Upon receipt of a signed agreement from an SBEC-approved EPP and the total payment, ETS will send one Representative Test CD-ROM that includes:

Transcription

1 Updated: Ordering Instructions for the Texas Examinations of Educator Standards (TExES ) and Texas Examinations for Master Teachers (TExMaT ) Representative Tests Copyright 2018 by the Texas Education Agency (TEA). All rights reserved. The Texas Education Agency logo and TEA are registered trademarks of the Texas Education Agency. Texas Examinations of Educator Standards, TExES, the TExES logo, Texas Examinations for Master Teachers and TExMaT are trademarks of the Texas Education Agency. ETS is the registered trademark of Educational Testing Service. Other products, services and brand names mentioned herein may be trademarks of their respective owners.

2 Representative forms of the Texas Examinations of Educator Standards (TExES ) and the Texas Examinations for Master Teachers (TExMaT ) tests have been developed by Texas Education Agency (TEA) and Educational Testing Service (ETS). These Representative Tests are used at State Board for Educator Certification (SBEC)- approved Educator Preparation Programs throughout Texas and are designed exclusively to assist staff in measuring candidates knowledge and skills in relation to the approved TExES and TExMaT test frameworks. They are also useful in preparing certification candidates for testing. Each Representative Test contains the same number of scoreable test items that appear on corresponding operational test forms. The items are similar in design and difficulty to those found on actual TExES and TExMaT tests. They are not, however, exactly the same items as on the actual test. Representative Tests are not equated to operational certification exams. Results on the Representative Tests are therefore not directly comparable to results on the actual tests. For this reason, passing a Representative Test should not be used as a requirement for candidates to gain approval to test. Representative Tests are developed to match the specifications of the actual tests in both content and item difficulty. If the Representative Tests or the test items contained in the Representative Tests are altered (for example, broken into smaller forms) they are no longer truly representative of the tests. Representative Tests that have been altered to create two or more smaller tests will provide a very limited number of items in each domain and competency and would therefore be highly unreliable for determining candidate strengths and weaknesses. Representative Tests are to be administered and scored independently by the Educator Preparation Program (EPP) and each EPP bears the responsibility of maintaining the security of the Representative Tests. While a Representative Test is not an official version of the TExES or TExMaT test and does not count toward meeting the testing requirements for certification, its usefulness depends on students taking it without prior knowledge of its content. If the security of the Representative Test items and answer keys is not maintained, the Representative Test loses its value. Consequently, loss of a Representative Test may jeopardize activities at other EPPs. Therefore, the security of all Representative Test materials must be strictly maintained as specified in the User Agreement on pages 4-6 of this document. The value of the Representative Tests to both students and EPPs is seriously compromised if students have access to test questions and/or answer keys. Page 2 of 14

3 Upon receipt of a signed agreement from an SBEC-approved EPP and the total payment, ETS will send one Representative Test CD-ROM that includes: the test framework a test administration manual the test form an answer key an answer sheet Delivery of the above items by ETS shall be deemed ETS acceptance of the signed agreement. NOTE: 190 BTLPT, 613 LOTE Spanish and 177 Music include a second CD-ROM containing the listening portion of the Representative Test. To administer this section of the Representative Test you will need a CD player. Additionally, 190 BTLPT and 613 LOTE Spanish may require a recording device to record test taker responses. While this is not required for administration of the Representative Test, this may be desired. 178 Art (EC 12) includes a packet of 20 Book of Reproductions. The Book of Reproductions is needed to answer the items on the Art Representative Test. Additional sets of 20 Book of Reproductions can be purchased separately from the Representative Test. Page 3 of 14

4 Ordering Instructions Authorized representatives can order Representative Tests by phone or mail. To order, review and complete the User Agreement (pages 5-9) and the Order Form (pages 10-14) and submit them with payment and a copy of your tax-exempt certificate (if applicable). Please address purchase orders and make payments to ETS. Missing or incomplete information may result in a delay in processing your order. Allow two weeks from the time your completed order and payment are received by ETS until delivery of the Representative Test(s). NOTE: ETS Order Services has a no return, no refund policy. Use the checklist below to ensure your order is complete. Both the User Agreement and the Order Form must be signed by the same authorized person. A completed and signed User Agreement A completed Order Form A copy of your tax-exempt certificate (if applicable) Payment (check, signed purchase order or credit card*) *American Express, Discover, MasterCard, VISA accepted Order Representative Tests by: Mail ETS Order Services P.O. Box 6051 Princeton, NJ OS_INTERNET@ETS.ORG Phone Fax Page 4 of 14

5 User Agreement The terms and conditions set forth in this user agreement (the Agreement ) govern use of the Representative Tests for the Texas Examinations of Educator Standards, or TExES ( TEXES ) and for the Texas Examinations for Master Teachers, or TExMaT ( TEXMAT ) (collectively referred to herein as the Representative Tests ), which Representative Tests were developed for Texas Education Agency ( TEA ) by committees of Texas educators, and by Educational Testing Service ( ETS ). 1. Representations and Warranties of User The user of the Representative Tests ( User ) makes the following representations and warranties to ETS, upon which ETS is relying to provide User with Representative Tests: 1.1. User is an SBEC-approved Educator Preparation Program ( EPP ) The individual whose name and signature appear at the bottom hereof has been duly authorized by the EPP to enter into this Agreement User will ensure that only authorized personnel will have access to the Representative Tests and that they will be informed of all provisions hereof relative to their responsibilities. 2. Copyright Ownership 2.1. TEA owns (or is the exclusive licensee of) all intellectual property rights relative to the Representative Tests, including without limitation, copyrights User understands and acknowledges that this Agreement does not constitute a copyright license or the grant or transfer of any other intellectual property right whatsoever. 3. Confidentiality Requirement User understands and agrees that: 3.1. The Representative Tests are proprietary and confidential information of ETS and must be kept confidential and secure from unauthorized disclosure in order to retain their validity and effectiveness. Page 5 of 14

6 3.2. The unauthorized disclosure of the Representative Tests, in whole or in part, may render them unusable for future test administrations by other EPPs and any other SBEC-authorized institutions which have, or could have, purchased the same Representative Tests User will keep confidential and locked in a storage facility accessible only to duly authorized EPP representatives, and generally treat with the same level of care as it would its own property, any and all Representative Tests and related materials, contained on any medium whatsoever, including without limitation printed on paper, stored in electronic format on computer disks, magnetic tape, microfiche, DVDs, or CD-ROMs, transmitted as electronic file attachments to s, and/or downloaded/uploaded via Internet website User will not, directly or indirectly, disclose the Representative Tests or related materials, including without limitation any subject matter, substance, question wording, or best answers, to any unauthorized person(s). 4. Representative Test Administration 4.1. User will ensure that any and all personnel involved in any aspect of the Representative Test administration will be required to strictly comply with the instructions set forth in the Representative Test Administration Manual provided by ETS (the Manual ) relevant to their particular function(s) In the event User allows candidates to take Representative Test administrations by computer, User will implement stringent security measures to prevent the unauthorized disclosure or dissemination thereof, including without limitation by requiring password protection of the Representative Test electronic files and blocking of Internet access on those computers in order to prevent electronic file transmission. 5. Duration of Validity of Representative Tests 5.1. The Representative Tests provided to User by ETS will continue to remain valid and in effect until (i) retirement by ETS of the Representative Tests by production of new Representative Tests, or (ii) ten (10) years, whichever occurs sooner User agrees to shred any and all Representative Tests retired for any of the above two reasons within thirty (30) days after the occurrence of (i) or (ii) above, as the case may be, and to certify such shredding in writing, if requested to do so by ETS. Page 6 of 14

7 6. Breach of Agreement To the extent authorized by the laws and Constitution of the State of Texas; breach by User of any representation, warranty, or term and condition set forth herein may result in immediate termination by ETS of this Agreement, forfeiture by User of any sums paid to ETS for Representative Tests, banning of future Representative Test purchases by User, payment of monetary damages to ETS, including without limitation costs to develop new Representative Tests and attorneys fees to defend legal actions, as well as and any and all other remedies available to ETS at law or in equity. 7. Venue; Governing Law The Agreement and all of the rights and obligations of the parties hereto and all of the terms and conditions hereof will be construed, interpreted and applied in accordance with and governed by and enforced under the laws of the State of Texas. 8. Notices Except as otherwise provided by this Section, all notices, consents, approvals, demands, requests or other communications provided for or permitted to be given under any of the provisions of the Agreement will be in writing and will be sent via certified mail, hand delivery, overnight courier, facsimile transmission (to the extent a facsimile number is set forth below), or (to the extent an address is set forth below) as provided below, and notice will be deemed given (i) if delivered by certified mailed, when deposited, postage prepaid, in the United States mail, or (ii) if delivered by hand, overnight courier, facsimile (to the extent a facsimile number is set forth below) or (to the extent an address is set forth below), when received: If to User: To the address set forth below the User signature If to ETS: Educational Testing Service PO BOX 6156 Princeton, NJ Attention: GCO or other person or address as may be given in writing by either party to the other in accordance with this Section. 9. Eligibility Certifications Pursuant to Sections and , Texas Government Code, ETS certifies that the individual or business entity named in the Agreement is not ineligible to receive the award of or payments under the Agreement and acknowledges that the Agreement may be terminated and payment withheld if these certifications are inaccurate. Page 7 of 14

8 10. Texas Prompt Payment Act User will remit payments under this Agreement in accordance with the Texas Prompt Payment Act ( Act ), Chapter 2251, Texas Code. Pursuant to the Act, User s payment will be deemed late on the 31st day after the later of (1) the date goods are delivered or performance of services is completed, or (2) the date User receives an invoice for the goods or services. If the payment date is not a business day, payment is due on the next business day following that date. 11. Limitations IF USER IS A STATE UNIVERSITY, THE PARTIES ARE AWARE THAT THERE MAY BE CONSTITUTIONAL AND STATUTORY LIMITATIONS ON THE AUTHORITY OF SUCH USER (A STATE AGENCY) TO ENTER INTO CERTAIN TERMS AND CONDITIONS OF THE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THOSE TERMS AND CONDITIONS RELATING TO LIENS ON USER S PROPERTY; DISCLAIMERS AND LIMITATIONS OF WARRANTIES; DISCLAIMERS AND LIMITATIONS OF LIABILITY FOR DAMAGES; WAIVERS, DISCLAIMERS AND LIMITATIONS OF LEGAL RIGHTS, REMEDIES, REQUIREMENTS AND PROCESSES; LIMITATIONS OF PERIODS TO BRING LEGAL ACTION; GRANTING CONTROL OF LITIGATION OR SETTLEMENT TO ANOTHER PARTY; LIABILITY FOR ACTS OR OMISSIONS OF THIRD PARTIES; PAYMENT OF ATTORNEYS FEES; DISPUTE RESOLUTION; INDEMNITIES; AND CONFIDENTIALITY (COLLECTIVELY, THE LIMITATIONS ), AND TERMS AND CONDITIONS RELATED TO THE LIMITATIONS WILL NOT BE BINDING ON USER EXCEPT TO THE EXTENT AUTHORIZED BY THE LAWS AND CONSTITUTION OF THE STATE UNDER WHICH THAT UNIVERSITY IS GOVERNED. 12. Confidentiality 12.1 Confidential Information as used herein means information identified in good faith by either Party as Confidential and/or Proprietary, or information that, under the circumstances, ought to reasonably be treated as confidential and/or proprietary. Confidential Information shall include, but not be limited to, the terms and conditions of this Agreement, personal information of Candidates (including, but not limited to, financial, credit card, educational and registration information), present and/or future product information, pricing information and business plans. Neither Party shall disclose to a third party Confidential Information of the other Party, or use such Confidential Information for any purpose except to fulfill its obligations under this Agreement. The receiving Party shall use the same degree of care as it uses to protect the confidentiality of its own confidential information of like nature, but no less than a reasonable degree of care, to maintain in confidence the Confidential Information of the disclosing Party. The foregoing obligations shall not apply to any Confidential Information that: (a) can be demonstrated to have been publicly known at the time of the disclosing Party s disclosure of such Confidential Information to the receiving Party; (b) becomes part of the public domain or publicly known, by publication or otherwise, not due to any unauthorized act or omission by the receiving Party; (c) can be demonstrated to have been independently developed or acquired by the receiving Party without reference to or reliance upon such Confidential Information; (d) is provided to the receiving Party by a third party who is under no obligation to the disclosing Party to keep Page 8 of 14

9 the information confidential; or (e) is required to be disclosed by law, provided that the receiving Party takes reasonable and lawful actions to avoid and/or minimize such disclosure and promptly notifies the disclosing Party so that the disclosing Party may take lawful actions to avoid and/or minimize such disclosure Each Party agrees that it will use the Confidential Information provided by the other Party only as necessary to discharge its obligations under this Agreement or for its internal research purposes and for no other purpose without the prior written consent of the disclosing Party. 13. Entire Agreement; Modifications The Agreement supersedes all prior agreements, written or oral, between ETS and User and will constitute the entire Agreement and understanding between the parties with respect to the subject matter hereof. The Agreement and each of its provisions will be binding upon the parties and may not be waived, modified, amended or altered except by a writing signed by User and ETS AGREED AND ACCEPTED: Signature Title Department Institution/Name of Street Address City State ZIP/Postal Code Daytime Phone Number Fax Number Page 9 of 14

10 Representative Tests Order Form Only authorized EPP personnel may order Representative Tests. Use the checklist below to ensure your order is complete. NOTE: ETS Order Services has a no return, no refund policy. A completed and signed User Agreement A completed Order Form A copy of your tax-exempt certificate (if applicable) Payment (check, signed purchase order or credit card) Please check the box next to the Representative Test(s) you want to purchase. NOTE: The original representative tests that were offered by the previous testing vendor have not been revised. Representative Tests that have NOT been updated by ETS are noted with an asterisk (*). TExES Representative Forms Representative Test Title Date Item Price 178 Art (EC-12) (includes packet of 20 Book of Reproductions) 178 Art (EC-12) Book of Reproductions (packet of 20) $ $25 (includes shipping) 164 Bilingual Education Supplemental $ BTLPT (Audio equipment is needed to administer sections of this Representative Test.) $ Business Education (6-12) $ Chemistry (7-12) $ Core Subjects EC-6 (291) $ Core Subjects 4-8 (211) $ Educational Diagnostician $ English as a Second Language Supplemental $ English Language Arts and Reading (4-8) $675 Page 10 of 14

11 Representative Test Title Date Item Price 231 English Language Arts and Reading (7-12) $ English Language Arts and Reading/Social Studies (4-8)* $ Health (EC-12) $ History (7-12) $ Journalism (7-12) $ Life Science (7-12) $ LOTE Spanish (Audio equipment is needed to administer sections of this Representative Test.) $ Mathematics (4-8) $ Mathematics (7-12) $ Mathematics/Science (4-8) $ Music (EC-12) $ Pedagogy and Professional Responsibilities (EC-12) $ Physical Education (EC-12) $ Physical Science (6-12) $ Principal $ School Librarian $ School Counselor $ Science (4-8) $ Science (7-12) $ Social Studies (4-8) $ Social Studies (7-12) $ Special Education (EC-12) $675 Page 11 of 14

12 Representative Test Title Date Item Price 195 Superintendent $ Technology Applications (EC-12) $ Technology Applications (EC-12) $ Theatre (EC-12) $675 TExMaT Representative Forms Representative Test Title Date Item Price 085 Master Reading Teacher* $ Master Mathematics Teacher (EC-4)* $ Master Mathematics Teacher (4-8)* $ Master Mathematics Teacher (8-12)* $ Master Science Teacher (EC-4)* $ Master Science Teacher (4-8)* $ Master Science Teacher (8-12)* $ Master Technology Teacher (EC-12)* $675 Page 12 of 14

13 Total Number of Tests Ordered x $ = $ Total Number of 178 Art (EC-12) Book of Reproduction Packets Ordered x $25.00 = Attach tax-exempt certificate or add applicable Texas 7.25% sales tax ($48.94 per test/$1.81 per packet of Book of Reproductions) Total Number of Tests Ordered x $48.94 = $ Ship by GROUND Total Number of Tests Ordered x $3.75 = $ $ OR Ship by 2nd DAY Total Number of Tests Ordered x $4.80 = $ OR Ship by OVERNIGHT Total Number of Tests Ordered x $9.95 = Total Amount Enclosed $ NOTE: The shipping fee is included in the $25 cost of the packets of 178 Art (EC 12) Books of Reproductions. $ Page 13 of 14

14 Name of Official (Print Name) Title Department Institution/Name of Educator Preparation Program Street Address City State ZIP/Postal Code Daytime Phone Number Fax Number Credit Card Orders (American Express, Discover, MasterCard, VISA) Credit Card Number Expiration Date CV Code Name of Cardholder (please print) Cardholder Phone Number Cardholder Address Signature Page 14 of 14