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As a current and future educator, to some degree, my professional perspective on this topic grows more serious and larger in concern daily. Teachers are deemed to be the professionals in education, but the world around us is attempting to prove that as false and seem to be pushing back. In society today, the educator often gets the short end of the stick. It is imperative that teachers use extra caution when creating, administering, and returning assessment feedback as the individuals involved also include the student and a parent, should they be a minor. This topic relates to educators that teach core and extracurricular courses. It also relates to assessments large and small. Large factors being the STAAR test or CTE certification tests. Small factors being a test or quiz in the teachers curriculum. I chose this topic due to its significant weight in my current and future educational roles. I know that assessment will always be a part of the job.

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Texas Education Agency (TEA):
The TEA is a state agency that oversees public education on the primary and secondary levels. According to the Texas Education Agency, “assessments provide educators and parents meaningful information to support strong teaching and guide students to their full potential” (TEA, n.d.). The State Board for Educator Certification (SBEC) is responsible for legal and ethical practices and holding educators accountable.

U.S. Department of Education:
The U.S. Department of Education is a federal government agency that establishes policy, administers, and coordinates federal assistance to education. According to the U.S. Department of Education, their mission is to “serve America's students-to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access” (U.S. Dept. of Ed., 2010). The Office of the General Counsel is accountable for legal issues within the U.S. Department of Education.

Both governing bodies create a set guidelines for educators to follow regarding assessment, especially state assessments. TEA specifically mandates students in grades 3-11 test in certain core subjects each year. Both governing bodies set the standard for education in America and they work together to incorporate expectations for school districts, educators, staff, students, and parents.

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Slide 3: Federal and State Constitutional Laws

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Slide 3: Federal and State Constitutional Laws

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U.S. Constitutional Law:
The newly introduced Bill, referred to as, Ending Common Core and Expanding School Choice Act claims that “the bill prohibits federal officers or employees from mandating academic standards, assessments, curricula, or accountability systems” (U.S. Congress, H.R. 65).

Link: https://www.congress.gov/bill/118th-congress/house-bill/65?q=%7B%22search%22%3A%5B%22assessment+in+education%22%5D%7D&s=5&r=1

Source of Law: Congress.gov

This law was originally passed to revise the requirements for disadvantaged children. It's purpose was to end the common core testing stage and expand on school choices. This law allowed states to distribute funding on a per-pupil basis.

Texas Constitutional Law:

Texas Education Code: Section 32.258 a-1 claims that “the agency shall establish and maintain a student assessment data portal for use by school districts, teachers, parents, students, and public institutions of higher education… a student or the student's parent or other person standing in parental relationship can easily access the student's individual assessment data” (Tex. Educ. Code § 32.258, 2021).

Link: https://codes.findlaw.com/tx/education-code/educ-sect-32-258.html

Source of Law: FindLaw

This law allows for open records, with parental compliance, to access a student's assessment records. This would be beneficial for tracking the students progress leading up to their graduation. Students are required to meet a set amount of assessment standards prior to graduation.

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Statute:
“Each classroom teacher is entitled to at least 450 minutes within each two-week period for instructional preparation, including parent-teacher conferences, evaluating students' work, and planning.” (Tex. Educ. Code. § 21.404).

Link: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.21.htm#21.404

Source of Law: Texas Education Code

To meet the standards of a satisfactory educator, the state is required to give preparation time.

The planning period must be at least 45 minutes in length per instructional day.

The teacher is not required to participate in any other activity during that time.

This period shall allow for instructional preparation and time to evaluate student work.

Administrative Law:
“Test administration procedures shall be established by the TEA in the applicable test administration materials” (Tex. Admin. Code § 101.3011).

Link: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=2&p_dir=P&p_rloc=161015&p_tloc=&p_ploc=1&pg=9&p_tac=173341&ti=19&pt=2&ch=101&rl=3022&dt=09/06/2015

Source of Law: Texas Administrative Code

Educators must follow all procedures outlined in the applicable test administration materials.

School districts, charter schools, and private schools must abide by this law.

All educators must follow guidelines set by TEA to administer state assessments.

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The example used of Case Law comes from a discrepancy regarding the use of the Texas Assessment of Academic Skills (TAAS). Previous to the STAAR exam and the TAKS exam, the TAAS was a requirement that had to be passed for high school graduation. The case linked below was filed after a handful of students were denied graduation by TEA due to discrimination against Texas minority students.

Link: https://casetext.com/case/gi-forum-v-texas-education-agency-wdtex-2000

Source of Law: Casetext

GI FORUM v. TEXAS EDUCATION AGENCY, Civil Action No. SA-97-CA-1278-EP (W.D. Tex. Jan. 7, 2000)

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According to the U.S. Department of Education, “each State shall develop or adopt a set of high-quality yearly student assessments, including assessments that measure performance in at least mathematics and reading/language arts, that will be used as the primary means of determining the yearly performance of each school and LEA served under Part A in enabling all participating children to meet the State’s student performance standards” (U.S. Dept. of Educ. § 1111).

Link: https://www.congress.gov/114/plaws/publ95/PLAW-114publ95.pdf

Source of Law: U.S. Department of Education

This mandate requires not only the assessment by teacher, but the assessment by state to ensure that students are continuously moving forward with their knowledge.

Often times, teachers will base their curriculum off of the state test, making it easier to assess students as the year passes and leading up to the state exam.

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Slide 7: Local Administrative Law/Policy/Rule

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Slide 7: Local Administrative Law/Policy/Rule

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According to the Texas Education Agency, “beginning with students first enrolled in Grade 9 in the 2011-2012 school year, a student must meet satisfactory performance on each end-of-course (EOC) assessment listed in the Texas Education Code (TEC), §39.023(c), except in cases as provided by subsections (b), (e), and (f) of this section and §101.3021(e) of this title (relating to Required Participation in Academic Content Area Assessments), in order to be eligible to receive a Texas diploma. The standard in place when a student first takes an EOC assessment is the standard that will be maintained throughout the student's school career” (Tex. Admin. Code § 101.3022).

Link: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=2&p_dir=&p_rloc=173341&p_tloc=&p_ploc=&pg=1&p_tac=173341&ti=19&pt=2&ch=101&rl=3022&dt=09/06/2015&z_chk=&z_contains=

Source of Law: Texas Administrative Code

This policy is set to outline the assessment requirements for students who are on track to graduate.

Teachers should follow state guidelines when designing and implementing assessments throughout yearly curriculum that will assist the student’s testing experience when they take EOC’s.

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The following risk management strategies originate from the Department of Education and Training, Risk Management - Schools webpage.

Risk Identification

“thinking about what could go wrong when you are delivering your objective” (Dept. of Educ. and Train., 2022).

Monitoring and Review

“Schedule monitoring and review periods at intervals appropriate to the nature of the objective and the level of risk” (Dept. of Educ. and Train., 2022).

Recording and Reporting

“Have a structured way to document and report the outcomes of the risk management process to relevant stakeholders” (Dept. of Educ. and Train., 2022).

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According to the Educators' Code of Ethics, Standard 3.3 claims that "the educator shall not intentionally, knowingly, or recklessly misrepresent facts regarding a student" (Tex. Admin. Code §247.2, 2018).

Link: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

This standard relates to my topic as it would be considered a misrepresentation of a student if a teacher was not sincere during the assessment process. Educators should know their students well and assess them based on curriculum only.

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My personal connection to the legal and ethical standards presented originates from my current educational career. Although I am apart of the career and technical education sector, I am still a certified educator that must abide by all of the rules set by the Texas Education Agency and the U.S. Department of Education regarding assessment. Often times I am called to proctor state assessments and I am required to sign an oath each year that signifies my training in state assessments. Aside from that, I design, create, and proctor exams in my own classroom over agriculture curriculum. Regardless of major or minor testing scenarios, I am called to assess students in an unbiased educational manner.

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Slide 11: Recommendations / Best Practices for Compliance

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Slide 11: Recommendations / Best Practices for Compliance

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The following recommendations originate from The Wiley Network and encourage ethical assessment methods.

1. Don't rush

Assessments that are rushed may include errors that affect fairness, accuracy, and usefulness.

2. Plan assessments carefully

“Aim not only to access your key learning goals but to do so in a balanced, representative way” (Suskie, 2019).

3. Aim for assignments and questions to be clear

“If students find the question difficult to understand, they may answer what they think is the spirit of the question rather than the question itself, which may not match your intent” (Suskie, 2019).

4. Guard against unintended bias

“A fair and unbiased assessment uses contexts that are equally familiar to all and uses words that have common meanings to all” (Suskie, 2019).

5. Ask a variety of people with diverse perspectives to review assessment tools

Having variety in opinion and expertise ensures that tools are clear, that the assessment appears as it should, and that the assessment doesn’t favor a specific student background.

6. Attempt large scale assessment tools

Attempt large scale ideas on small scale groups beforehand. This will allow a trial and error period with smaller consequences rather than sacrificing your efforts on a large scale.