The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 4, Subchapter C, §4.54, concerning Exemptions, Exceptions and Waivers. Specifically, this amendment will codify the updated college readiness benchmarks for the ACT assessment administered on or after February 15, 2023. These benchmarks are used by entering undergraduates to qualify for an exemption under the requirements of the Texas Success Initiative (TSI) provided in Texas Education Code (TEC), Section F-1, 51.331 (et seq.).

In order to provide the most current standards for students to qualify for an exemption under the requirements of the TSI, the Coordinating Board periodically updates the benchmarks students use to qualify for a TSI exemption. This proposed amendment outlines updated benchmarks for the ACT, one of the assessments undergraduate students use to demonstrate readiness to enroll in entry-level college courses without support or with concurrent support, as required under TSI. Specifically, §4.54(a)(1)(A)(ii) adds the revised college readiness benchmarks effective on or after February 15, 2023. In alignment with assessment benchmarks outlined in §4.54(a)(1)(B), (C), and (D), these benchmarks are based on the assessment vendor's analysis of current student data and the likelihood of earning an A, B, or C in an entry-level college course in the subject areas of mathematics and English/reading. Section 4.54(a)(1)(A)(iii) adds information regarding the use of assessment score results based on clauses (i) and (ii), allowable since the assessment was not revised. Authority to adopt rules is provided in TEC Section 51.344.

The Coordinating Board determined that the revised benchmarks are necessary to reflect the most current student data available in determining college readiness in meeting the requirements of the TSI.

Jennielle Strother, Assistant Commissioner for Student Success, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Jennielle Strother has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the provision of additional options for non-exempt students to meet the college readiness benchmarks for the Texas Success Initiative. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposal may be submitted to Suzanne Morales-Vale, Senior Director, P.O. Box 12788, Austin, Texas 78711-2788, or via email at suzanne.morales-vale@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendment is proposed under Texas Education Code, Section 51.344, which provides the Coordinating Board with the authority to adopt rules as necessary to implement this subchapter.

The proposed amendment affects allowable exemptions under the Texas Success Initiative.