(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.
Figure: 19 TAC §101.4002(b) (No change.)
(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 proposal and found it to be within the state agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 2, 2022
TRD-202201704 Cristina De La
Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: June 12, 2022
For further information, please call: (512) 475-1497
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