The Texas Education Agency (TEA) proposes amendments to §§101.4001, 101.4003, and 101.4005 and new §101.4002, concerning student assessment. Sections 101.4001, 101.4003, and 101.4005 address testing requirements for graduation, eligibility requirements to substitute an assessment, and verification of results. The proposed amendments and new section would allow for the use of certain substitute tests in place of corresponding State of Texas Assessments of Academic Readiness (STAAR®) end-of-course (EOC) assessments for graduation purposes.

The proposed revisions to 19 TAC Chapter 101, Assessment, Subchapter DD, Commissioner's Rules Concerning Alternative Exit-Level Assessments, would reflect changes made to the state assessment program as a result of House Bill (HB) 5, 83rd Texas Legislature, Regular Session, 2013. The TEC, §39.025(a-1), as amended by HB 5, tasks the commissioner to determine a method by which a student's satisfactory performance on an advanced placement (AP) test, international baccalaureate (IB) examination, SAT® subject test, or another norm-referenced assessment used by institutions of higher education to award course credit may be used as a factor in determining whether the student satisfies the assessment graduation requirements.

The TEA proposes to establish a rule that would allow Texas students subject to STAAR® assessment graduation requirements to substitute certain tests for corresponding STAAR® EOC assessments. The proposed rule would be effective beginning with the 2011-2012 school year. The proposed rule would use agency-designated cut scores for the approved substitutes.

The proposed revisions to 19 TAC Chapter 101, Subchapter DD, would address substitute assessments as follows.

The proposed amendment to §101.4001, Testing Requirements for Graduation, would specify the appropriate Texas Administrative Code citation that outlines student assessment graduation requirements. In addition, provisions relating to approved alternative exit-level assessments for the Texas Assessment of Knowledge and Skills (TAKS) exit-level assessments would be moved to §101.4003. Language relating to school district responsibility for verifying results on substitute assessments is addressed in §101.4005.

Proposed new §101.4002, State of Texas Assessments of Academic Readiness End-of-Course Substitute Assessments, would adopt in rule as Figure: 19 TAC §101.4002(b) a chart specifying assessments approved by the commissioner of education as substitute assessments that a student may use in place of a corresponding EOC assessment. The proposed rule would include language in subsection (b) to specify that the rule would apply beginning with the 2011-2012 school year. The chart would also establish the cut scores needed for a student to use a substitute assessment for graduation purposes. The proposed substitute assessment cut scores would not change over time in alignment with STAAR® EOC phase-in periods; students would simply need to score high enough on a substitute assessment as determined by the commissioner.

The proposed substitute assessments are those tests where a link with respect to assessed content between a STAAR® EOC assessment and a substitute test could be established or the proposed substitute assessments have sufficient content overlap and are at least as rigorous as the corresponding STAAR® EOC assessment and are used by Texas institutions of higher education to award college credit.

The TEC, §39.025(a-1), stipulates that the commissioner must determine a method by which a student's score on certain nationally recognized assessments can be used in place of the STAAR® EOC assessments to meet the state's assessment graduation requirements in an equivalent course. For purposes of 19 TAC Chapter 101, Subchapter DD, proposed new §101.4002 would define "equivalent course" as a course having sufficient content overlap with the essential knowledge and skills of a similar course in the same content area listed under 19 TAC §74.1(b)(1)-(4) (relating to Essential Knowledge and Skills).

For the listed AP and IB substitutes, it was determined that the assessed curriculum content and skills were similar to the STAAR® EOC assessments. For the AP and IB substitute test options, whenever feasible, the TEA established cut scores on the substitute assessments by examining scores colleges and universities in Texas typically require for students seeking credit for college coursework. The agency has determined that a cut score of 3 is appropriate for the AP tests and a 4 for IB tests, as various Texas colleges and universities accept those scores for college credit.

Although AP and IB tests in mathematics are offered, comparative content overlap with the STAAR® Algebra I is not sufficient to allow a substitution.

For the SAT® and ACT® proposed substitutes, cut scores have been set to match the established college-readiness benchmarks for those tests. In order for the ACT® to substitute for the STAAR® English II assessment, the optional ACT® writing test must be taken and the combined ACT® English/writing score must be 18 or greater.

The PSAT mathematics cut score is the 11th grade college readiness benchmark. The PLAN mathematics substitute cut score has also been set at the established college-readiness benchmark.

At this time, SAT® subject tests are not included as approved substitute assessments. The TEA does not disregard a relationship between being successful on, for example, the SAT® subject-area test in Mathematics Level 1 and the defined content of prerequisites for that test. Rather, the TEA cannot currently determine an appropriate performance level on the assessments since content overlap with the state's curriculum is unknown and so few colleges and universities in Texas use the SAT® subject tests to offer college credit. The TEA is still investigating methods to establish an applicable cut score for the tests.

The TEA will continue to explore if and how the SAT® subject tests can be approved as an alternative to the STAAR® EOC assessments.

Although an ACT® science assessment is available, it measures scientific reasoning rather than specific science content. Thus the ACT® science test would not be an appropriate substitute for the STAAR® EOC biology assessment.

Proposed new §101.4002 would stipulate that to be eligible to use a substitute assessment in lieu of a corresponding STAAR® EOC assessment for graduation purposes, a student would need to be administered a substitute assessment for an equivalent course in which the student was enrolled and receive a satisfactory score on that assessment.

Proposed new §101.4002 would also specify the following: a student electing to use a substitute assessment for graduation purposes must take the corresponding STAAR® EOC assessment only if the student did not receive a satisfactory score on the substitute assessment for an equivalent course in which the student was enrolled; as required by the TEC, §39.025(a-1), a student who fails to perform satisfactorily in a subject area on the PSAT or the ACT-PLAN must take the appropriate end-of-course assessment required under the TEC, §39.023(c), to meet the assessment graduation requirements for that subject; and a satisfactory score on a substitute assessment can only apply to one specific STAAR® EOC assessment. For example, a student may substitute an SAT® or ACT® assessment for the English I or English II assessment, but the same assessment cannot be substituted for both the English I and II assessments.

The proposed amendment to §101.4003, Determining Eligibility, would add provisions from §101.4001 specifying the alternative assessment score criteria for those students using the TAKS exit-level assessments to meet their graduation requirements. The section title would be changed to "Texas Assessment of Knowledge and Skills Exit-Level Alternative Assessments."

The proposed amendment to §101.4005, Verification of Results, would address provisions outlining student and district responsibility related to verifying results on substitute assessments and qualifying for a diploma.

In addition, the subchapter title would be changed to "Commissioner's Rules Concerning Substitute Assessments for Graduation."

The proposed amendments and new section would have no procedural and reporting implications beyond those that apply to all Texas students with respect to implementation of the STAAR® program. The proposed amendments and new section would necessitate that school districts track and verify results of substitute assessments used by students for graduation purposes.

Criss Cloudt, associate commissioner for assessment and accountability, has determined that for the first five-year period the amendments and new section are in effect there will be no additional costs for state or local government as a result of enforcing or administering the amendments and new section.

Dr. Cloudt has determined that for each year of the first five years the amendments and new section are in effect the public benefit anticipated as a result of enforcing the amendments and new section would be allowing certain students the opportunity to substitute an appropriate test for a STAAR® EOC assessment for graduation purposes. There is no anticipated economic cost to persons who are required to comply with the proposed amendments and new section.

There is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

The public comment period on the proposal begins September 13, 2013, and ends October 14, 2013. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-5337. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on September 13, 2013.

The amendments and new section are proposed under the Texas Education Code (TEC), §39.023, as amended by House Bill 5, Section 31, 83rd Texas Legislature, Regular Session, 2013, which authorizes the agency to adopt end-of-course assessment instruments for secondary-level courses identified in the TEC, §39.023(c). TEC, §39.025(a), as amended by House Bill 5, Section 35, 83rd Texas Legislature, Regular Session, 2013, authorizes the commissioner to adopt rules concerning end-of-course participation and performance requirements for high school graduation. TEC, §39.025(a-1), as amended by House Bill 5, Section 35, 83rd Texas Legislature, Regular Session, 2013, authorizes the commissioner to adopt rules to determine a method by which a student's satisfactory performance on an advanced placement test, an international baccalaureate examination, an SAT® subject test, the SAT®, the ACT®, or any nationally recognized norm-referenced assessment instrument used by institutions of higher education to award course credit based on satisfactory performance on the assessment instrument shall be used to satisfy the requirements concerning an end-of-course assessment instrument in an equivalent course. TEC, §39.025(a-1), also authorizes the commissioner to adopt rules to determine a method by which a student's satisfactory performance on the PSAT or the ACT-Plan shall be used to satisfy the requirements concerning an end-of-course assessment instrument in an equivalent course. TEC, §39.025(f), authorizes the commissioner to adopt by rule a transition plan to implement the amendments made by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007, replacing general subject assessment instruments administered at the high school level with end-of-course assessment instruments. In addition, House Bill 5, Section 80, 83rd Texas Legislature, Regular Session, 2013, authorizes the commissioner to adopt rules, not later than October 1, 2013, to administer the TEC, §39.025(a-1), as amended by House Bill 5.

The amendments and new section implement the TEC, §39.023(c) and §39.025(a) and (a-1), as amended by House Bill (HB) 5, 83rd Texas Legislature, Regular Session, 2013; §39.025(d) and (f); and HB 5, Section 80, 83rd Texas Legislature, Regular Session, 2013.