- (a) The State Board of Education (SBOE) shall adopt a plan for assessment that complies with the requirements of the Texas Education Code (TEC), Chapter 39, Subchapter B. The adopted plan shall remain in effect until legislation mandates its revision.
- (b) For each criterion-referenced test developed under the TEC, Chapter 39, Subchapter B, SBOE shall approve the essential skills and knowledge on which the instrument is based and shall establish the standards for student performance.
- (c) The commissioner of education shall ensure that each criterion-referenced test developed under the TEC, Chapter 39, Subchapter B, meets accepted standards for educational testing.
- (d) Prior to inclusion on a criterion-referenced test developed under the TEC, Chapter 39, Subchapter B, each test item shall be reviewed under secure conditions according to accepted standards for educational testing.
- (e) The commissioner of education shall specify a schedule for testing and field testing that supports reliable and valid assessments.
- (f) The commissioner of education may provide alternate dates for the administration of the exit level and end-of-course tests to students who are migratory children, as defined in the TEC, §39.029, and who are out of the state.
- (g) A public or private school administering the tests required by the TEC, Chapter 39, Subchapter B, shall follow procedures specified in the applicable test administration materials. Each school shall maintain test security and confidentiality as delineated in the TEC, §39.030. Each public school shall assist with field testing and other activities necessary to implement the requirements of the TEC, Chapter 39, Subchapter B.
(h) The superintendent of each public school district or chief administrative officer of each private school administering the tests shall be responsible for all testing activities, including the following:
- (1) scheduling testing;
- (2) maintaining security; and
- (3) administering the tests to each eligible student.
- (i) A private school administering tests adopted under the TEC, Chapter 39, Subchapter B, shall reimburse the Texas Education Agency (TEA) for each test administered. The per-student cost may not exceed the cost of administering the same test to a student enrolled in a public school district.
- (j) A private school administering tests under the TEC, Chapter 39, Subchapter B, shall provide to the commissioner of education the information described in the TEC, §39.051(b).
- (k) A school district may adopt policies regarding the local use of an end-of-course test. However, during the benchmark year and the subsequent school year, a school district shall not adopt policies that would allow a student to fail a course solely on the basis of failure on the state end-of-course test.
Source Note:The provisions of this §101.1 adopted to be effective January 1, 1996, 20 TexReg 9691.