| (a) 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.
(b) A student who was administered separate reading
and writing EOC assessments under the TEC, §39.023(c), for the
English I or English II course has met that course's assessment graduation
requirement if the student has met the following criteria:
(1) achieved satisfactory performance on either the
reading or writing EOC assessment for that course;
(2) met at least the minimum score on the other EOC
assessment for that course; and
(3) achieved an overall scale score of 3750 or greater
when the scale scores for reading and writing are combined for that
course.
(c) Exceptions to subsection (a) of this section related
to English I shall apply to English language learners who meet the
criteria specified in §101.1007 of this title (relating to Assessment
Provisions for Graduation).
(d) If a student failed a course but achieved satisfactory
performance on the applicable EOC assessment, that student is not
required to retake the assessment if the student is required to retake
the course.
(e) Effective beginning with the 2014-2015 school year,
a student who has taken but failed to achieve the EOC assessment graduation
requirements for no more than two courses may receive a Texas high
school diploma if the student has qualified to graduate by means of
an individual graduation committee under the TEC, §28.0258.
(1) A student may not graduate under an individual
graduation committee if the student did not take each EOC assessment
required by this subchapter or an approved substitute assessment in
Subchapter DD of this chapter (relating to Commissioner's Rules Concerning
Substitute Assessments for Graduation) for each course in which the
student was enrolled in a Texas public school for which there is an
EOC assessment. A school district or charter school shall determine
whether the student took each required EOC assessment or an approved
substitute assessment required by Subchapter DD of this chapter. For
purposes of this section only, a student who does not make an attempt
to take all required EOC assessments may not qualify to graduate by
means of an individual graduation committee.
(2) A student who is an English language learner (ELL)
and qualifies for the English I special provision in §101.1007
of this title may graduate without an individual graduation committee
if the student achieves satisfactory performance on the remaining
EOC assessments that the student is required to take.
(A) The qualifying ELL becomes eligible for individual
graduation committee review by failing to achieve satisfactory performance
on the English I EOC assessment and one other EOC assessment or by
failing to achieve satisfactory performance on no more than two of
the remaining EOC assessments if the student achieved satisfactory
performance on the English I EOC assessment.
(B) If a qualifying ELL does graduate by means of an
individual graduation committee, the student is required to complete
individual graduation committee requirements for each course in which
the student did not achieve satisfactory performance on the EOC assessment
for that course.
(3) Notwithstanding any action taken by a student's
individual graduation committee, a school district or charter school
must provide a student an opportunity to retake an EOC assessment
under the TEC, §39.023(c), if the student has not previously
achieved satisfactory performance on an assessment for that course.
A student is not required to retake a course in order to be administered
a retest of an EOC assessment.
(4) Provisions of this subsection expire September
1, 2023. A student may graduate by means of an individual graduation
committee if the student has qualified for an individual graduation
committee under the TEC, §28.0258, and that individual graduation
committee convened prior to September 1, 2023.
(f) A student who is receiving special education services
or has been dismissed from a special education program under the TEC,
Chapter 29, Subchapter A, is subject to the provisions of this subsection.
(1) A student receiving special education services
is not subject to the requirements in the TEC, §28.0258. As provided
in §89.1070 of this title (relating to Graduation Requirements)
and §101.3023 of this title (relating to Participation and Graduation
Assessment Requirements for Students Receiving Special Education Services),
a student's admission, review, and dismissal (ARD) committee determines
whether a student is required to achieve satisfactory performance
on an EOC assessment to graduate.
(2) A student dismissed from a special education program
who achieved satisfactory performance on an alternate EOC assessment
while enrolled in a special education program is not required to take
and achieve satisfactory performance on the general EOC assessment
to graduate. A student who took an EOC assessment while enrolled in
a special education program is not required to retake and achieve
satisfactory performance on the EOC assessment if the student's ARD
committee determined that the student was not required to achieve
satisfactory performance on the EOC assessment to graduate. A student
dismissed from a special education program must achieve satisfactory
performance on any remaining EOC assessments that the student is required
to take. If the student fails to achieve satisfactory performance
on no more than two of the remaining EOC assessments, the student
is eligible for individual graduation committee review under the TEC, §28.0258,
and is subject to the provisions of subsection (e) of this section.
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| Source Note: The provisions of this §101.3022 adopted to be effective May 29, 2012, 37 TexReg 3827; amended to be effective July 3, 2013, 38 TexReg 4183; amended to be effective March 25, 2014, 39 TexReg 2077; amended to be effective September 6, 2015, 40 TexReg 5458; amended to be effective December 5, 2017, 42 TexReg 6794; amended to be effective October 15, 2019, 44 TexReg 5900 |
