Texas Register, Volume 43, Number 42, Pages 6905-7010, October 19, 2018 Page: 6,927
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on SAT mathematics as a substitute for Algebra I, and a quali-
fying 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 sub-
section (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 Stan-
dards. All other approved substitute assessments and their cor-
responding 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 subsec-
tion (c) to allow a student at any grade level to use a substi-
tute assessment when he or she is enrolled in the corresponding
course.
The proposed amendment would clarify the language in subsec-
tion (d) to allow a student to use the TSI assessment as a sub-
stitute 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 subsec-
tion (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 report-
ing implications beyond those that apply to all Texas students
with respect to implementation of the State of Texas Assess-
ments of Academic Readiness (STAAR) program.
The proposed amendment would have no new locally main-
tained 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 adminis-
tering the amendment.
There is no effect on local economy for the first five years that
the proposed amendment is in effect; therefore, no local em-
ployment 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 dis-
trict, or a local government and, therefore, is not subject to Texas
Government Code, 2001.0045.
GOVERNMENT GROWTH IMPACT. TEA staff prepared a Gov-
ernment Growth Impact Statement assessment for this proposedrulemaking. 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 po-
sitions or elimination of existing employee positions; would not
require an increase or decrease in future legislative appropria-
tions 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 amend-
ment is in effect, the public benefit anticipated as a result of
enforcing the proposed amendment would be continuing to al-
low 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 com-
ply with the proposed amendment.
ECONOMIC IMPACT STATEMENT AND REGULATORY FLEX-
IBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSI-
NESSES, AND RURAL COMMUNITIES. There is no direct ad-
verse economic impact for small businesses, microbusinesses,
and rural communities; therefore, no regulatory flexibility anal-
ysis, specified in Texas Government Code, 2006.002, is re-
quired.
REQUEST FOR PUBLIC COMMENT. The public com-
ment 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/Com-
missioner_Rules_(TAC)/ProposedCommissioner_of_Ed-
ucation_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 commis-
sioner of education to adopt rules requiring students to achieve
satisfactory performance on each EOC assessment listed un-
der TEC, 39.023(c), in order to receive a Texas high school
diploma; and TEC, 39.025(a-2), which requires the commis-
sioner to determine a method by which a student's score on cer-
tain national assessments may be used to satisfy the EOC as-
sessment graduation requirements.
CROSS REFERENCE TO STATUTE. The amendment imple-
ments Texas Education Code, 39.025.
101.4002. State of Texas Assessments of Academic Readiness End-
of-Course Substitute Assessments.
(a) For purposes of this subchapter, "equivalent course" is de-
fined as a course having sufficient content overlap with the essential
knowledge and skills of a similar course in the same content area listed
under 74.1(b)(1)-(4) of this title (relating to Essential Knowledge and
Skills).PROPOSED RULES October 19, 2018 43 TexReg 6927
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Texas. Secretary of State. Texas Register, Volume 43, Number 42, Pages 6905-7010, October 19, 2018, periodical, October 19, 2018; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1092570/m1/23/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.