The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 4, Subchapter C, §4.54, concerning TSI Exemptions, Exceptions, and Waivers. Specifically, this amendment will enable students who have met the standards on the state-approved high school equivalency tests to be exempt from the Texas Success Initiative and have immediate access to college-level courses without additional demonstration of college readiness.

House Bill (HB) 1891 (86R) amended Section 51.338, Education Code by adding new subsection (h) to allow a student who has achieved a score set by the board on a high school equivalency examination administered under Texas Education Code § 7.111 to be exempt from the requirements of the Texas Success Initiative (TEC, Chapter 51, Subchapter F-1). Section 51.338(h) directs the commissioner of higher education by rule to establish the period for which an exemption under this subsection is valid. The proposed amendment to Rule §4.54 sets the scores required by Education Code Section 51.338(h) and aligns the exemption's period of validity with other assessments used for this purpose, including the SAT and ACT, which is five (5) years from date of testing.

The proposed amendment includes the college readiness scores for both the GED and HiSET, the two assessment instruments approved by the State Board of Education to be used under Education Code Section 7.111. Researchers from GED and HiSET established the proposed scores through college readiness standard setting processes using psychometric and other industry-based protocols, as described in their respective technical manuals:

1. GED: https://ged.com/wp-content/uploads/GED_Technical_Manual.pdf

2. HiSET: https://hiset.ets.org/s/pdf/hiset_technical_manual.pdf

THECB staff reviewed these processes and determined they align sufficiently with readiness expectations for meeting the purpose of a TSI exemption. THECB will conduct a follow-up study to review the scores once a large enough sample size is established but no later than summer 2022. Revisions, if any, to these standards will be proposed upon completion of the study and based on its findings.

Jerel Booker, J.D., Assistant Commissioner for College Readiness and Success, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There is no estimated loss or increase in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Jerel Booker, Assistant Commissioner for College Readiness and Success, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be that students who have met the standards on the state-approved high school equivalency tests will be exempt from the TSI and have immediate access to college-level courses without additional demonstration of college readiness. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposal may be submitted to Jerel Booker, Assistant Commissioner for College Readiness and Success, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, TX 78711 or via email at CRI@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendment is proposed under Texas Education Code, Section 51.344, which provides the Coordinating Board with the authority to adopt rules to implement subchapter F.-1: Texas Success Initiative.

The proposed amendment affects Texas Education Code, Chapter 51, Subchapter F-1; Texas Education Code §7.111; and Texas Administrative Code, Title 19, Part 1, Chapter 4, Subchapter C, §4.59 Determination of Readiness to Perform Entry-Level Freshman Coursework.