(a) Graduation with a regular high school diploma under subsection
(b) or (d) of this section 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, §§1400
et seq. In addition, as provided in Texas Education Code (TEC), §42.003(a),
graduation with a regular high school diploma under subsection (b) or (d)
of this section 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 if:
(1) the student has satisfactorily completed the state's or
district's (whichever is greater) minimum curriculum and 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 state's or
district's (whichever is greater) minimum curriculum and credit requirements
for graduation applicable to students in general education and has been exempted
from the exit-level assessment instrument under TEC, §39.027(a)(2)(B).
(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:
(1) the student's individualized education program (IEP) and
met one of the following conditions:
(A) 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;
(B) demonstrated mastery of specific employability skills and
self-help skills which do not require direct ongoing educational support of
the local school district; or
(C) 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;
(2) the state's or district's (whichever is greater) minimum
credit requirements for students without disabilities; and
(3) the state's or district's minimum curriculum requirements
to the extent possible with modifications/substitutions only when it is determined
necessary by the ARD committee for the student to receive an appropriate education.
(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 a student's graduation under subsection
(c) of this section, the student shall be evaluated prior to graduation as
required by 34 CFR, §300.534(c), and the ARD committee shall consider
the evaluation, the views of the parent and/or student as appropriate, and,
when appropriate, seek in writing and consider written recommendations from
adult service agencies.
(f) Students who participate in graduation ceremonies but who
are not graduating under subsection (c) of this section and who will remain
in school to complete their education do not have to be evaluated in accordance
with subsection (e) of this section.
(g) 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.
(h) 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.
(i) 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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