TITLE 19. EDUCATION
PART 2. TEXAS EDUCATION AGENCY
CHAPTER 61. SCHOOL DISTRICTS
The Texas Education Agency (TEA) adopts the repeal of §§61.1026, 61.1071, and 61.1073, concerning school district reporting requirements and counseling public school students. The repeal is adopted without changes to the proposed text as published in the March 14, 2025 issue of the Texas Register (50 TexReg 1889) and will not be republished. The adopted repeal relocates the existing requirements to new 19 TAC Chapter 78.
REASONED JUSTIFICATION: Section 61.1026 requires school districts and open-enrollment charter schools to report through the Texas Student Data System Public Education Information Management System (TSDS PEIMS) the number of full-time equivalent school counselors at each campus and the availability of expanded learning opportunities. The adopted repeal of §61.1026 moves the existing language to adopted new §78.1001 with no changes to the content of the rule.
Section 61.1071 requires school counselors to provide certain information about higher education to a student and a student's parent or guardian during the first year the student is enrolled in a high school or at the high school level in an open-enrollment charter school and again during the student's senior year. The adopted repeal of §61.1071 moves the language to new §78.2001.
Section 61.1073 implements the statutory requirement for school districts to annually assess compliance with the district policy requiring a school counselor to spend at least 80% of the school counselor's total work time on duties that are components of a counseling program. The adopted repeal of §61.1073 moves the existing language to adopted new §78.1003 with no changes to the content of the rule.
The relocations are necessary due to a comprehensive reorganization of 19 TAC Chapter 61.
SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began March 14, 2025, and ended April 14, 2025. No public comments were received.
SUBCHAPTER
BB.
STATUTORY AUTHORITY. The repeal is adopted under Texas Education Code (TEC), §33.252, which outlines the types of expanded learning opportunities that may be provided by school districts and open-enrollment charter schools and the manner in which expanded learning opportunities may be offered; and TEC, §48.009, which requires the commissioner of education to by rule require each school district and open-enrollment charter school to report through the Public Education Information Management System information regarding the availability of school counselors at each campus and the availability of expanded learning opportunities as described by TEC, §33.252
CROSS REFERENCE TO STATUTE. The repeal implements Texas Education Code, §33.252 and §48.009.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 17, 2025.
TRD-202502049
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: July 7, 2025
Proposal publication date: March 14, 2025
For further information, please call: (512) 463-9526
SUBCHAPTER
GG.
STATUTORY AUTHORITY. The repeal is adopted under Texas Education Code (TEC), §33.252, which outlines the types of expanded learning opportunities that may be provided by school districts and open-enrollment charter schools and the manner in which expanded learning opportunities may be offered; and TEC, §48.009, which requires the commissioner to by rule require each school district and open-enrollment charter school to report through PEIMS information regarding the availability of school counselors at each campus and the availability of expanded learning opportunities as described by TEC, §33.252
CROSS REFERENCE TO STATUTE. The repeal implements Texas Education Code, §33.252 and §48.009.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 17, 2025.
TRD-202502051
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: July 7, 2025
Proposal publication date: March 14, 2025
For further information, please call: (512) 463-9526
CHAPTER 74. CURRICULUM REQUIREMENTS
SUBCHAPTER
A.
The State Board of Education (SBOE) adopts an amendment to §74.3, concerning the required secondary curriculum. The amendment is adopted with changes to the proposed text as published in the December 20, 2024 issue of the Texas Register (49 TexReg 10181) and will be republished. The amendment updates the list of high school courses for science that are required to be offered to students.
REASONED JUSTIFICATION: In accordance with statutory requirements that the SBOE identify by rule the essential knowledge and skills of each subject in the required curriculum, the SBOE follows a board-approved cycle to review and revise the essential knowledge and skills for each subject. In late 2019, the SBOE began the process to review and revise the Texas Essential Knowledge and Skills (TEKS) for Kindergarten-Grade 12 science. In November 2020, the SBOE approved for second reading and final adoption revised TEKS for four high school science courses: Biology, Chemistry, Physics, and Integrated Physics and Chemistry (IPC). At the June 2021 SBOE meeting, the board approved for second reading and final adoption new TEKS for Specialized Topics in Science and revised standards for Aquatic Science, Astronomy, Earth Science Systems (formerly titled Earth and Space Science), and Environmental Systems. The updated TEKS for high school science were implemented beginning with the 2024-2025 school year.
Career and technical education (CTE) TEKS review work groups were convened from March-July 2021 to develop recommendations for certain CTE courses that satisfy a science graduation requirement. Proposed new TEKS for certain CTE courses that may satisfy science graduation requirements were approved for second reading and final adoption by the SBOE at the April 2024 SBOE meeting.
Additional CTE TEKS review work groups were convened from May-December 2024 to develop recommendations for a set of CTE courses in engineering. At the January 2025 SBOE meeting, the SBOE approved two CTE engineering courses to satisfy a high school science graduation requirement for first reading and filing authorization: Fluid Mechanics and Mechanics of Materials. At the January 2025 meeting, the SBOE postponed action on this item for second reading to provide an opportunity to consider adding Fluid Mechanics and Mechanics of Materials to the updated list of high school courses for science that are required to be offered to students.
The adopted amendment aligns the required secondary curriculum in §74.3(b)(2)(C) with updates to the secondary science course offerings made during recent TEKS revisions and adds advanced level biology, chemistry, physics, and environmental science courses offered as dual credit and courses selected from 19 TAC §74.12(b)(3)(A) or (B) to the list of options from which districts must select two courses to offer in addition to Biology, Chemistry, Physics, and IPC. The adopted amendment also replaces the secondary curriculum requirement in computer science to offer a specific course, Advanced Placement Computer Science Principles, with a general option to offer an advanced computer science course to meet the requirement.
The following changes were made to the rule since published as proposed.
Section 74.3(b)(2) was amended by replacing "The" with "A," striking "the" after "offer," adding the phrase "subparagraphs (A)-(J) of" before "this paragraph," and inserting the phrase "unless selection from a list of courses is specified" after "paragraph."
Section 74.3(b)(2)(C) was amended by reorganizing required science courses into clauses (i) and (ii) with science courses required for a school district to offer appearing in clause (i) and science course options from which a school district must select at least two additional courses to offer appearing in clause (ii).
Section 74.3(b)(2)(C)(ii) was further amended by adding the following course options: Fluid Mechanics, Mechanics of Materials, and advanced level biology, chemistry, physics, and environmental science courses offered as dual credit as referenced in §74.11(i) of this title (relating to High School Graduation Requirements) or a course selected from §74.12(b)(3)(A) or (B) of this title (relating to Foundation High School Program). The course options included at proposal, including Advanced Placement (AP) Biology; AP Chemistry; AP Physics 1: Algebra Based; AP Physics 2: Algebra Based; AP Environmental Science; AP Physics C: Electricity and Magnetism; and AP Physics C: Mechanics, were removed, as well as language stating that science courses shall include at least 40% hands-on laboratory investigations and field work using appropriate scientific inquiry. Language stating that the requirement to offer two additional courses may be reduced to one by the commissioner of education upon application of a school district with a total high school enrollment of less than 500 students was moved to new subsection (b)(3).
Section 74.3(b)(2)(D) was amended by striking the last sentence of the paragraph, which read, "The requirement to offer both Economics with Emphasis on the Free Enterprise System and Its Benefits and Personal Financial Literacy and Economics may be reduced to one by the commissioner of education upon application of a school district with a total high school enrollment of less than 500 students."
Section 74.3(b)(2)(I) was amended by adding the phrase "another advanced computer science course" and striking "AP Computer Science Principles."
New §74.3(b)(3) was added and contains language struck due to reorganizing curriculum requirements in §74.3(b)(2)(C) and (D).
Section 74.3(b)(5) was amended by replacing the word "The" with the word "A" and replacing the phrase "all courses listed" with the phrase "each course the district is required to offer or selects to offer as specified." Additionally, the following sentence was deleted: For students entering Grade 9 beginning with the 2007-2008 school year, districts must ensure that one or more courses offered in the required curriculum for the recommended and advanced high school programs include a research writing component.
The SBOE approved the amendment for first reading and filing authorization at its November 22, 2024 meeting and for second reading and final adoption at its April 11, 2025 meeting.
In accordance with Texas Education Code, §7.102(f), the SBOE approved the amendment for adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2025-2026 school year. The earlier effective date will enable districts to begin preparing for implementation of the revised curriculum requirements. The effective date is August 1, 2025.
SUMMARY OF COMMENTS AND RESPONSES: The public comment period on the proposal began December 20, 2024, and ended at 5:00 p.m. on January 21, 2025. The SBOE also provided opportunities for registered oral and written comments at its January and April 2025 meetings in accordance with the SBOE board operating policies and procedures. Following is a summary of the public comments received and the corresponding responses.
Comment. Two teachers expressed concern that the proposal to require districts to offer a specified number of Advanced Placement (AP) courses would put an undue burden on smaller districts.
Response. The SBOE agrees that smaller school districts may experience more challenges than larger districts in the number of advanced science courses, including AP courses, they can offer; however, the SBOE also provides the following clarification. School districts are not required to offer all courses listed in the required secondary curriculum for science in 19 TAC §74.3(b)(2)(C). In response to this and other comments, the SBOE took action to replace AP courses in the list of options for course offerings with a reference to advanced level biology, chemistry, physics, and environmental science courses in order to provide greater flexibility to districts.
Comment. One teacher stated that many districts offer a dual credit option that has a higher success rate than AP courses and is more cost effective for the district and students.
Response. The SBOE agrees that dual credit courses are good options for districts and students. In response to this and other comments, the SBOE took action to replace AP courses in the list of options for course offerings with a reference to advanced level biology, chemistry, physics, and environmental science courses in order to provide greater flexibility to districts.
Comment. One teacher questioned the addition of AP courses to the required curriculum in science without increasing the rigor of core classes.
Response. The SBOE disagrees that adding AP courses to the list of courses in the description of a required secondary curriculum should be connected to a change in rigor for other courses. However, in response to other comments, the SBOE took action to replace specific references to AP courses in the list of options for courses offerings with a reference to advanced level biology, chemistry, physics, and environmental science courses to provide greater flexibility for districts.
Comment. One teacher asked whether AP courses in math, English, and history would be added to the rules for the required curriculum in the future.
Response. The SBOE offers the following clarification. At this time, there are no plans to make additional amendments to 19 TAC §74.3(b).
Comment. One counselor expressed support for the proposal to include AP courses in the required secondary curriculum and stated that it should be implemented to increase advanced coursework opportunities in urban districts with marginalized student populations.
Response. The SBOE agrees that the required secondary curriculum should provide advanced coursework opportunities for students. In response to other comments, the SBOE took action to replace specific references to AP courses in the list of options for courses offerings with a reference to advanced level biology, chemistry, physics, and environmental science courses to provide greater flexibility for districts.
Comment. One counselor stated that the proposed amendment should not require school districts to offer AP courses without a specified plan for how to fund them.
Response. The SBOE agrees that school districts should not be required to offer AP courses and provides the following clarification. School districts are not required to offer all science courses listed in the required secondary curriculum in §74.3(b)(2)(C). In response to other comments, the SBOE took action to replace specific references to AP courses in the list of options for courses offerings with a reference to advanced level biology, chemistry, physics, and environmental science courses to provide greater flexibility for districts.
Comment. One teacher asked whether the SBOE would be requiring students to take AP tests and if student performance would be a way to grade schools.
Response. This comment is outside the scope of the proposed rulemaking.
Comment. One teacher stated that colleges do not grant credit for AP exams on a consistent basis or scale and some schools may not offer credit at all for courses in a student's major.
Response. This comment is outside the scope of the proposed rulemaking.
Comment. One teacher stated that all students should have equal curriculum and opportunity to be taught by trained dyslexia specialists and dyslexia trained teachers should receive stipends.
Response. This comment is outside the scope of the proposed rulemaking.
Comment. One administrator stated that the proposed requirement is vague; therefore, it is difficult to determine whether to support the amendment.
Response. The SBOE agrees that rules for the required secondary curriculum could be clarified. The SBOE took action to amend §74.3(b)(2)(C) by creating one clause, new §74.3(b)(2)(C)(i), with the science courses all districts must offer listed and a separate clause, §74.3(b)(2)(C)(i)(ii), that provides the list of science courses from which districts must select two to offer. The SBOE also approved additional technical edits to further clarify the rule.
STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §7.102(c)(4), which requires the State Board of Education (SBOE) to establish curriculum and graduation requirements; TEC, §28.002(a), which identifies the subjects of the required curriculum; and TEC, §28.025(b-1), which requires the SBOE to determine by rule specific courses for graduation under the foundation high school program.
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §§7.102(c)(4), 28.002(a), and 28.025(b-1).
§
74.3.
(a) Middle Grades 6-8.
(1) A school district that offers Grades 6-8 must provide instruction in the required curriculum as specified in §74.1 of this title (relating to Essential Knowledge and Skills). The district must ensure that sufficient time is provided for teachers to teach and for students to learn English language arts, mathematics, science, social studies, at least one of the four disciplines in fine arts (art, dance, music, theatre), health, physical education, technology applications, and to the extent possible, languages other than English. The school district may provide instruction in a variety of arrangements and settings, including mixed-age programs designed to permit flexible learning arrangements for developmentally appropriate instruction for all student populations to support student attainment of course and grade level standards.
(2) The school district must ensure that, beginning with students who enter Grade 6 in the 2010-2011 school year, each student completes one Texas essential knowledge and skills-based fine arts course in Grade 6, Grade 7, or Grade 8.
(3) A district shall offer and maintain evidence that students have the opportunity to take courses in at least three of the four disciplines in fine arts. The requirement to offer three of the four disciplines in fine arts may be reduced to two by the commissioner of education upon application of a school district with a total middle school enrollment of less than 250 students.
(b) Secondary Grades 9-12.
(1) A school district that offers Grades 9-12 must provide instruction in the required curriculum as specified in §74.1 of this title. The district must ensure that sufficient time is provided for teachers to teach and for students to learn the subjects in the required curriculum. The school district may provide instruction in a variety of arrangements and settings, including mixed-age programs designed to permit flexible learning arrangements for developmentally appropriate instruction for all student populations to support student attainment of course and grade level standards.
(2) A school district must offer courses listed in subparagraphs (A)-(J) of this paragraph, unless selection from a list of courses is specified, and maintain evidence that students have the opportunity to take these courses:
(A) English language arts--English I, II, III, and IV and at least one additional advanced English course;
(B) mathematics--Algebra I, Algebra II, Geometry, Precalculus, and Mathematical Models with Applications;
(C) science--
(i) Integrated Physics and Chemistry, Biology, Chemistry, Physics; and
(ii) at least two additional science courses selected from Aquatic Science, Astronomy, Earth Systems Science, Environmental Systems, Advanced Animal Science, Advanced Plant and Soil Science, Anatomy and Physiology, Physics for Engineering, Biotechnology I, Biotechnology II, Engineering Design and Problem Solving, Food Science, Forensic Science, Medical Microbiology, Pathophysiology, Scientific Research and Design, Engineering Science, Fluid Mechanics, Mechanics of Materials, and advanced level biology, chemistry, physics, and environmental science courses offered as dual credit as referenced in §74.11(i) of this title (relating to High School Graduation Requirements) or a course selected from §74.12(b)(3)(A) or (B) of this title (relating to Foundation High School Program);
(D) social studies--United States History Studies Since 1877, World History Studies, United States Government, World Geography Studies, Personal Financial Literacy, Economics with Emphasis on the Free Enterprise System and Its Benefits, and Personal Financial Literacy and Economics;
(E) physical education--at least two courses selected from Lifetime Fitness and Wellness Pursuits, Lifetime Recreation and Outdoor Pursuits, or Skill-Based Lifetime Activities;
(F) fine arts--courses selected from at least two of the four fine arts areas (art, music, theatre, and dance)--Art I, II, III, IV; Music I, II, III, IV; Theatre I, II, III, IV; or Dance I, II, III, IV;
(G) career and technical education-- three or more career and technical education courses for four or more credits with at least one advanced course aligned with a specified number of Texas Education Agency-designated programs of study determined by enrollment as follows:
(i) one program of study for a district with fewer than 500 students enrolled in high school;
(ii) two programs of study for a district with 501-1,000 students enrolled in high school;
(iii) three programs of study for a district with 1,001-2,000 students enrolled in high school;
(iv) four programs of study for a district with 1,001-5,000 students enrolled in high school;
(v) five programs of study for a district with 5,001-10,000 students enrolled in high school; and
(vi) six programs of study for a district with more than 10,000 students enrolled in high school.
(H) languages other than English--Levels I, II, and III or higher of the same language;
(I) computer science--one course selected from Fundamentals of Computer Science, Computer Science I, or another advanced computer science course; and
(J) speech--Communication Applications.
(3) The following requirements may be reduced to one by the commissioner of education upon application of a school district with a total high school enrollment of less than 500 students:
(A) the requirement to offer two additional science courses; and
(B) the requirement to offer both Economics with Emphasis on the Free Enterprise System and Its Benefits and Personal Financial Literacy and Economics.
(4) Districts may offer additional courses from the complete list of courses approved by the State Board of Education to satisfy graduation requirements as referenced in this chapter.
(5) A school district must provide each student the opportunity to participate in each course the district is required to offer or selects to offer as specified in subsection (b)(2) of this section. The district must provide students the opportunity each year to select courses in which they intend to participate from a list that includes all courses required to be offered in subsection (b)(2) of this section. If the school district will not offer the required courses every year, but intends to offer particular courses only every other year, it must notify all enrolled students of that fact. A school district must teach a course that is specifically required for high school graduation at least once in any two consecutive school years. For a subject that has an end-of-course assessment, the district must either teach the course every year or employ options described in Subchapter C of this chapter (relating to Other Provisions) to enable students to earn credit for the course and must maintain evidence that it is employing those options.
(c) Courses in the foundation and enrichment curriculum in Grades 6-12 must be provided in a manner that allows all grade promotion and high school graduation requirements to be met in a timely manner. Nothing in this chapter shall be construed to require a district to offer a specific course in the foundation and enrichment curriculum except as required by this subsection.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 20, 2025.
TRD-202502075
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: August 1, 2025
Proposal publication date: December 20, 2024
For further information, please call: (512) 463-9526
CHAPTER 78. COUNSELING, ADVISING, AND STUDENT SUPPORT
The Texas Education Agency (TEA) adopts new §§78.1001, 78.1003, and 78.2001, concerning counseling services and student advising. New §78.1001 and §78.1003 are adopted without changes to the proposed text as published in the March 14, 2025 issue of the Texas Register (50 TexReg 1889) and will not be republished. New §78.2001 is adopted with changes to the proposed text as published in the March 14, 2025 issue of the Texas Register (50 TexReg 1889) and will be republished. The adopted new sections relocate existing requirements from 19 TAC Chapter 61.
REASONED JUSTIFICATION: Adopted new §78.1001 moves existing language from 19 TAC §61.1026, which requires school districts and open-enrollment charter schools to report through the Texas Student Data System Public Education Information Management System (TSDS PEIMS) the number of full-time equivalent school counselors at each campus and the availability of expanded learning opportunities. The relocation is necessary due to a comprehensive reorganization of 19 TAC Chapter 61. No changes from the existing rule were proposed.
Adopted new §78.1003 moves existing language from 19 TAC §61.1073, which implements the statutory requirement for school districts to annually assess compliance with the district policy requiring a school counselor to spend at least 80% of the school counselor's total work time on duties that are components of a counseling program. The relocation is necessary due to a comprehensive reorganization of 19 TAC Chapter 61. No changes from the existing rule were proposed.
Adopted new §78.2001 moves existing language from 19 TAC §61.1071, which requires school counselors to provide certain information about higher education to a student and a student's parent or guardian during the first year the student is enrolled in a high school or at the high school level in an open-enrollment charter school and again during the student's senior year. The relocation is necessary due to a comprehensive reorganization of 19 TAC Chapter 61. No changes from the existing rule were proposed; however, changes have been made at adoption.
In response to public comment, §78.2001(a) was amended at adoption to require that students be provided with information during each year of a student's enrollment in high school in addition to during the first year the student is enrolled in a high school or at the high school level.
Additionally, §78.2001(b)(2) was amended at adoption to update the language to align with current graduation requirements as defined in statute.
SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began March 14, 2025, and ended April 14, 2025. Following is a summary of the public comment received and agency response.
Comment: A commenter stated that students should be provided information regarding postsecondary education in their junior and senior years.
Response: The agency agrees that students should be provided with information regarding postsecondary education more frequently than their senior year of high school. Section 78.2001(a) was amended at adoption to require that students be provided with information during each year of a student's enrollment in high school in addition to during the first year the student is enrolled in a high school or at the high school level. This adjusted language also aligns with the current statutory requirement in TEC, §33.007.
SUBCHAPTER
AA.
STATUTORY AUTHORITY. The new sections are adopted under Texas Education Code (TEC), §33.252, which outlines the types of expanded learning opportunities that may be provided by school districts and open-enrollment charter schools and the manner in which expanded learning opportunities may be offered; TEC, §48.009, which requires the commissioner of education to by rule require each school district and open-enrollment charter school to report through PEIMS information regarding the availability of school counselors at each campus and the availability of expanded learning opportunities as described by TEC, §33.252; TEC, §33.005, which provides that a school counselor shall plan, implement, and evaluate a comprehensive school counseling program that meets the requirements of the section; TEC, §33.006(d), which requires, except as provided by subsection (e) of the section, school districts to adopt a policy that requires a school counselor to spend at least 80% of the school counselor's total work time on duties that are components of a counseling program developed under TEC, §33.005; TEC, §33.006(e), which requires school district boards of trustees that determine that staffing needs require school counselors to spend less than 80% of their work time on duties that are components of counseling programs developed under TEC, §33.005, to change the policy adopted under subsection (d) of the section to reflect the reasons why counselors need to spend less than 80% of their work time on components of the counseling program, list those non-component duties, and set the required percentage of work time to be spent on components of the counseling program; and TEC, §33.006(h), which requires each school district to annually assess the district's compliance with the policy adopted under TEC, §33.006(d), and, on request by the commissioner, provide a written copy of the assessment to Texas Education Agency on or before a date specified by the commissioner. This section requires the commissioner to adopt rules to implement these requirements.
CROSS REFERENCE TO STATUTE. The new sections implement Texas Education Code (TEC), §33.252 and §48.009, for §78.1001; and TEC, §33.005 and §33.006, for §78.1003.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 17, 2025.
TRD-202502052
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: July 7, 2025
Proposal publication date: March 14, 2025
For further information, please call: (512) 463-9526
SUBCHAPTER
BB.
STATUTORY AUTHORITY. The new section is adopted under Texas Education Code (TEC), §33.252, which outlines the types of expanded learning opportunities that may be provided by school districts and open-enrollment charter schools and the manner in which expanded learning opportunities may be offered; TEC, §48.009, which requires the commissioner to by rule require each school district and open-enrollment charter school to report through PEIMS information regarding the availability of school counselors at each campus and the availability of expanded learning opportunities as described by TEC, §33.252; TEC, §33.005, which provides that a school counselor shall plan, implement, and evaluate a comprehensive school counseling program that meets the requirements of the section; TEC, §33.006(d), which requires, except as provided by subsection (e) of the section, school districts to adopt a policy that requires a school counselor to spend at least 80% of the school counselor's total work time on duties that are components of a counseling program developed under TEC, §33.005; TEC, §33.006(e), which requires school district boards of trustees that determine that staffing needs require school counselors to spend less than 80% of their work time on duties that are components of counseling programs developed under TEC, §33.005, to change the policy adopted under subsection (d) of the section to reflect the reasons why counselors need to spend less than 80% of their work time on components of the counseling program, list those non-component duties, and set the required percentage of work time to be spent on components of the counseling program; and TEC, §33.006(h), which requires each school district to annually assess the district's compliance with the policy adopted under TEC, §33.006(d), and, on request by the commissioner, provide a written copy of the assessment to Texas Education Agency on or before a date specified by the commissioner. This section requires the commissioner to adopt rules to implement these requirements.
CROSS REFERENCE TO STATUTE. The new section implements Texas Education Code (TEC), §33.252 and §48.009, for §78.1001; and TEC, §33.005 and §33.006, for §78.1003.
§
78.2001.
(a) In accordance with Texas Education Code (TEC), §33.007, a counselor shall provide certain information about higher education to a student and a student's parent or guardian during the first year the student is enrolled in a high school or at the high school level in an open-enrollment charter school and again during each year of a student's enrollment in high school.
(b) The information that counselors provide in accordance with subsection (a) of this section must include information regarding all of the following:
(1) the importance of higher education, which:
(A) includes workforce education, liberal arts studies, science education, graduate education, and professional education to provide broad educational opportunities for all students;
(B) furthers students' intellectual and academic development; and
(C) offers students more career choices and a greater potential earning power;
(2) the advantages of earning an endorsement and a performance acknowledgment and completing the distinguished level of achievement under the foundation high school program, including, at a minimum, curriculum programs which:
(A) provide students with opportunities to complete higher-level course work, particularly in mathematics, science, social studies, and languages other than English, thereby:
(i) increasing students' readiness for higher education and reducing the need for additional preparation for college-level work;
(ii) preparing students for additional advanced work and research in both career and educational settings;
(iii) allowing students, in certain instances, to receive college credit for their high school course work; and
(iv) enabling students to be eligible for certain financial aid programs for which they would otherwise be ineligible (e.g., the TEXAS grant program);
(B) enable students to receive an academic achievement record noting the completion of either the recommended program or higher; and
(C) provide students who elect to complete the distinguished achievement program with an opportunity to demonstrate student performance at the college or career level by demonstrating certain advanced measures of achievement;
(3) the advantages of taking courses leading to a high school diploma relative to the disadvantages of preparing for a high school equivalency examination, including:
(A) the progressive relationship between education and income; and
(B) the greater possibility for post-secondary opportunities (including higher education and military service) that are available to students with a high school diploma;
(4) financial aid eligibility, including;
(A) the types of available aid, not limited to need-based aid, and including grants, scholarships, loans, tuition and/or fee exemptions, and work-study;
(B) the types of organizations that offer financial aid, such as federal and state government, civic or church groups, foundations, nonprofit organizations, parents' employers, and institutions of higher education; and
(C) the importance of meeting financial aid deadlines;
(5) instruction on how to apply for financial aid, including guidance and assistance in:
(A) determining when is the most appropriate time to complete financial aid forms; and
(B) completing and submitting the Free Application for Federal Student Aid (FAFSA) or any new version of this form as adopted by the U.S. Department of Education;
(6) the Texas Higher Education Coordinating Board's Center for Financial Aid Information, including its toll-free telephone line, its Internet website address, and the various publications available to students and their parents;
(7) the Automatic Admissions policy, which provides certain students who graduate in the top 10% of their high school class with automatic admission into Texas public universities; and
(8) the general eligibility and academic performance requirements for the TEXAS grant program, which allows students meeting the academic standards set by their college or university to receive awards for up to 150 credit hours or for six years or until they receive their bachelor's degree, whichever occurs first. The specific eligibility and academic performance requirements, along with certain exemptions to these requirements, are specified in Chapter 22, Subchapter L, of this title (relating to Toward Excellence, Access and Success (TEXAS) Grant Program). The general requirements include:
(A) Texas residency;
(B) financial need;
(C) registration for the Selective Service or exemption from this requirement;
(D) completion of the recommended high school program or higher or, in the case of a public high school that did not offer all of the courses necessary to complete the recommended or higher curriculum, a certification from the district that certifies that the student completed all courses toward such a curriculum that the high school had to offer;
(E) enrollment of at least three-quarters time in an undergraduate degree or certificate program within 16 months of high school graduation, unless an allowable exemption is satisfied; and
(F) no conviction of a felony or crime involving a controlled substance, unless certain conditions are met.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 17, 2025.
TRD-202502053
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: July 7, 2025
Proposal publication date: March 14, 2025
For further information, please call: (512) 463-9526
CHAPTER 101. ASSESSMENT
SUBCHAPTER
DD.
The Texas Education Agency adopts an amendment to §101.4002, concerning State of Texas Assessments of Academic Readiness (STAAR®) end-of-course (EOC) assessments. The amendment is adopted with changes to the proposed text as published in the April 18, 2025 issue of the Texas Register (50 TexReg 2476) and will be republished. The adopted amendment updates the list of approved substitute assessments to include the addition of the PreACT 8/9 and the PreACT assessments.
REASONED JUSTIFICATION: Section 101.4002 specifies the assessments the commissioner of education recommends as substitute assessments that a student may use to meet EOC assessment graduation requirements and establishes the satisfactory scores needed for graduation purposes. The amendment updates the rule text in subsection (f) to include the PreACT assessments in place of the PLAN and Aspire assessments, which are no longer administered.
In addition, the updated figure in subsection (b) includes the PreACT 8/9 and the PreACT assessments with associated substitute assessment scores. The order of assessments listed in the figure has been adjusted to display the current assessments first followed by the previous assessments. Finally, the order of the footnotes has been adjusted to align with the new order of the assessments, and the text of the footnotes has been amended for consistency where appropriate.
This amendment provides students, parents, and school district staff with the most up-to-date information regarding substitute assessments that may be used to satisfy graduation assessment requirements.
Based on public comment, the first page of Figure: 19 TAC §101.4002(b) was amended at adoption to remove PreACT assessments as substitute assessments for the STAAR English II assessment. The amendment to Figure: 19 TAC §101.4002(b) was made to address a discrepancy in the proposal that erroneously listed PreACT assessments as approved substitute assessments for the STAAR English II assessment. Pre-assessments are used as substitute assessments only for freshman level courses. As a result of this change, conforming amendments were also made to the footnotes and to the date in the header for Figure: 19 TAC §101.4002(b).
SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began April 18, 2025, and ended May 19, 2025. Following is a summary of public comments received and agency responses.
Comment: ACT expressed support for the proposed changes to replace ACT Plan and Aspire with PreACT. ACT also recommended changes to some of the passing scores for PreACT and ACT in Figure: 19 TAC §101.4002(b) to align with other uses of these assessments.
Response: The agency disagrees with the recommended changes to the passing scores for PreACT and ACT in Figure: 19 TAC §101.4002(b). The passing scores for substitute assessments listed in Figure: 19 TAC §101.4002(b) are based on the college readiness performance standards determined by each of the assessment vendors.
Comment: College Board recommended revisions to Figure: 19 TAC §101.4002(b) to approve the use of PSAT assessments as substitute assessments for the STAAR English II assessment to ensure consistency with PreACT assessments listed in the figure.
Response: The agency acknowledges the discrepancy and provides the following clarification. Figure: 19 TAC §101.4002(b) has been amended at adoption to remove the PreACT assessments as substitute assessments for the STAAR English II assessment. Pre-assessments are used as substitute assessments only for freshman level courses.
Comment: College Board recommended revisions to Figure: 19 TAC §101.4002(b) to include SAT as a substitute assessment for the STAAR Biology assessment.
Response: The agency disagrees with the recommend change. The SAT does not assess science knowledge or skills. The SAT only provides a science score based on questions that assess reading language arts and mathematics. Therefore, the SAT may not be used as a substitute assessment for the STAAR Biology assessment.
STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (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; and TEC, §39.025, which establishes the secondary-level performance required to receive a Texas high school diploma. TEC, §39.025(a), requires the commissioner of education to adopt rules requiring students to achieve satisfactory performance on each EOC assessment listed under TEC, §39.023(c), to receive a Texas high school diploma. TEC, §39.025(a-1), (a-2), and (a-3), allow for the use of specific substitute assessments to satisfy the EOC assessment graduation requirements under certain conditions.
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §39.023 and §39.025.
§
101.4002.
(a) For purposes of this subchapter, "equivalent course" is defined 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).
(b) Effective beginning with the 2011-2012 school year, in accordance with Texas Education Code (TEC), §39.025(a-1), (a-2), and (a-3), the commissioner of education adopts certain assessments as provided in the chart in this subsection as substitute assessments that a student may use in place of a corresponding end-of-course (EOC) assessment under TEC, §39.023(c), to meet the student's assessment graduation requirements. A satisfactory score on an approved substitute assessment may be used in place of only one specific EOC assessment, except in those cases described by subsection (d)(1) of this section.
Figure: 19 TAC §101.4002(b) (.pdf)
(c) A student at any grade level is eligible to use a substitute assessment as provided in the chart in subsection (b) of this section if:
(1) a student was administered an approved substitute assessment for an equivalent course in which the student was enrolled;
(2) a student received a satisfactory score on the substitute assessment as determined by the commissioner and provided in the chart in subsection (b) of this section; and
(3) a student using a Texas Success Initiative Assessment (TSIA) or a Texas Success Initiative Assessment, Version 2.0 (TSIA2) also meets the requirements of subsection (d) of this section.
(d) Effective beginning with the 2014-2015 school year, a student must meet criteria established in paragraph (1) or (2) of this subsection in order to qualify to use TSIA or TSIA2 as a substitute assessment.
(1) A student must have been enrolled in a college preparatory course for English language arts (PEIMS code CP110100) or mathematics (PEIMS code CP111200) and, in accordance with TEC, §39.025(a-1), have been administered an appropriate TSIA or TSIA2 at the end of that course.
(A) A student under this paragraph who meets all three TSIA or both TSIA2 English language arts score requirements provided in the figure in subsection (b) of this section satisfies both the English I and English II EOC assessment graduation requirements.
(B) A student under this paragraph may satisfy an assessment graduation requirement in such a manner regardless of previous performance on an Algebra I, English I, or English II EOC assessment.
(2) In accordance with TEC, §39.025(a-3), a student who has not been successful on the Algebra I or English II EOC assessment after taking the assessment at least two times may use the corresponding TSIA or TSIA2 in place of that EOC assessment. For a student under this paragraph who took separate reading and writing assessments for the English II EOC assessment and who did not meet the English II assessment graduation requirement using those tests as specified in §101.3022(b) of this title (relating to Assessment Requirements for Graduation), the separate reading or writing TSIA may not be used to substitute for the corresponding English II reading or writing EOC assessment.
(e) A student electing to substitute an assessment for graduation purposes must still take the corresponding EOC assessment required under TEC, §39.023(c), at least once for federal accountability purposes. If a student sits for an EOC assessment, a school district may not void or invalidate the test in lieu of a substitute assessment.
(f) A student who fails to perform satisfactorily on a PSAT or PreACT test (or any versions of these tests) as indicated in the chart in subsection (b) of this section must take the appropriate EOC assessment required under TEC, §39.023(c). However, a student who does not receive a passing score on the EOC assessment and retakes a PSAT or PreACT test (or any versions of these tests) is eligible to meet the requirements specified in subsection (c) of this section.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 17, 2025.
TRD-202502048
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: July 7, 2025
Proposal publication date: April 18, 2025
For further information, please call: (512) 463-9526