| (a) Graduation with a regular high school diploma under
subsections (b)(1), (b)(3)(D), (f)(1), (f)(2), (f)(3), or (f)(4)(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 and entitlement to the benefits of the
Foundation School Program, as provided in Texas Education Code (TEC), §48.003(a).
(b) A student entering Grade 9 in the 2014-2015 school
year and thereafter who receives special education services may graduate
and be awarded a regular high school diploma if the student meets
one of the following conditions.
(1) The student has demonstrated mastery of the required
state standards (or district standards if greater) in Chapters 110-117,
126-128, and 130 of this title and satisfactorily completed credit
requirements for graduation under the Foundation High School Program
specified in §74.12 of this title (relating to Foundation High
School Program) applicable to students in general education as well
as satisfactory performance as established in the TEC, Chapter 39,
on the required end-of-course assessment instruments.
(2) The student has demonstrated mastery of the required
state standards (or district standards if greater) in Chapters 110-117,
126-128, and 130 of this title and satisfactorily completed credit
requirements for graduation under the Foundation High School Program
specified in §74.12 of this title applicable to students in general
education but the student's ARD committee has determined that satisfactory
performance on the required end-of-course assessment instruments is
not necessary for graduation.
(3) The student has demonstrated mastery of the required
state standards (or district standards if greater) in Chapters 110-117,
126-128, and 130 of this title and satisfactorily completed credit
requirements for graduation under the Foundation High School Program
specified in §74.12 of this title through courses, one or more
of which contain modified curriculum that is aligned to the standards
applicable to students in general education, as well as satisfactory
performance as established in the TEC, Chapter 39, on the required
end-of course assessment instruments, unless the student's ARD committee
has determined that satisfactory performance on the required end-of-course
assessment instruments is not necessary for graduation. The student
must also successfully complete the student's individualized education
program (IEP) and meet one of the following conditions.
(A) Consistent with the IEP, the student has obtained
full-time employment, based on the student's abilities and local employment
opportunities, in addition to mastering sufficient self-help skills
to enable the student to maintain the employment without direct and
ongoing educational support of the local school district.
(B) Consistent with the IEP, the student has demonstrated
mastery of specific employability skills and self-help skills that
do not require direct ongoing educational support of the local school
district.
(C) The student has access to services that 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) The student no longer meets age eligibility requirements.
(c) A student receiving special education services
may earn an endorsement under §74.13 of this title (relating
to Endorsements) if the student:
(1) satisfactorily completes the requirements for graduation
under the Foundation High School Program specified in §74.12
of this title as well as the additional credit requirements in mathematics,
science, and elective courses as specified in §74.13(e) of this
title with or without modified curriculum;
(2) satisfactorily completes the courses required for
the endorsement under §74.13(f) of this title without any modified
curriculum or with modification of the curriculum, provided that the
curriculum, as modified, is sufficiently rigorous as determined by
the student's ARD committee; and
(3) performs satisfactorily as established in the TEC,
Chapter 39, on the required end-of-course assessment instruments unless
the student's ARD committee determines that satisfactory performance
is not necessary.
(d) Notwithstanding subsection (c)(3) of this section,
a student receiving special education services classified in Grade
11 or 12 who has taken each of the state assessments required by Chapter
101, Subchapter CC, of this title (relating to Commissioner's Rules
Concerning Implementation of the Academic Content Areas Testing Program)
or Subchapter DD of this title (relating to Commissioner's Rules Concerning
Substitute Assessments for Graduation) but failed to achieve satisfactory
performance on no more than two of the assessments is eligible to
receive an endorsement if the student has met the requirements in
subsection (c)(1) and (2) of this section.
(e) A student receiving special education services
who entered Grade 9 before the 2014-2015 school year may graduate
and be awarded a high school diploma under the Foundation High School
Program as provided in §74.1021 of this title (relating to Transition
to the Foundation High School Program), if the student's ARD committee
determines that the student should take courses under that program
and the student satisfies the requirements of that program. Subsections
(c) and (d) of this section apply to a student transitioning to the
Foundation High School Program under this subsection. As the TEC, §28.0258
and §39.025(a-2), modify the state assessment requirements applicable
to students in general education, a student receiving special education
services who is classified in Grade 11 or 12 who has taken each of
the state assessments required by Chapter 101, Subchapter CC, of this
title (relating to Commissioner's Rules Concerning Implementation
of the Academic Content Areas Testing Program) or Subchapter DD of
this title (relating to Commissioner's Rules Concerning Substitute
Assessments for Graduation) but failed to achieve satisfactory performance
on no more than two of the assessments may graduate if the student
has satisfied all other applicable graduation requirements.
(f) A student receiving special education services
who entered Grade 9 before the 2014-2015 school year may graduate
and be awarded a regular high school diploma if the student meets
one of the following conditions.
(1) The student has demonstrated mastery of the required
state standards (or district standards if greater) in Chapters 110-117,
126-128, and 130 of this title and satisfactorily completed credit
requirements for graduation (under the recommended or distinguished
achievement high school programs in Chapter 74, Subchapter F, of this
title (relating to Graduation Requirements, Beginning with School
Year 2007-2008) or Chapter 74, Subchapter G, of this title (relating
to Graduation Requirements, Beginning with School Year 2012-2013)),
as applicable, including satisfactory performance as established in
the TEC, Chapter 39, on the required state assessments.
(2) Notwithstanding paragraph (1) of this subsection,
as the TEC, §28.0258 and §39.025(a-2), modify the state
assessment requirements applicable to students in general education,
a student receiving special education services who is classified in
Grade 11 or 12 may graduate under the recommended or distinguished
achievement high school program, as applicable, if the student has
taken each of the state assessments required by Chapter 101, Subchapter
CC, of this title (relating to Commissioner's Rules Concerning Implementation
of the Academic Content Areas Testing Program) or Subchapter DD of
this title (relating to Commissioner's Rules Concerning Substitute
Assessments for Graduation) but failed to achieve satisfactory performance
on no more than two of the assessments and has met all other applicable
graduation requirements in paragraph (1) of this subsection.
(3) The student has demonstrated mastery of the required
state standards (or district standards if greater) in Chapters 110-117,
126-128, and 130 of this title and satisfactorily completed credit
requirements for graduation (under the minimum high school program
in Chapter 74, Subchapter F or G, of this title), as applicable, including
participation in required state assessments. The student's ARD committee
will determine whether satisfactory performance on the required state
assessments is necessary for graduation.
(4) The student has demonstrated mastery of the required
state standards (or district standards if greater) in Chapters 110-117,
126-128, and 130 of this title through courses, one or more of which
contain modified content that is aligned to the standards required
under the minimum high school program in Chapter 74, Subchapter F
or G, of this title, as applicable, as well as the satisfactorily
completed credit requirements under the minimum high school program,
including participation in required state assessments. The student's
ARD committee will determine whether satisfactory performance on the
required state assessments is necessary for graduation. The student
graduating under this subsection must also successfully complete the
student's IEP and meet one of the Cont'd... |
