ATTACHMENT I
Chapter 101. Assessment
§101.3. Testing Accommodations and Exemptions.
(a)
Each nonexempt student shall take the criterion-referenced tests administered under the Texas Education
Code (TEC), Chapter 39, Subchapter B.
(b)
Testing accommodations on the criterion-referenced tests and alternative assessments administered under
the TEC, Chapter 39, Subchapter B, are permitted unless they would make a particular test invalid as a
measure for school accountability. The decision to make a testing accommodation shall take into
consideration the needs of the student and the accommodation in classroom instruction the student routinely
receives. Permissible testing accommodations shall be described in the appropriate test administration
materials.
(c)
A student participating in a special education program under the TEC, Chapter 29, Subchapter A, shall take
the criterion-referenced test unless the student's admission, review, and dismissal (ARD) committee
determines that it is an inappropriate measure of the student's academic progress as outlined in the student's
individual educational plan (IEP). Each exemption or testing accommodation shall be documented in the
student's IEP.
(d)
Each exempted special education student shall participate in an appropriate alternative assessment, as
determined by the student's ARD committee.
(e)
A student of limited English proficiency, as defined by the TEC, Chapter 29, Subchapter B, shall participate
in the administration of the criterion-referenced tests as outlined in this section. School districts shall follow
all Texas Education Agency procedures necessary for the administration of the criterion-referenced tests.
(f)
In Grades 3-12, the limited English proficient (LEP) student shall take the reading proficiency tests in
English until the student has demonstrated English reading proficiency and is being administered the
assessment of academic skills in English.
(g)
In accordance with the TEC, §39.023 (a) and (l) and §39.027(a)(3), the language proficiency assessment
committee (LPAC) shall select the appropriate assessment for each LEP student as outlined in this
subsection. The criteria for the selection of tests shall be documented in the student's permanent record file.
A school district shall make a reasonable effort to determine a student's previous testing history.
(1)
In Grades 3-8, the LEP student shall take the assessment of academic skills in English or Spanish,
as appropriate, unless the student is a recent unschooled immigrant, in which case the student is not
required to take the assessment of academic skills during the 12-month period following the
student's enrollment in U.S. schools.
(2)
For the purposes of paragraph (1) of this subsection, the term "unschooled" means to lack the
necessary foundation in the essential knowledge and skills of the state-mandated curriculum as a
result of inadequate schooling outside the U.S., as determined by the LPAC.
(h)
The LEP student shall be required to take the exit level assessment of academic skills and the end-of-course
tests. However, the LEP student who is a recent immigrant may postpone only one time the initial
administration of the exit level test and end-of-course test. The term "recent immigrant" in this paragraph is
defined as an immigrant who enrolls in U.S. schools no more than 12 months before the administration of
the exit level test from which the postponement is sought.
(i)
The LEP student whose parent or guardian has declined the services required by the TEC, Chapter 29,
Subchapter B, shall take the assessment of academic skills in English and the reading proficiency tests in
English.
(j)
Upon written request, the commissioner of education may annually grant each district the authority to
administer the assessment of academic skills in Spanish to a student who is not identified as limited English
proficient but who participates in a two-way bilingual program.
(k)
The LPAC shall select one of the options outlined in paragraphs (1)-(3) of this subsection for each LEP
student. The criteria for the selection of testing options shall be documented in the student's permanent
record file and shall conform with required procedures for identification of a limited English proficient
student. A school district shall make a reasonable effort to determine a student's previous exemption and
testing history.
(l)
(1)
The LEP student may be exempted from the criterion-referenced test if the student is an immigrant
who has been enrolled in U.S. schools for three years or less.
(2)
The LEP student may be administered the Spanish version criterion-referenced test.
(3)
The LEP student may be administered the English version criterion-referenced test.
Subsection (k) of this section shall expire August 31, 2000, and applies to the 1999-2000 school year.
Subsection (g) of this section takes effect beginning with the 2000-2001 school year. Subsection (l) expires
September 1, 2000.
Source: The provisions of this §101.3 adopted to be effective January 1, 1996, 20 TexReg 9691; amended to be
effective December 5, 1999, 24 TexReg 10529.