TEXAS EDUCATION AGENCY

Texas Administrative Code, Title 19, Part II


Subchapter C. General Educational Development

Statutory Authority: The provisions of this Subchapter C issued under the Texas Education Code, §7.111, unless otherwise noted.

§89.41. Policy.

     The Texas Education Agency (TEA) shall be the only agency in
     Texas authorized to issue a certificate of high school
     equivalency on the basis of the General Educational
     Development (GED) Tests. Tests shall be administered by
     authorized contracted testing centers under applicable state
     law and rules of the American Council on Education and the
     State Board of Education (SBOE).

Source: The provisions of this §89.41 adopted to be effective September 1, 1996, 21 TexReg 5690.


§89.42. Official Testing Centers.

(a)  When authorized by the Texas Education Agency (TEA),
     official testing centers shall be established by annual
     contract with an accredited school district, institution of
     higher learning, or education service center (ESC). The
     testing center must be located at a high school in an
     accredited district, an adult learning center, an accredited
     institution of higher learning, or ESC. The chief
     administrative officer of a school, institution of higher
     learning, or ESC desiring to provide the General Educational
     Development (GED) testing service to residents in the
     community must request authorization to do so from TEA. If
     the need for a testing center in the location exists, the
     appropriate agency official, in writing, shall inform the
     American Council on Education that the establishment of an
     official testing center is authorized at that particular
     institution. The center shall be sent four copies of an
     annual contract, together with order forms and other
     material, relating to the operation of the testing center.
     The contract forms must be signed by the chief
     administrative officer of the school, institution of higher
     learning, or ESC.

(b)  The chief administrative officer of the school, institution
     of higher learning, or ESC at which an official testing
     center is established must agree to maintain test records
     permanently, to provide appropriate storage for restricted
     test materials, and to provide a suitable place for
     administering the test. Each center is responsible for
     selecting and ordering test materials.

(c)  The administrative officer of a school district or ESC must
     designate a certified counselor, and the administrative
     officer of an institution of higher learning must designate
     a professional person with a background in testing and
     counseling, to serve as chief examiner. The person
     designated as chief examiner shall not be involved in
     preparing persons for the examinations. The chief
     administrative officer must obtain prior authorization from
     TEA to change the chief examiner or the location of a
     testing center. The person designated as chief examiner must
     attend annual training conducted by TEA.

(d)  A testing center may transport restricted test material to
     correctional facilities, health facilities, or schools if
     authorization to do so has been obtained. The chief
     administrative officer of an institution housing an official
     testing center and the administrator of the correctional
     facility, health facility, or school must request
     authorization to provide the testing services from TEA. Only
     the exact number of tests needed at a test session may be
     transported. Testing services at correctional or health
     facilities shall be limited to inmates or patients of the
     facility, and the tests must be administered by an employee
     of the school district, institution of higher learning, or
     ESC housing the test center.

(e)  The authorization to function as an official testing center
     may be withdrawn by TEA when a center has failed to maintain
     the integrity of the testing program. The TEA may suspend
     testing at a center if restricted test material is reported
     missing or if conditions reported by the TEA monitoring
     visit indicate that the testing center is in violation of
     State Board of Education (SBOE) rules or requirements of the
     American Council on Education.

(f)  An official testing center may charge a fee for test
     administration. The amount of the fee shall be determined by
     the administration or board of the school district,
     institution of higher learning, or ESC.

(g)  The administration or board of an institution housing an
     official testing center shall have a written policy
     concerning the operation of the center. This policy must
     provide that the chief administrative officer or chief
     examiner of the testing center shall prepare an annual
     report concerning the center for review by the
     administration or board of each institution. The report must
     include the number of tests administered and fees received.

Source: The provisions of this §89.42 adopted to be effective September 1, 1996, 21 TexReg 5690.


§89.43. Eligibility for a Texas Certificate of High School Equivalency.

(a)  An applicant for a certificate of high school equivalency
     shall meet the following requirements.

     (1)  Residence. The applicant must be a resident of Texas or
          a member of the United States armed forces stationed at
          a Texas installation.
     
     (2)  Age. The applicant must be 18 years old. An applicant
          who is 17 years of age is eligible with parental or
          guardian consent. An applicant who is 17 years of age
          must present written permission signed by the
          applicant's parent or guardian. An applicant who is 17
          years of age and married, who has entered military
          service, who has been declared an adult by the court,
          or who has otherwise legally severed the child/parent
          relationship is not required to present parent or
          guardian permission to be tested. Any applicant who is
          at least 16 years of age may test if recommended by a
          public agency having supervision or custody under a
          court order. Recommendations must include the
          applicant's name and date of birth and must be signed
          by an official of the public agency having supervision
          or custody of the person under a court order.
     
     (3)  Educational status. The applicant must not be enrolled
          in school and must not have received a high school
          diploma from an accredited high school in the United
          States. A student who is 17 years of age is eligible to
          test if the student has participated in an in-school
          program approved by the Texas Education Agency (TEA) to
          prepare for the General Educational Development (GED)
          Test.
     
     (4)  Minimum test scores. An applicant must achieve a 
          standard score of 40 or above on each of the five 
          parts of the test and achieve an average standard 
          score of 45 on all five parts of the test. An 
          applicant who achieved scores of 35 on each of 
          the five tests prior to January 1, 1959, or who 
          achieved 40 or above on each test or a 45 average 
          on all five tests prior to January 1, 1997, may
          be issued a certificate.
     
(b)  Test centers shall verify that any person being tested meets
     the eligibility requirements in this section.

Source: The provisions of this §89.43 adopted to be effective September 1, 1996, 21 TexReg 5690; amended to be effective September 1, 1999, 24 TexReg 386.


§89.44. Identification.

     Test centers shall require each examinee to present a
     driver's license or Texas Department of Public Safety (DPS)
     identification card, or a notarized statement bearing the
     examinee's name, date of birth, recent photograph, and
     signature.

Source: The provisions of this §89.44 adopted to be effective September 1, 1996, 21 TexReg 5690.


§89.45. Retesting.

     An examinee who fails to achieve a minimum passing score on
     one or more of the tests may retest on the tests he or she
     failed. A person desiring to retest must wait six months to
     do so unless he or she presents a letter from an adult
     preparation program or a certified teacher verifying that
     the individual is prepared to retest. Each retest must be on
     a different form of the test.

Source: The provisions of this §89.45 adopted to be effective September 1, 1996, 21 TexReg 5690.


§89.46. Examinees with Disabilities.

(a)  A physically disabled person who is unable to mark an answer
     sheet may be assisted by the chief examiner or proctor. The
     examinee must read the questions without assistance and
     indicate the answer for the proctor to mark.

(b)  A severely handicapped or ill person who cannot travel to
     the test center may be administered the tests at home. Prior
     approval to transport the tests shall be requested of the
     Texas Education Agency (TEA) by the chief examiner.

(c)  An applicant who is unable to take the printed form of the
     test may be administered a taped version of the test upon
     written authorization of TEA. A request by the chief
     examiner must be accompanied by certification by a physician
     that verifies a medical diagnosis of the disability that
     renders the potential examinee unable to take the printed
     form of the test.

(d)  An applicant who is visually handicapped may take the test
     in a braille, large print, or taped version. Versions of the
     test in these forms are available from TEA.

Source: The provisions of this §89.46 adopted to be effective September 1, 1996, 21 TexReg 5690.


§89.47. Issuance of the Certificate.

(a)  Test scores shall be accepted as official only when reported
     directly by official testing centers, the Defense Activity
     for Nontraditional Education Support, directors of Veterans
     Administration hospitals, and, in special cases, by the
     General Educational Development (GED) Testing Service.

(b)  Following review for eligibility and approval, certificates
     will be issued directly to clients. A nonrefundable fee of
     $10 will be assessed for issuance of a certificate and a 
     copy of test scores. A permanent file shall be maintained 
     for all certificates issued.

(c)  The certificate of high school equivalency shall indicate
     the version of the test taken by the applicant: audiotape,
     large print, braille, English, French, or Spanish.

(d)  The state GED administrator may disapprove issuance of a
     certificate or may cancel a certificate under the following
     conditions:

     (1)  an applicant does not meet eligibility requirements
          under §89.43 of this title (relating to Eligibility for
          a Texas Certificate of High School Equivalency);
     
     (2)  the applicant in any way violates security of the
          restricted test material;
     
     (3)  the applicant presents fraudulent identification or is
          not who he or she purports to be;
     
     (4)  the applicant uses another person's certificate or test
          scores in an attempt to defraud; or
     
     (5)  the applicant willingly allows another person to use
          his or her certificate or test scores in an attempt to
          defraud.
     
(e)  In the case of nonissuance or cancellation of a certificate,
     the applicant shall be notified in writing by the GED
     administrator that the certificate will not be issued or may
     be canceled.

(f)  An applicant who has been notified that his or her
     certificate will not be issued or may be canceled may appeal
     to the state GED administrator within 30 days of receiving
     written notification.

(g)  If, after further review, the state GED administrator does
     not approve issuance of the certificate or cancels a
     certificate, this decision may be appealed to the
     commissioner of education under Chapter 157 of this title
     (relating to Hearings and Appeals).

Source: The provisions of this §89.47 adopted to be effective September 1, 1996, 21 TexReg 5690; amended to be effective September 1, 1999, 24 TexReg 386.


§89.48. State Administrator.

     The commissioner of education shall designate the state
     administrator of General Educational Development (GED)
     testing and the certificate of high school equivalency
     program.

Source: The provisions of this §89.48 adopted to be effective September 1, 1996, 21 TexReg 5690.