1. (a) A vocational nursing education program shall not use a student's score on a standardized examination prepared by a private entity:

   1. (1) as a graduation requirement; or
   2. (2) as the basis for denying the student an affidavit of graduation.
2. (b) A vocational nursing education program shall not use a student's score on one or more standardized examinations prepared by a private entity to account for more than 10 percent of the student's final grade in any course provided under the program. At least 90 percent of a student's final grade in each course provided under the program must be based on metrics other than the student's scores on standardized examinations prepared by a private entity.

3. (c) A vocational nursing education program may use a standardized examination prepared by a private entity only to:

   1. (1) familiarize students with computerized testing;

   2. (2) assess potential or enrolled students, including by using student scores on standardized examinations prepared by a private entity:

      1. (A) as one component of program admissions criteria;
      2. (B) in evaluating a student's strengths and weaknesses for remediation purposes; and
      3. (C) to identify students who are experiencing academic difficulties and require early remediation; and

   3. (3) assess the effectiveness of the program by providing:

      1. (A) trend data on student performance;
      2. (B) a comparison of student performance with nationwide averages;
      3. (C) feedback regarding student knowledge of program content;
      4. (D) data necessary to monitor the effectiveness of specific course, level, and program curriculum revisions;
      5. (E) data necessary to evaluate the effectiveness of program curriculum content for revision purposes; and
      6. (F) a measure of student mastery of program content.
4. (d) A vocational nursing education program that determines, on the basis of a student's score on a standardized examination by a private entity, that the student is in need of remediation, shall not require the student to attend any course offered by the private entity that created the standardized examination.
5. (e) Failure to comply with the requirements of this section will subject a vocational nursing education program to board disciplinary action, including a change in the program's approval status under §214.4 of this title (relating to Approval).

Source Note:The provisions of this §214.14 adopted to be effective March 21, 2024, 49 TexReg 1713.