The Texas Education Agency (TEA) adopts amendments to §§101.3022, 101.3024, and 101.4002, concerning implementation of the academic content areas testing program. The amendments are adopted without changes to the proposed text as published in the May 13, 2022 issue of the Texas Register (47 TexReg 2825) and will not be republished. The adopted amendments 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.

REASONED 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 adopted amendment aligns the rule with HB 1603 by removing subsection (e)(4), which stated the 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 has been 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 adopted amendment removes subsection (b), as it is no longer appliable since the modified assessments referenced are no longer administered. In addition, the adopted amendment aligns the rule with HB 1603 by removing subsection (g)(2), which stated the 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 adopted amendment aligns the rule with HB 1603 by removing subsection (d)(2)(B), which stated the expiration date for the use of the TSIA as a substitute assessment for certain students.

Finally, technical edits related to statutory references have been made to ensure consistency across administrative rules.

SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began May 13, 2022, and ended June 13, 2022. No public comments were received.

STATUTORY AUTHORITY. The amendment is adopted 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).