April 2018 Committee on Instruction Item 2

Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.24, Credit by Examination
(First Reading and Filing Authorization)


April 13, 2018

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION


SUMMARY: This item presents for first reading and filing authorization proposed amendment to
19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.24, Credit by Examination, to amend the provisions related to test development and validation.

STATUTORY AUTHORITY: Texas Education Code (TEC), §7.102(c)(12) and §28.023, as amended by House Bill (HB) 789, 85th Texas Legislature, Regular Session, 2017.

TEC, §7.102(c)(12), authorizes the State Board of Education (SBOE) to establish guidelines for credit by examination.

TEC, §28.023, as amended by HB 789, 85th Texas Legislature, Regular Session, 2017, establishes that districts must develop or select for review examinations for acceleration for each primary school grade level and for credit for secondary school academic subjects based on guidelines established by the SBOE.

EFFECTIVE DATE: The proposed effective date of the proposed amendment is August 27, 2018.

PREVIOUS BOARD ACTION: The SBOE adopted 19 TAC §74.24 effective September 1, 1996. Section 74.24 was last amended effective November 24, 2015. A discussion item regarding proposed amendment 19 TAC §74.24 was presented to the Committee on Instruction at the January-February 2018 meeting. The committee requested that staff research the issues involved in the validation of credit by examination assessments and that an item be placed on the April 2018 agenda for first reading and filing authorization.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Section 74.24 addresses assessment for acceleration in Kindergarten through Grade 5 and assessment for course credit in Grades 6-12. The rule also outlines general provisions for the administration of credit by examination.

Companion bills HB 2694 and Senate Bill (SB) 1365, passed by the 83rd Texas Legislature, Regular Session, 2013, amended the TEC, §28.023, and the requirements for credit and acceleration by examination. Changes to the statute increased the number of testing opportunities a school district must provide each school year. The amended statute also required each school district to approve, to the extent available, at least four examinations for acceleration or for credit for each academic subject. Each examination must satisfy guidelines to be established by the SBOE, and the approved examinations must include College Board Advanced Placement (AP) examinations and College-Level Examination Program (CLEP) examinations. The legislation also reduced the minimum score requirement from 90 percent to 80 percent for a student to accelerate or be awarded credit.

HB 789, passed by the 85th Texas Legislature, Regular Session, 2017, amended TEC, §28.023, and the requirements for credit and acceleration by examination. Changes to statute apply only to Highland Park Independent School District students. The changes require the local board of trustees to establish the minimum score before the beginning of each school year for examinations to be administered during the school year and require that minimum score to apply for at least the entire academic year. The changes limit a minimum score to no greater than the 90th percentile.

Current SBOE rule requires that for a school district to administer a district-developed examination for the award of credit for courses with a required end-of-course (EOC) examination, the school district must certify that the examination meets the following criteria: the examination covers all assessable Texas Essential Knowledge and Skills; has not been published and is not publicly available; will only be administered in a secure environment under standardized conditions by a school district or institution of higher education; has been externally validated; is equivalent to state-level EOC assessment instruments in terms of content coverage, item difficulty, and technical quality; yields comparable results for all sub-groups; and is validated against the applicable EOC instrument. The rule also specifies that examinations developed by Texas Tech University and The University of Texas at Austin that do not have a comparable EOC examination must meet all requirements no later than the 2018-2019 school year. The proposed amendment to 19 TAC §74.24 would eliminate the requirement that examinations developed by Texas Tech University and The University of Texas at Austin that do not have a comparable EOC examination must meet test development and validation requirements no later than the 2018-2019 school year in order to ensure continued availability of examinations to school districts.

The proposed amendment was presented as a discussion item to the Committee on Instruction at the January-February 2018 meeting. This item presents an opportunity for the SBOE to approve for first reading and filing authorization proposed amendment to 19 TAC §74.24.

Attachment II presents the text of proposed amendment to 19 TAC §74.24 for consideration by the SBOE for first reading and filing authorization.

FISCAL IMPACT: The Texas Education Agency (TEA) has determined that that there are no additional costs to persons or entities required to comply with the proposed amendment. In addition, there is no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required. There is no effect on local economy for the first five years that the proposed amendment is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed amendment does not impose a cost on regulated persons and, therefore, is not subject to Texas Government Code, §2001.0045.

GOVERNMENT GROWTH IMPACT: TEA staff has determined that the proposed amendment does not have a government growth impact pursuant to Texas Government Code, §2001.0221.

PUBLIC AND STUDENT BENEFIT: Students would have additional options and test administration opportunities for examinations for acceleration and credit by examination.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would have no new procedural and reporting requirements.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendment would have no new locally maintained paperwork requirements.

PUBLIC COMMENTS: The public comment period will begin when the proposal, approved for first reading and filing authorization, is published in the Texas Register.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register.

The following related proposals are presented as separate items in this agenda:

• Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, are presented for second reading and final adoption.

• Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.5, Academic Achievement Record (Transcript), is presented for second reading and final adoption.

MOTION TO BE CONSIDERED: The State Board of Education:

Approve for first reading and filing authorization proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.24, Credit by Examination.

Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Support Services

Shelly Ramos, Senior Director
Curriculum Standards and Student Support

Attachment:
Statutory Citations (PDF, 18KB)
Separate Exhibit: Text of Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.24, Credit by Examination