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062904 |
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TESTING PROGRAMS: |
EKB |
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STATE ASSESSMENT
PROGRAM |
(LEGAL) |
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STATE ASSESSMENT OF
ACADEMIC SKILLS |
The statewide assessment program shall
be primarily knowledge and skills based to ensure
accountability for student achievement that achieves the state goals
for public education. The state-adopted criterion-referenced assessment
program shall be designed to assess essential knowledge and skills in
reading, writing, mathematics, social studies, and science. Assessment
instruments shall include assessment of a student's problem-solving ability
and complex-thinking skills using a method of assessing those abilities and
skills that is demonstrated to be highly reliable. The state-adopted exit-level
assessment instrument shall be designed to be administered to students in
grade 11 to assess essential knowledge and skills in mathematics, English
language arts, social studies, and science. Every student receiving instruction in
the essential knowledge and skills shall take the appropriate
criterion-referenced tests, as required by Education Code 39.023(a), (b),
(c), (l) and 39.027(e). Education Code 39.022, 39.023(a), (c), (f); 19 TAC
101.1, 101.5(a) To be eligible to receive a high
school diploma, a nonexempt student must demonstrate satisfactory performance
on the exit-level test. Education Code 39.025(b), 19 TAC
101.7(a) [See EIF] |
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ADMINISTRATION |
The District shall follow the test
administration procedures established by TEA in the applicable test
administration materials. The Superintendent shall be responsible for: 1. Maintaining the integrity of the test
administration process; and 2. Ensuring that every test administrator receives
at least annual training in these procedures as provided by TEA through the
education service centers. 19 TAC 101.27 |
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SCHEDULE |
The Commissioner shall specify the
schedule for testing. The Superintendent shall be responsible for
administering tests. The Commissioner may provide alternate dates for the
administration of tests required for a high school diploma to students who
are migratory children and who are out of the state. 19 TAC 101.25 All students, except students who are
exempted, who are in special education programs, and whose ARD committees
determine the assessment instrument would not provide an appropriate measure
of achievement [see ALTERNATIVE ASSESSMENT, below], shall be assessed
in: 1. Mathematics, annually in grades 3 through 7
without the aid of technology and in grades 8 through 11 with the aid of
technology on any assessment instruments that include algebra; 2. Reading, annually in grades 3—9; 3. Writing, including spelling and grammar, in
grades 4 and 7; 4. English language arts in grade 10; 5. Social studies in grades 8 and 10; and 6. Science in grades 5 and 10. Education Code 39.023(a) |
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NOTICE TO PARENTS AND
STUDENTS |
In order to provide timely and full
notification of graduation requirements and of testing requirements for
advancement at certain grades, the Superintendent shall be responsible for: 1. Notifying each student and the student's parent
or guardian in writing no later than the beginning of the student's
seventh-grade year of the testing requirements for graduation; 2. Notifying each student in grades 7—12 new
to the District and the student's parent or guardian in writing of the
testing requirements for graduation; 3. Notifying each student who shall take the tests
required for graduation and his or her parent or guardian, as well as
out-of-school individuals, of the dates, times, and locations of testing; 4. Notifying each student and the student's parent
or guardian in writing no later than the beginning of the student's
first-grade year or no later than the beginning of the student's kindergarten
year, for students attending kindergarten in the District, of the testing
requirements for grade advancement as specified in Education Code 28.0211
[see EIE]; 5. Notifying each student in grades 1-8 who is new
to the District and his or her parent or guardian in writing of the testing
requirements for grade advancement; and 6. Notifying each student required to take the
grade advancement tests of the dates, times, and locations of testing. 19 TAC 101.13 |
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RETAKES |
According to procedures specified in
the applicable test administration materials, an eligible student or
out-of-school individual who has not met graduation requirements may retest
on a schedule determined by the Commissioner. A student who has been denied a
diploma because the student failed to meet standards of performance on any
sections of the instrument may retake the sections each time the instrument
is administered. A student shall not be required to demonstrate performance
at a standard higher than the one in effect when the student was first eligible
to take the test. Education Code 39.025(b); 19 TAC 101.7(a)(2), (d) |
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STUDENTS WITH
DISABILITIES |
A student receiving special education
services enrolled in grades 3-8 and who is receiving instruction in the
essential knowledge and skills shall take the assessment of academic skills
unless the student's ARD committee determines that it is an inappropriate
measure of the student's academic progress as outlined in the student's IEP.
If the ARD committee determines that the assessment is an inappropriate
measure of the student's academic progress in whole or part, the student
shall take the alternative assessment of academic skills in whole or part.
Each testing accommodation shall be documented in the student's IEP in
accordance with federal law. Beginning with the 2004-05 school year when alternative assessment of academic skills is
available for grades 9-10, this provision also applies to students enrolled
in these grades. 19 TAC 101.5(b) The ARD committee shall determine the
level of performance considered to be satisfactory on the assessment
instruments administered to that student in accordance with TEA rules.
Education Code 39.024(a) |
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ALTERNATIVE ASSESSMENT |
TEA shall develop or adopt appropriate
criterion-referenced assessment instruments to be administered to each
student in a special education program who receives modified instruction in
the essential knowledge and skills identified under Education Code 28.002 for
the assessed subject but for whom an assessment instrument, even with
allowable modifications, would not provide an appropriate measure of student
achievement, as determined by the student's admission, review, and dismissal
committee. The alternative assessment instrument
must assess essential knowledge and skills and growth in the subjects of
reading, mathematics, and writing and shall be administered on the same
schedule as the assessment instruments administered to all other students. Education Code 39.023(b) The alternative assessment of academic
skills will measure annual growth based on appropriate expectations for each
special education student, as determined by the student's ARD committee in
accordance with criteria established by the Commissioner. 19 TAC 101.23(b) |
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PERMISSIBLE ACCOMMODATIONS |
Testing accommodations on the
assessments administered are permitted for any student unless they would make
a particular test invalid. Decisions regarding testing accommodations shall
take into consideration the needs of the student and the accommodations the
student routinely receives in classroom instruction. For a student receiving special
education services, the ARD committee shall determine the allowable
accommodations necessary for the student to take the assessments and shall
document them in the student's IEP. Permissible testing accommodations shall
be described in the appropriate test administration materials. 19 TAC 101.29 |
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EXEMPTIONS - SPECIAL
EDUCATION |
A student may be exempted from the
administration of: 1. The state assessment instrument or an alternate
assessment if the student is eligible for special education and the student's
IEP does not include instruction in the essential knowledge and skills at any
grade level; 2. Exit-level exams if the student is eligible for
special education, and: a. The student's IEP does not include instruction
in the essential knowledge and skills at any grade level; or b. The assessment instrument, even with allowable
modifications, would not provide an appropriate measure of the student's
achievement as determined by the student's ARD committee. Education Code 39.027(a) (1), (2) A student receiving special education
services enrolled in grades 3-10, according to the grade implementation
schedule stated at STUDENTS WITH DISABILITIES, and who is not
receiving any instruction in the essential knowledge and skills, shall be
considered exempt. Each exemption shall be documented in the student's IEP in
accordance with federal law. Each exempted student shall take an appropriate
locally selected assessment, as determined by the student's ARD committee, in
accordance with procedures developed by TEA. Student performance results on
these alternate assessments must be reported to TEA. 19 TAC 101.5(c) |
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LEP STUDENTS IN
SPECIAL EDUCATION |
Decisions regarding the selection of
assessments for LEP students who receive special education services shall be
made by the ARD committee, which includes an LPAC member to ensure that
issues related to the student's language proficiency
are duly considered. An LEP student who receives special
education services may be exempted from the reading proficiency tests in
English only if the ARD committee determines that these tests cannot provide
a meaningful measure of the student's annual growth in English reading proficiency
for reasons associated with the student's disability. The provisions at LEP STUDENTS AT
OTHER GRADES apply to the alternative assessment of academic skills,
which is a measure of annual progress rather than grade-level mastery. An LEP student who receives special
education services and whose parent or guardian has declined the services
required by Education Code Chapter 29, Subchapter B [see EHBE], is not
eligible for an exemption on the basis of limited English proficiency. 19 TAC 101.1009, 101.1011 |
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STUDENTS WITH DYSLEXIA |
TEA shall adopt or develop appropriate
criterion-referenced assessment instruments designed to assess the ability of
and to be administered to each student who is determined to have dyslexia or
a related disorder and who is an individual with a disability under 29 U.S.C.
705(20), for whom the assessment instruments, even with allowable
modifications, would not provide an appropriate measure of student
achievement, as determined by the committee established by the Board to
determine the placement of students with dyslexia or related disorders. The
committee shall determine whether any allowable modification is necessary in
administering to a student an assessment instrument required under this provision.
Education Code 39 023(n) |
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LIMITED ENGLISH
PROFICIENCY (LEP) STUDENTS |
In grades 3-12, an LEP student, as
defined by Education Code Chapter 29, Subchapter B, shall participate in the
assessments in accordance with Commissioner's rules at 19 TAC Chapter 101,
subchapter AA. In grades 3-6, the language proficiency assessment committee
(LPAC) shall determine whether a nonexempt LEP student whose primary language
is Spanish will take the assessment of academic skills in English or in
Spanish. The decision as to the language of the assessment shall be based on
the assessment that will provide the most appropriate measure of the
student's academic progress. 19 TAC 101.5(d) |
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ACADEMIC. PROGRESS EVALUATION |
The Commissioner shall develop an
assessment system that shall be used for evaluating the academic progress,
including reading proficiency in English, of all students of limited English
proficiency. An LEP student who is exempt from the administration of an
assessment instrument who achieves reading proficiency in English as
determined by the assessment system shall be administered the appropriate
assessment instrument. Education Code 39 027(e) |
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TESTING IN SPANISH |
The SBOE shall adopt rules for the
administration of assessment instruments in Spanish to students in grades 3
through 6 who are of limited English proficiency, whose primary language is
Spanish, and who are not otherwise exempt from the administration of an
assessment instrument. Each LEP student whose primary language is Spanish,
other than a student eligible for special education services, may be assessed
using assessment instruments in Spanish for up to three years or assessment
instruments in English. The LPAC shall determine which students are to be administered
assessment instruments in Spanish. The Commissioner by rule shall develop
procedures under which the LPAC shall determine which LEP students are exempt
from the administration of the assessment instruments. The rules shall ensure
that the LPAC provides that the exempted students are administered the
assessment instruments at the earliest possible date. Education Code 39.023(l), (m) |
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READING PROFICIENCY
TESTS |
In grades 3-12, an LEP student shall
take the reading proficiency tests in English annually until the student has
achieved a rating of advanced. An LEP student who has achieved a rating of
advanced is not eligible for an LEP exemption from the assessment of academic
skills or the alternative assessment of academic skills in subsequent years, 19
TAC 101.1001 |
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LANGUAGE PROFICIENCY
ASSESSMENT COMMITTEE |
In accordance with Education Code
39.023(a), (I), and (m), the LPAC shall select the appropriate assessment
option for each LEP student in accordance with this policy at LEP STUDENTS
AT THE EXIT LEVEL and LEP STUDENTS AT OTHER GRADES. Assessment
decisions must be made on an individual student basis in accordance with
administrative procedures established by TEA. The LPAC must document the
reason for the postponement or exemption in the student's permanent record
file. The District shall make a reasonable effort to determine a student's
previous testing history. 19 TAC 101. 003 |
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EXEMPTIONS |
A student may be exempted from the
administration of an assessment instrument: 1. Under Education Code 39.023(a) or (I) for a
period of up to one year if the student is of limited English proficiency and
has not demonstrated proficiency in English as determined by the assessment
system developed to evaluate academic progress of an LEP student; or 2. Under Education Code 39.023(a) or (I) for an
additional two years if the student received the one year exemption and is a
recent unschooled immigrant or is in a grade for which no assessment
instrument in the primary language of the student is available. "Recent unschooled
immigrant" means an immigrant who initially enrolled in a school in the
United States not more than 12 months before the date of the administration
of an assessment instrument under Education Code 39.023(a) or (I) and who, as
a result of inadequate schooling outside of the United States, lacks the
necessary foundation in the essential knowledge and skills of the curriculum
determined by the LPAC. [See EHBE] To the extent authorized by federal
law, a child's prior enrollment in a school in the Education Code 39.027(a)(3), (4),
(g) |
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LEP STUDENTS AT THE
EXIT LEVEL |
LEP students are not eligible for an
exemption from the exit level assessment of academic skills or the
end-of-course tests on the basis of limited English proficiency. However, LEP
students who are recent immigrants may postpone only one time the initial
administration of the exit level test and end-of-course test. "Recent
immigrant" means an immigrant who first enrolls in |
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LEP STUDENTS AT OTHER
GRADES |
In grades 3-6, the LPAC shall determine
whether an LEP student is administered the assessment of academic skills in
English or in Spanish. An LEP student may be administered a Spanish version
of the assessment of academic skills for a maximum of three years. If the LEP
student is an immigrant, the number of LEP exemptions and administrations of
the assessment in Spanish must not exceed three. |
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IMMIGRANT STUDENTS |
Certain immigrant LEP, students who
have not yet achieved a rating of advanced on the reading proficiency tests
in English may be eligible for an exemption from the assessment of academic
skills during a period not to exceed their first three school years of
enrollment in 1. During the first school year of enrollment in a
U.S. school, the immigrant student may be granted an LEP exemption if the
LPAC determines that the student has not had the prior schooling necessary to
provide the foundation of learning that Texas schools require and measure on
the assessment, whether the foundation be in knowledge of the English
language or specific academic skills and concepts in the subjects assessed. 2. During the second and third school year of
enrollment in a U.S. school, the immigrant student for whom a primary Ianguage assessment is not available may be granted an
exemption if the LPAC determines that the student lacks the academic language
proficiency in English necessary for an assessment of academic skills in
English to measure the student's academic progress in a valid, reliable
manner. 3. During the second and third school year of
enrollment in a a. The student is in an English as a second
language program that does not call for instruction in Spanish and the LPAC
determines that the student lacks the language proficiency in English and the
academic instruction and/or literacy in Spanish for the assessment in either
English or Spanish to measure the student's academic progress in a valid,
reliable manner; or b. The student is in a bilingual education program
and the LPAC has documentation, including signed verification by the parent
or guardian whenever possible, that there was an extensive period of time
outside the U.S. in which the student did not attend school and that this
absence of schooling resulted in such limited academic achievement and/or
literacy that assessment in either English or Spanish is inappropriate as a
measure for school accountability. An LEP student whose parent or
guardian has declined the services required by Education Code Chapter 29, Subchapter
B [see EHBE], shall take the assessment of academic skills in English.
The student shall also take the reading proficiency tests in English until
the student has achieved a rating of advanced. Districts may administer the
assessment of academic skills in Spanish to a student who is not identified
as LEP but who participates in a two-way bilingual program if the LPAC
determines the assessment in Spanish to be the most appropriate measure of
the student's academic progress. However, the student may not be administered
the Spanish-version assessment for longer than three years. 19 TAC 101.1007 |
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FOREIGN EXCHANGE
STUDENTS |
A foreign exchange student who has
waived in writing his or her intention to receive a |
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REPORTING RESULTS TO THE PUBLIC |
Overall student performance data,
aggregated by ethnicity, sex, grade level, subject area, campus, and
district, shall be made available to the public, with appropriate
interpretations, at regularly scheduled meetings of the Board, after receipt
from TEA. The information shall not contain the names of individual students
or teachers. Education Code 39.030(b) |
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TO THE BOARD |
The Superintendent shall accurately
report all test results with appropriate interpretations to the Board
according to the schedule in the applicable test administration materials. |
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TO PARENTS AND
STUDENTS |
The District shall notify each of its
students and his or her parent or guardian of test results, observing
confidentiality requirements stated at CONFIDENTIALITY. All test
results shall be included in each student's academic achievement record and
shall be furnished for each student transferring to another district or
school. [See BQ series, FD, and FL] 19 TAC 101.81 |
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PARENTAL ACCESS |
A parent is entitled to access to a
copy of each state assessment instrument administered to the parent's child.
This right of access does not apply, however, to those instruments or
particular questions that are being field-tested by TEA. Education Code
26.005, 26.006(a)(2) |
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SECURITY |
The statewide assessment program is a
secure testing program. Procedures for maintaining security shall be
specified in the appropriate test administration materials. Secure test
materials must be accounted for before, during, and after each test
administration. Only authorized personnel may have access to secure test
materials. 19 TAC 101.61 |
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CONFIDENTIALITY |
The contents of each test booklet and
answer document are confidential in accordance with state and federal law.
Individual student performance results are confidential and may be released
only in accordance with the Family Education Rights and Privacy Act of 1974.
Education Code 39.030(b), 19 TAC 101.63 [See FL and GBA] |
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PENALTIES |
Violation of security or confidential
integrity of any test shall be prohibited. A person who engages in prohibited
conduct may be subject to sanction of credentials. Procedures for maintaining the
security and confidential integrity of a test shall be specified in the
appropriate test administration materials. Conduct that violates the security
and confidential integrity of a test is defined as any departure from the test
administration procedures established by the Commissioner. Conduct of this
nature may include the following acts and omissions: 1. Duplicating secure examination materials; 2. Disclosing the contents of any portion of a
secure test; 3. Providing, suggesting, or indicating to an
examinee a response or answer to a secure test item or prompt; 4. Changing or altering a response or answer of an
examinee to a secure test item or prompt; 5. Aiding or assisting an examinee with a response
or answer to a secure test item or prompt; 6. Encouraging or assisting an individual to
engage in the conduct described in 1-5 above; or 7. Failing to report to an appropriate authority
that an individual has engaged in conduct outlined in 1–6 above. Any person who violates, assists in
the violation of, or solicits another to violate or assist in the violation
of test security or confidential integrity, and any person who fails to
report such a violation are subject to the following penalties: 1. Placement of restrictions on the issuance,
renewal, or holding of a 2. Issuance of an inscribed or non-inscribed
reprimand; 3. Suspension of a 4. Revocation or cancellation of a Any irregularities in test security or
confidential integrity may also result in the invalidation of student
results. The Superintendent and campus
principal shall develop procedures to ensure the security and confidential
integrity of the tests and shall be responsible for notifying TEA in writing
of conduct that violates the security or confidential integrity of a test.
Failure to report can subject the person responsible to the applicable penalties
specified above. 19 TAC 101.65 |
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DATE
ISSUED: |
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UPDATE
72 |
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EKB
(LEGAL)—P |
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