PART 2. TEXAS EDUCATION AGENCY
CHAPTER 61. SCHOOL DISTRICTS
SUBCHAPTER AA. COMMISSIONER'S RULES ON SCHOOL FINANCE
The Texas Education Agency adopts the repeal of §61.1008 and new §61.1008, concerning the school safety allotment. The repeal is adopted without changes to the proposed text as published in the November 3, 2023, issue of the Texas Register (48 TexReg 6448) and will not be republished. The new rule is adopted with changes to the proposed text as published in the November 3, 2023, issue of the Texas Register (48 TexReg 6448) and will be republished. The adopted repeal and new rule reflect changes to the school safety allotment made by House Bill (HB) 1525, 87th Texas Legislature, 2021, and HB 3, 88th Texas Legislature, Regular Session, 2023.
REASONED JUSTIFICATION: HB 3, 86th Texas Legislature, 2019, transferred many Foundation School Program formulas from Texas Education Code (TEC), Chapters 41 and 42, to Chapter 48. However, TEC, §42.168, which authorized the school safety allotment, remained in Chapter 42. Section 61.1008 was adopted to allow the school safety allotment authorized under TEC, §42.168, to be treated as an allotment under TEC, Chapter 48, Subchapter C. HB 1525, 87th Texas Legislature, Regular Session, 2021, transferred and redesignated TEC, §42.168, to §48.115, making the existing rule unnecessary.
HB 3, 88th Texas Legislature, Regular Session, 2023, amended TEC, §48.115(a)(2), to create a per-campus safety allotment in addition to the per-student funding districts and open-enrollment charter schools are currently provided by appropriation for each student in average daily attendance.
Adopted new §61.1008 implements the school safety allotment authorized under TEC, §48.115.
Adopted new subsection (a) clarifies definitions applicable to the school safety allotment. Based on public comment, "prekindergarten instruction" was added at adoption to subsection (a)(1)(C) to clarify inclusion of prekindergarten campuses.
Adopted new subsection (b) clarifies that eligibility for funding under TEC, §48.115(a)(2), is open to both school districts and open-enrollment charter schools based on qualifying campuses and that juvenile justice alternative education program (JJAEP) campuses or those campuses offering exclusively virtual instruction are not eligible for funding under §61.1008. Based on public comment, language was added at adoption to subsection (b)(2) to clarify that the definitions in subsection (a) apply to school district campuses and open-enrollment charter school campuses.
Adopted new subsection (c) clarifies the timeline for calculating the school safety allotment entitlement under TEC, §48.115(a)(2), using data from Texas Student Data System Public Education Information Management System (TSDS PEIMS) summer submission.
Adopted new subsection (d) clarifies that school districts and open-enrollment charter schools will receive estimated funding for eligible campuses at the start of the school year based on the prior year's data from TSDS PEIMS. The final funding amount will be determined using current-year data from TSDS PEIMS. Any discrepancies between the estimated and final funding will be resolved as part of the Foundation School Program settle-up process as outlined in TEC, §48.272.
SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began November 3, 2023, and ended December 4, 2023. Following is a summary of public comments received and agency responses.
Comment: A Texas administrator commented that, in addition to funds, another challenge to the proposed rule is that finding appropriate personnel can be costly, especially if forced to use private companies to meet requirements.
Response: This comment is outside the scope of the rule proposal, which implements the school safety allotment authorized under TEC, §48.115.
Comment: Texas State Teachers Association (TSTA) commented that the proposed rules could potentially exclude prekindergarten-only campuses and recommended adding prekindergarten guidelines to subsection (a)(1)(C) to ensure prekindergarten campuses are included as eligible for the school safety allotment.
Response: The agency agrees and has modified §61.1008(a)(1)(C) at adoption to include clarifying language that includes prekindergarten instruction.
Comment: TSTA commented that the proposed rules also apply a unique set of restrictions on school district campuses that do not apply to campuses of open-enrollment charter schools and recommends language that would require subsection (a)(1) to apply equally to charter schools.
Response: The agency agrees and has modified §61.1008(b)(2) at adoption to include language to clarify that the definitions in subsection (a) of this section apply to school district campuses as well as open-enrollment charter school campuses.
STATUTORY AUTHORITY. The repeal is adopted under Texas Education Code (TEC), §48.004, which requires the commissioner of education to adopt rules and take action, as necessary, to implement and administer the Foundation School Program; and TEC, §48.115, as amended by House Bill (HB) 1525, 87th Texas Legislature, Regular Session, 2021, and HB 3, 88th Texas Legislature, Regular Session, 2023, which establishes provisions for the school safety allotment.
CROSS REFERENCE TO STATUTE. The repeal implements Texas Education Code, §48.004 and §48.115, as amended by House Bill (HB) 1525, 87th Texas Legislature, Regular Session, 2021, and HB 3, 88th Texas Legislature, Regular Session, 2023.
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 January 31, 2024.
TRD-202400351
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: February 20, 2024
Proposal publication date: November 3, 2023
For further information, please call: (512) 475-1497
STATUTORY AUTHORITY. The new section is adopted under Texas Education Code (TEC), §48.004, which requires the commissioner of education to adopt rules and take action, as necessary, to implement and administer the Foundation School Program; and TEC, §48.115, as amended by House Bill (HB) 1525, 87th Texas Legislature, Regular Session, 2021, and HB 3, 88th Texas Legislature, Regular Session, 2023, which establishes provisions for the school safety allotment.
CROSS REFERENCE TO STATUTE. The new section implements Texas Education Code, §48.004 and §48.115, as amended by House Bill (HB) 1525, 87th Texas Legislature, Regular Session, 2021, and HB 3, 88th Texas Legislature, Regular Session, 2023.
§61.1008.School Safety Allotment.
(a) Definitions. The following definitions apply to the school safety allotment (SSA) in accordance with Texas Education Code (TEC), §48.115.
(1) School district campus--a campus that:
(A) has its own unique campus ID number registered with the Texas Education Agency (TEA), an assigned administrator, enrolled students who are counted for average daily attendance, and assigned instructional staff;
(B) receives federal, state, or local funds or any combination of the three as its primary support;
(C) provides instruction in the Texas Essential Knowledge and Skills, including prekindergarten instruction;
(D) has one or more grade groups in the range from early education through Grade 12; and
(E) is not a program for students enrolled in another public school, does not provide only virtual instruction, and does not use only facilities not subject to the district's control.
(2) Instructional facility--a term that has the meaning defined by §61.1031(a)(3) of this title (relating to School Safety Requirements).
(b) Eligibility.
(1) Both school districts and open-enrollment charter schools are eligible for the SSA.
(2) Funding under TEC, §48.115(a)(2), will be calculated for campuses that qualify as a school district campus, as defined in subsection (a) of this section and which includes an open-enrollment charter school campus and an instructional facility, as defined in subsection (a) of this section, used for teaching the curriculum required by TEC, Chapter 28.
(3) Juvenile justice alternative education program campuses or campuses that provide only virtual instruction are not eligible for funding under TEC, §48.115(a)(2).
(c) Entitlement. In the fall of each school year, as part of the settle-up process for the preceding school year, campus data reported through the Texas Student Data System Public Education Information Management System (TSDS PEIMS) for eligible campuses with confirmed enrollment and average daily attendance from the TSDS PEIMS summer submission will be used to calculate the allotment provided by TEC, §48.115(a)(2).
(d) Estimates. School districts and open-enrollment charter schools will be provided with estimated funding during a school year for eligible campuses based on the prior year's summer TSDS PEIMS data using the same methodology described in subsection (c) of this section to calculate the entitlement. The final entitlement will be based on data from the current school year as provided for in subsection (c) of this section. Any difference from the estimated entitlement will be addressed as part of the Foundation School Program settle-up process according to the provisions of TEC, §48.272.
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 January 31, 2024.
TRD-202400353
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: February 20, 2024
Proposal publication date: November 3, 2023
For further information, please call: (512) 475-1497
SUBCHAPTER CC. COMMISSIONER'S RULES CONCERNING IMPLEMENTATION OF THE ACADEMIC CONTENT AREAS TESTING PROGRAM
DIVISION 1. IMPLEMENTATION OF ASSESSMENT INSTRUMENTS
The Texas Education Agency (TEA) adopts an amendment to §101.3011, concerning the implementation and administration of academic content area assessment instruments. The amendment is adopted with changes to the proposed text as published in the October 6, 2023 issue of the Texas Register (48 TexReg 5808) and will be republished. The adopted amendment clarifies the policies relating to the administration mode of certain required assessments.
REASONED JUSTIFICATION: Section 101.3011 addresses federal and state requirements relating to the implementation and administration of academic content area assessments. The adopted amendment to 19 TAC §101.3011 clarifies state policies relating to the administration mode of certain required assessments.
Texas Education Code (TEC), §39.0234, requires that TEA administer the State of Texas Assessments of Academic Readiness (STARR®) online beginning with the 2022-2023 school year. House Bill (HB) 1225, passed by the 88th Texas Legislature, Regular Session, 2023, now allows two exceptions to online testing for STARR®: (1) a student who qualifies for a special paper administration of an online assessment, and (2) any student whose parent, guardian, or teacher in the applicable subject area requests a paper version of the assessment. The number of students who are provided a paper-by-request administration of STARR® may not exceed 3% of the number of eligible students enrolled in the district who are administered each assessment. The number of students who receive a paper-by-request administration is separate and distinct from the students who are eligible for a special paper administration of STARR®.
Based on public comment, the first sentence of subsection (a)(4)(B) was amended at adoption to clarify that public school districts and open-enrollment charter schools may implement the new optional paper-by-request administration. The amendment to the rule language was made to align the adoption with the statutory language of TEC, §39.02342(a), which states, "a school district may administer an assessment required under Section 39.023(a), (c), or (l) in paper format to any student whose parent, guardian, or teacher in the applicable subject area requests the assessment instrument be administered in paper format." The second and third sentences of subsection (a)(4)(B) were amended at adoption to clarify that subsection (a)(4)(B) applies only to paper-by-request administrations.
SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began October 6, 2023, and ended November 6, 2023. Following is a summary of public comments received and agency responses.
Comment: Nineteen individuals and the company, lead4ward, requested that the language of the rule be amended to clarify that paper-by-request administration is optional for public school districts and open-enrollment charter schools.
Response: The agency agrees that clarification is needed and has amended the language of the adopted rule to align with TEC, §39.0234. Subsection (a)(4)(B) was amended at adoption to clarify that school districts and open-enrollment charter schools may implement the new optional paper-by-request administration.
Comment: Three individuals commented that paper assessments for students in special circumstances should be allowed, but all other students should be required to test online.
Response: The agency disagrees. TEC, §39.02342, as added by HB 1225, 88th Texas Legislature, Regular Session, 2023, permits school districts and open-enrollment charter schools to administer assessments required under TEC, §39.023(a), (c), and (l); Grades 3-8; end-of-course; and Spanish assessments, respectively, in a paper format to any student whose parent, guardian, or teacher in the applicable subject area requests a paper format.
Comment: One Texas administrator requested clarification on the enrollment value used to determine the 3% cap. The commenter also asked whether students served by Section 504 committees counted toward the 3% calculation.
Response: The agency provides the following clarification. As described in §101.3011(a)(4)(B), the number of students who are administered a paper-by-request version of an assessment may not exceed 3% of the eligible students enrolled in the district who are administered that specific assessment. More information as well as example calculations are provided in the Paper by Request Administration section of the District and Campus Coordinator Resources. All students in the district, including students served by Section 504 committees, are included in the total number of eligible students enrolled in the district who are administered each assessment. However, the number of students who receive a paper-by-request administration as described in §101.3011(a)(4)(B) is separate and distinct from the number of students who are eligible for a special paper administration of an assessment described in §101.3011(a)(4)(A). Students, including students served by Section 504 committees, who are eligible for a special paper administration are not counted in the maximum 3% of students who are administered a paper-by-request administration.
Comment: One Texas administrator commented requesting the agency align paper administration policies for STARR® interim assessments with the policies for STARR® assessments.
Response: This comment is outside the scope of the rule proposal, which addresses the administration mode of required assessments not optional assessments.
STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §39.023(a), (b), (c), and (l), which specify the required assessments for students in Grades 3-8, students enrolled in high school courses, and emergent bilingual students whose primary language is Spanish, respectively; TEC, §39.0234, which requires that assessment instruments under TEC, §39.023(a), (c), and (l); Grades 3-8; end-of-course; and Spanish assessments, respectively, be administered online, unless otherwise provided by commissioner of education rule; TEC, §39.02342(a), as added by House Bill (HB) 1225, 88th Texas Legislature, Regular Session, 2023, which permits school districts to administer assessments required under TEC, §39.023(a), (c), and (l); Grades 3-8; end-of-course; and Spanish assessments, respectively, in a paper format to any student whose parent, guardian, or teacher in the applicable subject area requests a paper format; and TEC, §39.02342(c), as added by HB 1225, 88th Texas Legislature, Regular Session, 2023, which limits the number of students who take a paper-by-request version of the assessments during each administration to 3% of the students enrolled in the district, excluding students whose admission, review, and dismissal committee determines that the student requires an accommodation that must be delivered in a paper format.
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §§39.023(a), (b), (c), and (l); 39.0234; and 39.02342(a) and (c), as added by House Bill 1225, 88th Texas Legislature, Regular Session, 2023.
§101.3011.Implementation and Administration of Academic Content Area Assessment Instruments.
(a) The Texas Education Agency (TEA) shall administer each assessment instrument under Texas Education Code (TEC), §39.023(a), (b), (c), and (l), in accordance with the rules governing the assessment program set forth in Chapter 101 of this title (relating to Assessment).
(1) For purposes of federal accountability as allowed by subsection (d) of this section, a Grade 3-8 student shall not be administered a grade-level assessment if the student:
(A) is enrolled in a course or subject intended for students above the student's enrolled grade level and will be administered a grade-level assessment instrument developed under TEC, §39.023(a), that aligns with the curriculum for that course or subject within the same content area; or
(B) is enrolled in a course for high school credit in a subject intended for students above the student's enrolled grade level and will be administered an end-of-course assessment instrument developed under TEC, §39.023(c), that aligns with the curriculum for that course or subject within the same content area.
(2) For purposes of federal accountability as allowed by subsection (d) of this section, a Grade 3-8 student who is accelerated in mathematics, reading/language arts, or science and on schedule to complete the high school end-of-course assessments in that same content area prior to high school shall be assessed at least once in high school with the ACT® or the SAT®.
(3) A student is only eligible to take an assessment instrument intended for use above the student's enrolled grade if the student is on schedule to complete instruction in the entire curriculum for that subject during the semester the assessment is administered.
(4) A student shall be administered the assessments under TEC, §39.023(a), (c), and (l), online as required by TEC, §39.0234, except for a student:
(A) who requires specific accommodations that cannot be provided online as specified in the test administration materials; or
(B) who is enrolled in a school district or open-enrollment charter school that opts to offer paper administrations of assessments to students whose parent, guardian, or teacher in the applicable subject area requests a paper administration of an assessment. Requests for such paper administrations must be submitted to the school district or open-enrollment charter school by the dates indicated in TEC, §39.02342(b). Requests for these paper administrations from a district or charter school may not exceed 3% of eligible students enrolled in the district or charter school who are administered each assessment.
(b) The TEA shall administer alternative assessment instruments under TEC, §39.023(b), that correspond to:
(1) the assessment instruments required under TEC, §39.023(a); and
(2) the following assessment instruments required under TEC, §39.023(c): English I, English II, Algebra I, biology, and U.S. history.
(c) Test administration procedures shall be established by the TEA in the applicable test administration materials. A school district, an open-enrollment charter school, or a private school administering the tests required by TEC, Chapter 39, Subchapter B, shall follow procedures specified in the applicable test administration materials.
(d) In accordance with TEC, §39.023(a)(5), the TEA shall administer to students assessments in any other subject and grade required by federal law.
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 February 1, 2024.
TRD-202400396
Cristina de La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: February 21, 2024
Proposal publication date: October 6, 2023
For further information, please call: (512) 475-1497
The Texas Education Agency (TEA) adopts an amendment to §101.3041, concerning implementation of the academic content areas testing program. The amendment is adopted without changes to the proposed text as published in the September 15, 2023 issue of the Texas Register (48 TexReg 5133) and will not be republished. The adopted amendment updates the performance standards for the State of Texas Assessments of Academic Readiness (STAAR®) and STAAR® Alternate 2 based on the redesigned testing programs.
REASONED JUSTIFICATION: Section 101.3041 establishes the level of performance considered to be satisfactory on state-developed assessments, as required by Texas Education Code (TEC), Chapter 39, Subchapter B, for all assessments.
TEC, §39.023(a), as amended by House Bill (HB) 3906, 86th Texas Legislature, 2019, eliminated the stand-alone writing assessments for Grades 4 and 7. The redesigned assessments combine reading and evidence-based writing into one reading language arts test to better support the interconnected way these subjects are taught.
TEC, §39.023(c-8), as amended by HB 3906 and HB 3261, 87th Texas Legislature, Regular Session, 2021, specifies that not more than 75% of the points on a STAAR® assessment may be from multiple-choice questions. Therefore, the redesigned STAAR® includes new, non-multiple-choice questions like the questions teachers ask in class to give students more ways to show their understanding. There are also more cross-curricular reading passages that reference topics students have learned about in other classes.
With changes made to the statewide assessment program introduced by HB 3906 and amended by HB 3261, TEA wants to ensure that the performance standards continue to accurately reflect what students know and can do through a standard-setting process. Educators from across the state convened to provide their expert opinions and verify that the cut points and related scale scores are appropriate for the redesigned STAAR® and STAAR® Alternate 2 assessments. Based on these activities, the commissioner of education has approved updated performance standards for all STAAR® assessments and for STAAR® Alternate 2 reading language arts assessments.
The performance standards adopted in §101.3041 are modified to reflect the newly approved standards as follows.
The performance standards for all STAAR® Grades 3-8 assessments are updated in Figure: 19 TAC §101.3041(b)(1). References to Grades 4 and 7 writing assessments have been removed.
The performance standards for STAAR® Alternate 2 Grades 3-8 reading language arts assessments are updated in Figure: 19 TAC §101.3041(b)(2). References to Grades 4 and 7 writing assessments have been removed.
The performance standards for all five STAAR® end-of-course (EOC) assessments are updated in Figure: 19 TAC §101.3041(c)(1). References to Algebra II and English III have been removed.
The performance standards for STAAR® Alternate 2 English I and English II EOC assessments are updated in Figure: 19 TAC §101.3041(c)(2).
Finally, the adopted amendment made technical edits related to assessment program names to ensure consistency across administrative rules.
SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began September 15, 2023, and ended October 16, 2023. Following is a summary of public comments received and agency responses.
Comment: One Texas school district administrator expressed support for the proposed amendment, noting that it would benefit students.
Response: The agency agrees. Establishing performance standards on assessments is critical for ensuring all students have access to high-quality, rigorous, academic instruction.
Comment: Seven Texas school district administrators, twenty-five teachers, and ninety-five individuals commented that they do not support the commissioner's recommendations to update the performance standards for STAAR®. The commenters stated the changes to the performance levels do not accurately describe students' knowledge.
Response: The agency disagrees. Performance standards for STAAR® are based on recommendations from standard-setting committees, which were composed of Kindergarten-Grade 12 educators. Each committee member is an expert in the assessed curriculum, the Texas Essential Knowledge and Skills (TEKS), for his or her grade and subject level or course (e.g., Grade 5 reading language arts, English II). STAAR® performance standards relate test performance to the expectations defined in the state curriculum standards, the TEKS, and identify what students know and can through the performance level descriptors. The updated performance level descriptors are available on the STAAR® Performance Standards page of the TEA website at https://tea.texas.gov/student-assessment/testing/student-assessment-results/staar-performance-standards.
Comment: One individual commented that the changes to the performance standards for STAAR® Alternate 2 are not helpful to students with special needs or disabilities.
Response: The agency disagrees. Performance standards for STAAR® Alternate 2 are based on recommendations from standard-setting committees, which were composed of Kindergarten-Grade 12 educators and special education experts. Establishing performance standards on assessments is critical for ensuring all students have access to high-quality, rigorous, academic instruction.
Comment: The company lead4ward suggested the proposed performance standards for 2012-2015 Satisfactory Performance for STAAR® end-of-course assessments not be revised and the 2016-2022 Approaches Grade Level Performance column be eliminated.
Response: The agency disagrees. The performance standards in those two columns were adjusted, along with the other performance standards, to ensure equivalent rigor in the level of performance required for students who took the assessments during those time periods.
Comment: One Texas school district administrator questioned the timing of the proposed rule and the effective date.
Response: The agency provides the following clarification. The performance standards adopted in this rule were approved earlier this year by the commissioner of education as required by TEC, §39.0241, and the updated performance standards were implemented and reported for the spring 2023 administrations.
Comment: Twelve individuals suggested significant changes to the Texas Assessment Program, including abolishing the statewide testing program.
Response: These comments are outside the scope of the rule proposal, which addresses assessment performance standards.
Comment: The Texas State Teachers Association raised concerns about the decision to change the 2023 A-F academic accountability ratings for Texas public schools.
Response: This comment is outside the scope of the rule proposal, which addresses assessment performance standards.
STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §39.0241(a), which requires the commissioner to determine the level of performance considered to be satisfactory on the assessment instruments; and TEC, §39.025(a), which requires the commissioner to provide a conversion of the scale scores for each end-of-course assessment to an equivalent score based on a 100-point scale score system.
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §39.0241(a) and §39.025(a).
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 February 1, 2024.
TRD-202400395
Cristina de La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: February 21, 2024
Proposal publication date: September 15, 2023
For further information, please call: (512) 475-1497