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The Division of Higher Education may recognize a sub-score of nineteen (19) or higher in the applicable subject area on the ACT as meeting the requirements for passing end-of-course assessments under the Arkansas Academic Challenge Scholarship Program and the Arkansas Governor’s Scholars Program for a student who:

  1. (1) Has not had an opportunity to take an end-of-course assessment;

  2. (2) Has not passed the end-of-course assessment; or

  3. (3) Is attending a private school or home school.