1. (a) Each nonexempt student shall take the criterion-referenced tests administered under the Texas Education Code (TEC), Chapter 39, Subchapter B.
2. (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.
3. (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.
4. (d) Each exempted special education student shall participate in an appropriate alternative assessment, as determined by the student's ARD committee.
5. (e) A student of limited English proficiency, as defined by the TEC, Chapter 29, Subchapter B, shall take the criterion-referenced test unless the student's language proficiency assessment committee (LPAC) determines that it is an inappropriate measure of the student's academic progress based on the student's limited language proficiency.

6. (f) The LPAC shall select one of the options outlined in paragraphs (1)-(3) of this subsection for each limited English proficient (LEP) student. The criteria for this determination shall be documented in the student's permanent record file and shall conform with required procedures for identification of a limited English proficient student. Any combination of the options outlined in paragraphs (1) and (2) of this subsection shall not exceed three consecutive years. Any combination of using the Spanish version criterion-referenced test and exempting for limited English proficiency shall not total more than three years. A school district shall make a reasonable effort to determine a student's previous exemption and testing history. For students who have been enrolled continuously in school beginning at least in the first grade, the LPAC is discouraged from selecting a combination of the options outlined in paragraphs (1) and (2) of this subsection for more than two years.

   1. (1) The LEP student may be exempted from the criterion-referenced test.
   2. (2) The LEP student may be administered the Spanish version criterion-referenced test.
   3. (3) The LEP student may be administered the English version criterion-referenced test.
7. (g) Each exempted student of limited English proficiency shall participate in an appropriate alternative assessment, as determined by the student's LPAC.
8. (h) No student shall be exempted from an exit level or end-of-course test based on limited English proficiency. However, a student who is a recent immigrant with limited English proficiency may postpone only one time the initial administration of the exit level test. The term "recent immigrant" is defined as an immigrant entering the United States no more than 12 months before the administration of the exit level test from which the postponement is sought.

Source Note:The provisions of this §101.3 adopted to be effective January 1, 1996, 20 TexReg 9691.