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), (f); 19 TAC 101.1, 101.5(a)

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

The Commissioner shall specify the schedule for testing. The Superintendent shall be responsible for administering tests. 19 TAC 101.25(a), (b)

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)

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

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)

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)

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

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)

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

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)

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)

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)

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)

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

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 IN GRADES 3-6. 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

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.

Education Code 39.027(a)(3), (4), (g)

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.

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 U.S. schools. "Immigrant" is defined as a student who has resided outside the 50 United States for at least two consecutive years.

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 U.S. school, the immigrant student for whom a Spanish-version assessment is available must take the assessment in either English or Spanish unless:

1. 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

2. 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

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)

The Superintendent shall accurately report all test results with appropriate interpretations to the Board according to the schedule in the applicable test administration materials.

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

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)

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

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]

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 Texas teacher certificate, either indefinitely or for a set term;

2. Issuance of an inscribed or non-inscribed reprimand;

3. Suspension of a Texas teacher certificate for a set term; or

4. Revocation or cancellation of a Texas teacher certificate without opportunity for reapplication for a set term or permanently.

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