The Texas Education Agency (TEA) proposes an amendment to §101.4002, concerning state of Texas assessments of academic readiness end-of-course (EOC) substitute assessments. The proposed amendment would update required performance standards for the revised ACT and SAT suite of assessments in order to satisfy the state's EOC graduation requirements.

Section 101.4002, State of Texas Assessments of Academic Readiness End-of-Course Substitute Assessments, specifies the assessments the commissioner of education recommends as substitute assessments that a student may use in place of a corresponding EOC assessment and establishes the cut scores needed for a student to use a substitute assessment for graduation purposes. The proposed amendment would update Figure: 19 TAC §101.4002(b) to reflect changes made to the ACT and SAT suite of assessments. These assessments include the ACT, the ACT-Aspire, the SAT, and the PSAT assessment instruments.

The proposed amendment would reorganize the figure into three separate charts: ACT Substitute Assessments; SAT Substitute Assessments; and Advanced Placement (AP), International Baccalaureate (IB), and Texas Success Initiative (TSI) Substitute Assessments. All previously approved substitute assessments, including the ACT administered June 2015 and before, the PSAT administered in 2014 and before, and the SAT administered January 2016 and before, and their corresponding cut scores would be maintained. AP, IB, and TSI assessments would also be unchanged.

The proposed amendment would include substitution of the revised ACT for the Algebra I, English I, and English II EOC assessments; the new ACT-Aspire 9 and 10 for the Algebra I EOC assessment; and the redesigned SAT suite of assessments (PSAT 9, PSAT 10, PSAT NMSQT, and the SAT) for the Algebra I, English I, and English II EOC assessments. Consistent with the initial adoption of and subsequent amendment to §101.4002, the proposed amendment would set each substitute cut score at the college-readiness benchmark of that assessment (ACT and SAT) or the grade-level benchmarks that indicate whether a student is on track for college and career readiness. In order to use a proposed English language arts substitute for the English I or English II EOC assessment, a student must achieve the score requirement on each listed component of that substitute test. The amendment would also clarify that a student may use the SAT Evidence-Based Reading and Writing and the ACT Reading/English tests as a substitute for either the English I or English II EOC assessment, but not both.

For the State of Texas Assessments of Academic Readiness (STAAR®) Biology assessment, the proposed amendment would include the ACT Science test as an allowed substitute assessment. To use ACT Science, a student would need to achieve the college-readiness benchmark on that test.

The following SAT subject tests would also be included as approved substitute assessments: Math Level 1 and Math Level 2 for the STAAR® Algebra I; Biology-Ecological and Biology-Molecular for STAAR® Biology; and U.S. History for STAAR® U.S. History.

The SAT subject tests do not have college-readiness benchmarks, and most colleges and universities in Texas do not use the SAT subject tests to offer college credit. Because of this, the TEA attempted to establish performance links between the SAT subject tests and the corresponding STAAR® EOC assessments, which proved challenging. The student samples available to TEA to establish links for student performance between the SAT subject tests and the STAAR® EOC assessments are strongly biased toward high-performing students who are likely to attend college. Additionally, most STAAR® EOC assessments are taken 2-3 years prior to an SAT subject test, the exception being U.S. history. Last, the sample sizes were small, affecting the agency's confidence in the performance link. After careful consideration, including the fact that SAT subject tests are typically taken in a student's 12th grade year, the proposed amendment would include the following cut scores: for Math Level 1 and Math Level 2--600; for Biology-Ecological and Biology-Molecular--500; and for U.S. History--500.

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 additional results of substitute assessments used by students for graduation purposes.

FISCAL NOTE. Penny Schwinn, deputy commissioner for academics, has determined that for the first five-year period the amendment is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the amendment. There is no effect on local economy for the first five years that the proposed amendment is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

PUBLIC BENEFIT/COST NOTE. Ms. Schwinn has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amendment will be allowing students the opportunity to substitute additional appropriate tests 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 BUSINESSES 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 April 14, 2017, and ends May 15, 2017. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. Comments may also be submitted electronically to rules@tea.texas.gov. 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 April 14, 2017.

STATUTORY AUTHORITY. The amendment is proposed under the Texas Education Code (TEC), §39.025, which establishes the secondary-level performance required to receive a Texas high school diploma. Specifically, subsection (a) requires the commissioner of education to adopt rules requiring students to achieve satisfactory performance on each EOC assessment listed under TEC, §39.023(c), in order to receive a Texas high school diploma. Subsection (a-2) requires the commissioner to determine a method by which a student's score on certain national assessments may be used to satisfy the EOC assessment graduation requirements.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code, §39.025.