It’s That Time of Year!
What is the most common question this time of year?
How do I opt out?
Second most common?
Where do I find the opt out letter?
The answer to both questions is here:
https://www.txedrights.net/opting-out-step-by-step/
Can I Opt Out at My Charter/Online/Magnet/Transfer School?
One of the most common questions we get involves whether Opt Out is possible when you are attending a school other than your local neighborhood school. This is a valid question, because your situation in a charter school, a magnet school, or as a transfer or online student is different than when you are attending your assigned local campus. While the state has an obligation to provide your student with a free public education, they have no obligation to guarantee you access to any special program. When you look for a magnet school opening or enroll in a charter, you have sought a special privilege for your child. And the state can condition the terms by which you enjoy the privilege.
But this is the important part: you can still opt out. Even when you are partaking of the privilege, there is no means by which the school can compel your participation. The consequences of non-participation as a student in a school of choice is different than at your neighborhood campus. It is important that you understand these differences. But also understand our position here: the enjoyment of your privilege is NEVER a reason to agree to participate in STAAR.
Please watch the video below for more information.
Unlock with PatreonTEA Adopts Updated Substitute Assessment Chart
On July 25, 2025 the proposed update to the substitute assessment chart completed the rulemaking process and became effective. A copy of the new chart is embedded below. ‘
202502048-1The revision of the chart was necessary due to the elimination of the SAT Subject tests and changes to the ACT assessment program for students taking preliminary assessments. There is one tremendously good piece of news in this update. The PACT substitutes can substitute for biology if the required score it attained. This opens another option for students to substitute for biology earlier in their high school careers.
Pre-ACT assessments are administered at a local level. Check with your counselor to see if they are offered. If not, you can contact ACT to see if they can assist in finding a testing site solution.
An FAQ on Substitute Assessments
Updated – February 26, 2026
- Are schools required to provide you with access to substitute assessments?
- No. Although many schools do offer PSAT, SAT or TSI (often without charge), they are not required to. If your school does, by all means use that resource, but ultimately, the parent wanting to use substitute assessments is responsible for registering for the assessment and providing the school with a record of the score report sufficient to meet the Commissioner’s Rules.
2. I got a qualifying sub assessment score before I took the class. Can I use it to substitute?
- Yes, but you cannot substitute it until you are actually enrolled in the class.
3. Where can I find the list of the substitute assessments and passing scores?
- There is a graphic attached to Commissioner’s Rule 19 TAC §101.4002. It can be searched through the TEA website, or going to the Texas Administrative Code. The Texas Administrative Code version is always Current. Note: As of the current update, the Texas Administrative Code website has been under construction. Please notify us of any dead links. (Our current link) Note: The Commissioner is currently considering amendments to the schedule which overall will be favorable to parents.
4. Can I use dual credit classes as a substitute assessment?
- No. Oddly, the Texas legislature does not consider obtaining college credit in a subject evidence that you learned enough about the subject to graduate high school. The current statute only permits the use of assessment instruments to serve as substitute assessments. It certainly could be a point to be argued in an IGC meeting for that subject though.
5. Do I need a specific score to use a substitute assessment?
- Yes, refer to the graphic referenced in FAQ 3.
6. Do you have to attempt the EOC before using the substitute assessment?
- No, with one exception. Depending on the intended use, the TSI may require one or two attempts at the corresponding EOC before it can be substituted. For all other substitutes, no prior attempt on the EOC is required.
7. Does my “zero” from refusing STAAR count as an attempt?
- Yes, so long as your score report shows you were scored but did not meet grade level. Results such as Absent – Not Scored and Other – Not Scored do not constitute an “attempt.”
8. My school says they don’t have to accept my substitute assessment until I have exhausted all STAAR opportunities. Is this true?
- No. While they may not be required to update your records until they would normally update STAAR results, they have no discretion to “not accept” a qualifying score. This is one reason we suggest parents submit the documentation of the score and ask the school to confirm that the assessment meets the exit level requirement for whatever EOC it is being offered as a substitute for. If they refuse, you should timely institute a grievance.
9. My school says their district policy requires passing STAAR to graduate and they don’t recognize substitute assessments. What do I do?
- Remind them that the use of substitute assessments to meet high school graduation requirements is a state law enacted by the legislature. A school or a district does not have the authority to decide they will not follow the law.
10. Can you explain what English EOC the TSIA2 substitutes for?
- Yes. The English 2 EOC can be replaced by a passing TSIA2 English score if the students has made two prior attempts at the STAAR EOC and failed to achieve the passing score. This means you need at least two score reports in the portal for English 2 EOC. If the student has taken the College Bridge/College Prep course in English and passes the TSIA, it can substitute for both English 1 and English 2. TSIA substitution after College Prep courses does not have a prior attempt requirement.
11. Are charter schools allowed to deny substitute assessments and require EOC passage for graduation.
- No. The use of substitute assessments is a statutory right in the Education Code. The charter schools are not exempt from Chapter 39 of the Education Code.
12. Can I use substitute assessments to get to an IGC?
- Absolutely. Remember the IGC language looks at the number of EOCs you still need to pass for graduation (no more than two), and not at the number you have already passed. So if you have satisfied exit level requirements by substitute assessment on enough EOCs that you only need two or fewer EOC subjects to graduate, you are entitled to an IGC.
13. What is the TSIA2 and where do I take it?
- The TSIA2 is a remnant of the old student success initiative. It is used by public institutions of higher education in Texas to determine whether a student requires remedial coursework before taking certain credit classes. The TSIA2 can be used as described above as a substitute assessment. Many schools administer the TSI on campus. If yours does not, you can generally either schedule or sometimes walk-in to a local community college and take it there.
14. I did not get a high enough score on my substitute assessment to replace the EOC. What do I do now?
- You can attempt any substitute assessment as many times as you like. Any successful score can be used as a substitute no matter how many unsuccessful attempts you have. If you are getting concerned about graduation, remember to review our graduation article and particularly the CVEP option.
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The HB 4 Scam – STAAR Cubed
We’ve previously posted online why we are not convinced that HB 4 is any real improvement to the STAAR assessment system. In a nutshell, it does not remove high stakes (no matter what the house members said), though it was positive in that it moved away from state created assessments to nationally norm-referenced assessments and reduced assessment to the minimum required by the federal government. So all the extra Texas assessments would have been out the window. All that had to happen was for it to pass the Senate. Enter the dinosaurs on the Senate Education K-16 Committee. Assessment reform is not on their agenda.
If anyone thought for a minute that the intent of HB4 was to move away from high stakes, STAAR modeled assessment, the Senate hearing on the bill, and its committee substitute, extinguished that hope as quickly as Greg Abbott can hand over education tax dollars to private companies.
The hearing started with the Senate sponsor explaining how this bill will “fix” the problem of schools suing over the accountability rating system. Because it is far more important that we provide these artificial and easily rigged A-F grades on schools, than that we allow the arbitrary conceptions of the TEA to be challenged in court. It includes a provision that lets the commissioner appoint a conservator over a school district that sues the TEA over accountability, and the empowers the conservator to drop the suit. Neat trick. We’re busted and about to lose, let’s decapitate our opponents. But we have to have those ratings.
And to get those ratings what do we need? Test scores. Oh yes. We have to have scores to crunch the data. And the pro-test lobby was lined up to support it. Texas business lobbyists claiming Texas businesses depend on our accountability system. I want to remind you all that when HB 4 passed the House, we heard three things: “It removes high stakes” “it decreases assessment to the minimum” and “It will be a nationally normed reference assessment.” This sounded great, especially taking assessment development out of the hands of the TEA. Guess what the Senate committee substitute did? It left unchanged the use of criterion referenced testing. As they said “A Texas test” using “Texas TEKS” created by the State of Texas. This is STAAR. Another witness mentioned that this substitute also removes new performance indicators that aren’t as “measurable” as test scores, because of fear that they would artificially “inflate” accountability ratings, because we need “clarity” and “rigor” in our school ratings. So human factors out. More testables, in.
And about this new focus on growth? Turns out in the Senate committee substitute of HB 4, those BOY and MOY assessments we hear so much about are actually optional. Which means the only assessment that can actually counted for accountability is the EOY, just like STAAR. So where do we think the districts’ focus will be?
Now a brief aside. HB2 which created the voucher system, requires voucher recipients to take nationally normed assessments as part of the requirements to get and use vouchers. If Senate substitute for HB 4 had changed the state assessment to a nationally normed assessment (as the House version of the bill did), we could have compared national percentile results between voucher recipients, charter students, and traditional public school students. By going back to criterion reference, the Senate assures that no meaningful comparison can be made about how voucher recipients are performing vis a vis public school students. Diabolically clever.
Guess what else? We are still going to do assessments that the federal government does not require. The Senate substitute puts Social Studies back into the assessment cycle. So much for that. After all, Sen. Bettancourt thinks that not giving mandatory state assessments on social studies dishonors or veterans. Maybe, but not as much as the braindead assessment love of this state. We are every bit deserving of our #42 national ranking in education.
House Promises: No high stakes
Senate Plan: High stakes remain unchanged
House Promises: Shorter assessments
Senate Plan: Add BOY and MOY assessments, EOY assessment only needs to be shorter than STAAR “to the extent practicable”
House Promises: Nationally normed assessments
Senate Plan: TEA created criterion referenced assessments
House Promises: Remove assessments not required by NCLB/ESSA
Senate Plan: Keep assessments that are not required by NCLB/ESSA, including US History and English 2 as exit level assessments
So IF this legislation passes, we will see (1) the TEA develop a new TEKS based test that is (2) not aligned to any national instruments for (3) assessments both required by federal law and added by state choice. High stakes remains in HS graduations. High stakes remains in accountability. The only change you will see is more assessment and more intervention. Thank you for playing. THIS IS TEXAS.
