Changes to Monday Testing from House Bill 3906

House Bill 3906 was passed during the 8th Texas Legislature session in 2019. This house bill created many changes to education and assessment policy, among them changes to Monday Testing. HB 3906 contains the following language:

“…in adopting a schedule for the administration of assessment instruments under this section, the State Board of Education shall ensure that assessment instruments administered under subsection (a) or (c) are not administered on the first instructional day of the week.”

House Bill 3906

The Texas Education Agency (TEA) has adjusted the 2019 – 2020 testing calendar to comply with this new law. However there are still some outstanding questions about the specifics of the law.

What’s considered the “first instructional day of the week?”

To answer this question it’s important to know that in November 2019 the Texas Administrative Code (TAC) §101.5001 was amended to state that:

“for the “for the purpose of scheduling assessment instruments under TEC, §39.023(a) and (c), the first instructional day of a week is Monday.”

Texas Administrative Code (TAC) §101.5001

Therefore, if a school is out of session on Monday during a testing window, the school may schedule a test administration on Tuesday when the students return.

What tests are covered under subsections (a) and (c)?

Under subsection (a), the following STAAR tests are covered:

  • Grades 3 – 8 reading
  • Grades 3 – 8 mathematics
  • Grades 4 & 7 writing
  • Grades 5 & 8 science
  • Grade 8 social studies

Subsection (b) covers all of the STAAR End-of-Course tests:

  • Algebra I
  • Biology
  • English I
  • English II
  • United States History

What about the other state tests?

HB 3906 does not affect the administration of any other required state tests, including STAAR Alternate 2 , TELPAS, or TELPAS Alternate. These tests may still continue to be administered on Mondays.

What about interim and benchmark assessments?

HB 3906 does not affect the administration of interim or benchmark assessments at the district or school level. That means these tests may continue to be administered on Mondays at the district or school’s discretion. This also includes the state-developed STAAR interim assessments.

What about if our districts are closed on Fridays in the summer?

Some schools and districts are closed on Fridays during the summer. This can cause some issues if they can’t administer EOC and Grade 5 & 8 retests on Monday, June 22nd because it will only leave them 3 days for summer testing.

If your student is in session (receiving instruction of any kind) on June 22nd, then the student may not participate in a state test administrator or re-administration. The “in session” determination may be made on a student-by-student basis.

For example, if your student Melanie is attending summer LEP classes through the district / school that are still in session on June 22nd, then she’s not eligible to take the Algebra I EOC on that date. However, if her classmate Lindsey is not attending any summer classes through the district / school then she may take the Algebra I EOC on that date.

It’s important to note that the exact dates for the English I and English II EOCs are set by TEA and cannot be changed without permission from the Student Assessment division.

Butch has worked with testing and accountability for 15 years at the campus, district, regional, and state levels. Originally from North Carolina, Butch is the State Assessment Specialist for Region 13, helping district test coordinators and others navigate the world of STAAR and TELPAS testing. He is available to answer any of your state testing policy and procedure questions.

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