(a) Graduation with a regular high school diploma terminates
a student's eligibility for special education services under this subchapter
and Part B of the Individuals with Disabilities Education Act (IDEA), 20 United
States Code, §§14.01 et seq. In addition, as provided in Texas Education
Code (TEC), §42.003(a), graduation with a regular high school diploma
terminates a student's entitlement to the benefits of the Foundation School
Program.
(b) A student receiving special education services may graduate
and be awarded a high school diploma only if:
(1) the student has satisfactorily completed the minimum academic
credit requirements for graduation applicable to students in general education,
including satisfactory performance on the exit level assessment instrument;
or
(2) The student has satisfactorily completed the minimum academic
credit requirements for graduation applicable to students in general education
and has been exempted from the exit-level assessment instrument because modifications
and accommodations provided during instruction would render the result of
the assessment invalid.
(c) A student receiving special education services may also
graduate and receive a regular high school diploma when the student's admission,
review, and dismissal (ARD) committee has determined that the student has
successfully completed the student's individualized education program (IEP),
including the district's minimum credit requirements for students without
disabilities. Successful completion of an IEP occurs when one of the following
conditions has been met:
(1) full-time employment, based on the student's abilities
and local employment opportunities, in addition to sufficient self-help skills
to enable the student to maintain the employment without direct and ongoing
educational support of the local school district;
(2) demonstrated mastery of specific employability skills and
self-help skills which do not require direct ongoing educational support of
the local school district; or
(3) access to services which are not within the legal responsibility
of public education, or employment or educational options for which the student
has been prepared by the academic program.
(d) A student receiving special education services may also
graduate and receive a regular high school diploma upon the ARD committee
determining that the student no longer meets age eligibility requirements
and has completed the requirements specified in the IEP.
(e) When considering graduation under subsection (c) of this
section, the ARD committee shall, when appropriate, seek in writing and consider
written recommendations from appropriate adult service agencies and the views
of the parent and, when appropriate, the student.
(f) Employability and self-help skills referenced under subsection
(c) of this section are those skills directly related to the preparation of
students for employment, including general skills necessary to obtain or retain
employment.
(g) Students with disabilities who are eligible to take the
exit level assessment instrument but have not performed satisfactorily are
eligible for instruction in accordance with the TEC, §39.024.
(h) For students who receive a diploma according to subsection
(c) of this section, the ARD committee shall determine needed educational
services upon the request of the student or parent to resume services, as
long as the student meets the age eligibility requirements.
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