PART 2. TEXAS EDUCATION AGENCY
SUBCHAPTER FF. COMMISSIONER'S RULES CONCERNING DIAGNOSTIC ASSESSMENT
The Texas Education Agency (TEA) proposes new §101.6001, concerning the Texas middle school diagnostic reading assessment. The proposed new rule would implement the requirement of the Texas Education Code (TEC), §28.006(c-1), which requires each school district to administer at the beginning of the seventh grade a reading instrument to each student whose performance on the assessment instrument in reading in Grade 6 did not demonstrate reading proficiency.
In 1999, the 76th Texas Legislature enacted the Student Success Initiative, which established grade advancement requirements based on student performance on statewide assessments in reading and/or mathematics in Grades 3, 5, and 8. In 2007, the 80th Texas Legislature passed legislation that would address the academic performance differences of elementary students and students in Grades 6-8 on the state reading assessments. In addition, Grade 8 students were subject to the grade advancement requirements of the Student Success Initiative beginning with school year 2007-2008.
The 80th Texas Legislature, through HB 2237, provided for the statewide implementation of a reading assessment to be administered at the beginning of Grade 7 to students who did not demonstrate reading proficiency, as determined by the commissioner, on the Grade 6 state assessment in reading. The results of the assessment will provide diagnostic information that school districts can use to offer reading intervention to these students based on their specific needs. A school district shall provide additional reading instruction and intervention to each student in Grade 7 assessed under the proposed new rule, as appropriate to improve the student's reading skills in the relevant areas identified through the assessment instrument.
Proposed new 19 TAC §101.6001 would establish provisions for middle school diagnostic reading assessment, including designating the diagnostic reading instrument to be used for identified students and providing criteria for alternative diagnostic reading instruments.
To comply with the proposed new rule, school districts will administer the Texas Middle School Fluency Assessment and/or a TEA-approved alternate research-based, diagnostic reading instrument. A school district that chooses to administer an alternate diagnostic reading instrument would be required to request prior approval from the TEA by submitting an explanation of how the alternate instrument meets specified criteria along with appropriate evidence.
Sharon Jackson, Associate Commissioner for Standards and Programs, has determined that for the first five-year period the new section is in effect there will be no additional fiscal implications for state or local government as a result of enforcing or administering the new section. Local school districts that use the designated diagnostic reading instrument would incur no additional costs. A local school district that chooses to use a diagnostic reading assessment instead of or in addition to the state diagnostic reading instrument would have to purchase it with district funds. This could cause a district to incur local costs, which are unknown and cannot be determined.
Dr. Jackson has determined that for each year of the first five years the new section is in effect the public benefit anticipated as a result of enforcing the new section will be that districts will be provided with a diagnostic reading instrument that can be used to assess Grade 7 students who are struggling readers and provide results that can be used in a reading intervention program for these students. There is no anticipated economic cost to persons who are required to comply with the proposed new section.
There is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
The public comment period on the proposal begins July 18, 2008, and ends August 18, 2008. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028.
The new section is proposed under the Texas Education Code, §28.006(c-1), added by House Bill 2237, 80th Texas Legislature, 2007, which authorizes the commissioner to adopt a reading instrument to administer at the beginning of the seventh grade to each student whose performance on the assessment instrument in reading in grade six did not demonstrate reading proficiency.
The new section implements the Texas Education Code, §28.006(c-1) and §28.006(g-1).
§101.6001.Texas Middle School Diagnostic Reading Assessment.
(a) Each school district shall administer during the first six weeks of the school year the diagnostic reading instrument specified in subsection (c) of this section to each student in Grade 7 whose performance on the Grade 6 Texas Assessment of Knowledge and Skills (TAKS) or TAKS-Accommodated in reading did not meet the passing standard. The admission, review, and dismissal committee for each student who was administered the TAKS-Modified in reading may determine if the diagnostic assessment is appropriate for use with that student.
(b) A student in Grade 7 who does not have a score for the statewide reading assessment in Grade 6 may be given an equivalent comprehension assessment. If that student does not meet the passing standard, then the student must be administered the diagnostic reading assessment specified in subsection (c) of this section.
(c) A school district must use the Texas Middle School Fluency Assessment and/or an alternate diagnostic reading instrument approved by the Texas Education Agency (TEA). A district must submit to the TEA an alternate diagnostic reading instrument for approval if it meets the criteria in subsection (d) of this section.
(d) An alternate diagnostic reading instrument must:
(1) be based on published scientific research in reading;
(2) be age and grade-level appropriate, valid, and reliable;
(3) identify specific skill difficulties in word analysis, fluency, and comprehension; and
(4) assist the teacher in making individualized instructional decisions based on the assessment results.
(e) A school district shall provide additional reading instruction and intervention to each student in Grade 7 who did not meet the passing standard on the Grade 6 state assessment in reading as appropriate to improve the student's reading skills in the areas of need identified by the diagnostic reading assessment.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 1, 2008.
TRD-200803411
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: August 17, 2008
For further information, please call: (512) 475-1497