TITLE 19.EDUCATION

Part 2. TEXAS EDUCATION AGENCY

Chapter 101. ASSESSMENT

Subchapter B. DEVELOPMENT AND ADMINISTRATION OF TESTS

19 TAC §101.33

The State Board of Education (SBOE) adopts an amendment to §101.33, concerning student assessment. The amendment is adopted without changes to the proposed text as published in the November 4, 2005, issue of the Texas Register (30 TexReg 7113) and will not be republished. Section 101.33 addresses the release of tests. The adopted amendment allows for the release of State-Developed Alternative Assessment II tests in 2005.

In September 2003, the SBOE adopted a schedule for the release of tests to comply with amendments made to Texas Education Code, §39.023(e), by the 78th Texas Legislature, which required that the release of test items be reduced to every other year. At the May 2004 meeting, the SBOE adopted a revised schedule for the release of tests to release all tests for the Texas Assessment of Knowledge and Skills (TAKS), State-Developed Alternative Assessment (SDAA), and Reading Proficiency Tests in English (RPTE) in every even-numbered year beginning in 2004.

The SDAA II, which assesses more of the Texas Essential Knowledge and Skills (TEKS) than the SDAA did and asks questions in more authentic ways, was first administered in 2005. The SBOE is amending its rule to adopt a different two-year release cycle for SDAA II since it is a fundamentally different test than SDAA. One advantage of revising the test release schedule is that the new SDAA II can be viewed and used for appropriate educational purposes before the scheduled release in the summer of 2006. This will, however, place the SDAA II release schedule on a different release schedule than all other assessments.

The adopted amendment adds language to allow the release of all test items and answer keys for the SDAA II beginning with the 2005 assessment administered in the 2004 - 2005 school year and subsequent odd-numbered years.

In accordance with Texas Education Code, §7.102(f), the SBOE approved this rule action for final adoption by a vote of two-thirds of its members to specify an effective date earlier than September 1, 2006, in order to release the newest version of the SDAA II to parents and students for use in the 2005 - 2006 school year. The effective date of the adopted amendment is 20 days after filing as adopted.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Texas Education Code, §39.023(e), which authorizes the State Board of Education to adopt rules relating to the release of statewide assessments and answer keys after the last time the instruments are administered for a school year.

The amendment implements the Texas Education Code, §39.023(e).

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 5, 2005.

TRD-200505608

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Effective date: December 25, 2005

Proposal publication date: November 4, 2005

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