Categories
Accountability STAAR | EOC Testing

TPERN Condemns TEA Proposal On Substitute Assessments; Accuses Commissioner of Exceeding Authority

Today the Texas Education Agency proposes a rule[1] that would tell a high school student who has met the required passing scores on state approved nationally recognized assessment instruments that they are not entitled to a Texas High School Diploma unless they also submit to take a state created assessment for which they have no required performance standard.  It is the ultimate bureaucratic creation of data for the sake of data, and it is an unnecessary, punitive measure intended to threaten and intimidate parents into abandoning control of the education of their children.  More importantly, it is an illegal attempt by the commissioner to substitute his judgment for the judgment of the legislature.  Any Texan who believes in the separation of powers and the rights of parents to direct the education of their children must oppose this rule.  TPERN will be asking its supporters to voice their opinion through the public comment process.

The TEA proposed rule is an unnecessary and improper incursion into the constitutional powers of the legislature.  The substitute assessment statute allows the commissioner to define a method for the use of substitute assessments, but it does not permit him to add impediments to their use not contained in the statute.  The law is clear that the legislature intends that “a student’s satisfactory performance [on a substitute] assessment instrument shall be used to satisfy the requirements concerning an end-of-course assessment instrument.”

The commissioner errs by adding an EOC attempt requirement where none exists and where the existing statute in fact contemplates the opposite.

“A student who fails to perform satisfactorily on a test or other assessment instrument authorized under this subsection, other than the PSAT or the ACT-Plan, may retake that test or other assessment instrument for purposes of this subsection or may take the appropriate end-of-course assessment instrument.  A student who fails to perform satisfactorily on the PSAT or the ACT-Plan must take the appropriate end-of-course assessment instrument.”

As set forth above, for instruments other than the PSAT and the ACT-Plan, the legislature clearly gives the student the choice of attempting another substitute OR taking the EOC.  The commissioners rule deprives the student of this choice.  Likewise, consider the clear statutory imperative of initial attempts in allowing the use of the TSI as a substitute assessment.  In that case the legislature wrote:

A student who, after retaking an end-of-course assessment instrument for Algebra I or English II, has failed to perform satisfactorily as required by Subsection (a), but who receives a score of proficient on the Texas Success Initiative (TSI) diagnostic assessment for the corresponding subject for which the student failed to perform satisfactorily on the end-of-course assessment instrument satisfies the requirement concerning the Algebra I or English II end-of-course assessment, as applicable.

Here the legislature has clearly required two attempts as a condition to using TSI scores as a substitute for Algebra I or English II EOCs.  The substitute assessment statutes are notably silent on any other pre-requisite attempts as a condition for the use of substitute assessments.

Where the legislature has expressed its will in one area relating to substitute assessments, but withheld any such requirements from other areas, the commissioner may not impose additional restrictions by rule.  The commissioner’s efforts to amend the statute by rulemaking exceed his authority and must be rejected.

Moreover, the restriction on graduation is wholly unnecessary.  What the commissioner wants is higher participation in the EOCs for accountability purposes.  This is accomplished simply with his amendment of Rule 101.4002 (e).  This amendment alone would require a student to take each EOC one time, but it would not prevent a qualified student from graduating if they failed to take the EOC.

By attempting to condition the use of substitute assessments on an initial failure of the state EOCs, the Commissioner markedly changes the law.  This is not a permissible use of rulemaking.  Moreover, it is wholly unnecessary.  The commissioner’s decision threatens to keep good students from graduating by rule when all statutory requirements have been met.  It cannot stand.

Finally, TPERN condemns the TEA’s willful avoidance of the legislature as the proper venue to address this issue.  In the proposed rule, the TEA admits that it was aware of the accountability issue since December 2018.  An entire legislative session passed without ANY ATTEMPT to adjust the substitute assessment statute.  Once the legislature had safely adjourned, the commissioner then undertook to change the law in the darkness of agency rulemaking, rather than in the sunshine of the Capitol dome.  This cynical approach to the rule of law demeans the vote of every Texan and should be repudiated by every sitting legislator.

[1] The proposed rule can be viewed at https://docdro.id/khK93zB

Categories
STAAR | EOC Testing Testing Irregularity

TEA Violates Law; Refuses to Validate Assessments

In a decision that surprises absolutely nobody, the Texas Education Agency has announced that it will ignore the recent changes to STAAR assessment imposed by the 84th Legislature.  In HB 743, the legislature required that assessments be shortened, that they occur only over the course of one day, and that they be independently validated.  This bill passed overwhelmingly and is in effect.  For this school year, all assessments must comply with the law.

However, the TEA has announced that it will not follow the law this year.  It has stated it will not administer shortened assessments until 2017 and that it will “decide” whether its current process of internal assessment review is an “independent” validation.  Clearly, if the legislature felt the assessment instruments were currently being validated, there would be no need for the law.  This is just wishful, if not willful, misconduct by the TEA.

For parents, however, there are significant ramifications. The TEA intends to subject your children to assessments that do not comply with the law and to permit schools to use these illegal assessments to promote or retain your children.  The clearest impact is in grades 3-5.  In our Forms and Documents section you will find a link to a new refusal letter based on the illegality of the assessments.  Please also consider signing the petition below!

Petition to Require TEA to Follow the Law

TPERN also urges all parents to contact their local state representative and senator and demand hearings regarding the TEA’s belief that it is above the law.  The irony of an agency that tells parents that the law requires them to take the STAAR (when it doesn’t) deciding it can ignore the law whenever it likes, is too outrageous for words.  The leadership of this rogue agency must be called to account.

Update: We have been asked about documentation of the TEA’s position.  This is derived from the TEA’s Legislative Briefing Book, contained on their website, and linked herein.  The discussion of HB 743 begins on numbered page 80.  Discussing the STAAR assessments for Grades 3-5 the TEA states “The grades 3-5 assessments in reading and mathematics cannot be revised in time for the spring 2016 administration. The first administration of the shortened assessments would occur in spring 2017.”  A similar statement exists for the writing assessments.  Discussing the possibility that they do not need to independently validate the assessment, the TEA states “Prior to the spring 2016 administration, the agency must determine whether the TTAC, or USDE peer review process to approve state achievement standards and assessment systems required under Title I, meets the requirements of (a-11). If not, an independent entity will need to be contracted with to perform the evaluation pending available funding.”  They also complain there is no appropriation for this, indicating that they may choose to ignore the requirement because funds were not EXPRESSLY appropriated for the purpose.

Update 2: It has been pointed out that the TEA apparently back-tracked on writing assessments and will limit them to one day.  However, the will not fit within the time parameters set by the  legislature, so they are still not in compliance. This information is found here.

Update 3:  TEA lies and refusal continue.  Under pressure from the legislature and parent groups, they have now announced they will remove the field test questions from the assessments this spring.  While that will shorten the assessments by five to eight questions, it will not get them under two hours for grades 3-5 as required by law.  This is not a “victory” as some parents are claiming and as the press is reporting.  It is continued violation of the law by the TEA.