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) Has not had an opportunity to take an end-of-course assessment;
(2) Has not passed the end-of-course assessment; or
(3) Is attending a private school or home school.