(a) Effective beginning with the 2017-2018 school year,
in accordance with the Texas Education Code (TEC), §28.02541,
a school district or an open-enrollment charter school may award a
high school diploma to an individual who:
(1) entered Grade 9 before the 2011-2012 school year;
(2) successfully completed the curriculum requirements
for high school graduation applicable to the individual when the individual
entered Grade 9;
(3) has not performed satisfactorily on an assessment
instrument or a part of an assessment instrument required for high
school graduation, including an alternate assessment instrument offered
under TEC, §39.025(c-2);
(4) has been administered at least three times the
required subject-areas test(s), including an alternate assessment
as specified in paragraph (3) of this subsection, for which the individual
has not performed satisfactorily on the exit-level assessment instrument
applicable to the individual when the individual entered Grade 9;
and
(5) meets the alternative requirements for graduation
in accordance with subsection (c) of this section or the local alternative
requirements approved by the board of trustees in accordance with
subsection (d) of this section.
(b) The school district or open-enrollment charter
school in which the individual is enrolled or was last enrolled shall
determine whether the individual may qualify to graduate and receive
a high school diploma on the basis of the alternative requirements
for graduation.
(c) The alternative requirements for graduation shall
permit an individual to qualify to graduate and receive a high school
diploma if the individual:
(1) has met the performance standard on an alternate
assessment as specified in §101.4003 of this title (relating
to Texas Assessment of Knowledge and Skills Exit-Level Alternate Assessments);
(2) has performed satisfactorily on the applicable
subject-area test of a state-approved high school equivalency examination
in accordance with §89.43(a)(4) of this title (relating to Eligibility
for a Texas Certificate of High School Equivalency);
(3) provides evidence of attainment of a Texas Education
Agency-approved industry-recognized postsecondary license or certification;
(4) provides evidence of current active duty service
in the armed forces or a DD Form 214 indicating honorable or general
discharge from the armed forces; or
(5) has successfully completed college-level coursework
and earned college credit.
(d) With approval by the school district board of trustees,
a school district may develop recommendations for local alternative
requirements if the requirements would allow an individual to demonstrate
proficiency in the content related to an examination for which the
individual has not performed satisfactorily.
(e) A decision regarding whether the individual qualifies
to graduate and receive a high school diploma is final and may not
be appealed.
(f) The school district or open-enrollment charter
school shall maintain documentation to support the decision to award
or not award an individual a high school diploma.
(g) Provisions of this section expire September 1,
2023.
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