- (a) An assessment instrument required under the Texas Education Code (TEC), §39.032, is defined as a nationally normed achievement test that is group administered and reported publicly in the aggregate. A test given for a special purpose, such as program placement or individual evaluation, is not included in this definition. The commissioner of education shall provide annually to school districts and charter schools a list of state-approved group-administered achievement tests that test publishers certify meet the requirements of TEC, §39.032.
- (b) A company or organization scoring a test defined in subsection (a) of this section shall send test results to the school district for verification. The school district shall have 90 days to verify the accuracy of the data and report the results to the school district board of trustees. The company or organization shall provide results to the Texas Education Agency annually and data shall include the name, level, and form of the test; the year in which the test was normed; and the mean normal curve equivalent aggregated for each subject area by grade, campus, and district. State norms shall be provided if available.
- (c) A company or organization that reports results using national norms that do not comply with the TEC, §39.032(c), is liable for damages as stated in the TEC, §39.032(d).
- (d) To maintain the security and confidential integrity of group-administered achievement tests, school districts and charter schools shall follow the procedures for test security and confidentiality delineated in Subchapter C of this chapter (relating to Security and Confidentiality).
Source Note:The provisions of this §101.101 adopted to be effective November 15, 2001, 26 TexReg 9088.