The Texas Education Agency (TEA) proposes an amendment to §101.4002, concerning substitute assessments for graduation. The proposed amendment would clarify and update the language and satisfactory scores used for substitute assessments to satisfy the state's end-of-course (EOC) graduation requirements.

Section 101.4002, State of Texas Assessments of Academic Readiness End-of-Course Substitute Assessments, specifies the assessments the commissioner of education recommends as substitute assessments that a student may use in place of a corresponding EOC assessment and establishes the cut scores needed for a student to use a substitute assessment for graduation purposes. The proposed amendment would clarify and update the language and satisfactory scores in this section as follows.

The proposed amendment would clarify the language in subsection (b) to allow a student to use qualifying scores on separate sections of a substitute assessment in place of specific EOC assessments. For example, a student can use a qualifying score on SAT mathematics as a substitute for Algebra I, and a qualifying score on SAT evidence-based reading and writing can be used as a substitute for English I.

The proposed amendment would also amend the figure in subsection (b) by adding and adjusting passing scores for the Texas Success Initiative (TSI) assessment to align with performance standards adopted in 19 TAC §4.57(a), College Ready Standards. All other approved substitute assessments and their corresponding cut scores would be unchanged. The footnotes in the figure would be modified to specify that satisfactory scores must be achieved on substitute assessments and clarify which EOC requirements the TSI English language arts assessment may fulfill.

The proposed amendment would clarify the language in subsection (c) to allow a student at any grade level to use a substitute assessment when he or she is enrolled in the corresponding course.

The proposed amendment would clarify the language in subsection (d) to allow a student to use the TSI assessment as a substitute assessment if he or she meets the requirements under paragraph (1) or (2) of the subsection. It would also explain that the requirements under paragraph (1)(A) indicate that a student must meet the qualifying scores on all three sections of the TSI English language arts assessment. Additionally, the proposed language in paragraph (2) would clarify that a student would have to have taken an EOC assessment and failed two times before he or she could qualify to use the TSI assessment as a substitute under the paragraph. Finally, paragraph (2)(B) would be amended to implement the requirements of Senate Bill 463, 85th Texas Legislature, Regular Session, 2017, by extending the expiration date for paragraph (2) from 2017 to 2019.

The proposed amendment would add language in subsection (e) to prohibit a district from discounting a student's responses to an EOC assessment in lieu of a substitute assessment.

The proposed amendment would clarify the language in subsection (f) to allow a student to use qualifying scores on pre-SAT or pre-ACT tests if he or she has taken a corresponding pre-SAT or pre-ACT test and a corresponding EOC assessment and failed both.

The proposed amendment would have no procedural and reporting implications beyond those that apply to all Texas students with respect to implementation of the State of Texas Assessments of Academic Readiness (STAAR®) program.

The proposed amendment would have no new locally maintained paperwork requirements.

FISCAL NOTE. Penny Schwinn, chief deputy commissioner for academics, has determined that for the first five-year period the amendment is in effect, there will be no fiscal implications for state and local government as a result of enforcing or administering the amendment.

There is no effect on local economy for the first five years that the proposed amendment is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed amendment does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.

GOVERNMENT GROWTH IMPACT. TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT/COST NOTE. Ms. Schwinn has determined that for each year of the first five years the proposed amendment is in effect, the public benefit anticipated as a result of enforcing the proposed amendment would be continuing to allow students the opportunity to substitute appropriate tests for a STAAR® EOC assessment for graduation purposes. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. There is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins October 19, 2018, and ends November 19, 2018. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/Commissioner_Rules_(TAC)/Proposed_Commissioner_of_Education_Rules/. Comments on the proposal may also be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on October 19, 2018.

STATUTORY AUTHORITY. The amendment is proposed under Texas Education Code (TEC), §39.025, which establishes the secondary-level performance required to receive a Texas high school diploma; TEC, §39.025(a), which requires the commissioner of education to adopt rules requiring students to achieve satisfactory performance on each EOC assessment listed under TEC, §39.023(c), in order to receive a Texas high school diploma; and TEC, §39.025(a-2), which requires the commissioner to determine a method by which a student's score on certain national assessments may be used to satisfy the EOC assessment graduation requirements.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §39.025.