|(a) Effective beginning with the 2014-2015 school year,
in accordance with the Texas Education Code (TEC), §28.0258, §101.3022
of this title (relating to Assessment Requirements for Graduation),
and the course requirements in Chapter 74, Subchapter B, of this title
(relating to Graduation Requirements), a school district or an open-enrollment
charter school may award a high school diploma to a student who has
taken but failed to achieve the end-of-course (EOC) assessment graduation
requirements for no more than two courses if the student has qualified
to graduate by means of an individual graduation committee.
(b) A school district or an open-enrollment charter
school shall establish an individual graduation committee at the end
of or after a student's 11th grade year to determine whether the student
may qualify to graduate. A student may not qualify to graduate as
a result of an individual graduation committee decision before the
student's 12th grade year.
(c) A school district or an open-enrollment charter
school may not establish an initial individual graduation committee
for eligible students after June 10 or before the start of the next
school year. Once the individual graduation committee has been established,
it is the original individual graduation committee for that student.
(d) In order for a student to be included as a graduate
in the school district's or charter school's graduation data in the
school year in which the student meets the requirements provided by
law to graduate under individual graduation committee provisions,
an individual graduation committee must make a decision to award a
diploma no later than August 31 immediately following that school
year. A student who graduates as a result of an individual graduation
committee decision after August 31 shall be reported in the subsequent
year's graduation data.
(e) If a student leaves a school district after an
original individual graduation committee has been established and
before that original individual graduation committee awards a high
school diploma to the student, any other district that later enrolls
the student shall request information from the student's original
individual graduation committee of record and shall implement the
original individual graduation committee recommendations to the extent
(f) The individual graduation committee shall consist
of the following:
(1) the principal or principal's designee;
(2) for each EOC assessment instrument on which the
student failed to perform satisfactorily, the teacher of the course;
(3) the department chair or lead teacher supervising
the teacher described by paragraph (2) of this subsection; and
(4) as applicable:
(A) the student's parent or person standing in parental
relation to the student;
(B) a designated advocate if the person described by
subparagraph (A) of this paragraph is unable to serve; or
(C) the student, at the student's option, if the student
is at least 18 years of age or is an emancipated minor.
(g) In the event that the teacher identified in subsection
(f)(2) of this section is unavailable, the principal shall designate
a teacher certified in the subject of the EOC assessment on which
the student failed to perform satisfactorily and who is most familiar
with the student's performance in that subject area as an alternate
member of the committee.
(h) In the event that the individual identified in
subsection (f)(3) of this section is unavailable, the principal shall
designate an experienced teacher certified in the subject of the EOC
assessment on which the student failed to perform satisfactorily and
who is familiar with the content of and instructional practices for
the applicable course.
(i) In the event that the student's parent or person
standing in parental relation to the student is unavailable to participate
in the individual graduation committee, the principal shall designate
an advocate with knowledge of the student to serve as an alternate
member of the committee.
(j) Each school district and open-enrollment charter
school shall report through the Texas Student Data System Public Education
Information Management System (TSDS PEIMS) the following:
(1) the number of students each school year for which
an individual graduation committee is established; and
(2) the number of students each school year who are
awarded a diploma based on the decision of an individual graduation
(k) A district shall maintain documentation to support
the decision of the individual graduation committee to award or not
award a student a high school diploma.
(l) This section only applies to a student classified
by the school district or open-enrollment charter school as an 11th
or 12th grade student in the 2014-2015, 2015-2016, 2016-2017, 2017-2018,
or 2018-2019 school year.
(m) Provisions of this section expire September 1,
2019. A student may graduate by means of an individual graduation
committee if the student has qualified for an individual graduation
committee under the TEC, §28.0258, and the individual graduation
committee convened prior to September 1, 2019.
(n) A student receiving special education services
is not subject to the individual graduation committee requirements
in the TEC, §28.0258, or the provisions of this section. As provided
in §89.1070 of this title (relating to Graduation Requirements)
and §101.3023 of this title (relating to Participation and Graduation
Assessment Requirements for Students Receiving Special Education Services),
a student's admission, review, and dismissal (ARD) committee determines
whether a student is required to achieve satisfactory performance
on an EOC assessment to graduate.