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EKB (TSBVI) – Testing Programs: State Assessment

STATE ASSESSMENT OF ACADEMIC SKILLS

Every student receiving instruction in the essential knowledge and skills shall take the appropriate criterion-referenced tests, as required by Education Code Chapter 39, Subchapter B [see TESTING IN GRADES 3-8 below]. Education Code, 39.023(a),(c),(f); 39.025(a),(a-1),(f); 19 TAC 101.5, 19 TAC 101.4001

A student may not receive a high school diploma until the student has performed satisfactorily on end-of-course (EOC) assessments or substitute assessment instruments [see End-of-Course Assessments, below]. Education Code 39.025(a); 19 TAC 101.4001

Emergent Bilingual (EBs)

In grades 3–12, an Emergent Bilingual (EB) student, as defined by Education Code Chapter 29, Subchapter B, shall participate in the state assessment in accordance with commissioner’s rules at 19 Administrative Code Chapter 101, Subchapter AA. 39.023(l),(m) [See Policy EKBA]

For an EB student who is blind or visually impaired and exempt from participating in the reading domain of TELPAS due to the inability of the EB student to perform this component of the exam based on the EB’s disability, the decision to reclassify as English proficient should be based on the information from the remaining components of the state criteria for reclassification. [see TEA Reclassification document at tea.texas.gov/2020-2021-English-Learner-Reclassification-Chart ]

Beginning in spring 2022, the TELPAS Reading test will be available in braille so that students who are blind or visually impaired and are braille readers, can be assessed.

Special Education

TEA shall develop or adopt appropriate criterion-referenced alternative assessment instruments, that measure growth, including assessment instruments approved by the commissioner of education, to be administered to each student in a special education program for whom a state assessment instrument adopted under Education Code 39.023(a), even with allowable accommodations, would not provide an appropriate measure of student achievement as determined by the student’s admission, review, and dismissal (ARD) committee. The assessment instruments developed or adopted, including the assessment instruments approved by the commissioner, must, to the extent allowed under federal law, provide the School with options for the assessment of students. The lowest level of student performance on alternative assessments shall be “developing” instead of “not meeting standards.”

The student’s ARD committee shall determine whether any allowable accommodation is necessary in administering to the student a required state assessment under Education Code 39.023(c).  Education Code 39.023(b)–(c); .025(a-4)

A student receiving special education services is not subject to the Individual Graduation Committee requirements in Education Code 28.0258. As provided in 19 Administrative Code 89.1070 (relating to Graduation Requirements) and 19 Administrative Code 101.3023 (relating to Participation and Graduation Assessment Requirements for Students Receiving Special Education Services), a student’s ARD committee determines whether a student is required to achieve satisfactory performance on an EOC assessment to graduate. A student receiving special education services who successfully completes the requirements of his or her IEP, including performance on a state assessment required for graduation, shall receive a Texas high school diploma.

19 TAC 101.3022(f)

A student dismissed from a special education program who achieved satisfactory performance on an alternate EOC assessment while enrolled in a special education program is not required to take and achieve satisfactory performance on the general EOC assessment to graduate.  A student who took an EOC assessment while enrolled in a special education program is not required to retake and achieve satisfactory performance on the EOC assessment if the student’s ARD committee determined that the student was not required to achieve satisfactory performance on the EOC assessment to graduate.

Beginning with the 2011-12 school year, all grades 9-12 students with significant cognitive disabilities who are assessed with an alternate assessment as specified in the student’s IEP will be assessed using alternate versions of EOC assessments as listed in 19 Administrative Code 101.3011(b)(2).

19 TAC 101.3023(a),(b)

ADMINISTRATION

The School shall follow the test administration procedures established by TEA in the applicable test administration materials. The Superintendent shall be responsible for ensuring the proper administration of tests. 19 TAC 101.25, .27

Schedule

The Commissioner shall specify the schedule for testing that is in compliance with Education Code 39.023(c-3)(1) and (2), and supports reliable and valid assessments. Participation in University Interscholastic (UIL) area, regional, or state competitions is prohibited on any days on which testing is scheduled between Tuesday and Friday of the school week in which the primary administration of assessment instruments occurs.

The Commissioner may provide alternate dates for the administration of tests required for a high school diploma to students who are migratory children and who are out of the state.

19 TAC 101.25

Alternate Test Dates

Alternate test dates will be considered by the commissioner on a case-by-case basis. Alternate test dates will only be allowed if TSBVI is closed on the day on which testing is scheduled or if there is an exceptional circumstance, defined below, that may affect the School’s ability to administer an assessment or the students’ performance on the assessment.

“Exceptional circumstances” include:

  1. Expansion of the four-day testing window to provide additional testing days as required by the student’s IEP.
  2. Inclement weather or natural disasters that would cause the School to be closed or that would cause a small percentage of students to be in attendance on the day testing is scheduled;
  3. Health epidemics that result in a large number of students being absent on the day of testing;
  4. Death of a student or school official that may impact student performance; and
  5. Sudden emergencies that occur on the day of testing or shortly before testing that may inhibit students from completing the assessments, such as a fire on campus, a bomb threat, an extended power outage, or a water main break.
  6. Tests required for a high school diploma for migratory and out-of-state students. 19 TAC 101.25
  7. In the event of a school closure on a testing date.

If an alternate test date for primary test administration is approved, the commissioner may prohibit the School from participating in UIL competition on the new test date if that is determined to be in the best interest of the School and students.

19 TAC 101.5003

TESTING NOTICE TO PARENTS AND STUDENTS

The Superintendent shall be responsible for ensuring that written notice is provided to each student and the student’s parent or guardian of:

  1. The testing requirements for grade advancement [see EIE] and the dates, times, and locations of testing. Notice of testing requirements shall be provided no later than the beginning of the first-grade year. Students in 5th and 8th grades shall not be retested, nor shall they be subject to grade retention [see TEA’s Accelerated Learning Resource]. 19 TAC 101.012
  2. The testing requirements for graduation and the dates, times, and locations of testing. Notice of testing requirements shall be provided no later than the beginning of the student’s seventh-grade year. The Superintendent shall also provide such notice for students in grades 7–12 who are new to the School. Notice of the dates, times, and locations of testing shall be provided to each student who will take the tests. 19 TAC 101.012

Notice of the dates, times, and locations of testing shall be provided to each student who will take the tests and to out-of-school individuals.

Beginning with the 2022-2023 school year, an assessment instrument developed under Education Code Section 39.023(a) or (c) may not present more than 75 percent of the questions in a multiple choice format. Education Code 39.023(c-8)

Education Code 39.023c; (c-2)-(c-8) 19 TAC 101.3012

TESTING IN GRADES 3-8

Except as provided below, all students, other than students who are assessed under Education Code 39.023(b) (alternative assessment instrument) or 39.023(l) (EB students) or exempted under Education Code 39.027, shall be assessed in:

  1. Mathematics, annually in grades 3 through 8;
  2. Reading, (and writing in spring 2021) annually in grades 3 through 8;
  3. Writing, including spelling and grammar, in grades 4 and 7 [expires spring of 2021]; Writing, including spelling and grammar will be included in 2022;
  4. Social studies in grade 8;
  5. Science in grades 5 and 8; and
  6. Any other subject and grade required by federal law.

Education Code 39.023(a)

Exceptions

A student shall not be administered a grade level assessment if the student:

  1. Is enrolled in a course above the student’s enrolled grade level and will be administered an assessment developed under the list above that aligns with the curriculum for that course or subject within the same content area; or
  2. Is a middle school student 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 (EOC) assessment instrument that aligns with the curriculum for that course or subject within the same content area. The EOC assessment result shall be applied toward the student’s assessment graduation requirements. 19 TAC 101.3021(d), .3022

A student is only eligible to take an assessment intended for use above the student’s enrolled grade if the student is receiving instruction in the entire curriculum for that subject.

A student in grade 5 or 8 described above may not be denied promotion on the basis of failure to perform satisfactorily on an assessment above the student’s grade level.

Education Code 28.0211(p), 39.023(a-2); 19 TAC 101.3011

Accommodations

Testing accommodations are permitted for any student unless they would make a particular test invalid. Decisions regarding testing accommodations shall take into consideration the needs of the student and the accommodations the student uses routinely and effectively in classroom instruction. Permissible testing accommodations shall be described in the appropriate test administration materials.

The ARD committee shall determine whether any allowable accommodation is necessary in administering an assessment to a student with dyslexia or related disorders.

For a student receiving special education services, the student’s ARD committee shall determine the allowable accommodations and shall document them in the student’s individualized education program (IEP).

19 TAC 101.3013; Education Code 39.023(a)-(c),(n); 34 CFR 300.320(a)(6)

END-OF-COURSE (EOC) ASSESSMENTS

Military Dependents and Students Moving to Texas

If the student is a military dependent, the School shall accept:

  1. Exit or end-of-course (EOC) exams required for graduation from the sending state;
  2. If a student earned high school credit for a course with an EOC assessment prior to enrollment in a Texas public school district and the credit has been accepted by a Texas public school district, or a student completed a course for Texas high school credit in a course with an EOC assessment, the student is not required to take the corresponding EOC assessment.
  3. National norm-referenced achievement tests;
  4. Alternative testing, in lieu of testing requirements for graduation in the receiving state; or
  5. Substitute passing standard.

In the event the above alternatives cannot be accommodated by the receiving state for a military dependent transferring in his or her senior year, then a commissioner’s substitute passing standard shall apply.

The commissioner shall adopt a passing standard on one or more national norm-referenced achievement tests for purposes of permitting a qualified military dependent to meet that standard as a substitute for achieving a score on an assessment instrument otherwise required for graduation.

Education Code 162.002 art. VII, section C

Assessment Requirements for Graduation

A student must meet satisfactory performance on an EOC assessment listed in Education Code 39.023(c) only for a course in which the student is enrolled and for which an EOC assessment instrument is administered in order to be eligible to receive a Texas diploma.

Exceptions

English I or II

A student who was administered separate reading and writing assessments (with a single score) under Education Code 39.023(c), for the English I or English II course has met that course’s assessment graduation requirement if the student has:

  1. Achieved satisfactory performance on either the reading or writing assessment for that course;
  2. Met at least the minimum score on the other assessment for that course; and
  3. Achieved an overall scale score or 3750 or greater when the scale scores for reading and writing are combined for that course.

Exceptions related to English I apply to Emergent Bilinguals who meet the criteria in 19 Administrative Code 101.1007. [See Policy EKBA] 19 TAC 101.3021(e), .3022

Substitute Assessments

A student may use certain assessments as substitute assessments in place of an EOC assessment, to meet the student’s assessment graduation requirements in accordance with the commissioner’s chart at 19 Administrative Code 101.4002(b). An approved substitute assessment may be used in place of only one specific EOC assessment.

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STATE ASSESSMENT OF ACADEMIC SKILLS SCORING GUIDE ACT & ASPIRE & PLAN
Substitute Assessment STAAR Algebra I Assessment Passing Score STAAR Biology Assessment Passing Score STAAR English I Assessment Passing Score STAAR English II Assessment Passing Score STAAR U.S History Assessment Passing Score
ACT ^* - June 2015 and before Mathematics 22 Reading 21 Combined 18 English/Writing Reading 21 Combined 18 English/Writing
ACT ^* - Sept. 2015 and After Mathematics 22 Science 22 Reading 22 English 18 Reading 22 English 18
Aspire 9 Mathematics 428
Aspire 10 Mathematics 432
PLAN Mathematics 19

˄ Satisfactory scores on ACT Reading and English or Reading and Combined English/Writing assessments may be used in place of either the STAAR English/EOC or the STAAR English II EOC, but not both.

* To use the ACT, a student must have taken and received a satisfactory score on both sections of the ACT English Language Arts assessment

 

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STATE ASSESSMENT OF ACADEMIC SKILLS SCORING GUIDE PSAT & SAT
Substitute Assessment STAAR Algebra I Assessment Passing Score STAAR Biology Assessment Passing Score STAAR English I Assessment Passing Score STAAR English II Assessment Passing Score STAAR U.S History Assessment Passing Score
PSAT 8/9 or PSAT/NMSQT in 9th Grade - October 2015 abd After Mathematics 450 Evidence-based Reading and Writing 410
PSAT 10 or PSAT/NMSQT 10th Grade - October 2015 and After Mathematics 480 Evidence-Based Reading and Writing 430
PSAT/NMQST in 11th Grade - October 2015 and after Mathematics 510 Evidence-Based Reading and Writing 460
PSAT - 2014 and Before Mathematics 47
SAT^ - Administered March 2016 and After Mathematics 530 Evidence-Based Reading and Writing 480 Evidence-Based Reading and Writing 480
SAT^* - Administered January 2016 and Before Mathematics 500 Critical Reading 500 Writing 500 Critical Reading 500 Writing 500
SAT Subject Tests Math Level 1 or Level 2 600 Biology-E or Biology M 500 US History 500

˄ Satisfactory scores on SAT Evidence-Based Reading and Writing or Critical Reading and Writing assessments may be used in place of either the STAAR English I IEC or the STAAR English II EOC, but not both.

* To use the SAT administered in Jan 2016 or earlier, a student must have taken and received a satisfactory score on both the SAT Critical Reading and Writing assessments.

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STATE ASSESSMENT OF ACADEMIC SKILLS SCORING GUIDE AP, IP & TSI
Substitute Assessment STAAR Algebra I Assessment Passing Score STAAR Biology Assessment Passing Score STAAR English I Assessment Passing Score STAAR English II Assessment Passing Score STAAR U.S History Assessment Passing Score
AP Biology 3 English 4 Language and Composition English 3 Language and Composition U.S History 3
IP* Biology 4 Language A: 4 Language and Literature Language A: 3 Language and Literature History of the Americas 4
TSI** Mathematics 350 Reading 351 Objective 340 Writing/Sentence Skills Writing 4 Reading 351 Objective Writing/Sentence Skills 340 Writing 4

*The set passing score for the IB substitute assessments applies to both Standard-Level and Higher-Level examinations.

**The TSI English language arts assessment is the only substitute assessment that may be used to simultaneously fulfill two EOC requirements in those cases described by subsection (d)(1) of this section. In all other cases, a satisfactory score on an approved substitute assessment may be used in place of only one specific STAAR EOC Assessment.

Source: 19 TAC§101.4002(b)

A student is eligible to use a substitute assessment if the student:

  1. Was administered an approved substitute assessment for an equivalent course in which the student was enrolled;
  2. Received a satisfactory score on the substitute assessment as determined by the commissioner and provided in the chart at 19 Administrative Code 101.4002(b); and
  3. Using a Texas Success Initiative (TSI) assessment also meets the following criteria:
    1. A student must have been enrolled in English language arts or mathematics and, in accordance with Education Code 39.025(a-1), have been administered an appropriate TSI assessment at the end of that course.
      1. A student under this provision who meets all TSI English language arts score requirements provided in the chart at 19 Administrative Code 101.4002(b) satisfies both the English I and English II EOC assessment graduation requirements.
      2. A student under this provision 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 Education Code 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.

Accountability Testing

A student electing to substitute an assessment for graduation purposes must still take the required EOC assessment at least once for accountability purposes if the student does not meet the eligibility requirements above.

A student who fails to perform satisfactorily on the PSAT or the ACT-PLAN or Aspire test (or any version of these tests) as indicated in the above chart at 19 Administrative Code 101.4002(b) must take the appropriate EOC assessment to meet the assessment graduation requirements for that subject. However, a student who does not receive a passing score on the EOC assessment and retakes a PSAT, PLAN, or Aspire test (or any versions of these tests) is eligible to meet the requirements specified in 19 TAC 101.4002(c).

19 TAC 101.4002

Verification of Results

An eligible student is responsible for providing TSBVI an official copy of the student’s scores from the substitute assessment.

Upon receipt of official results of an approved substitute assessment, TSBVI must:

  1. Verify the student’s score on the substitute assessment; and
  2. Determine whether the student met the performance standard required to qualify for a public high school diploma in Texas as established by the commissioner.

19 TAC 101.4005

Satisfactory Performance

A student is required to achieve a scale score that indicates satisfactory performance, as determined by the commissioner on each EOC assessment administered to the student. Education Code 39.025(a)

TSBVI students who successfully complete their IEP requirements, including performance on a state assessment required for graduation, may receive a Texas high school diploma at the time that is most advantageous for their transition plan. A student’s ARD committee shall determine if the student will be required to meet satisfactory performance on an assessment for purposes of graduation.

All grades 9-12 students with significant cognitive disabilities who are assessed with an alternate assessment as specified in the student’s IEP will be assessed using alternate versions of EOC assessments as listed in 19 Administrative Code 101.3011(b)(2).

19 TAC 101.3023(a), (b)

Credit by Examination

An EOC assessment administered under Education Code 39.023(c) cannot be used for purposes of credit by examination under 19 Administrative Code 74.24. [See Policies EHDB, EHDC] 19 TAC 101.3021(c)

Additional State Assessments

TEA may adopt optional EOC assessment instruments for courses not listed in statute, as described above. A student’s performance on these EOC assessment instruments is not subject to the performance requirements established for the statutory assessments. Education Code 39.023, (c-2)

Retakes

Each time an EOC assessment is administered, a student who failed to achieve a minimum score shall retake the assessment instrument unless the ARD committee determines otherwise.

A student is not required to retake a course as a condition of retaking an EOC assessment instrument.

If a student failed a course but achieved at least the minimum score on the applicable EOC assessment, that student is not required to retake the assessment if the student is required to retake the course.

Education Code 39.025(b); 19 TAC 101.3021(f), .3022(d)

REPORTING RESULTS

To the Public

Overall student performance data, aggregated by ethnicity, sex, grade level, and subject area shall be made available to the public, with appropriate interpretations, at regularly scheduled meetings of the Board, after receipt from TEA. The information shall not contain the names of individual students or teachers. Education Code 39.030(b)

To the Board

The TSBVI Testing Coordinator shall accurately report all test results with appropriate interpretations to the Program Committee according to the schedule in the applicable test administration materials. The written report goes to the full Board.

To Parents, Students, and Teachers

TSBVI shall notify each of its students and his or her parent or guardian of test results, observing confidentiality requirements stated at Confidentiality, below. All test results shall be included in each student’s academic achievement record and shall be furnished for each student transferring to another school. Upon receipt of the assessment results, the School shall disclose a student’s results to the student’s advisor and/or teacher in the same subject area as that school year’s assessment. [See Policies BQ series, FD, and FL]

19 TAC 101.3014

TEA shall adopt a series of questions to be included in an EOC assessment instrument administered under Education Code 39.023(c) to be used for purposes of identifying students who are likely to succeed in an advanced high school course. TSBVI shall notify a student who performs at a high level on the questions and the student’s parent or guardian of the student’s performance and potential to succeed in an advanced high school course. TSBVI may not require a student to perform at a particular level on the questions to be eligible to enroll in an advanced high school course. Education Code 39.033(b)

Parents Right-to-Know Under ESEA

As a condition of receiving assistance under Title I, Part A of the Elementary and Secondary Education Act (ESEA) (20 U.S.C. 6301 et seq.), TSBVI shall provide to each individual parent achievement levels and student’s academic growth (if applicable and available) on each of the state academic assessments required under Part A. 20 U.S.C. 6312(e)(1)(B)(i)

Parental Access

A parent is entitled to review results of each state assessment instrument administered to the parent’s child. This right of access does not apply, however, to those instruments or particular questions that are being field-tested by TEA. Education Code 26.005, 26.006(a)(2)

ACCELERATED INSTRUCTION BEGINNING 2021-22

Each time a student fails to perform satisfactorily on a STAAR OR STAAR-ALT math or reading assessment administered under Education Code 39.023(a) in the third through eighth grade, the School shall provide to the student at least 30 hours of accelerated instruction in the applicable subject area if determined appropriate by the ARD Committee. Accelerated instruction may require participation of the student before or after normal school hours, or embedded in the school day, provided at least once a week, and progress shall be monitored. Accelerated Learning Committees (ALC) will be established in August of 2021 and will either assign a classroom teacher who is a certified master, exemplary or recognized teacher, or deliver supplemental tutoring. The ALC will develop a written educational plan for each student to enable the student to perform at the appropriate grade level by the conclusion of the school year. If the student still fails to pass the STAAR or STAAR-Alt, the Superintendent shall meet with the ALC to identify the reason the student did not perform satisfactorily and determine whether to modify the necessary accelerated instruction and provide additional resources for that student. Education Code 28.0211

The School shall provide each student who fails to perform satisfactorily as determined by the commissioner under Education Code 39.023 on an EOC math or reading assessment with accelerated instruction in the subject assessed if determined appropriate by the ARD committee. If accelerated instruction is necessary during the subsequent summer, TSBVI will coordinate planning of such accelerated instruction with the local resident district. Education Code 28.0217; 39.0241(a) [See Policy EHBC]

College Readiness

TSBVI shall partner with at least one institution of higher education to develop and provide courses in college preparatory mathematics and English language arts. The courses must be designed:

  1. For students at the grade 12 level whose performance on:
    1. An EOC assessment instrument required under Education Code 39.023(c) does not meet college readiness standards; or
    2. Coursework, a college entrance examination, or an assessment instrument designated under Education 51.334(a) indicates that the student is not ready to perform entry-level college coursework; and
  2. To prepare students for success in entry-level courses.

A course must be provided on the campus of the high school offering the course or through distance learning or as an online course provided through TSBVI’s partner in higher education.

Faculty

Appropriate high school faculty offering courses and appropriate higher education faculty with which TSBVI partners shall meet regularly as necessary to ensure that each course is aligned with college readiness expectations.

Notice

TSBVI shall provide notice to each eligible student and the student’s parent or guardian regarding the benefits of enrolling in a course.

Credit Earned

A student who successfully completes an English language arts course may use the credit earned toward satisfying the advanced English language arts curriculum requirement for the foundation high school program under Education Code 28.025(b-1)(1). A student who successfully completes a mathematics course may use the credit earned toward satisfying an advanced mathematics curriculum requirement under Education Code 28.025 after completion of the mathematics curriculum requirement for the foundation high school program under Education Code 28.025(b-1)(2).

Dual Credit

A course may be offered for dual credit at the discretion of the institution of higher education with which the local school district or TSBVI partners. Education Code 28.014

SECURITY AND CONFIDENTIALITY

To ensure that each confidential assessment is reliable and valid and meets applicable federal requirements for measurement of student progress, TSBVI must comply with all of the applicable requirements specified in the test administration materials, which include general testing program information, requirements for ensuring test security and confidentiality described in the annual Test Security Supplement, procedures for test administration, training and responsibilities of personnel involved in test administration, and procedures for material control.

  1. Test coordinators and test administrators must receive all applicable training as required in the test administration materials and the Test Coordinator must maintain records related to the security of assessments for a minimum of five years;
  2. Notify TEA as soon as the School becomes aware of an alleged or suspected violation of the security or confidential integrity of a test [see Violations, below];
  3. Report all confirmed testing violations to TEA within ten working days of TSBVI becoming aware of the violation in accordance with the reporting process stipulated in the test administration materials;
  4. Ensure that the only individuals with access to secure test materials are School employees who have:
    1. Met the requirements to participate in the student assessment program;
    2. Received annual training in test security and test administration procedures; and
    3. Signed an oath affirming they understand their obligation to maintain and preserve the security and confidentiality of all state assessments and student information, acknowledge their responsibility to report any suspected testing violation, and are aware of the range of penalties that may result from a violation of test security and confidentiality or a departure from test administration procedures; and
  5. Ensure the security of the test materials as required by 19 Administrative Code 101.3031(a)(2)(E).

19 TAC 101.3031(a)(1)-(a)(2)

Confidentiality of Results

Individual student performance results are confidential and may be released only in

accordance with the Family Education Rights and Privacy Act of 1974. Education Code 39.030(b) [See Policy FL and GBA]

Test Administration Procedures

Test administration procedures shall be delineated in the test administration materials provided to TSBVI annually. TSBVI must comply with all of the applicable requirements specified in the test administration materials.

TSBVI shall ensure that test coordinators and administrators receive training to ensure that testing personnel have the necessary skills and knowledge required to administer assessment instruments in a valid, standardized, and secure manner.

Records Retention

The commissioner requires schools to maintain records related to the security of assessment instruments for five years.

19 TAC 101.3031(a-3)-(d)

Violations

Violation of security or confidentiality of any test is prohibited. A person who engages in conduct prohibited by the Test Security Supplement may be subject to sanction of credentials.

Procedures for maintaining the security and confidentiality of state assessments are specified in the Test Security Supplement and in the appropriate test administration materials. Conduct that violates the security and confidentiality of a test is defined as any departure from the test administration procedures established in the Test Security Supplement and other test administration materials. Conduct of this nature may include the following acts and omissions:

  1. Directly or indirectly assisting a student with a response or answer to a secure test question or prompt;
  2. Tampering with student responses;
  3. Falsifying holistic rating or student responses;
  4. Viewing secure test content before, during, or after an administration unless specifically authorized by TEA or by the procedures outlined in the test administration materials;
  5. Discussing or disclosing secure test content or student responses;
  6. Scoring student’s tests, either formally or informally;
  7. Duplicating recording, or electronically capturing secure confidential test content unless specifically authorized by TEA or by the procedures outlined in the test administration materials;
  8. Responding to secure test questions;
  9. Fraudulently exempting or preventing a student from participating in the administration of a required state assessment;
  10. Receiving or providing unallowable assistance during calibration activities (e.g., taking notes, providing answer sheets, or sharing answers);
  11. Encouraging or assisting an individual to engage in the conduct described above or in any other serious violation of security and confidentiality;
  12. Failing to report to an appropriate authority that an individual has engaged or is suspected of engaging in the above conduct or in any other serious violation of test security and confidentiality;
  13. Failing to implement sufficient procedures to prevent student cheating; and
  14. Failing to implement sufficient procedures to prevent alteration of test documents by anyone other than the student.

The State Board for Educator Certification (SBEC) may take any of the following actions against any person who violates, assists in the violation of, or solicits another to violate or assist in the violation of test security or confidentiality, as well as any person who fails to report such a violation:

  1. Place restrictions on the issuance, renewal, or holding of a Texas teacher certificate, either indefinitely or for a set term;
  2. Issue an inscribed or non-inscribed reprimand;
  3. Suspend a Texas teacher certificate for a set term; or
  4. Revoke or cancel a Texas teacher certificate without opportunity for reapplication for either a set term or permanently; or
  5. Impose any additional conditions or restrictions upon a certificate that SBEC deems necessary to facilitate the rehabilitation and professional development of the educator or to protect students, parents of students, school personnel, or school officials.

Release or disclosure of confidential test content could result in criminal prosecution under Education Code 39.0303, Government code 552.352, and Penal Code 37.10. The State Board for Educator Certification may take any of the above actions based on satisfactory evidence that an educator has failed to cooperate with TEA in an investigation.

Any irregularities in test security or confidential integrity may also result in the invalidation of student results.

Consequences

If TSBVI determines that a student has cheated or attempted to cheat on a state assessment either by providing or receiving direct assistance, the School shall invalidate the student’s test results.

Any violation of test security or confidential integrity may result in TEA:

  1. Invalidating student test results;
  2. Referring certified educators to the State Board for Educator Certification (SBEC) for sanctions in accordance with 19 Administrative Code Chapter 247 (Educators’ Code of Ethics) and Chapter 249 (Disciplinary Proceedings, Sanctions, and Contested Cases); and
  3. Lowering the district’s accreditation status or a district’s or campus’s accountability rating in accordance with Education Code 39.057(d), or appointment of a monitor, conservator, or management team to the district or charter school in accordance with Education Code Chapter 39A.

Disciplinary Action and Penalties

SBEC may take disciplinary action against a person who has violated the security or integrity of any assessment required by Education Code Chapter 39, Subchapter B or has committed an act that is a departure from the test administration procedures established by the Commissioner under 19 Administrative Code Chapter 101.

The Superintendent and campus principal must develop procedures to ensure the security and confidentiality of the tests and will be responsible for ensuring that TEA is notified in writing of any conduct that violates the security or confidentiality of a test. Failure to report can subject the person responsible to the applicable penalties.

19 TAC 249.15(a)-(b), (g)

MINIMIZE DISRUPTIONS

In implementing the commissioner’s procedures for the administration of assessment instruments adopted or developed under Education Code 39.023, including procedures designed to ensure the security of the assessment, TSBVI shall minimize disruptions to school operations and the classroom environment. Education Code 39.0301(a-1)

Adopted:         1/11/80

Amended:       1/16/81, 5/8/81, 11/11/83, 10/25/85, 9/27/90, 1/19/93, 9/24/93, 11/14/97, 11/15/19, 1/31/03, 4/1/05, 1/26/07, 1/25/13, 1/25/19, 4/6/20, 10/1/21

Reviewed