|(a) For purposes of this subchapter, "equivalent course"
is defined as a course having sufficient content overlap with the
essential knowledge and skills of a similar course in the same content
area listed under §74.1(b)(1)-(4) of this title (relating to
Essential Knowledge and Skills).
(b) Effective beginning with the 2011-2012 school year,
in accordance with Texas Education Code (TEC), §39.025(a-1),
(a-2), and (a-3), the commissioner of education adopts certain assessments
as provided in the chart in this subsection as substitute assessments
that a student may use in place of a corresponding end-of-course (EOC)
assessment under TEC, §39.023(c), to meet the student's assessment
graduation requirements. A satisfactory score on an approved substitute
assessment may be used in place of only one specific EOC assessment,
except in those cases described by subsection (d)(1) of this section.
(c) A student at any grade level is eligible to use
a substitute assessment as provided in the chart in subsection (b)
of this section if:
(1) a student was administered an approved substitute
assessment for an equivalent course in which the student was enrolled;
(2) a student received a satisfactory score on the
substitute assessment as determined by the commissioner and provided
in the chart in subsection (b) of this section; and
(3) a student using a Texas Success Initiative Assessment
(TSIA) or a Texas Success Initiative Assessment, Version 2.0 (TSIA2)
also meets the requirements of subsection (d) of this section.
(d) Effective beginning with the 2014-2015 school year,
a student must meet criteria established in paragraph (1) or (2) of
this subsection in order to qualify to use TSIA or TSIA2 as a substitute
(1) A student must have been enrolled in a college
preparatory course for English language arts (PEIMS code CP110100)
or mathematics (PEIMS code CP111200) and, in accordance with TEC, §39.025(a-1),
have been administered an appropriate TSIA or TSIA2 at the end of
(A) A student under this paragraph who meets all three
TSIA or both TSIA2 English language arts score requirements provided
in the figure in subsection (b) of this section satisfies both the
English I and English II EOC assessment graduation requirements.
(B) A student under this paragraph may satisfy an assessment
graduation requirement in such a manner regardless of previous performance
on an Algebra I, English I, or English II EOC assessment.
(2) In accordance with TEC, §39.025(a-3), a student
who has not been successful on the Algebra I or English II EOC assessment
after taking the assessment at least two times may use the corresponding
TSIA or TSIA2 in place of that EOC assessment. For a student under
this paragraph who took separate reading and writing assessments for
the English II EOC assessment and who did not meet the English II
assessment graduation requirement using those tests as specified in §101.3022(b)
of this title (relating to Assessment Requirements for Graduation),
the separate reading or writing TSIA may not be used to substitute
for the corresponding English II reading or writing EOC assessment.
(e) A student electing to substitute an assessment
for graduation purposes must still take the corresponding EOC assessment
required under TEC, §39.023(c), at least once for federal accountability
purposes. If a student sits for an EOC assessment, a school district
may not void or invalidate the test in lieu of a substitute assessment.
(f) A student who fails to perform satisfactorily on
a PSAT, PLAN, or Aspire test (or any versions of these tests) as indicated
in the chart in subsection (b) of this section must take the appropriate
EOC assessment required under TEC, §39.023(c). However, a student
who does not receive a passing score on the EOC assessment and retakes
a PSAT, PLAN, or Aspire test (or any versions of these tests) is eligible
to meet the requirements specified in subsection (c) of this section.
|Source Note: The provisions of this §101.4002 adopted to be effective December 16, 2013, 38 TexReg 9024; amended to be effective December 10, 2015, 40 TexReg 8762; amended to be effective July 26, 2017, 42 TexReg 3638; amended to be effective January 8, 2019, 44 TexReg 94; amended to be effective February 23, 2020, 45 TexReg 1222; amended to be effective March 30, 2021, 46 TexReg 2008; amended to be effective August 9, 2022, 47 TexReg 4675