Texas Education Code

Sec. § 51.338
Exemptions


(a)

An institution of higher education may exempt a non-degree-seeking or non-certificate-seeking student from the requirements of this subchapter.

(b)

A student who has achieved a score set by the board on the SAT or ACT is exempt from the requirements of this subchapter. An exemption under this subsection is effective for the five-year period following the date a student takes the test and achieves the standard set by the board.

(c)

A student who has achieved scores set by the board on the questions developed for end-of-course assessment instruments under Section 39.0233 (Special-purpose Questions Included in End-of-course Assessment Instruments)(a) is exempt from the requirements of this subchapter. The exemption is effective for the three-year period following the date a student takes the last assessment instrument for purposes of this subchapter and achieves the standard set by the board. This subsection does not apply during any period for which the board designates the questions developed for end-of-course assessment instruments under Section 39.0233 (Special-purpose Questions Included in End-of-course Assessment Instruments)(a) as the primary assessment instrument under this subchapter, except that the three-year period described by this subsection remains in effect for students who qualify for an exemption under this subsection before that period.

(d)

A student who has demonstrated the performance standard for college readiness as provided by Section 28.008 (Advancement of College Readiness in Curriculum) on the postsecondary readiness assessment instruments adopted under Section 39.0238 (Adoption and Administration of Postsecondary Readiness Assessment Instruments) for Algebra II and English III is exempt from the requirements of this subchapter with respect to those content areas. The commissioner of higher education by rule shall establish the period for which an exemption under this subsection is valid.

(e)

A student who successfully completes a college preparatory course under Section 28.014 (College Preparatory Courses) is exempt from the requirements of this subchapter with respect to the content area of the course, provided that the student satisfies the requirements of Subsection (f) of this section. The exemption is effective for the two-year period following the date the student graduates from high school. The exemption applies only at the institution of higher education that partners with the school district in which the student is enrolled to provide the course, except that the commissioner of higher education by rule may determine the manner in which the exemption may be applied to institutions of higher education other than the partnering institution.

(f)

A student receiving an exemption under Subsection (e) must enroll in a college-level course in the exempted content area during the student’s first year of enrollment at an institution of higher education occurring after the student qualifies for the exemption. If the student earns a grade below a “C” for the course, the institution shall advise the student of non-course-based options for attaining college readiness, such as tutoring or accelerated learning.

(g)

The board shall:

(1)

collect and analyze data regarding the effectiveness of college preparatory courses provided under Section 28.014 (College Preparatory Courses) in assisting students to become ready to perform freshman-level academic coursework, as measured by the rate at which students receiving an exemption under Subsection (e) successfully complete the course described by Subsection (f); and

(2)

in November of each even-numbered year, submit a report of the board’s findings to the governor, the lieutenant governor, the speaker of the house of representatives, the standing legislative committees with primary jurisdiction over higher education, and each institution of higher education and school district that offers a college preparatory course under Section 28.014 (College Preparatory Courses).

(h)

A student who has achieved a score set by the board on a high school equivalency examination administered under Section 7.111 (High School Equivalency Examinations) is exempt from the requirements of this subchapter. The commissioner of higher education by rule shall establish the period for which an exemption under this subsection is valid.
Acts 2003, 78th Leg., ch. 820, Sec. 37(b), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 17, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 61, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 965 (H.B. 1244), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 965 (H.B. 1244), Sec. 3, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1049 (S.B. 5), Sec. 6.01, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1183 (H.B. 3468), Sec. 3, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 62(a), eff. June 10, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 63(a), eff. June 10, 2013.
Acts 2015, 84th Leg., R.S., Ch. 518 (H.B. 1054), Sec. 1, eff. June 16, 2015.
Acts 2015, 84th Leg., R.S., Ch. 638 (S.B. 1776), Sec. 1, eff. June 16, 2015.
Acts 2015, 84th Leg., R.S., Ch. 988 (H.B. 18), Sec. 6(a), eff. June 19, 2015.
Transferred, redesignated and amended from Education Code, Section 51.3062 by Acts 2017, 85th Leg., R.S., Ch. 842 (H.B. 2223), Sec. 1.09, eff. June 15, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1086 (H.B. 1891), Sec. 1, eff. September 1, 2019.

(b)

A student who has achieved a score set by the board on the SAT or ACT is exempt from the requirements of this subchapter. An exemption under this subsection is effective for the five-year period following the date a student takes the test and achieves the standard set by the board.

(c)

A student who has achieved scores set by the board on the questions developed for end-of-course assessment instruments under Section 39.0233 (Special-purpose Questions Included in End-of-course Assessment Instruments)(a) is exempt from the requirements of this subchapter. The exemption is effective for the three-year period following the date a student takes the last assessment instrument for purposes of this subchapter and achieves the standard set by the board. This subsection does not apply during any period for which the board designates the questions developed for end-of-course assessment instruments under Section 39.0233 (Special-purpose Questions Included in End-of-course Assessment Instruments)(a) as the primary assessment instrument under this subchapter, except that the three-year period described by this subsection remains in effect for students who qualify for an exemption under this subsection before that period.

(d)

A student who has demonstrated the performance standard for college readiness as provided by Section 28.008 (Advancement of College Readiness in Curriculum) on the postsecondary readiness assessment instruments adopted under Section 39.0238 (Adoption and Administration of Postsecondary Readiness Assessment Instruments) for Algebra II and English III is exempt from the requirements of this subchapter with respect to those content areas. The commissioner of higher education by rule shall establish the period for which an exemption under this subsection is valid.

(e)

A student who successfully completes a college preparatory course under Section 28.014 (College Preparatory Courses) is exempt from the requirements of this subchapter with respect to the content area of the course, provided that the student satisfies the requirements of Subsection (f) of this section. The exemption is effective for the two-year period following the date the student graduates from high school. The exemption applies only at the institution of higher education that partners with the school district in which the student is enrolled to provide the course, except that the commissioner of higher education by rule may determine the manner in which the exemption may be applied to institutions of higher education other than the partnering institution.

(f)

A student receiving an exemption under Subsection (e) must enroll in a college-level course in the exempted content area during the student’s first year of enrollment at an institution of higher education occurring after the student qualifies for the exemption. If the student earns a grade below a “C” for the course, the institution shall advise the student of non-course-based options for attaining college readiness, such as tutoring or accelerated learning.

(g)

The board shall:

(1)

collect and analyze data regarding the effectiveness of college preparatory courses provided under Section 28.014 (College Preparatory Courses) in assisting students to become ready to perform freshman-level academic coursework, as measured by the rate at which students receiving an exemption under Subsection (e) successfully complete the course described by Subsection (f); and

(2)

in November of each even-numbered year, submit a report of the board’s findings to the governor, the lieutenant governor, the speaker of the house of representatives, the standing legislative committees with primary jurisdiction over higher education, and each institution of higher education and school district that offers a college preparatory course under Section 28.014 (College Preparatory Courses).
Acts 2003, 78th Leg., ch. 820, Sec. 37(b), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 17, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 61, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 965 (H.B. 1244), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 965 (H.B. 1244), Sec. 3, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1049 (S.B. 5), Sec. 6.01, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1183 (H.B. 3468), Sec. 3, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 62(a), eff. June 10, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 63(a), eff. June 10, 2013.
Acts 2015, 84th Leg., R.S., Ch. 518 (H.B. 1054), Sec. 1, eff. June 16, 2015.
Acts 2015, 84th Leg., R.S., Ch. 638 (S.B. 1776), Sec. 1, eff. June 16, 2015.
Acts 2015, 84th Leg., R.S., Ch. 988 (H.B. 18), Sec. 6(a), eff. June 19, 2015.
Transferred, redesignated and amended from Education Code, Section 51.3062 by Acts 2017, 85th Leg., R.S., Ch. 842 (H.B. 2223), Sec. 1.09, eff. June 15, 2017.
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Jun. 7, 2021