The Texas Education Agency (TEA) proposes an amendment to §101.4002, concerning student assessment. Section 101.4002 allows 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 amendment would reflect changes made to the state's assessment graduation requirements by Senate Bill (SB) 149 and House Bill (HB) 1613, 84th Texas Legislature, 2015.

As amended by HB 1613, the Texas Education Code (TEC), §39.025(a-1), stipulates that a student enrolled in an English language arts (ELA) or a mathematics college preparatory course under the TEC, §28.014, who meets the college-readiness benchmark on the applicable Texas Success Initiative (TSI) assessment has satisfied the assessment graduation requirement for that subject area. The college preparatory courses are specifically identified with the following Public Education Information Management System (PEIMS) codes: College Preparatory Course English Language Arts, PEIMS code CP110100, and College Preparatory Course Mathematics, PEIMS code CP111200.

For ELA, a student meeting the college-readiness benchmark on the reading and writing TSI at the end of the college preparatory course would satisfy both the English I and English II EOC requirements. The mathematics TSI assessment would satisfy the Algebra I EOC requirement. A student may satisfy an assessment graduation requirement in such a manner regardless of previous performance on an Algebra I, English I, or English II EOC assessment. If a student fails to meet the TSI college-readiness benchmark, the student may retake either the TSI or the applicable EOCs for purposes of graduation.

Additionally, as added by SB 149, the TEC, §39.025(a-3), states that a student who did not meet satisfactory performance on the Algebra I or English II EOC assessment after retaking the assessment, but who receives a score of proficient on the TSI assessment in the corresponding course area, has satisfied the EOC assessment requirement for that subject. The agency clarifies that though the TSI provisions of SB 149 expire September 1, 2017, a student may still meet the assessment graduation requirements using the TSI if the student has met the necessary score requirement as specified in 19 TAC §101.4002(b) prior to September 1, 2017.

The proposed amendment to 19 TAC §101.4002 would add new subsection (d) for use of the TSI to meet the state's assessment graduation requirements as a result of and allowed by SB 149 and HB 1613. The proposed amendment would also make conforming changes to subsections (b) and (c), as well as update Figure: 19 TAC §101.4002(b) to include the necessary TSI scores a student must achieve in order to use a TSI assessment in place of an EOC assessment developed under the TEC, §39.023(c). The subsequent subsections would be re-lettered accordingly.

The agency notes that a student must achieve the corresponding required ELA TSI score as indicated in the chart included in rule as Figure: 19 TAC §101.4002(b) to use as a substitute for a state-developed EOC assessment. In addition, those students who took separate reading and writing assessments for the English II EOC and who did not meet the English II assessment graduation requirement using those tests as specified by 19 TAC §101.3022(b) of this title may not use the separate TSI reading and writing assessments to substitute for the corresponding English II EOC.

The proposed amendment 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 amendment would necessitate that school districts track and verify results of substitute assessments used by students for graduation purposes.

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

PUBLIC BENEFIT/COST NOTE. Dr. Cloudt has determined that for each year of the first five years the proposed amendment is in effect the public benefit anticipated as a result of enforcing the amendment would be that certain students would be allowed 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 amendment.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL AND MICROBUSINESSES. 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.

REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins September 11, 2015, and ends October 13, 2015. 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.texas.gov or faxed to (512) 463-5337. A request for a public hearing on the proposed repeal 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.

STATUTORY AUTHORITY. The amendment is proposed under the Texas Education Code (TEC), §39.025(a), which requires the commissioner to adopt rules requiring a student in the foundation high school program to be administered end-of-course (EOC) assessments; TEC, §39.025(a-1), as amended by HB 1613, 84th Texas Legislature, 2015, which stipulates that a student enrolled in an English language arts (ELA) or a mathematics college preparatory course under TEC, §28.014, who meets the college-readiness benchmark on the applicable Texas Success Initiative (TSI) assessment has satisfied the assessment graduation requirement for that subject area; and TEC, §39.025(a-3), as added by SB 149, 84th Texas Legislature, 2015, which states that a student who did not meet satisfactory performance on the Algebra I or English II EOC assessment after retaking the assessment, but who receives a score of proficient on the TSI assessment in the corresponding course area, has satisfied the EOC assessment requirement for that subject.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code, §39.025(a) and (a-1), as amended by HB 1613, 84th Texas Legislature, 2015; and TEC, §39.025(a-3), as added by SB 149, 84th Texas Legislature, 2015.