| (a) The Texas Education Agency (TEA) shall administer
each assessment instrument under the Texas Education Code (TEC), §39.023(a),
(b), (c), and (l), and §39.0238, in accordance with the rules
governing the assessment program set forth in Chapter 101 of this
title (relating to Assessment).
(1) For purposes of federal accountability as allowed
by subsection (d) of this section, a Grade 3-8 student shall not be
administered a grade-level assessment if the student:
(A) is enrolled in a course or subject intended for
students above the student's enrolled grade level and will be administered
a grade-level assessment instrument developed under the TEC, §39.023(a),
that aligns with the curriculum for that course or subject within
the same content area; or
(B) is enrolled in a course for high school credit
in a subject intended for students above the student's enrolled grade
level and will be administered an end-of-course assessment instrument
developed under the TEC, §39.023(c), that aligns with the curriculum
for that course or subject within the same content area.
(2) For purposes of federal accountability as allowed
by subsection (d) of this section, a Grade 3-8 student who is accelerated
in mathematics, reading/language arts, or science and on schedule
to complete the high school end-of-course assessments in that same
content area prior to high school shall be assessed at least once
in high school with the ACT® or the SAT®.
(3) A student is only eligible to take an assessment
instrument intended for use above the student's enrolled grade if
the student is on schedule to complete instruction in the entire curriculum
for that subject during the semester the assessment is administered.
(4) As specified in the TEC, §28.0211(p), a Grade
5 or 8 student described by paragraph (1)(A) or (B) of this subsection
may not be denied promotion on the basis of failure to perform satisfactorily
on an assessment instrument above the student's grade level.
(b) The TEA shall administer alternative assessment
instruments under the TEC, §39.023(b), that correspond to:
(1) the assessment instruments required under the TEC, §39.023(a);
and
(2) the following assessment instruments required under
the TEC, §39.023(c): English I, English II, Algebra I, biology,
and U.S. history.
(c) Test administration procedures shall be established
by the TEA in the applicable test administration materials. A school
district, an open-enrollment charter school, or a private school administering
the tests required by the TEC, Chapter 39, Subchapter B, shall follow
procedures specified in the applicable test administration materials.
(d) In accordance with the TEC, §39.023(a)(6),
the TEA shall administer to students assessments in any other subject
and grade required by federal law.
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| Source Note: The provisions of this §101.3011 adopted to be effective May 29, 2012, 37 TexReg 3827; amended to be effective March 14, 2013, 38 TexReg 1679; amended to be effective March 2, 2014, 39 TexReg 1150; amended to be effective August 11, 2020, 45 TexReg 5512 |
