Texas Education Code - Section 39.023. Adoption And Administration Of Instruments
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Texas Laws > Education Code > Texas Education Code - Section 39.023. Adoption And Administration Of Instruments
§ 39.023. ADOPTION AND ADMINISTRATION OF
INSTRUMENTS. (a) The agency shall adopt or develop appropriate
criterion-referenced assessment instruments designed to assess
essential knowledge and skills in reading, writing, mathematics,
social studies, and science. All students, except students
assessed under Subsection (b) or (l) or exempted under Section
39.027, shall be assessed in:
(1) mathematics, annually in grades three through
seven without the aid of technology and in grades eight through 11
with the aid of technology on any assessment instruments that
include algebra;
(2) reading, annually in grades three through nine;
(3) writing, including spelling and grammar, in grades
four and seven;
(4) English language arts, in grade 10;
(5) social studies, in grades eight and 10;
(6) science, in grades five, eight, and 10; and
(7) any other subject and grade required by federal
law.
(b) The agency shall develop or adopt appropriate
criterion-referenced assessment instruments to be administered to
each student in a special education program under Subchapter A,
Chapter 29, who receives modified instruction in the essential
knowledge and skills identified under Section 28.002 for the
assessed subject but for whom an assessment instrument adopted
under Subsection (a), 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 assessment instruments required under this
subsection must assess essential knowledge and skills and growth in
the subjects of reading, mathematics, and writing. A student's
admission, review, and dismissal committee shall determine whether
any allowable modification is necessary in administering to the
student an assessment instrument required under this subsection.
The assessment instruments required under this subsection shall be
administered on the same schedule as the assessment instruments
administered under Subsection (a).
(c) The agency shall also adopt secondary exit-level
assessment instruments designed to be administered to students in
grade 11 to assess essential knowledge and skills in mathematics,
English language arts, social studies, and science. The
mathematics section must include at least Algebra I and geometry
with the aid of technology. The English language arts section must
include at least English III and must include the assessment of
essential knowledge and skills in writing. The social studies
section must include early American and United States history. The
science section must include at least biology and integrated
chemistry and physics. The assessment instruments must be designed
to assess a student's mastery of minimum skills necessary for high
school graduation and readiness to enroll in an institution of
higher education. If a student is in a special education program
under Subchapter A, Chapter 29, the student's admission, review,
and dismissal committee shall determine whether any allowable
modification is necessary in administering to the student an
assessment instrument required under this subsection or whether the
student should be exempted under Section 39.027(a)(2). The State
Board of Education shall administer the assessment instruments.
The State Board of Education shall adopt a schedule for the
administration of secondary exit-level assessment instruments.
Each student who did not perform satisfactorily on any secondary
exit-level assessment instrument when initially tested shall be
given multiple opportunities to retake that assessment instrument.
A student who performs at or above a level established by the Texas
Higher Education Coordinating Board on the secondary exit-level
assessment instruments is exempt from the requirements of Section
51.306.
(d) The commissioner may participate in multistate efforts
to develop voluntary standardized end-of-course assessment
instruments. The commissioner by rule may require a school
district to administer an end-of-course assessment instrument
developed through the multistate efforts. The admission, review,
and dismissal committee of a student in a special education program
under Subchapter A, Chapter 29, shall determine whether any
allowable modification is necessary in administering to the student
an end-of-course assessment instrument or whether the student
should be exempted under Section 39.027(a)(2).
(e) Under rules adopted by the State Board of Education,
every other year, the agency shall release the questions and answer
keys to each assessment instrument administered under Subsection
(a), (b), (c), (d), or (l) after the last time the instrument is
administered for that school year. To ensure a valid bank of
questions for use each year, the agency is not required to release a
question that is being field-tested and was not used to compute the
student's score on the instrument. The agency shall also release,
under board rule, each question that is no longer being
field-tested and that was not used to compute a student's score.
(f) The assessment instruments shall be designed to 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.
(g) The State Board of Education may adopt one appropriate,
nationally recognized, norm-referenced assessment instrument in
reading and mathematics to be administered to a selected sample of
students in the spring. If adopted, a norm-referenced assessment
instrument must be a secured test. The state may pay the costs of
purchasing and scoring the adopted assessment instrument and of
distributing the results of the adopted instrument to the school
districts. A district that administers the norm-referenced test
adopted under this subsection shall report the results to the
agency in a manner prescribed by the commissioner.
(h) The agency shall notify school districts and campuses of
the results of assessment instruments administered under this
section at the earliest possible date determined by the State Board
of Education but not later than the beginning of the subsequent
school year.
(i) The provisions of this section, except Subsection (d),
are subject to modification by rules adopted under Section 39.022.
Each assessment instrument adopted under those rules and each
assessment instrument required under Subsection (d) must be
reliable and valid and must meet any applicable federal
requirements for measurement of student progress.
(j) The commissioner shall develop a standardized
end-of-course assessment instrument for Algebra I. The
commissioner by rule may require a school district to administer an
end-of-course assessment instrument in Algebra I. The admission,
review, and dismissal committee of a student in a special education
program under Subchapter A, Chapter 29, shall determine whether any
allowable modification is necessary in administering to the student
an end-of-course assessment instrument or whether the student
should be exempted under Section 39.027(a)(2).
(k) Expired.
(l) The State Board of Education shall adopt rules for the
administration of the assessment instruments adopted under
Subsection (a) in Spanish to students in grades three through six
who are of limited English proficiency, as defined by Section
29.052, whose primary language is Spanish, and who are not
otherwise exempt from the administration of an assessment
instrument under Section 39.027(a)(3) or (4). Each student of
limited English proficiency whose primary language is Spanish,
other than a student to whom Subsection (b) applies, may be assessed
using assessment instruments in Spanish under this subsection for
up to three years or assessment instruments in English under
Subsection (a). The language proficiency assessment committee
established under Section 29.063 shall determine which students are
administered assessment instruments in Spanish under this
subsection.
(m) The commissioner by rule shall develop procedures under
which the language proficiency assessment committee established
under Section 29.063 shall determine which students are exempt from
the administration of the assessment instruments under Section
39.027(a)(3) and (4). The rules adopted under this subsection
shall ensure that the language proficiency assessment committee
provides that the exempted students are administered the assessment
instruments under Subsections (a) and (c) at the earliest practical
date.
(n) This subsection applies only to a student who is
determined to have dyslexia or a related disorder and who is an
individual with a disability under 29 U.S.C. Section 705(20) and
its subsequent amendments. The agency shall adopt or develop
appropriate criterion-referenced assessment instruments designed
to assess the ability of and to be administered to each student to
whom this subsection applies for whom the assessment instruments
adopted under Subsection (a), even with allowable modifications,
would not provide an appropriate measure of student achievement, as
determined by the committee established by the board of trustees of
the district 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 subsection. The
assessment instruments required under this subsection shall be
administered on the same schedule as the assessment instruments
administered under Subsection (a).
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 767, § 1, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 397, § 3, 8, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 8, § 1, eff. April 11, 2001; Acts 2001,
77th Leg., ch. 834, § 9, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 201, § 25, eff. Sept. 1, 2003; Acts 2003, 78th Leg.,
ch. 430, § 5, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 433,
§ 1, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1212, § 11,
eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1275, § 2(20),
eff. Sept. 1, 2003.
Section: 38.060 38.061 38.062 38.063 38.064 39.021 39.022 39.023 39.0231 39.0232 39.024 39.025 39.026 39.027 39.028
Last modified: August 11, 2007
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