TITLE 19.EDUCATION

Part 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

Chapter 4. RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS

Subchapter C. TEXAS SUCCESS INITIATIVE

19 TAC §4.54

The Texas Higher Education Coordinating Board proposes amendments to §4.54(a)(1)(A) and (B) and (a)(3) of Board rules concerning exemption from the requirements of the Texas Success Initiative. Specifically, these amendments exempt high school students who achieve certain standards on the Mathematics and/or English/Language Arts sections of the exit-level Texas Assessment of Knowledge and Skills from state-mandated testing for college readiness for the corresponding sections. Also, amendments were made that would allow students who achieve certain standards on sections of the ACT and the SAT to be exempt from the assessment required under this title for those corresponding sections.

Mr. Michael L. Collins, Assistant Commissioner, has determined that for each year of the first five years the section is in effect, there will not be any fiscal implications to state or local government as a result of enforcing or administering the rules.

Mr. Collins has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be a greater alignment of secondary and post-secondary academic standards. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on local employment.

Comments on the proposal may be submitted to Michael L. Collins, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711 or by email at michael.collins@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposed rules in the Texas Register.

The amendments are proposed under the Texas Education Code, §51.3062 and Texas Education Code, §51.307, which provide the Coordinating Board with the authority to propose rules concerning the Success Initiative.

The amendments affect the Texas Education Code, §51.3062.

§4.54.Exemptions/Exceptions.

(a) The following students shall be exempt from the requirements of this title:

(1) For a period of five (5) years from the date of testing, a student who is tested and performs at or above the following standards:

(A) ACT: composite score of 23 with a minimum of 19 on [ both ] the English test and /or the mathematics test shall be exempt for those corresponding sections [ tests ];

(B) Scholastic Assessment Test (SAT): a combined verbal and mathematics score of 1070 with a minimum of 500 on [ both ] the verbal test and /or the mathematics test shall be exempt for those corresponding sections [ tests ]; or

(2) (No change.)

(3) For a period of three (3) years from the date of testing, a student who is tested and performs on the Eleventh grade exit-level Texas Assessment of Knowledge and Skills (TAKS) with a minimum scale score of 2200 on the math section and /or a minimum scale score of 2200 on the English Language Arts section with a writing subsection score of at least 3, shall be exempt from the assessment required under this title for those corresponding sections.

(4) - (9) (No change.)

(b) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 18, 2004.

TRD-200403364

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: July 15, 2004

For further information, please call: (512) 427-6114