Current through Reg. 49, No. 38; September 20, 2024
(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 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 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 emergent
bilingual students 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 under TEC, §
28.0258.
(1) A student may not graduate under an
individual graduation committee 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.
(2) An emergent bilingual student who
qualifies for the English I special provision in §
101.1007
of this title may graduate without an individual graduation committee if the
student achieves satisfactory performance on the remaining EOC assessments that
the student is required to take.
(A) The
qualifying emergent bilingual student becomes eligible for individual
graduation committee 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
emergent bilingual student does graduate by means of an individual graduation
committee, the student is required to complete individual graduation committee
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, a school district or charter school
must provide a student an opportunity to retake an EOC assessment under 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.
(f) A student who is receiving special
education services or has been dismissed from a special education program under
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 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 review under TEC,
§
28.0258,
and is subject to the provisions of subsection (e) of this section.
