| (a) An assessment instrument to which this section
is applicable under the Texas Education Code (TEC), §39.032,
is defined as any district-commissioned achievement test, either nationally
normed or criterion-referenced, that is group administered and reported
publicly (e.g., to the local board of trustees) in the aggregate.
A test given for a special purpose such as program placement or individual
evaluation (e.g., a spelling test, a diagnostic test such as a reading
inventory or interim benchmark assessment, or a released statewide
assessment instrument) is not included in this definition. The commissioner
of education shall provide annually to school districts and charter
schools a list of state-approved, norm-referenced group-administered
achievement tests that test publishers certify meet the requirements
of the TEC, §39.032.
(b) A company or organization scoring a test defined
in subsection (a) of this section shall send test results to the school
district for verification. The school district shall have 90 days
to verify the accuracy of the data and report the results to the school
district board of trustees.
(c) State and national averages for an assessment instrument
under this section must be computed using data that are not more than
eight years old at the time the assessment instrument is administered
and that are representative of the group of students to whom the assessment
instrument is administered. This eight-year limitation does not apply
if only data older than eight years are available for an assessment
instrument.
(d) To maintain the security and confidentiality of
group-administered achievement tests, school districts and charter
schools shall follow the applicable procedures for test security and
confidentiality delineated in §101.3031 of this title (relating
to Required Test Administration Procedures and Training Activities
to Ensure Validity, Reliability, and Security of Assessments).
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| Source Note: The provisions of this §101.101 adopted to be effective November 15, 2001, 26 TexReg 9088; amended to be effective December 7, 2003, 28 TexReg 10940; amended to be effective April 21, 2010, 35 TexReg 3030; amended to be effective March 14, 2013, 38 TexReg 1676 |
