The Texas Education Agency (TEA) proposes amendments to §§101.3022, 101.3024, and 101.4002, concerning implementation of the academic content areas testing program. The proposed amendments would align the rules with House Bill (HB) 1603, 87th Texas Legislature, Regular Session, 2021, which eliminated expiration dates for students to graduate through an Individual Graduation Committee (IGC) under Texas Education Code (TEC), §28.0258; for former students to graduate through a district decision under TEC, §28.02541; and for students to use the Texas Success Initiative Assessment (TSIA) as a substitute assessment to meet assessment graduation requirements under TEC, §39.025.

BACKGROUND INFORMATION AND JUSTIFICATION: With changes to the TEC introduced by HB 1603, 87th Texas Legislature, Regular Session, 2021, TEA determined that conforming amendments to its assessment rules needed to be made.

Section 101.3022, Assessment Requirements for Graduation, outlines the specific assessment graduation requirements for different groups of students. The proposed amendment would align the rule with HB 1603 by removing subsection (e)(4), which states an expiration date for students to receive a high school diploma if the student has qualified to graduate by means of an IGC under TEC, §28.0258. In addition, the term "English language learner" would be updated to "emergent bilingual student" to align with Senate Bill 2066, 87th Texas Legislature, Regular Session, 2021.

Section 101.3024, Assessment Requirements for Students First Enrolled in Grade 9 Prior to 2011-2012 School Year or First Enrolled in Grade 10 or Above in 2011-2012 School Year, outlines the specific assessment graduation requirements for former students. The proposed amendment would remove subsection (b), as it is no longer appliable since the modified assessments referenced are no longer administered. In addition, the proposed amendment would align the rule with HB 1603 by removing subsection (g)(2), which states an expiration date for former students to receive a high school diploma based on a district decision in accordance with TEC, §28.02541.

Section 101.4002, State of Texas Assessments of Academic Readiness End-of-Course Substitute Assessments, identifies the provisions for using a substitute assessment to meet graduation requirements. The proposed amendment would align the rule with HB 1603 by removing subsection (d)(2)(B), which states an expiration date for the use of the TSIA as a substitute assessment for certain students.

Finally, technical edits related to statutory references would be made to ensure consistency across administrative rules.

FISCAL IMPACT: Lily Laux, associate commissioner for school programs, has determined that for the first five-year period the proposal is in effect, there are no additional costs to state or local government, including school districts and open-enrollment charter schools, required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: The proposal 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.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

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 expand existing regulations and increase the number of individuals subject to the rules' applicability by removing current expiration dates and allowing the regulations to continue indefinitely.

The proposed rulemaking 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 limit or repeal an existing regulation; would not decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: Ms. Laux has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be alignment of the rules with recent legislation and the ability for more individuals to be awarded a Texas high school diploma. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: The public comment period on the proposal begins May 13, 2022, and ends June 13, 2022. 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 May 13, 2022. 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/.

STATUTORY AUTHORITY. The amendment is proposed under Texas Education Code (TEC), §28.02541, as amended by House Bill (HB) 1603, 87th Texas Legislature, Regular Session, 2021, which allows certain students who entered ninth grade before the 2011-2012 school year to receive a high school diploma through a district decision. HB 1603 removed the expiration date for the provision; TEC, §28.0258, as amended by HB 1603, 87th Texas Legislature, Regular Session, 2021, which allows certain students to receive a high school diploma on the basis of an IGC. HB 1603 removed the expiration date for the provision; TEC, §39.023(c), which requires the agency to adopt end-of-course (EOC) assessment instruments for secondary-level courses in Algebra I, biology, English I, English II, and United States history; TEC, §39.025, as amended by HB 1603, 87th Texas Legislature, Regular Session, 2021, which establishes the secondary-level performance required to receive a Texas high school diploma. HB 1603 removed the expiration date for TEC, §39.025(a-3), which allows certain students to use the TSIA as a substitute assessment to meet assessment graduation requirements, and TEC, §39.025(a-5), which allows certain students to receive a high school diploma if the student qualified for graduation through an individual graduation committee; and the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act, §1111(b)(2)(B), which requires the same academic assessments used to measure the achievement of all public elementary and secondary school students in the state to be administered to all public elementary and secondary school students in the state.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code (TEC), §§28.02541, 28.0258, and 39.025, as amended by House Bill 1603, 87th Texas Legislature, Regular Session, 2021; TEC, §39.023; and the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act, §1111(b)(2)(B).