Tag: graduation

Telling the Truth – Kudos to Lamar CISD!

Written by admin on . Posted in High School, News, STAAR | EOC Testing. Leave a Comment

During this time of the year, we hear so many terrible stories of teachers and administrators lying to parents and harassing them and sometimes their kids over their opt out decisions.  It’s the worst at the high school level, where the “you can’t graduate without STAAR” lie is yielded like a hammer. (Read here to see all the ways to graduate without passing five STAAR EOCs).  So when we see an administrator tell the truth about graduation — and even offer to sit down with the parent and check where the kid is on an alternative approach — they deserve our appreciation and huge credit.

TPERN gives a huge tip of the cap to Brian Roberson, principal of Terry High School in Lamar CISD, for one of the best written responses to an opt out that we have seen.  Mr. Roberson laid out all the options, fairly, non-judgmentally, and accurately for the parent.  There was no shaming, no threatening and no lying.  He even cribbed some of the response from Houston CVPE, a parent advocacy group that we’ve helped with research on graduation options.

Today’s Parent’s Rights Hero is Principal Brian Roberson.  He showed that schools can communicate accurate information to parents and treat them like true partners in their children’s education.  His letter is below:

From: Brian K. Roberson
To
Cc: Tracie D. Pryor; Trameasha A. Strickland
Sent: Thursday, April 20, 2023 at 10:02:30 AM CDT
Subject: Re: opt out letter

Good Morning,

I want to acknowledge the receipt of your STAAR Opt-Out Letter for student, ______________.

Additionally, I wanted to advise of the following:

To graduate high school in Texas, a student must pass five STAAR end-of-course (EOC) assessments (Algebra I, Biology, English I, English II, and US History) or use a combination of several exceptions. These include a sufficient score on a substitute assessment; Spring 2020 COVID waiver, Special Education ARD, or IGC for up to two STAAR assessments.

Below are more details about high school STAAR EOC exemptions/waivers:

  • INDIVIDUAL GRADUATION COMMITTEE (IGC) The individual graduation committee (IGC) process allows a student to complete an IGC packet/project instead of STAAR to substitute for two of the five STAAR high school exams. In order to qualify for IGC, you must have failed/attempted STAAR.
  • SUBSTITUTE ASSESSMENT WAIVER: TEA allows students to use a substitute assessment (chart here) instead of taking the STAAR (link here.) You will need to provide your school counselor with a copy of your score. 
    • PSAT, SAT, ACT, AP: Students may use the SAT, PSAT, ACT, or AP substitute assessment to replace the STAAR test to meet graduation requirements and do NOT have to have taken the STAAR to qualify for using it. Schools may pressure you to take the STAAR EOC because the student will not be listed on the federal participation rate (ESSA) if they do not take the STAAR.  This does NOT impact state accountability A-F ratings because the “federal participation rate is not prescribed as an element of a state’s accountability system.” TEA, however, has decided to mark students who refuse the STAAR and never actually take it with a zero score.
    • TSI: The Texas Education Agency allows students enrolled in college preparatory courses to use TSI as a substitute for STAAR Algebra I, English I and English II without ever having to take the STAAR. Otherwise, state law allows a student to use TSI as a substitute assessment for STAAR Algebra I, English I and English II as long as the student has taken/failed STAAR at least twice.
  • COVID SPRING 2020 WAIVERS: High school students who took and earned course credit for a course with a corresponding STAAR EOC assessment in spring or summer 2020 have the exam requirement waived. (TEA Documentation LINK HERE) Students will not be responsible for taking that associated STAAR exam as a graduation requirement as long as they earned course credit.

Example: If a student in 9th grade in spring/summer 2020 passed Algebra I, Biology and English I, they received a waiver for the STAAR in the corresponding courses and are only obligated to only pass English II and US History in order to graduate.

  • Out of state or out of country Course: If the student completed the B part of Algebra I, English I, Biology, English II or US History in another state or country, they will be exempt from taking and passing the STAAR in that subject.
  • SPECIAL EDUCATION Students must attempt or fail STAAR once in order to be able to graduate regardless of whether they passed the STAAR or not. Special Education students who qualify for STAAR Alt 2 ( generally students in an SLL or SLC class) can be exempt from STAAR by the ARD committee.
  • Graduating seniors: If a graduating senior has two or less STAAR exams that they have not passed, they can use IGC instead of taking the STAAR. If a graduating senior has three or more STAAR exams they have not passed, they will need to pass one of the remaining STAAR exams in order to graduate in June.
Please take schedule a moment to meet with me to ensure you are aware of the students graduation requirements.
With Gratitude,

Success: High School Graduation via Sub Assessments!

Written by admin on . Posted in High School, Success Stories. Leave a Comment

Our younger daughter graduated from high school last May. She hadn’t taken a STAAR Assessment since 5th grade. We used substitute assessments, IGC for US History, and she received the Covid waivers. Her US History IGC project was a report about the Civil Rights era. She spun it to include our decision to practice civil disobedience by refusing STAAR to reflect our beliefs that STAAR is a prejudiced system that specifically targets students of color, students of a lower socioeconomic status, students with learning disabilities, etc. She is the first student to opt out in our district (Pleasanton ISD) and received her diploma with all her earned honors. She is currently a freshman at Texas A&M University. TAMU never once asked about her missing STAAR scores. Colleges don’t care! We were blessed with a very supportive district and campus administration (or else they just didn’t want to deal with us anymore), but we also went into every single meeting prepared with all the information gleaned from this page. Many times we were educating our schools about opt out rights, but the facts from txedrights.net clearly spell it out.
STAAR is not required.

Opting out/refusing STAAR and HB 4545 is legal.

-Tammy H.
Pleasanton ISD
Pleasanton, TX

Success: IGC Graduation – No Retests

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From CF

In 2022, when my daughter was a senior at United Independent School District in Laredo, Texas, I received an incredible amount of pushback for the  ENTIRE YEAR as I opted my senior out of testing and requested an IGC, but I didn’t give in! I kept pushing and my daughter’s graduation kept being threatened. Literally, my daughter was told by her administrator at USHS,  to her face without my presence on more than one occasion, “I hope you know your mom is risking your graduation.” She too didn’t give in, and I’m so incredibly proud of her.  She even told them, “It’s ok. I have an uncle in Austin who is willing to pay for my CVEP and I’m sure that wouldn’t look good for you.” Still, they pushed back.

With tremendous help from an educational advocate we put together NUMEROUS emails sent to my daughter’s administrator who then involved district personnel such as the executive director of high school education. I then involved the counselor and had her verify in writing that my daughter has met all graduation requirements. Eventually we involved and carbon copied TEA into our emails.

For those who are still learning, TEA states students are to be given the opportunity to an IGC, individual graduation committee BEGINNING at the END of their JUNIOR year. This district CHOSE NOT TO time after time stating the child MUST retest at EVERY opportunity, but being I’ve helped other families I knew they were all lies. I seriously didn’t expect this much trouble though. They pushed the IGC until March, then May!!!! WHAT WERE THEY THINKING!

So after compiling another email to TEA asking for direct clarification on the IGC my daughter was FINALLY granted her right to one!!!! She completed the project in no time and proudly walked the stage.

Parents keep pushing! YOU CAN AND YOU WILL WIN!

Individual Graduation Committee for all-Non STAAR Testers (Entered HS pre 2011)

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Editor’s Note: TxEdRights wishes to thank TTAAS member Jeff Cranmore for contributing this guide for students who were denied a high school diploma due to pre-STAAR testing requirements.  This guide will help TAKS/TAAS students who completed their credits but did not pass one or more exit exams navigate the process to a high school diploma.

By Jeff Cranmore

Several people have asked how the Individual Graduation Committee (IGC) works for older students. I wanted to put together some information for anyone trying to go through this process.  I will also include the corresponding laws to reference. According to Texas Administrative Code (TAC) §74.1027, a school may issue a diploma to students that:

(1) entered Grade 9 before the 2011-2012 school year;

(2) successfully completed the curriculum requirements for high school graduation applicable to the individual when the individual entered Grade 9;

(3) has not performed satisfactorily on an assessment instrument or a part of an assessment instrument required for high school graduation, including an alternate assessment instrument offered under TEC, §39.025(c-2);

(4) has been administered at least three times the required subject-areas test(s), including an alternate assessment as specified in paragraph (3) of this subsection, for which the individual has not performed satisfactorily on the exit-level assessment instrument applicable to the individual when the individual entered Grade 9; and

(5) meets the alternative requirements for graduation in accordance with subsection (c) of this section or the local alternative requirements approved by the board of trustees in accordance with subsection (d) of this section.

Here is the link to the actual wording of the TAC

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=2&ch=74&rl=1027

Here is a link to the FAQ’s

https://tea.texas.gov/sites/default/files/74.1027%20FAQ.pdf

What does this all mean?

If you completed all of your credits but were denied your diploma due to not passing a state test (TAKS, TAAS, etc.…) then you can petition the school to look at your transcript and award you your diploma.

A few things- you must have all of your credits, and you must have attempted the assessment at least three times.  If you did not, you can take one of the state approved assessments and either pass, or if not, it can be counted toward the total number of times.

This is me, now what?

There are a few ways to meet the requirements, but I will focus on the three that have been very successful

According to TEA, these are ways you are eligible.

  • Meeting the performance standard on an alternate assessment as specified in TAC §101.4003
  • Performing satisfactorily on the subject-area test of a state-approved high school equivalency examination in accordance with TAC §89.43(a)(4)
  • Attainment of a TEA-approved industry-recognized postsecondary license or certification
  • Active-duty service in the armed forces or an honorable or general discharge from the armed forces
  • Successful completion of college-level coursework resulting in college credit
  • Additional alternative requirements developed by the district and approved by the school district board of trustees

Based on these criteria, I want to focus on the three that do not require you taking a test.

  • If you have active duty service- done
  • You can complete a college level course. With this one, it must be an on level credit (so developmental math, or a community based enrichment course in photography does not count). I have had former students take a 1.0 credit in PE and used that several times.
  • The last one is an Industry Approved Certification. This may be something that many of you already have. I have had former students that work as a Certified Nurses Aid, or have the Safe Serve Food Manger certification. A copy of that, and you are done! I am including a link to all of the certification,  but if you do not have any, I wanted to point out this one:  The Google Analyst for Beginners. (https://support.google.com/google-ads/answer/6089828?hl=en&ref_topic=6089827) It is free, and you can retake it once a day until you pass it. Here is a link to all of Industry Approved Certifications.

https://tea.texas.gov/academics/college-career-and-military-prep/career-and-technical-education/industry-based-certifications

Once you have completed one of the alternatives, you can ask the school to call the IGC to review, and it can replace any missing state assessment. After that, you should be good to go, and able to get your diploma. Please feel free to share this with anyone that may apply.

As of right now, the rule is set to expire on September 1, 2023, so the sooner you apply the better. I would also suggest that you reach out to your representatives and ask them to extend or make these rules permanent.

The CVEP Interview – The Oaks Private School

Written by admin on . Posted in Articles, STAAR | EOC Testing, Videos. Leave a Comment

For years, we have promoted the CVEP (Credit Verification and Evaluation Program) as a proactive way for parents to plan for high school graduation without STAAR.  The CVEP program permits the student to attend and participate in all their local high school activities without ever taking STAAR.  After completing their credits, the student then “transfers” the credits to The Oaks Private School (TOPS), and after completing a short course, they receive their accredited diploma.  Texas parents have used this process to complete their high school diplomas and even to meet military enlistment requirements.  The program is legitimate and the school is regionally accredited.

The two questions we get the most are (a) can I still graduate with my local high school and (b) how much does it cost.  Graduation participation depends on your local school policies.  If they permit students who have completed all graduation requirements other than state assessments to participate in graduation, then your student likely can participate also.  If they don’t you will have to forego the local ceremony.  Please note, a ceremony  is not graduation, it is only a ritual.  It should also be noted that your local school board can change this policy, so parents should actively lobby their district to permit all students who have completed credits to participate in graduation.  For your local school’s policies, check Board Policy FMH (Local) (See example for Georgetown ISD).  As to the cost, the CVEP program is exceedingly affordable.  If paid in full, the cost is only $450.  TOPS also has payment options, and if utilized the final cost is $500.

In this interview, the principal of The Oaks Private School, Marilyn Bennett, joins us to discuss the CVEP program.  Please note, Marilyn’s opinions are her own.  We do not share the belief that students/parents should participate in or attempt the STAAR EOCs because of the punitive and discriminatory use of the results.  However, we fully support CVEP and the excellent people at TOPS.  Please note, parents looking for an online, private option for a full, accredited at home curriculum may also wish to visit with Marilyn about their full time enrollment programs.

Enjoy the interview, and please consider supporting us on Patreon if you find the information helpful!

Ignorance or Deliberate Lies? Schools and Sub Assessments

Written by admin on . Posted in Accountability, Articles, STAAR | EOC Testing. 2 Comments

When the Texas legislature imposed EOC graduation requirements on Texas students, they threw out a very important bone that Opt Out parents utilize to their advantage: the right to use substitute assessments to satisfy graduation requirements.  This is a legislative determination and can’t be restricted by local schools or the TEA.  The TEA is charged with making rules to determine qualifying assessments and scores and the process (consistent with the statute) to use them.

In fall 2019, the TEA proposed a rule that would have required a student to sit for and fail an EOC examination before using a substitute assessment to meet graduation requirements.  Long story short, the rule was an ill advised attempt to address the federal Dept. of Education decision to no longer accept substitute assessments as meeting the federal assessment requirements.  Of course, this has nothing to do with graduation, but the TEA thought by requiring the EOC before approving a substitute assessment for graduation, they would increase EOC participation.

We immediately fought back against the rule, because it dangerously conflated federal accountability requirements (that have never been tied to state graduation policies) with our own state law graduation requirements which expressly allow the use of substitute assessments.  Based on TPERN’s call to action, parents, teachers and other activists flooded the TEA with comments against the rule.  Most obviously, we pointed out that there is no need to restrict graduation access based on EOC attempts just to meet federal accountability.  The proposed rule already said that a student who uses a sub assessment to graduate must still take the EOC for accountability purposes.  There was no need to add a hammer by saying “and if you don’t you can’t graduate.”

When this was announced, we were up against the wall.  The TEA had already started telling districts that this would be the rule and training them to enforce it.  We immediately told parents to submit all qualifying sub assessment scores before the rule went into effect.  That drove the districts crazy.  They actually thought they could deny complying with the current law on the basis that it would change in the future.  It was like talking to children who had never taken a civics class.  We wrote nasty letters.  We ended up getting school district lawyers writing us letters telling us not to contact their counselors!  We responded of course that their counselors should not give false information if they did not want to be contacted.  It was a done deal we were told over and over.  But the letters our members sent got their attention.

A public hearing was held and several parents testified making these same points.  Nobody showed up to defend the test first requirement.  And when the new rule was published, the TEA agreed with us!  They struck the language from the rule that said a student must attempt the EOC before being eligible to use a substitute assessment to meet graduation requirements.

Note where this language appears.  This is the section of Commissioner’s Rule 100.4002, which sets out when a student is eligible to use a substitute assessment to satisfy EOC graduation requirements.  They removed the language that says the student had to take the EOC at least once to be eligible.  That’s gone.  And no other language anywhere in the rule is tied to eligibility to use the sub assessment to satisfy graduation requirements.  Everything else has to do with federal accountability, which is completely unrelated to state level graduation requirements.  The rule on eligibility is unchanged from prior years.

(Source:  http://ritter.tea.state.tx.us/rules/tac/chapter101/ch101dd.html)

The removal of the prior attempt requirement was no mistake.  The TEA recognized that they could simply ask sub assessment students to take the EOC for accountability reasons only regardless of the acceptance of the sub assessment for graduation purposes.  They explicitly agreed that there was no need to add a prior attempt requirement when a different part of the rule (related to accountability not graduation) provided a means to assess students who have already met their graduation requirements by substitute assessment.

Source: https://tea.texas.gov/sites/default/files/20_02_101-4002.pdf

Not clear enough?  In the section titled Reasoned Justification, this same adoption document is explicit:

The subsection that would have “require[d] students to take an EOC assessment  . . .  prior to being eligible to use a substitute assessment to meet graduation purposes” was “removed at adoption” because it was “not needed.”  Simple enough, right?  The TEA agreed with the parents, dropped the rule change and told the schools to handle accountability on the back end by giving the EOC to everyone, but that using substitute assessment for graduation was pretty much unchanged.  What could be difficult about that?

Well as it turns out, almost everything.  Because the TEA had spent much of the fall preparing districts for the new requirements (you know, the ones that were removed), the districts simply did not believe they had really gone away.  Almost immediately, they began to deny acceptance of substitute assessments on the baseless ground that the student had to first sit for the EOC.

This situation was aggravated by the fact that the TEA failed to update it’s slide show on the new rule even after the amendments were made.  We pointed that out to the TEA and they corrected that omission.
Note what is also clearly stated in this email.  “[S]tudents are NOT required to take a STAAR EOC assessment prior to using a substitute assessment to fulfill graduation requirements. That requirement was removed from the rule during rulemaking.”  This clear statement expresses precisely what happened with the rule and the current state.  Unfortunately, this kind of clear information is foreign to the TEA in its official communications.

Schools continued to insist that the proposed, rejected and outdated version of the rule was in force.  There never was any such rule, there was only a failed proposal.

To address this, the TEA issued a “clarification” to the schools.  While the clarification accurately states that “Based on public comment, the proposed requirement to take an EOC assessment prior to using a substitute assessment for graduation purposes was removed,” it does not state the obvious corollary: “students are NOT required to take a STAAR EOC assessment prior to using a substitute assessment to fulfill graduation requirements.”  So many schools continued to insist that such a requirement existed.  Some even said “still” existed, though no such requirement ever existed before, during or after rulemaking.  It was proposed; it was rejected; it doesn’t exist and never did exist.

So the confusion continued.  Just days after the clarification, we see this:Again, a lack of clear direction led to an inability of the district to understand that graduation purposes and accountability requirements are decoupled.  They always have been in Texas.  They never were linked.  They just both used the same assessments to get to their end points.  To her credit, Julie Cole at the TEA has been absolutely clear with districts that using substitute assessments for graduation is not related to taking the EOC for accountability.  But still, the misinformation continues:
Why do schools continue to mislead parents about substitute assessment requirements?  On the one hand, a large amount of blame lies with the TEA for training schools on a proposed rule that was ultimately not adopted.  When the rule was actually adopted without the proposed change, there was no fireworks show on a level of the initial rollout to alert schools to the actual form of the adopted rule.  So many just continued to use the process that was presented in the initial training.  A clarification that did not use the same clear language that the TEA uses in emails did not help.  However, at the same time, there is some amount of willful ignorance at play.  Schools have always made claims about “requirements” and absolutes of STAAR if they felt it would motivate students to participate and try hard.  Telling them they have to attempt STAAR first is just another instance of this. Some district even overtly lie and throw this nonexistent requirement onto their website.  I’m looking at you Katy ISD – an embarrassment of a district that has been wedded to data obsession since the pathetic tenure of TEA-sycophant, Dr. Allison Matney.  I’m looking at you Pine Tree ISD – spreading false information 9 months after the TEA clarification!  And I am especially looking at you Round Rock ISD – for telling your parents and students the precise opposite of what the law and the TEA says.  This deserves a special view:

RRISD Website:

TEA Clarification:
Julie Cole’s Clear Language:
If a district has any doubts, ask Julie and she will tell them straight:
So how and why do sophisticated districts continue to get it wrong?  Why am I so hard on RRISD especially? Because they prove my point that this isn’t confusion or innocent error.  This is deliberate misinformation.  Over the course of two years, I brought this error to the attention of the General Counsel of the Round Rock ISD after she had “forbidden” me from contacting their counselors directly.  On the phone she acknowledged the effect of the rulemaking, but she steadfastly refused to do so in writing or to make any effort to change the misinformation on the district website.  In fact, she never even responded to this March 2021 email – over a year after the TEA clarified its position and she and I had a verbal agreement on the matter.

Read the Letter to RRISD!

So, no, schools don’t innocently get this wrong.  Not after two years and numerous corrections.  The lies are deliberate and they are designed to do one thing: prevent parents and students from exercising their statutory rights to use substitute assessments to meet graduation requirements.  If your district does this please report it to us and to Julie Cole at the TEA.

What do we propose that parents do when they have a qualifying substitute assessment score?

  1. Upon receiving a satisfactory substitute assessment score, submit it to the counselor with documentation of the score and a statement like this:  [Name of Student] wishes to use this Substitute Assessment score to satisfy the EOC graduation requirements for [Name of Course].  Please let me know if you require any additional information to document this score.  If not, please reply and acknowledge that [Name of Student] has satisfied the graduation assessment requirements for [Name of Course].  This substitute assessment is offered for graduation purposes only.”
  2. If they request further documentation, provide it with the same request for confirmation.
  3. If they talk about the accountability requirements, respond with something along these lines: “We are aware of the Commissioner’s rules regarding EOC assessment for accountability purposes.  The question we asked, though, was for graduation purposes only.  Please confirm that [Name of Student] has satisfied the graduation assessment requirements for [Name of Course].  Once we have received this confirmation, we will be prepared to discuss any accountability requirements that TEA imposes on the school.”  Then you have to stand firm.  Many schools say they will not confirm this until the student takes the EOC for accountability purposes.  Parents cannot give into this, as this is simply the school trying to make the rule read like it was proposed, not as it was adopted.  They must give you an answer on the graduation requirements.  File a grievance if they don’t (BE TIMELY!) and do not sit for the assessment until they do.
  4. If they confirm graduation requirements, you can then do as you wish on the EOC for accountability purposes.  The TEA is clear that a student showing up and refusing meets all accountability requirements.  Do that if you wish.  Or, since it is no longer high stakes, take it if you wish.  Or, since accountability is not your concern, but the school’s, be absent if you like.  Either way you go, the key is to have the graduation requirement confirmed before having any involvement with the accountability issue.
  5. Report any districts attempting to impose a prior EOC attempt requirement on the use of substitute assessment to us here at TPERN and to Julie Cole at the TEA!

 

 

 

But They Have to Pass STAAR to Graduate

Written by admin on . Posted in STAAR | EOC Testing. 21 Comments

I can’t tell you how tired I am of hearing this.  Parents of kids as young as third grade hear this.  Some parents have even been told that passing STAAR in elementary school is required to graduate high school.  We’ll file that claim as “too stupid to merit a response.”  But let’s consider what underlies these types of claims being made to parents of younger students.  The only reason to mention the EOC requirements to a elementary or middle school student as a reason to take STAAR is an underlying belief that taking the 3rd to 8th grade STAAR somehow prepares the kids for their high school EOCs. (EOC is what STAAR is called in high school.  Every EOC is a STAAR and there are no high school STAAR assessments that are not EOCs). Let’s consider three reasons why this argument is weak.  First, the Grade 3-8 assessments are generalized grade level (in theory) academic assessments untethered from any specific class content.  The EOCs on the other hand are designed to assess content mastery at the end of a specified course of instruction.  These are two different objectives, and they should not be conflated.  Second, there has never been any demonstration that simply taking STAAR makes students any better at taking it the next time.  To the contrary, the research tends to show that the kids who pass one tend to pass others and kids who fail are not somehow elevated to passing by more test taking practice.  Finally, it ignores the fact that the curriculum is packed with assessments – whether part of the class or part of district benchmarking – designed to mimic STAAR.  Your students will have no shortage of “practice” before their first EOC.  But let’s get back to the point.  Do you really have to pass STAAR to graduate?  The answer is no.

Now, let’s be clear.  Passing all five EOC assessments is one way a student can meet the requirements for graduation from a public high school.  (Notably no such requirements apply to private schools or home schoolers.)  But it is not the only way.  What are the other ways?

  1. Use substitute assessments.  Each high school EOC has one or more nationally recognized assessment that can be taken in place of the STAAR EOC.  If you score at the passing standard, then you have satisfied the EOC graduation requirement for that course without ever taking the EOC.  Pass all five substitute assessments and you graduate without ever taking STAAR.  Note, the existence of substitute assessments is a matter of state law.   Schools do not have the option to “refuse” the use of substitute assessments.  Likewise, they cannot require a student to attempt the STAAR EOC before accepting the substitute assessment.  No such rule exists.
  2. Graduate by IGC.  In 2015, faced with nearly 30% of seniors having failed to pass all five EOCs, the Texas legislature created individual graduation committees to permit any student who has failed to meet performance standards on two or fewer EOCs to graduate by vote of a committee of school staff and the parent.  This is often referred to as “3 of 5”, signifying that the student needs to have passed three EOCs to be eligible.  While this is not really complete, it is generally true for students who spend all four years in Texas public high schools.  So clearly the law allows graduation without passing all five EOCs and when schools omit that, it is purposeful.  In addition, any substitute assessment counts as one of the “three.”  As a result, the student could pass three substitute assessments, turn in blank EOCs on the other two, and then go to an IGC to graduate having never taken an EOC.  Or, a parent whose child already has finished three EOCs, or some combination of EOCs and substitute assessments could refuse the remaining EOCs and go to IGC.  Either way, five EOCs are not required to graduate.
  3. ARD Committee – For Special Education Students Only – If your child is covered by an IEP, they can graduate simply by the ARD committee accepting their “participation” in STAAR as sufficient for graduation.  There is no minimum number of assessments passed.  There are no retake requirements and no minimum score requirements.  This method of graduation does not preclude graduating with endorsements, honors or any other recognition.

And if you don’t make any of those options work, you aren’t stuck.  There are two remaining options to make sure your kid graduates.  One is accredited.  The other isn’t.

  1. CVEP Program – (One option for students who are unable to pass the substitute assessments or get to an IGC is the CVEP Program.  This method involves using your local public school for all instruction and activities needed for graduation.  Those credits are then transferred to an accredited private school which evaluates them, provides a short course of remote, self-guided instruction, and certifies the student for graduation.  One parent in this group used CVEP to save her child’s enlistment in the armed forces which was threatened by his failure to pass enough EOC’s to graduate.  On very short notice, they were enrolled in CVEP, completed the program, received transcripts and diplomas and successfully entered the armed forces.  The downside to this method is that there is a small cost (currently $500) associated with it.
  2. Homeschool Graduation – If an accredited diploma is unimportant to you, you can declare your child a home school graduate.  The downside here is that if your child is planning to attend college, you will not have the traditional homeschool documentation that colleges expect.  However, with the transcript from the high school they should accept his academic readiness.  We do not have any specific reports of parents successfully using this method to enter college or the armed forces.  I have serious doubts that this will work for the armed forces, as it is transparently not “traditional” home schooling.

So the next time the school tells you that you have to pass five EOCs to graduate high school, you can just nod knowingly and wonder whether they really don’t know or whether it is just more subtle intimidation for parents.

Graduating By Committee – General Ed Students

Written by admin on . Posted in Accountability, Articles, STAAR | EOC Testing. 2 Comments

This article will discuss the Individual Graduation Committee Process for students who have not passed all five of the EOC exit exams as they approach graduation.  This articles does not address the graduation options for Special Education students.  It does include any student covered by a 504 plan.  The IGC process allows a student to graduate by committee decision if they have failed to comply with the EOC requirements “for not more than two courses.”  So let’s start at the beginning and walk through it.

The Texas Education Code requires passage of five End of Course assessments to receive a diploma from a public high school.  (CITE).  Those five courses are English I, English II, Biology, Algebra I and US History.  Three of those are usually taken in ninth grade, one in tenth grade and one in eleventh grade.  A student who does not pass the assessment has another opportunity in the summer and then three opportunities in each following year to try to pass.  So a parent who permitted their kid to stay on this merry go round could potentially have their kid take 46 EOC assessments while chasing that paper.

Fortunately, there are alternatives.  Many parents choose to have their kids attempt substitute assessments.  But usually when a parent comes here looking for help, it is because their junior or senior has passed some of the EOCs, but still lacks having all five needed for graduation.  And time is running out.

The good news is that for many of these kids, they do not need to pass all five EOCs to graduate.  For most of them, the IGC (Individual Graduation Committee) option offers them a path to the diploma.  A diploma issued by the IGC is precisely the same as the diploma a student who passes all five EOCs will receive.  There is no notation or limitation on the student’s ability to attend college, enter the military, or make any other use of their high school diploma as a result of using the IGC process.

Who is Eligible to Graduate Via IGC?

This is determined by the plain language of the statute: “This section applies only to an 11th or 12th grade student who has failed to comply with the end-of-course assessment instrument performance requirements under Section 39.025 for not more than two courses.” Tex Educ. Code §28.0258 (a).  Now this seems simple enough – pass three out of five and you are eligible — but there are a few caveats to deal with.

First, the Commissioner has added requirements to the statute.  We can argue about whether he can restrict access to IGC graduation in a manner that the legislature did not, but for purposes of this article we are trying to get you to the IGC without a fight.  The commissioners rules add an “attempt” requirement to IGC eligibility.

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.

19 TAC §101.3022(e).  Here the commissioner rules say two different things while repeating itself.  First, it says that to graduate by IGC, the student must have actually taken each EOC or a substitute assessment for each course they took in a Texas public school that has an EOC attached to it.  Then at the end, it seems to say that they must actually have attempted all of the EOCs, not the EOC or substitute assessment.  Let me be clear that I do not think this intends to say that a student who passes a substitute assessment and never attempts the EOC cannot graduate by IGC.  Or similarly, if the student took and passed Algebra I in Oklahoma (and thus exempt from EOC passage), I don’t think this rule means he has to attempt the Algebra I EOC before being eligible to graduate by IGC. But I do think that if they fail to pass the substitute assessment and never attempt to the EOC for that course, the school might deny them access to the IGC.  For that reason, if you are relying in an IGC to graduate, we recommend that you attempt each EOC that you are missing one time.  Refusing in person (turning in a blank answer sheet or tabbing through to the endand submitting) is an attempt.

How do we count “no more than two.”

As a matter of shorthand, we often say things like “3 out of 5” makes you eligible for an IGC.  But we really do need to use the no more than two language.  The number of required assessments to graduate is going to vary according to the student.  As sec. 29.025 points out, the satisfactory performance requirement only applies to “a course in which the student is enrolled and for which an end-of-course assessment instrument is administered.”  If the student was in private school or out of state at the time of their enrollment, they do not have to pass an EOC to graduate.  So those do not count when counting whether the student “has failed to comply with the end-of-course assessment instrument performance requirements under Section 39.025 for not more than two courses.”

Example 1: Joe takes and passes Algebra I and English I in private school in 9th grade.  In 10th grade, he goes to public school, takes and passes the Biology I course and EOC, passes English 2 course but fails the EOC, and then passes US History in 11th grade, but fails that EOC also.  Joe is eligible to graduate by IGC.  Sec. 39.025 only required that he take and pass Biology, English II and US History to graduate.  Even though he has only passed one EOC, he has failed to comply with the requirement in only two classes.  Because he has not failed to comply in more than two classes, he remains eligible to graduate under an IGC.

Example 2: Miranda is a newly arrived ELL student in 9th grade.  She received the ELL exemption from passing English I and the assessment is not administered to her.  She fails all her 9th grade EOCs that she attempts, but later passes Algebra I and Biology.  She fails passes all her classes, but fails her English 2 EOC and her US History EOC.  Miranda is not eligible to graduate by IGC.  Although she has only failed two EOCs, her exemption from English I comes from an administrative rule, and not from sec. 39.025. She has failed to comply with sec. 39.025 requirements in English I, English 2 and US History.  This is more than two classes.  Note that if Miranda passed all EOCs other than the English I exempted EOC, she would not need an IGC because she could graduate using her exemption.

When does the IGC meet?

This is one of the most frustrating parts of the statute.  The law provides that the school “shall establish an individual graduation committee at the end of or after the student’s 11th grade year to determine whether the student may qualify to graduate as provided by this section.” Unfortunately, the day before 12th grade graduation is still “after” the 11th grade year, and many schools have taken this approach of waiting to the last minute.  The good news?  The  law expressly permits schools to start the IGC process as soon as 11th grade ends.  There is no need to sweat graduation to the last minute.  Parents should request the IGC be established at the end of 11th grade and be persistent in the Fall of 12th grade.  The IGC can meet, prescribe any remediation required, and ease everyone’s concerns as the student completes any required work. If the school claims they do not meet until late spring, remember this is not a legal requirement.  Rather it is just a local preference.  There is no reason the school cannot get started in the fall.  You should  be  persistent with the campus and district administration seeking an early start to the process.  Engage your local school board if needed.  Keeping people hanging on and worried is unnecessary, counterproductive and often just punitive.  We should not tolerate it.  In all things, document in writing and record phone calls.

Do I have to keep taking the EOCs every time they come up?

NO!  Even the commissioner’s rules only require a single attempt.  The school is required to offer it.  Your choice not to take it does not disqualify you from IGC eligibility. When the IGC process was new, a very uninformed ESC put out a powerpoint claiming there was a two attempt requirement for IGC eligibility.  It spread like wildfire because there was no other guidance available.  We had to intervene to get this corrected at the ESC level, but many campuses still believe it.  Even in the last two years, Pearland ISD has claimed a two attempt requirement existed. It doesn’t.  We even wrote an article about it.  IGC Graduation Does NOT Require Two Failed Attempts on EOCs  The myth was so pervasive that the TEA even had to respond to it in its rulemaking,

99 Tex Reg 5900, 5901 (Oct. 11, 2019).  One attempt satisfies the commissioner’s rule.  Nothing else is required.

Who is a member of the IGC?

The commissioner rules (19 TAC 74.1025) answer this question.  The individual graduation committee shall consist of the following:

(1) the principal or principal’s designee;
(2) for each EOC assessment instrument on which the student failed to perform satisfactorily, the teacher of the course;
(3) the department chair or lead teacher supervising the teacher described by paragraph (2) of this subsection; and
(4) as applicable:
(A) the student’s parent or person standing in parental relation to the student;
(B) a designated advocate if the person described by subparagraph (A) of this paragraph is unable to serve; or
(C) the student, at the student’s option, if the student is at least 18 years of age or is an emancipated minor.

In the event that the teacher identified in subsection (f)(2) of this section is unavailable, the principal shall designate as an alternate member of the committee a teacher certified in the subject of the EOC assessment on which the student failed to perform satisfactorily and who is most familiar with the student’s performance in that subject area.

In the event that the individual identified in subsection (f)(3) of this section is unavailable, the principal shall designate as an alternate member of the committee an experienced teacher certified in the subject of the EOC assessment on which the student failed to perform satisfactorily and who is familiar with the content of and instructional practices for the applicable course.

A few practical notes: schools often try to stack these committees with all sorts of people that are not on the list above: counselors, testing coordinators, multiple administrators.  So long as the outlook is “how do we get this kid graduated” that shouldn’t be a problem.  However, if it starts to get contentious, realize that there may be people piping up who shouldn’t even be in the room.  It may make sense to identify who is actually on the committee and ask those who are not to either leave, or not interrupt the discussions.

With students who are 18, the parent is the presumed representative.  However, because the student has the option to serve instead, schools often pull students from class and try to do these meetings on little to no notice.  This is one reason to be proactive in getting the meetings scheduled.  Also, discuss the importance of the meeting with your kid and see if he will write a directive to the school that they want you representing them and should contact you for any meetings.

How does the IGC make its decision?

To understand the various factors the legislature requires the committee to review, it is helpful to look at the IGC meeting guide from ESC 12. (View the form here.)

In Section III you will find the required committee considerations.  No single factor has dispositive weight.  It is not the case that one “no” on a factor means you can’t graduate.  Rather the test is a balancing test and the committee can use its discretion to weight each factor as it sees fit.  At the end of the day, the committee can make a recommendation to graduate the student or not.  If the decision is to graduate them, they must require either a project in each lacking EOC course or the preparation and review of a portfolio demonstrating mastery of the subject.  We strongly urge parents to retain work from each EOC course that is not passed so the portfolio is a viable option.  Save good test results, papers that got good grades and any other work that shows the student has a mastery of the subject.  Without this, it is impossible to do a portfolio and you must default to a project, which means new work.

What can the IGC require for graduation?

A project or a portfolio for each course that does not have a passing EOC or substitute assessment must be assigned if the student is permitted to graduate.  The committee is also permitted to assign additional remediation in the subject areas.  This is another reason to demand an early IGC meeting.  If there is going to be remediation, the student should know about it well before graduation.

My schools says a project is required for the IGC, is this true?

No, there is no specified project requirement.  In theory, the IGC makes an individual determination for each student.  A project is one potential requirement.

How many votes do I need to graduate?

The decision of the committee must be unanimous.  This is why it is important that only the actual members participate and vote, and that anyone with a conflict of interest not participate.

Can I appeal a determination that denies graduation?

No, the decision of the committee is final.

Recommendations for Parents

  1. Try to use substitute assessments to graduate/gain eligibility for IGC.  If your student has successfully completed the substitute assessment requirements, they do not need an EOC result to graduate.  For students who approach senior year lacking assessments, ask whether the student has taken PSAT, SAT or ACT.  Many schools give PSATs to 9th graders.  Those results are in their file and may meet Algebra I or English I standards.  If the sub assessment score is good enough, you don’t need the EOC and might pick up the missing assessment you need to graduate or get to committee.
  2. Save all work from EOC courses.  Preserve the portfolio option!  Set aside tests, worksheets, projects and papers from each EOC course until you know if they have passed the EOC of substitute assessment.
  3. Start the IGC process early.  Do not wait for the school to contact you!  As soon as 12th grade starts, get that IGC issue in front of the school and get a meeting set.

TPERN Urges Comment Opposing Sub Assessment Rule

Written by admin on . Posted in Accountability, STAAR | EOC Testing. Leave a Comment

We know the TEA plans to make it harder for kids to use substitute assessments to graduate high school. This rule is the first step. Please read and send a comment to the TEA! We need to flood them to have a chance!!!
HOW DO WE COMMENT?
Go to the Web Address for Public Comment: https://form.jotform.com/81206305801142

WHAT IS THE ISSUE?

The TEA is proposing to require students to take the STAAR EOC at least one time before using a substitute assessment. This is not in the law and is not needed to address federal accountability concerns.
WHY IS THIS IMPORTANT?
Assessment policy is the business of the legislature. The federal government does not require EOCs for high school graduation. The Texas legislature has determined that students with good scores on national assessments should be able to use those in place of the STAAR EOC scores to satisfy state graduation requirements. The TEA is proposing to limit that ability by refusing to allow passing – even perfect – national assessment scores count unless the student first attempts the STAAR EOC. Anytime an agency thinks it has the power to override the law passed by our elected representative, it is important and we all should be concerned.
WHY ARE THEY DOING THIS?
Because the US Dept. of Education requires the state to assess kids three times during high school as part of their accountability plan. Since the scoring rubric is not the same on STAAR EOC and the national assessment, the feds will not let TEA count substitute assessments for accountability purposes. The TEA is messing with graduation requirements because they want every kid to take the STAAR for the federal government.
WHY DON’T THEY JUST REQUIRE THE KIDS TO TAKE THE EOC BUT NOT LIMIT THE GRADUATION OPTIONS THE LEGISLATURE CREATED?
The odd thing is, that is also in this rule. So we should ask what the real motive is for trying to make graduation by substitute assessment more difficult. The bottom line is that this rule on substitute assessment for graduation is absolutely not required for accountability reasons.
WHAT CAN I DO?

The TEA is accepting comments on this rule until November 12th. They can be made using an online form or by mail. Details and talking points are attached. If we want to have an impact, we must FLOOD them with opposition. Emphasize that part (c)(1) of this rule is absolutely not needed, because part (e) already requires the assessment for accountability purposes.

THEN WHAT?

Send us a copy of your submission to txedrights@gmail.com! Copy House Public Education vice-chair Diego Bernal at diego.bernal@house.texas.gov and Kirk Watson in the Senate: kirk.watson@senate.texas.gov. If you send your comment on or before October 25, add these words at the end: “I request a public hearing.”

See the notes here!!

https://docdro.id/OuJvGxW

TPERN Condemns TEA Proposal On Substitute Assessments; Accuses Commissioner of Exceeding Authority

Written by admin on . Posted in Accountability, STAAR | EOC Testing. Leave a Comment

Today the Texas Education Agency proposes a rule[1] that would tell a high school student who has met the required passing scores on state approved nationally recognized assessment instruments that they are not entitled to a Texas High School Diploma unless they also submit to take a state created assessment for which they have no required performance standard.  It is the ultimate bureaucratic creation of data for the sake of data, and it is an unnecessary, punitive measure intended to threaten and intimidate parents into abandoning control of the education of their children.  More importantly, it is an illegal attempt by the commissioner to substitute his judgment for the judgment of the legislature.  Any Texan who believes in the separation of powers and the rights of parents to direct the education of their children must oppose this rule.  TPERN will be asking its supporters to voice their opinion through the public comment process.

The TEA proposed rule is an unnecessary and improper incursion into the constitutional powers of the legislature.  The substitute assessment statute allows the commissioner to define a method for the use of substitute assessments, but it does not permit him to add impediments to their use not contained in the statute.  The law is clear that the legislature intends that “a student’s satisfactory performance [on a substitute] assessment instrument shall be used to satisfy the requirements concerning an end-of-course assessment instrument.”

The commissioner errs by adding an EOC attempt requirement where none exists and where the existing statute in fact contemplates the opposite.

“A student who fails to perform satisfactorily on a test or other assessment instrument authorized under this subsection, other than the PSAT or the ACT-Plan, may retake that test or other assessment instrument for purposes of this subsection or may take the appropriate end-of-course assessment instrument.  A student who fails to perform satisfactorily on the PSAT or the ACT-Plan must take the appropriate end-of-course assessment instrument.”

As set forth above, for instruments other than the PSAT and the ACT-Plan, the legislature clearly gives the student the choice of attempting another substitute OR taking the EOC.  The commissioners rule deprives the student of this choice.  Likewise, consider the clear statutory imperative of initial attempts in allowing the use of the TSI as a substitute assessment.  In that case the legislature wrote:

A student who, after retaking an end-of-course assessment instrument for Algebra I or English II, has failed to perform satisfactorily as required by Subsection (a), but who receives a score of proficient on the Texas Success Initiative (TSI) diagnostic assessment for the corresponding subject for which the student failed to perform satisfactorily on the end-of-course assessment instrument satisfies the requirement concerning the Algebra I or English II end-of-course assessment, as applicable.

Here the legislature has clearly required two attempts as a condition to using TSI scores as a substitute for Algebra I or English II EOCs.  The substitute assessment statutes are notably silent on any other pre-requisite attempts as a condition for the use of substitute assessments.

Where the legislature has expressed its will in one area relating to substitute assessments, but withheld any such requirements from other areas, the commissioner may not impose additional restrictions by rule.  The commissioner’s efforts to amend the statute by rulemaking exceed his authority and must be rejected.

Moreover, the restriction on graduation is wholly unnecessary.  What the commissioner wants is higher participation in the EOCs for accountability purposes.  This is accomplished simply with his amendment of Rule 101.4002 (e).  This amendment alone would require a student to take each EOC one time, but it would not prevent a qualified student from graduating if they failed to take the EOC.

By attempting to condition the use of substitute assessments on an initial failure of the state EOCs, the Commissioner markedly changes the law.  This is not a permissible use of rulemaking.  Moreover, it is wholly unnecessary.  The commissioner’s decision threatens to keep good students from graduating by rule when all statutory requirements have been met.  It cannot stand.

Finally, TPERN condemns the TEA’s willful avoidance of the legislature as the proper venue to address this issue.  In the proposed rule, the TEA admits that it was aware of the accountability issue since December 2018.  An entire legislative session passed without ANY ATTEMPT to adjust the substitute assessment statute.  Once the legislature had safely adjourned, the commissioner then undertook to change the law in the darkness of agency rulemaking, rather than in the sunshine of the Capitol dome.  This cynical approach to the rule of law demeans the vote of every Texan and should be repudiated by every sitting legislator.

[1] The proposed rule can be viewed at https://docdro.id/khK93zB

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