TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 61. SCHOOL DISTRICTS

SUBCHAPTER JJ. COMMISSIONER'S RULES CONCERNING AUTOMATIC COLLEGE ADMISSION

19 TAC §61.1201

The Texas Education Agency proposes an amendment to §61.1201, concerning notification of automatic college admission. The proposed amendment would update the rule to align with requirements of House Bill (HB) 5, 83rd Texas Legislature, 2013.

Texas Education Code (TEC), §28.026, requires each high school in a school district to post appropriate signs in each counselor's office, in each principal's office, and in each administrative building indicating the substance of TEC, §51.803, regarding automatic college admission. Senate Bill 175, 81st Texas Legislature, 2009, amended the TEC, §28.026, requiring the commissioner to adopt procedures to ensure that school districts provide high school students and the students' parents or guardians with written notification of the substance of the TEC, §51.803, relating to automatic college admission. TEC, §28.026, also requires the commissioner to adopt forms for districts to use in providing notice to students and parents.

Section 61.1201 was adopted effective May 9, 2010, to establish in rule procedures for consistent implementation of the statutorily required written notification. It also adopted in rule the appropriate form for use by school districts.

HB 5, 83rd Texas Legislature, 2013, amended TEC, §28.026, to explicitly require open-enrollment charter schools, in addition to school districts, to provide notification relating to automatic college admission to students and the students' parents or guardians. The legislation also required that notification of curriculum requirements for automatic college admission and financial aid be provided. The notification form must be signed by the student's counselor in addition to being signed by the student's parent or guardian.

To align with statute, proposed amendment to §61.1201(a) would add open-enrollment charter schools to the requirement to provide students and the students' parents or guardians with certain notifications. The proposed amendment would also add language to specify that, in addition to notification of the substance of the TEC, §51.803, relating to automatic college admission, school districts and open-enrollment charter schools must provide notification of the curriculum requirements for financial aid under TEC, Title 3, and the benefits of completing the requirements for automatic admission and financial aid. The proposal would add new Figure: 19 TAC §61.1201(a)(1), the required form to provide notice to all students of the substance of TEC §51.803, at the time the student first registers for one or more classes required for high school graduation. Additionally, the proposal would require the form to be signed by the student, the student's parent or guardian, and the school counselor.

Also in alignment with statute, proposed amendment to §61.1201(b) would add open-enrollment charter schools to the requirement to provide written notification of eligibility for automatic college admission to each senior student eligible for automatic admission, each student enrolled in the junior year of high school who has a grade point average in the top ten percent of the student's high school class, and the student's parent or guardian. The proposed amendment would also update Figure: 19 TAC §61.1201(b)(1) to add the Foundation High School Program to the explanation of notification of eligibility form.

Finally, the title of §61.1201 would be amended to reflect that the required notifications include both notification of automatic college admission and notification of curriculum requirements for financial aid.

The proposed amendment would have no procedural or reporting implications.

School districts and open-enrollment charter schools will be required to obtain written acknowledgement of receipt of the notification forms for automatic college admission and curriculum requirements for financial aid.

FISCAL NOTE. Monica Martinez, associate commissioner for standards and support services, has determined that for the first five-year period the amendment is in effect, there will be no fiscal implications for state or 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 and, therefore, is not subject to Texas Government Code, §2001.0045.

PUBLIC BENEFIT/COST NOTE. Ms. Martinez has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amendment will be ensuring school districts and open-enrollment charter schools consistently notify students of the substance of the automatic college admission policy and curriculum requirements for financial aid. 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 September 15, 2017, and ends October 16, 2017. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. Comments may also be submitted electronically to rules@tea.texas.gov. 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 September 15, 2017.

STATUTORY AUTHORITY. The amendment is proposed under the Texas Education Code (TEC), §28.026, which requires school districts and open-enrollment charter schools to provide each district or school student, at the time the student first registers for one or more classes required for high school graduation, with a written notification, including a detailed explanation in plain language, of the substance of TEC, §51.803, concerning automatic admissions; the curriculum requirements for financial aid authorized under TEC, Title 3; and the benefits of completing the requirements for that automatic admission and financial aid. The commissioner is required to adopt forms to use in providing notice of eligibility for automatic admission to eligible junior and senior high school students.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code, §28.026.

§61.1201.Notification of Automatic College Admission and Curriculum Requirements for Financial Aid.

(a) In accordance with the Texas Education Code (TEC), §28.026, a school district or open-enrollment charter school shall provide each student, at the time the student first registers for one or more classes required for high school graduation, with a written notification of the substance of the TEC, §51.803, concerning automatic college admission, the curriculum requirements for financial aid under TEC, Title 3, and the benefits of completing the requirements for automatic admission and financial aid.

(1) The notification form to be used by school districts and open-enrollment charter schools, entitled "Explanation of Automatic College Admission and Curriculum Requirements for Financial Aid for High School Students," is provided in this paragraph.

Figure: 19 TAC §61.1201(a)(1) (.pdf)

(2) A school district or open-enrollment charter school shall obtain written acknowledgement of receipt of the notification from each eligible student and the student's parent or guardian.

(3) The notification form under subsection (a)(1) of this section must be signed by the student's school counselor in addition to being signed by the student and the student's parent or guardian.

(b) Not later than the 14th day after the last day of classes for the fall semester or an equivalent date in the case of a school operated on a year-round system, a school district or open-enrollment charter school shall provide each [eligible] senior student eligible under the TEC, §51.803, [and ] each student enrolled in the junior year of high school who has a grade point average in the top ten percent of the student's high school class, and the student's parent or guardian[,] with a written notification of the student's eligibility for automatic college admission. The written notification shall provide a detailed explanation in plain language of the substance of the TEC, §51.803, using the form developed by the Texas Education Agency.

(1) The notification form to be used by school districts and open-enrollment charter schools, entitled "Notification of Eligibility for Automatic College Admission," is provided in this paragraph. [entitled "Notification of Eligibility for Automatic College Admission."]

Figure: 19 TAC §61.1201(b)(1) (.pdf)

[Figure: 19 TAC §61.1201(b)(1)]

(2) A school district shall obtain written acknowledgement of receipt of the notification from each eligible student and the student's parent or guardian.

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 September 1, 2017.

TRD-201703481

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: October 15, 2017

For further information, please call: (512) 475-1497


CHAPTER 74. CURRICULUM REQUIREMENTS

SUBCHAPTER AA. COMMISSIONER'S RULES ON COLLEGE AND CAREER READINESS

19 TAC §74.1003

The Texas Education Agency proposes new §74.1003, concerning industry-based certifications for public school accountability. The proposed new section would implement the requirements of the Texas Education Code (TEC), §39.053, as amended by House Bill (HB) 22, 85th Texas Legislature, Regular Session, 2017.

HB 22, 85th Texas Legislature, Regular Session, 2017, amended the TEC, §39.053, to adopt a set of indicators to measure and evaluate school districts and campuses with respect to ensuring students attain the appropriate skills and learning to be prepared for success in subsequent grade levels and in entering the workforce, the military, or postsecondary education. For evaluating the performance of high school campuses and districts that include high school campuses, statute incorporates recognition of students who earn industry certifications under the student achievement domain of the academic accountability system and authorizes the commissioner to adopt rules to implement the academic accountability system.

Statute lacks a workable definition of what constitutes an industry certification. TEC, §28.025, authorizes performance acknowledgements on students' diplomas for those who earn industry certifications. In 19 TAC §74.14(e)(2)-(3), the State Board of Education has recognized certain attributes that qualify various attestations of achievement as recognized industry certifications. This ensures that the achievement represents the acquisition of foundational skills and learning to ensure meaningful educational attainment. This also fulfills the public education goal of preparing students for success in postsecondary endeavors, whether they are succeeding directly in the workplace or pursuing higher educational opportunities.

Similarly, the list of industry certifications in proposed new 19 TAC §74.1003 would recognize in the academic accountability system public schools that establish structures where students acquire the skills and learning needed for success in business and industry. In determining the list adopted as Figure: 19 TAC §74.1003, the commissioner considered the following factors:

1. State-, nationally-, or internationally-recognized: Recognition through a national or international business, an industry, a professional organization, a state agency, a government entity, or a state-based industry association.

2. End of Program: Represents a culmination of knowledge and skills achieved through completion of a program of study in a high school career and technical education program.

3. Stackable: Attainable by high school students and transfers seamlessly to postsecondary work through acceptance for credit or hours at an institution of higher education or to additional industry certifications and opportunities through acceptance by industry as a validated credential for workplace entry and advancement.

4. Valuable for Industry: Demonstrates the skills and abilities necessary to secure entry into high-skill occupations as demonstrated through attributes such as high-wage jobs with growth potential.

The proposed new section would have no procedural and reporting implications. The proposed new section would have no locally maintained paperwork requirements.

FISCAL NOTE. Lily Laux, executive director for school programs, has determined that for the first five-year period the new section is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the new section. There is no effect on local economy for the first five years that the proposed new section is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed new section does not impose a cost on regulated persons and, therefore, is not subject to Texas Government Code, §2001.0045.

PUBLIC BENEFIT/COST NOTE. Ms. Laux has determined that for each year of the first five years the new section is in effect the public benefit anticipated as a result of enforcing the new section will be implementing statute and providing clarity regarding the recognition of industry certifications for academic accountability purposes. There is no anticipated economic cost to persons who are required to comply with the proposed new section.

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 September 15, 2017, and ends October 16, 2017. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. Comments may also be submitted electronically to rules@tea.texas.gov. 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 September 15, 2017.

STATUTORY AUTHORITY. The new section is proposed under the Texas Education Code (TEC), §39.001, as added by House Bill (HB) 22, 85th Texas Legislature, Regular Session, 2017, which authorizes the commissioner to adopt rules to implement the state academic accountability system; and TEC, §39.053, as amended by HB 22, 85th Texas Legislature, Regular Session, 2017, which authorizes the inclusion of industry certifications in the accountability system to recognize the performance of high school campuses and districts that include high school campuses for establishing educational programs where students earn industry certifications.

CROSS REFERENCE TO STATUTE. The new section implements the Texas Education Code, §39.001, as added by House Bill (HB) 22, 85th Texas Legislature, Regular Session, 2017; and §39.053, as amended by HB 22, 85th Texas Legislature, Regular Session, 2017.

§74.1003.Industry-Based Certifications for Public School Accountability.

The list of certifications provided in this paragraph will be recognized for the purpose of accounting for students who earn industry certifications in the public school accountability system for the 2017-2018 school year.

Figure: 19 TAC §74.1003 (.pdf)

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 September 1, 2017.

TRD-201703480

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: October 15, 2017

For further information, please call: (512) 475-1497


CHAPTER 97. PLANNING AND ACCOUNTABILITY

SUBCHAPTER EE. ACCREDITATION STATUS, STANDARDS, AND SANCTIONS

19 TAC §97.1077

The Texas Education Agency proposes new §97.1077, concerning school year under contract operating district campus. The proposed new section would clarify the provisions of Senate Bill (SB) 1882, 85th Texas Legislature, Regular Session, 2017, by specifying that a school district partnership must operate the entire school year of the campus in order to be eligible for an exemption from applicable sanctions for the first two school years of a school district partnership for the campus.

The 85th Texas Legislature, Regular Session, 2017, implemented SB 1882, which authorizes school districts to enter into partnerships for certain entities to operate school district campuses. The legislation contemplates that the campus is operated under independent management of certain third party entities to provide the students of the campus with the benefit of alternative management and educational practices from the district's normal operation. The legislation requires continued evaluation of campus performance, but when a partnership takes over operation of a poor-performing campus, the legislation provides an exemption from certain interventions for the first two school years of operation under the partnership. This allowance ensures new educational methods have a chance to improve student performance. Subsequent operation or extension of the contracts only receive the exemption from certain interventions if approved by the commissioner. This ensures that districts are utilizing the partnerships to improve student learning, not as an avenue to avoid accountability measures.

Proposed new §97.1077 would specify that to receive the exemption from certain interventions, the partnership must operate for the entire school year of the campus. The proposed new rule would require the school year to include, at a minimum, all the operational and instructional time performed at the campus to comply with statutory requirements for operating during a school year and receiving funding for a school year, as well as all the days the campus instructional workforce that provided services to the campus was employed. These provisions would fulfill the legislative purpose of ensuring students have access to alternative educational practices to improve student performance in order to remove the necessity of accountability interventions. The provisions would further prevent the use of the exemption to avoid accountability rather than improving student performance.

The exemption provided in statute applies for the first two full school years that a partnership takes over operation of an unacceptable campus. To avoid limiting the flexibility of districts and partners beginning operation of a campus, but to fulfill the purpose of the legislation of improving student performance, the proposed new rule would ensure that performance at a campus operated by a partnership for less than a full school year, while not qualifying for the exemption, could serve to meet the threshold necessary to receive the exemption from certain interventions or actions in the subsequent two school years.

Although the authorizing legislation, SB 1882, makes references to provisions contained in the Texas Education Code (TEC), Chapter 39, Subchapter E, SB 1488, 85th Texas Legislature, Regular Session, 2017, recodified the TEC, Chapter 39, Subchapter E, into Chapter 39A. Accordingly, the proposed rule text would incorporate appropriate references to the TEC, Chapter 39A, as necessary.

The proposed new section would require school districts, if requested by the commissioner, to submit additional information necessary to determine the school year that applies to a campus. This would only be done if campus average daily attendance (ADA) calendars were insufficient to determine whether the campus was operated for a school year. No standard form is required; the information requested would be provided via email.

The proposed new rule has no locally maintained paperwork requirements.

FISCAL NOTE. A.J. Crabill, deputy commissioner for governance, has determined that for the first five-year period the new section is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the new section. There is no effect on local economy for the first five years that the proposed new section is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed new section does not impose a cost on regulated persons and, therefore, is not subject to Texas Government Code, §2001.0045.

PUBLIC BENEFIT/COST NOTE. Mr. Crabill has determined that for each year of the first five years the proposed new section is in effect the public benefit anticipated as a result of enforcing the proposed new section will be providing clarity regarding when an exemption to intervention will apply when certain entities operate a school district campus. There is no anticipated economic cost to persons who are required to comply with the proposed new section.

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 September 15, 2017, and ends October 16, 2017. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. Comments may also be submitted electronically to rules@tea.texas.gov. 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 September 15, 2017.

STATUTORY AUTHORITY. The new section is proposed under the Texas Education Code (TEC), §11.174(a), as added by Senate Bill 1882, 85th Texas Legislature, Regular Session, 2017, which authorizes a school district to enter into a partnership to operate a school district campus under certain conditions; TEC, §11.174(e), which requires the commissioner to continue to evaluate campus performance and assign overall and domain ratings for a campus operated under a partnership; TEC, §11.174(f), which prohibits the imposition of certain interventions and sanctions based on accountability performance for the first two school years for which a school district partnership operates on the campus if the campus was unacceptable the school year prior to the partnership beginning; TEC, §11.174(g), which extends the intervention exemption to a subsequent or renewed partnership only upon approval from the commissioner; and TEC, §11.174(m), which authorizes the commissioner to adopt rules to implement the TEC, §11.174.

CROSS REFERENCE TO STATUTE. The new section implements the Texas Education Code, §11.174, as added by Senate Bill 1882, 85th Texas Legislature, Regular Session, 2017.

§97.1077.School Year Under Contract Operating District Campus.

(a) A campus is eligible under Texas Education Code (TEC), §11.174(f) or (g), for an exemption from applicable sanctions or actions under TEC, §39A.101(a) and §39A.111, if:

(1) the campus and the partnership to operate the campus meet all applicable requirements; and

(2) the campus was operated under the partnership from the first to the last day of the school year of the campus.

(b) A school year under subsection (a)(2) of this section must include, at a minimum:

(1) all minutes of operation and instructional time conducted on the campus for purposes of TEC, §25.081 and §42.005; and

(2) all the days for which the instructional workforce of the campus that provides educational services for students under paragraph(1) of this subsection was employed.

(c) While the performance of a campus operated under a partnership for less than a school year as described by subsections (a)(2) and (b) of this section may not qualify for an exemption from applicable sanctions or actions under TEC, §11.174(f), it may be used to meet the threshold necessary to receive the exemption for the following two school years of operation under a partnership.

(d) Upon request of the commissioner of education, a school district shall provide information to substantiate a school year for the campus.

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 September 1, 2017.

TRD-201703496

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: October 15, 2017

For further information, please call: (512) 475-1497


CHAPTER 101. ASSESSMENT

SUBCHAPTER CC. COMMISSIONER'S RULES CONCERNING IMPLEMENTATION OF THE ACADEMIC CONTENT AREAS TESTING PROGRAM

DIVISION 2. PARTICIPATION AND ASSESSMENT REQUIREMENT FOR GRADUATION

19 TAC §101.3022

The Texas Education Agency proposes an amendment to §101.3022, concerning assessment requirements for graduation. The proposed amendment would modify the rule to reflect changes in statute made by Senate Bill (SB) 463, 85th Texas Legislature, Regular Session, 2017, and remove dates that have passed.

Section 101.3022 requires students to achieve satisfactory performance on the end-of-course (EOC) assessments listed in the Texas Education Code (TEC), §39.023(c), to be eligible to receive a high school diploma. The rule also specifies an exception, as authorized by the TEC, §28.0258, that allows a student who has failed to achieve the EOC assessment graduation requirements for no more than two courses to receive a Texas high school diploma if the student has qualified to graduate by means of an individual graduation committee. The rule currently states that the individual graduation committee provision applies only to students in the 11th or 12th grade in the 2014-2015, 2015-2016, or 2016-2017 school years and that the provision expires on September 1, 2017.

SB 463, 85th Texas Legislature, Regular Session, 2017, amended the TEC, §28.0258, to extend the expiration date of the provision that allows eligible students to qualify to graduate by means of an individual graduation committee to September 1, 2019.

To implement SB 463, the proposed amendment would modify the rule by extending the expiration date to September 1, 2019. In addition, the proposed amendment would remove the outdated language that limited the individual graduation committee provision to students in the 11th or 12th grade in the 2014-2015, 2015-2016, or 2016-2017 school years.

Technical edits would also be made.

The proposed amendment has no procedural and reporting implications beyond those that apply to all Texas students with respect to implementation of the state assessment program. The proposed amendment has no locally maintained paperwork requirements.

FISCAL NOTE. Penny Schwinn, 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 or 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 and, therefore, is not subject to Texas Government Code, §2001.0045.

PUBLIC BENEFIT/COST NOTE. Ms. Schwinn has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amendment will be ensuring that the expiration dates of the provisions that allow an eligible student to be awarded a high school diploma on the basis of review by an individual graduation committee are consistent with current law. 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 September 15, 2017, and ends October 16, 2017. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. Comments may also be submitted electronically to rules@tea.texas.gov. 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 September 15, 2017.

STATUTORY AUTHORITY. The amendment is proposed under the Texas Education Code (TEC), §28.0258, as amended by Senate Bill (SB) 463, 85th Texas Legislature, Regular Session, 2017, which establishes an individual graduation committee to determine if a student who has failed to comply with the end-of-course (EOC) assessment instrument performance requirements in the TEC, §39.025, for not more than two courses is qualified to graduate. Subsection (k) requires the commissioner to adopt rules to implement the section. The section expires September 1, 2019; and the TEC, §39.025(a-2), as amended by SB 463, 85th Texas Legislature, Regular Session, 2017, which allows a student who has failed to perform satisfactorily on EOC assessment instruments to receive a high school diploma if the student qualifies for graduation under the TEC, §28.0258. The subsection expires September 1, 2019.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code, §28.0258 and §39.025, as amended by Senate Bill 463, 85th Texas Legislature, Regular Session, 2017.

§101.3022.Assessment Requirements for Graduation.

(a) Beginning with students first enrolled in Grade 9 in the 2011-2012 school year, a student must meet satisfactory performance on each end-of-course (EOC) assessment listed in the Texas Education Code (TEC), §39.023(c), except in cases as provided by subsections (b), (e), and (f) of this section and §101.3021(e) of this title (relating to Required Participation in Academic Content Area Assessments), in order to be eligible to receive a Texas diploma. The standard in place when a student first takes an EOC assessment is the standard that will be maintained throughout the student's school career.

(b) A student who was administered separate reading and writing EOC assessments under the TEC, §39.023(c), for the English I or English II course has met that course's assessment graduation requirement if the student has met the following criteria:

(1) achieved satisfactory performance on either the reading or writing EOC assessment for that course;

(2) met at least the minimum score on the other EOC assessment for that course; and

(3) achieved an overall scale score of 3750 or greater when the scale scores for reading and writing are combined for that course.

(c) Exceptions to subsection (a) of this section related to English I shall apply to English language learners who meet the criteria specified in §101.1007 of this title (relating to Assessment Provisions for Graduation).

(d) If a student failed a course but achieved satisfactory performance on the applicable EOC assessment, that student is not required to retake the assessment if the student is required to retake the course.

(e) Effective beginning with the 2014-2015 school year, a student who has taken[,] but failed to achieve the EOC assessment graduation requirements for no more than two courses may receive a Texas high school diploma if the student has qualified to graduate by means of an individual graduation committee [(IGC)] under the TEC, §28.0258.

(1) A student may not graduate under an individual graduation committee [IGC] if the student did not take each EOC assessment required by this subchapter or an approved substitute assessment in Subchapter DD of this chapter (relating to Commissioner's Rules Concerning Substitute Assessments for Graduation) for each course in which the student was enrolled in a Texas public school for which there is an EOC assessment. A school district or charter school shall determine whether the student took each required EOC assessment or an approved substitute assessment required by Subchapter DD of this chapter. For purposes of this section only, a student who does not make an attempt to take all required EOC assessments may not qualify to graduate by means of an individual graduation committee [IGC].

(2) A student who is an English language learner (ELL) and qualifies for the English I special provision in §101.1007 of this title may graduate without an individual graduation committee [IGC] if the student achieves satisfactory performance on the remaining EOC assessments that the student is required to take.

(A) The qualifying ELL becomes eligible for individual graduation committee [IGC] review by failing to achieve satisfactory performance on the English I EOC assessment and one other EOC assessment or by failing to achieve satisfactory performance on no more than two of the remaining EOC assessments if the student achieved satisfactory performance on the English I EOC assessment.

(B) If a qualifying ELL does graduate by means of an individual graduation committee [IGC], the student is required to complete individual graduation committee [IGC] requirements for each course in which the student did not achieve satisfactory performance on the EOC assessment for that course.

(3) Notwithstanding any action taken by a student's individual graduation committee [IGC], a school district or charter school must provide a student an opportunity to retake an EOC assessment under the TEC, §39.023(c), if the student has not previously achieved satisfactory performance on an assessment for that course. A student is not required to retake a course in order to be administered a retest of an EOC assessment.

[(4) This subsection only applies to a student classified by the school district or charter school as an 11th or 12th grade student in the 2014-2015, 2015-2016, or 2016-2017 school year.]

(4) [(5)] Provisions of this subsection expire September 1, 2019 [2017]. A student may graduate by means of an individual graduation committee [IGC] if the student has qualified for an individual graduation committee [IGC] under the TEC, §28.0258, and that individual graduation committee [IGC] convened prior to September 1, 2019 [2017].

(f) A student who is receiving special education services or has been dismissed from a special education program under the TEC, Chapter 29, Subchapter A, is subject to the provisions of this subsection.

(1) A student receiving special education services is not subject to the requirements in the TEC, §28.0258. As provided in §89.1070 of this title (relating to Graduation Requirements) and §101.3023 of this title (relating to Participation and Graduation Assessment Requirements for Students Receiving Special Education Services), a student's admission, review, and dismissal (ARD) committee determines whether a student is required to achieve satisfactory performance on an EOC assessment to graduate.

(2) A student dismissed from a special education program who achieved satisfactory performance on an alternate EOC assessment while enrolled in a special education program is not required to take and achieve satisfactory performance on the general EOC assessment to graduate. A student who took an EOC assessment while enrolled in a special education program is not required to retake and achieve satisfactory performance on the EOC assessment if the student's ARD committee determined that the student was not required to achieve satisfactory performance on the EOC assessment to graduate. A student dismissed from a special education program must achieve satisfactory performance on any remaining EOC assessments that the student is required to take. If the student fails to achieve satisfactory performance on no more than two of the remaining EOC assessments, the student is eligible for individual graduation committee [IGC] review under the TEC, §28.0258, and is subject to the provisions of subsection (e) 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 September 1, 2017.

TRD-201703482

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: October 15, 2017

For further information, please call: (512) 475-1497