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(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 the 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 the 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.
Attached Graphic
(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
assessment.
(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 the TEC, §39.025(a-1),
have been administered an appropriate TSIA or TSIA2 at the end of
that course.
(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 the 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.
(A)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.
(B)The provisions of this paragraph expire September
1, 2023. A student may meet the assessment graduation requirements
under this paragraph using TSIA or TSIA2 if the student has met the
necessary score requirements as specified in subsection (b) of this
section prior to September 1, 2023.
(e)A student electing to substitute an assessment
for graduation purposes must still take the corresponding EOC assessment
required under the 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 the 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.
The agency certifies that legal counsel
has reviewed the adoption and found it to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on March 10, 2021
TRD-202100946 Cristina De la Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: March 30, 2021
Proposal publication date: December 25, 2020
For further information, please call:
(512) 475-1497
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