PART 2. TEXAS EDUCATION AGENCY

CHAPTER 101. ASSESSMENT

SUBCHAPTER A. COMMISSIONER'S RULES CONCERNING THE PARTICIPATION OF ENGLISH LANGUAGE LEARNERS IN STATE ASSESSMENTS

DIVISION 1. ASSESSMENTS OF ENGLISH LANGUAGE PROFICIENCY AND ACADEMIC CONTENT FOR ENGLISH LANGUAGE LEARNERS

19 TAC §§101.1001, 101.1003, 101.1005, 101.1007

The Texas Education Agency adopts amendments to §§101.1001, 101.1003, 101.1005, and 101.1007, concerning the participation of English language learners in state assessments. The amendments are adopted without changes to the proposed text as published in the June 21, 2024 issue of the Texas Register (49 TexReg 4561) and will not be republished. The adopted amendments align the rules with existing state and federal policies regarding the assessment of emergent bilingual (EB) students.

REASONED JUSTIFICATION: The adopted amendments to 19 TAC Chapter 101, Subchapter AA, Division 1, align rules relating to the assessment of EB students with existing state and federal statute. Specifically, the adopted amendments replace all references to "English learner (EL)" or "English language learner (ELL)" with "emergent bilingual (EB) student," in accordance with Texas Education Code (TEC), §29.052.

Section 101.1001, Scope of Rules, defines which students the provisions of Division 1 of Chapter 101, Subchapter AA, apply to. The adopted amendment clarifies that the 60 consecutive days referenced in the rule are "calendar" days for assessment purposes.

Section 101.1003, English Language Proficiency Assessments, clarifies the definition of an EB student and the requirements for EB students to be tested for English language proficiency. The adopted amendment clarifies that EB students in Grades 2-12 must meet the participation requirements to be assessed with the alternate English language proficiency assessment.

Section 101.1005, Assessments of Achievement in Academic Content Areas and Courses, addresses the academic assessment participation requirements for EB students. The adopted amendment updates the rules regarding the assessment options currently available. Specifically, subsection (a) is updated to clarify that only EB students in Grade 3 or higher are eligible to participate in state academic assessments.

Section 101.1005(b) clarifies that EB students take the English-version state assessment, with or without allowable testing accommodations, unless the Spanish-version state assessment is more appropriate or the student meets the participation requirements for the alternate assessment. The phrase "with or without allowable testing accommodations" replaces references to the linguistically accommodated version of the assessment since a separate linguistically accommodated version has been replaced with an embedded supports or "accommodated" version. The alternate assessment in subsection (b)(3) is clarified and re-numbered as new paragraph (2).

Language in §101.1005 was eliminated to clarify that all EB students, including those whose parents or guardians decline bilingual services, have access to appropriate assessments and accommodations. Other language was removed since accountability information is no longer within the scope of assessment rules.

Section 101.1007, Assessment Provisions for Graduation, outlines the special provision for eligible EB students related to the use of the State of Texas Assessments of Academic Readiness (STAAR®) English I end-of-course assessment in satisfying high school graduation requirements. The adopted amendment updates the language to include "EB students."

SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began June 21, 2024, and ended July 22, 2024. Following is a summary of public comments received and agency responses.

Comment: One Texas teacher and one Texas administrator commented that the changes to the rule would discourage parents and guardians of EB students from accepting language services.

Response: The agency disagrees. Regardless of the changes, there are several benefits from participating in language services, including having the opportunity to receive the linguistic supports needed to access grade-level instruction and achieve academic English language proficiency.

STATUTORY AUTHORITY. The amendments are adopted under Texas Education Code, §39.023(a), (b), (c), and (l), which specify the required assessments for students in Grades 3-8, students who are significantly cognitively disabled, students enrolled in high school courses, and students whose primary language is Spanish, respectively; §39.023(m),which authorizes the commissioner of education to develop procedures for a language proficiency assessment committee to determine which students qualify for an exemption from the administration of required assessments; TEC, §39.025, which establishes the secondary-level performance required to receive a Texas high school diploma; TEC, §39.027, which establishes the parameters by which an Emergent Bilingual (EB) student may be granted an exemption from an assessment instrument, defines recent unschooled immigrants and an unschooled asylee or refugee, and authorizes the commissioner to develop an assessment system to evaluate the English language proficiency of all EB students; and the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act, §1111(b)(2)(B) and (b)(2)(G), which specify the academic testing requirements for students in Grades 3-12 and the English language proficiency testing requirements for EB students in Kindergarten-Grade 12, respectively.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code, §§39.023, 39.025, and 39.027; and the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act, §1111(b)(2).

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 September 4, 2024.

TRD-202404166

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: September 24, 2024

Proposal publication date: June 21, 2024

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