TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 101. ASSESSMENT

SUBCHAPTER DD. COMMISSIONER'S RULES CONCERNING SUBSTITUTE ASSESSMENTS FOR GRADUATION

19 TAC §101.4002

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.

§101.4002.State of Texas Assessments of Academic Readiness End-of-Course Substitute Assessments.

(a) For purposes of this subchapter, "equivalent course" is defined as a course having sufficient content overlap with the essential knowledge and skills of a similar course in the same content area listed under §74.1(b)(1)-(4) of this title (relating to Essential Knowledge and Skills).

(b) Effective beginning with the 2011-2012 school year, in accordance with the Texas Education Code (TEC), §39.025(a-1), (a-2), and (a-3), the commissioner of education adopts certain assessments as provided in the chart in this subsection as substitute assessments that a student may use in place of a corresponding end-of-course (EOC) assessment under the TEC, §39.023(c), to meet the student's assessment graduation requirements. An approved substitute assessment may be used in place of only one specific EOC assessment, except in those cases described by subsection (d)(1) of this section.

Figure: 19 TAC §101.4002(b) (.pdf)

(c) A student is eligible to use a substitute assessment as provided in the chart in subsection (b) of this section if:

(1) a student was administered an approved substitute assessment for an equivalent course in which the student was enrolled;

(2) a student received a satisfactory score on the substitute assessment as determined by the commissioner and provided in the chart in subsection (b) of this section; and

(3) a student using a Texas Success Initiative (TSI) assessment also meets the requirements of subsection (d) of this section.

(d) Effective beginning with the 2014-2015 school year, a student must meet criteria established in this subsection in order to qualify to use TSI as a substitute assessment.

(1) A student must have been enrolled in a college preparatory course for English language arts (PEIMS code CP110100) or mathematics (PEIMS code CP111200) and, in accordance with the TEC, §39.025(a-1), have been administered an appropriate TSI assessment at the end of that course.

(A) A student under this paragraph who meets all TSI English language arts score requirements provided in the chart in subsection (b) of this section satisfies both the English I and English II EOC assessment graduation requirements.

(B) A student under this paragraph may satisfy an assessment graduation requirement in such a manner regardless of previous performance on an Algebra I, English I, or English II EOC assessment.

(2) In accordance with the TEC, §39.025(a-3), a student who did not meet satisfactory performance on the Algebra I or English II EOC assessment after retaking the assessment may use the corresponding TSI assessment in place of that EOC assessment.

(A) For a student under this paragraph who took separate reading and writing assessments for the English II EOC assessment and who did not meet the English II assessment graduation requirement using those tests as specified in §101.3022(b) of this title (relating to Assessment Requirements for Graduation), the separate TSI reading or writing assessment may not be used to substitute for the corresponding English II reading or writing EOC assessment.

(B) The provisions of this paragraph expire September 1, 2017. A student may meet the assessment graduation requirements under this paragraph using TSI if the student has met the necessary score requirements as specified in subsection (b) of this section prior to September 1, 2017.

(e) A student electing to substitute an assessment for graduation purposes must still take the corresponding EOC assessment required under the TEC, §39.023(c), unless the student met the requirements specified in subsection (c) of this section.

(f) A student who fails to perform satisfactorily on the PSAT or the ACT-PLAN as indicated in the chart in subsection (b) of this section must take the appropriate end-of-course assessment required under the TEC, §39.023(c), to meet the assessment graduation requirements for that subject.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 6, 2017.

TRD-201702546

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: July 26, 2017

Proposal publication date: April 14, 2017

For further information, please call: (512) 475-1497


CHAPTER 114. TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR LANGUAGES OTHER THAN ENGLISH

SUBCHAPTER C. HIGH SCHOOL

19 TAC §114.53

The State Board of Education (SBOE) adopts new §114.53, concerning Texas Essential Knowledge and Skills (TEKS) for languages other than English (LOTE). The new section is adopted with changes to the proposed text as published in the March 3, 2017, issue of the Texas Register (42 TexReg 916). The adopted new section implements House Bill (HB) 1431, 84th Texas Legislature, 2015, which requires the SBOE to develop an advanced LOTE course that prepares students to communicate in a language other than English in a specific professional, business, or industry environment.

REASONED JUSTIFICATION. HB 1431, 84th Texas Legislature, 2015, added Texas Education Code (TEC), §28.002(t), to require that the SBOE, in consultation with the commissioner of higher education and business and industry leaders, develop an advanced language course that a school district may use to provide students with instruction in industry-related terminology that prepares students to communicate in a language other than English in a specific professional, business, or industry environment. In August 2016, a committee of secondary and postsecondary educators and business and industry representatives were selected to develop recommended TEKS for the advanced career-oriented LOTE course.

The course development committee convened for the first face-to-face meeting in Austin in October 2016 to begin working on recommendations for the TEKS. The committee participated in additional virtual meetings to finalize its initial draft recommendations, which were presented to the Committee on Instruction for discussion at the November 2016 meeting. Following the November 2016 SBOE meeting, a draft of the proposed TEKS was shared with the Texas Higher Education Coordinating Board and representatives from the business and industry community for feedback in accordance with TEC, §28.002(t). The course development committee convened again for a virtual meeting in December 2016 to finalize its recommendations. The recommendations of the course development committee were presented to and approved by the SBOE for first reading and filing authorization at its February 3, 2017, meeting. Subsequent to the January/February 2017 meeting, feedback regarding the proposal was received from the Texas Higher Education Coordinating Board (THECB). Recommended changes reflecting that feedback were presented to the SBOE for consideration at its April 2017 meeting.

In response to feedback received from the THECB, the following changes were made at second reading and final adoption.

Language was added to the general requirements for the course to specify that students may earn elective credit for the course and to clarify that the course may not satisfy the LOTE graduation requirement or a LOTE requirement for an endorsement.

References to culturally appropriate language and the target language were added to the introduction in §114.53(b)(2) and (4) and the knowledge and skills statements in §114.53(c)(1)-(4).

The phrase "with an awareness of situational uses of language in cultural contexts" was added to §114.53(c)(3).

The phrase "and cultural understanding" was added to §114.53(c)(4).

The new section was approved by the SBOE for second reading and final adoption, including the changes recommended by the THECB, at its April 21, 2017, meeting.

In accordance with the TEC, §7.102(f), the SBOE approved the new section for adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2017-2018 school year. The earlier effective date will enable districts to begin preparing for implementation of the new course.

SUMMARY OF COMMENTS AND RESPONSES. Following is a summary of the public comment received and the corresponding response regarding proposed new 19 TAC §114.53.

Comment. One teacher expressed support for the proposed new course and stated that the course provides a fantastic opportunity for students to learn and practice how to communicate in a language other than English in a specific professional, business, or industry environment.

Response. The SBOE agrees and took action to approve the course as amended.

STATUTORY AUTHORITY. The new section is adopted under the Texas Education Code (TEC), §7.102(c)(4), which requires the State Board of Education (SBOE) to establish curriculum and graduation requirements; and TEC, §28.002(t), which requires the SBOE, in consultation with the commissioner of higher education and business and industry leaders, to develop an advanced language course that a school district may use to provide students with instruction in industry-related terminology that prepares students to communicate in a language other than English in a specific professional, business, or industry environment.

CROSS REFERENCE TO STATUTE. The new section implements the Texas Education Code, §7.102(c)(4) and §28.002(t).

§114.53.Advanced Language for Career Applications (One Credit).

(a) General requirements.

(1) Advanced Language for Career Applications may be offered in high school. Students shall be awarded one credit for successful completion of this course. Prerequisite: successful completion of Level III, achieving an Intermediate Low to Intermediate Mid proficiency level, or demonstrated equivalent proficiency as determined by the district.

(2) Districts may offer this course in a variety of scheduling arrangements that may extend or reduce the traditional schedule when careful consideration is given to the instructional time available on a campus and the language ability, access to programs, and motivation of students.

(3) This course may not satisfy a high school languages other than English (LOTE) graduation requirement or a LOTE requirement for an endorsement. Students shall be awarded one elective credit for successful completion of this course.

(b) Introduction.

(1) The study of world languages is an essential part of education. In the 21st century language classroom, students gain an understanding of two basic aspects of human existence: the nature of communication and the complexity of culture.

(2) The Advanced Language for Career Applications course provides students with instruction in terminology that prepares students to communicate in a language other than English in a professional, business, or industry setting. Students will learn how to communicate in the target language and use culturally appropriate language when addressing diverse audiences in different workplace environments.

(3) Communication is the overarching goal of world language instruction. Students should be provided ample opportunities to engage in conversations, to present information to an audience, and to interpret culturally authentic materials in the language of study. The American Council on the Teaching of Foreign Languages (ACTFL) identifies three modes of communication: interpersonal, interpretive, and presentational.

(A) In the interpersonal mode of communication, students engage in direct oral or written communication with others. Examples of this "two-way" communication include but are not limited to conversing face to face, participating in digital discussions and messaging, and exchanging personal letters.

(B) In the interpretive mode of communication, students demonstrate understanding of spoken and written communication within appropriate cultural contexts. Examples of this type of "one-way" reading or listening include but are not limited to comprehension of digital texts as well as print, audio, and audiovisual materials.

(C) In the presentational mode of communication, students present orally or in writing information, concepts, and ideas to an audience of listeners or readers with whom there is no immediate interaction. Examples of this "one-to-many" mode of communication include but are not limited to presenting to a group; creating and posting digital content; or writing reports, compositions, or articles for a magazine or newspaper.

(4) The use of age-level appropriate and industry-specific authentic resources is imperative to support the teaching of the essential knowledge and skills for LOTE. The use of authentic resources in the target language enables students to increase their academic vocabulary and to participate in local and global communities.

(5) Students recognize the importance of acquiring accuracy of expression by knowing the components of language, including grammar, syntax, register (formal or informal language use), appropriate discourse level, and text type.

(6) Students in Advanced Language for Career Applications are expected to reach a proficiency level of Intermediate Mid to Intermediate High, as defined in the ACTFL Proficiency Guidelines 2012 and the ACTFL Performance Descriptors for Language Learners.

(A) Students at the Intermediate Mid proficiency level express meaning in straightforward and personal contexts by easily combining and recombining what they know, what they read, and what they hear in short statements and a mixture of sentences and strings of sentences. Intermediate Mid students are able to understand some information from connected statements in oral or written sources. Intermediate Mid students are generally understood by sympathetic listeners and readers accustomed to dealing with language learners. Intermediate Mid students are consistently successful when performing Intermediate-level tasks.

(B) Students at the Intermediate High proficiency level express meaning in a variety of contexts by creating with the language, easily combining and recombining what they know, what they read, and what they hear in a mixture of sentences and connected discourse. Intermediate High students are able to understand information from connected statements in oral or written sources. Intermediate High students are generally understood by listeners and readers unaccustomed to dealing with language learners. Intermediate High students are consistently successful when performing Intermediate-level tasks. Intermediate High students show evidence of Advanced Low proficiency but lack consistency.

(7) Statements containing the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.

(c) Knowledge and skills.

(1) Interpersonal communication: speaking and writing. The student negotiates meaning through the spoken and written exchange of information in the target language in rehearsed and unrehearsed situations in a variety of contexts appropriate to the professional, business, or industry setting. The student uses a mixture of sentences and connected discourse with appropriate and applicable grammar structures and processes. The student is expected to:

(A) use professional etiquette and protocol such as making introductions, speaking on the telephone, and offering and receiving feedback appropriate to the professional, business, or industry setting;

(B) participate appropriately in conversations and in informal written exchanges related to the professional, business, or industry setting;

(C) identify and use appropriate strategies for communicating with diverse individuals;

(D) evaluate the effectiveness of one's own and others' communication;

(E) give and receive complex oral instructions to perform tasks specific to the professional, business, or industry setting;

(F) interact and react in spoken conversation using culturally appropriate expressions, register, and gestures; and

(G) interact and react in writing using culturally appropriate expressions, register, and style.

(2) Interpretive communication: reading and listening. The student comprehends connected statements appropriate to the target language and the professional, business, or industry setting from culturally authentic print, digital, audio, and audiovisual materials. The student uses the interpretive mode in communication with appropriate and applicable grammatical structures and processes. The student is expected to:

(A) employ appropriate verbal, nonverbal, and listening comprehension skills to enhance relationships in the professional, business, or industry setting;

(B) paraphrase the main idea and supporting details from professional, business, or industry-related texts, audio, and audiovisual materials;

(C) compare and contrast practices and perspectives related to the professional, business, or industry setting from authentic print, digital, audio, and audiovisual materials;

(D) use prior knowledge and experiences to understand and interpret meanings in oral and written print, digital, audio, and audiovisual materials appropriate to the professional, business, or industry setting;

(E) apply data to evaluate performance or provide solutions to problems specific to the professional, business, or industry setting; and

(F) understand and follow directives and procedures within the context of the professional, business, or industry setting.

(3) Presentational communication: speaking and writing. The student presents business or industry-related information in the target language both orally and in writing using a mixture of sentences and connected discourse with appropriate and applicable grammar structures and processes with an awareness of situational uses of language in cultural contexts. The student is expected to:

(A) apply spoken and written conventions and mechanics;

(B) present analyzed data and communicate findings in a variety of formats specific to the professional, business, or industry setting;

(C) design and present an effective professional, business, or industry-related product using appropriate register for the audience, occasion, and purpose; and

(D) create written, oral, and visual presentations of professional, business, or industry-related information to inform, persuade, or motivate an audience.

(4) Professional, business, or industry-specific terminology. The student effectively communicates using the target language and cultural understanding in rehearsed and unrehearsed situations using professional, business, or industry-specific terminology. The student is expected to:

(A) use various strategies to infer the meaning of unfamiliar words or phrases in business or industry-specific texts, audio, and audiovisual materials such as trade publications, case studies, business journals, or conference presentations;

(B) apply newly acquired basic and academic language related to the professional, business, or industry setting in meaningful ways that build concepts and language implementation;

(C) demonstrate an understanding of different dialects used in communities served by the profession, business, or industry; and

(D) communicate using advanced technical vocabulary, jargon, and abbreviations necessary for communicating with employers, clients, and other professionals in the target language.

(5) Career applications. The student demonstrates professional standards/employability skills as required in the professional, business, or industry setting. The student is expected to:

(A) demonstrate appropriate communication for employers, clients, and coworkers in the target language through verbal, nonverbal, and digital means;

(B) demonstrate professional etiquette appropriate to the professional, business, or industry setting;

(C) demonstrate an understanding of relevant ethical and legal issues such as confidentiality and fiduciary responsibility;

(D) communicate effectively in the target language in career development activities such as mock interviews;

(E) set goals and reflect on progress in using the target language for career development and advancement; and

(F) adhere to ethical codes of conduct by following copyright laws and restrictions and using technology responsibly.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 10, 2017.

TRD-201702576

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: July 30, 2017

Proposal publication date: March 3, 2017

For further information, please call: (512) 475-1497


CHAPTER 150. COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL

SUBCHAPTER CC. SUPERINTENDENT APPRAISAL

19 TAC §150.1031

The Texas Education Agency adopts new §150.1031, concerning educator appraisal. The new section is adopted without changes to the proposed text as published in the April 28, 2017, issue of the Texas Register (42 TexReg 2312) and will not be republished. The adopted new section provides, in accordance with the Texas Education Code (TEC), §21.354, a commissioner's recommended appraisal process and criteria for superintendents.

REASONED JUSTIFICATION. The TEC, §21.354, requires the commissioner to adopt a state-recommended appraisal process and performance criteria for superintendents. The rules in 19 TAC Chapter 150, Subchapter BB, that were adopted effective August 1, 1997, and repealed effective July 1, 2016, included a commissioner's recommended appraisal process for principals and superintendents. With the adoption of the current rules for the new Texas Principal Evaluation and Support System (T-PESS), effective July 1, 2016, rules in Subchapter BB focused entirely on the appraisal process for principals and removed provisions concerning superintendent appraisal.

The adopted new section re-establishes a commissioner's recommended appraisal process for superintendents in accordance with the TEC, §21.354, including certain criteria and processes that were in place prior to the repeal of the former rules in Subchapter BB. The adopted new section is included as part of a new Subchapter CC.

SUMMARY OF COMMENTS AND AGENCY RESPONSES. The public comment period on the proposal began April 28, 2017, and ended May 30, 2017. No public comments were received.

STATUTORY AUTHORITY. The new section is adopted under the Texas Education Code, §21.354, which requires the commissioner of education to adopt a state-recommended appraisal process for administrators other than principals and details the local role for school districts as it relates to adopting a locally developed appraisal process for administrators other than principals.

CROSS REFERENCE TO STATUTE. The new section implements the Texas Education Code, §21.354.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 10, 2017.

TRD-201702574

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: July 30, 2017

Proposal publication date: April 28, 2017

For further information, please call: (512) 475-1497