The Texas Education Agency (TEA) adopts an amendment to §101.4002, concerning state of Texas assessments of academic readiness end-of-course (EOC) substitute assessments. The amendment is adopted with changes to the proposed text as published in the April 14, 2017 issue of the Texas Register (42 TexReg 1995). The adopted amendment updates required performance standards for the revised ACT and SAT suite of assessments in order to satisfy the state's EOC graduation requirements.

REASONED JUSTIFICATION. 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 adopted amendment updates 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 adopted amendment reorganizes 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 are maintained. AP, IB, and TSI assessments are also unchanged.

The adopted amendment includes 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 adopted amendment sets 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 an adopted 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 adopted amendment also clarifies 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 adopted amendment includes 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 are also 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 adopted amendment includes 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.

In response to public comment, Figure: 19 TAC §101.4002(b) was updated at adoption to clarify the titles of three PSAT assessments.

SUMMARY OF COMMENTS AND AGENCY RESPONSES. The public comment period on the proposal began April 14, 2017, and ended May 15, 2017. Following is a summary of public comments received and corresponding agency responses.

Comment: Texas Parents' Educational Rights Network (TPERN) expressed concern over the timing of the spring STAAR® EOC assessments and AP tests, specifically for U.S. History. TPERN suggested that either students be allowed to take the AP test instead of the STAAR® test or that the STAAR® test be moved to an earlier date.

Agency Response: The agency disagrees. TEC, §39.025(a), requires a student to be administered a STAAR® EOC assessment listed in TEC, §39.023(c), for a course in which the student is enrolled and for which an assessment is administered. Allowing a student to take a substitute assessment instead of an EOC assessment may hinder some students. For example, if a student takes the AP U.S. History test instead of the STAAR® U.S. History EOC assessment but does not make a satisfactory score, then the student has missed a testing opportunity to meet his or her STAAR® graduation requirements.

Additionally, TEC, §39.023(c-3)(2), prohibits the spring administration of STAAR® EOC assessments for Algebra I, Biology, and U.S. History from occurring earlier than the first full week in May. Therefore, the agency cannot move these STAAR® tests earlier.

Comment: A parent commented that STAAR® preparation and assessment prevents students from focusing on studying for AP tests and suggested that students be allowed to take AP tests in place of STAAR® tests.

Agency Response: The agency disagrees. TEC, §39.025(a), requires a student to be administered a STAAR® EOC assessment listed in TEC, §39.023(c), for a course in which the student is enrolled and for which an assessment is administered. Allowing a student to take a substitute assessment instead of an EOC assessment may hinder some students. For example, if a student takes the AP U.S. History test instead of the STAAR® U.S. History EOC assessment but does not make a satisfactory score, then the student has missed a testing opportunity to meet his or her STAAR® graduation requirements.

Comment: TPERN commented that §101.4002 should impose an affirmative duty on schools to review results from substitute assessments and inform parents and students if the score meets the substitute assessment requirements.

Agency Response: Issues of responsibility and notification are outside the scope of the proposed rulemaking.

Comment: The College Board asked for clarification on the titles used for the first three PSAT assessments listed on page 2 of Figure: 19 TAC §101.4002(b).

Agency Response: Based on discussion with staff at The College Board, the agency has updated Figure: 19 TAC §101.4002(b) at adoption to clarify the three PSAT titles.

STATUTORY AUTHORITY. The amendment is adopted 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.