifying that the examination meets the criteria in paragraph (2)(D) of this subsection; (C) the number of students who took each examination; (D) the number of students who scored 70% or above on each examination; (E) the number of students who scored 80% or above on each examination; and (F) the average score for all students who took the examination for each examination."