The following rule actions were filed with the Texas Register on October 21, 2019, for publication in the November 8, 2019 issue:
The Texas Education Agency (TEA) adopts an amendment to §101.5001, concerning the statewide testing calendar. The amendment is adopted without changes to the proposed text as published in the August 30, 2019 issue of the Texas Register (44 TexReg 4622) and will not be republished. The adopted amendment modifies the rule to provide clarification to new statutory provisions made by House Bill (HB) 3906, 86th Texas Legislature, 2019.
HB 3906, 86th Texas Legislature, 2019, amended the Texas Education Code, §39.023(c-3), to prohibit scheduling the State of Texas Assessments of Academic Readiness (STAAR®) testing on the first instructional day of the week. The adopted amendment modifies the rule to provide clarification indicating that Monday is “the first instructional day of a week” for the purpose of scheduling assessment instruments.
SUMMARY OF COMMENTS AND AGENCY RESPONSES: Following is a summary of public comments received and corresponding agency responses.
Comment: Administrators from Austin Independent School District (ISD) and Cypress-Fairbanks ISD commented that the rule should be clarified as to which assessment programs this new policy applies.
Response: The agency disagrees. The law specifies that this new policy applies to assessment instruments under TEC, §39.023(a) and (c), i.e., the Grades 3-8 and end-of-course assessments.
Comment: An individual commented that the rule would require students to test on a Tuesday in situations where a student holiday falls on a Monday.
Response: The agency agrees. Although the agency attempts to avoid testing on the first day after a state holiday, it is not always possible. For example, there are some weeks that involve scheduling four to five tests. The tests need to occur within the same week to limit security issues, and with the new law that only leaves four days to test.
Comment: Administrators from Austin ISD, Cypress-Fairbanks ISD, New Caney ISD, and Spring Branch ISD commented that high school students who need to take all five end-of-course assessments would not have enough time to take all five tests during the December or June administrations.
Response: The agency disagrees. Although it is not best practice, the agency does not prohibit administering more than one assessment per day if necessary. District personnel should consider this option on an individual student basis and determine what is in the best interest of the student.