Current through Reg. 49, No. 38; September 20, 2024
(a) The Texas
Education Agency (TEA) shall administer each assessment instrument under Texas
Education Code (TEC), §39.023(a), (b), (c), and (l), 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 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 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) A student shall
be administered the assessments under TEC, §
39.023(a),
(c), and (l), online as required by TEC,
§
39.0234, except for a
student:
(A) who requires specific
accommodations that cannot be provided online as specified in the test
administration materials; or
(B)
who is enrolled in a school district or open-enrollment charter school that
opts to offer paper administrations of assessments to students whose parent,
guardian, or teacher in the applicable subject area requests a paper
administration of an assessment. Requests for such paper administrations must
be submitted to the school district or open-enrollment charter school by the
dates indicated in TEC, §
39.02342(b).
Requests for these paper administrations from a district or charter school may
not exceed 3% of eligible students enrolled in the district or charter school
who are administered each assessment.
(b) The TEA shall administer alternative
assessment instruments under TEC, §
39.023(b),
that correspond to:
(1) the assessment
instruments required under TEC, §
39.023(a);
and
(2) the following assessment
instruments required under 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 TEC, Chapter 39, Subchapter B, shall
follow procedures specified in the applicable test administration
materials.
(d) In accordance with
TEC, §
39.023(a)(5),
the TEA shall administer to students assessments in any other subject and grade
required by federal law.
