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TITLE 19EDUCATION
PART 2TEXAS EDUCATION AGENCY
CHAPTER 74CURRICULUM REQUIREMENTS
SUBCHAPTER BGRADUATION REQUIREMENTS
RULE §74.12Foundation High School Program

        (III) achieve proficiency in both English and a language other than English as demonstrated by scores of proficient or higher in the reading and speaking domains on language proficiency or achievement tests in both languages.

      (ii) The second credit of a language other than English must be in the same language as the successfully completed dual language immersion program.

    (G) A student who successfully completes a course in American Sign Language while in elementary school may satisfy one credit of the two credits required in a language other than English.

  (6) Physical education--one credit.

    (A) The required credit may be selected from any combination of the following one-half to one credit courses:

      (i) Foundations of Personal Fitness;

      (ii) Adventure/Outdoor Education;

      (iii) Aerobic Activities; and

      (iv) Team or Individual Sports.

    (B) In accordance with local district policy, the required credit may be earned through completion of any Texas essential knowledge and skills-based course that meets the requirement in subparagraph (E) of this paragraph for 100 minutes of moderate to vigorous physical activity per five-day school week and that is not being used to satisfy another specific graduation requirement.

    (C) In accordance with local district policy, credit for any of the courses listed in subparagraph (A) of this paragraph may be earned through participation in the following activities:

      (i) Athletics;

      (ii) Junior Reserve Officer Training Corps (JROTC); and

      (iii) appropriate private or commercially sponsored physical activity programs conducted on or off campus. The district must apply to the commissioner of education for approval of such programs, which may be substituted for state graduation credit in physical education. Such approval may be granted under the following conditions.

        (I) Olympic-level participation and/or competition includes a minimum of 15 hours per week of highly intensive, professional, supervised training. The training facility, instructors, and the activities involved in the program must be certified by the superintendent to be of exceptional quality. Students qualifying and participating at this level may be dismissed from school one hour per day. Students dismissed may not miss any class other than physical education.

        (II) Private or commercially sponsored physical activities include those certified by the superintendent to be of high quality and well supervised by appropriately trained instructors. Student participation of at least five hours per week must be required. Students certified to participate at this level may not be dismissed from any part of the regular school day.

    (D) In accordance with local district policy, up to one credit for any one of the courses listed in subparagraph (A) of this paragraph may be earned through participation in any of the following activities:

      (i) Drill Team;

      (ii) Marching Band; and

      (iii) Cheerleading.

    (E) All substitution activities allowed in subparagraphs (B)-(D) of this paragraph must include at least 100 minutes per five-day school week of moderate to vigorous physical activity.

    (F) Credit may not be earned more than once for any course identified in subparagraph (A) of this paragraph. No more than four substitution credits may be earned through any combination of substitutions allowed in subparagraphs (B)-(D) of this paragraph.

    (G) A student who is unable to participate in physical activity due to disability or illness may substitute an academic elective credit (English language arts, mathematics, science, or social studies) or a course that is offered for credit as provided by the TEC, §28.002(g-1), for the physical education credit requirement. The determination regarding a student's ability to participate in physical activity will be made by:

      (i) the student's ARD committee if the student receives special education services under the TEC, Chapter 29, Subchapter A;

      (ii) the committee established for the student under Section 504, Rehabilitation Act of 1973 (29 United States Code, Section 794) if the student does not receive special education services under the TEC, Chapter 29, Subchapter A, but is covered by the Rehabilitation Act of 1973; or

      (iii) a committee established by the school district of persons with appropriate knowledge regarding the student if each of the committees described by clauses (i) and (ii) of this subparagraph is inapplicable. This committee shall follow the same procedures required of an ARD or a Section 504 committee.

  (7) Fine arts--one credit.

    (A) The credit may be selected from the following courses subject to prerequisite requirements:

      (i) Art, Level I, II, III, or IV;

      (ii) Dance, Level I, II, III, or IV;

      (iii) Music, Level I, II, III, or IV;

      (iv) Music Studies;

      (v) Theatre, Level I, II, III, or IV;

      (vi) Musical Theatre, Level I, II, III, or IV;

      (vii) Technical Theatre, Level I, II, III, or IV;

      (viii) IB Film Standard or Higher Level;

      (ix) Floral Design;

      (x) Digital Art and Animation; and

      (xi) 3-D Modeling and Animation.

    (B) In accordance with local district policy, credit may be earned through participation in a community-based fine arts program not provided by the school district in which the student is enrolled. The district must apply to the commissioner of education for approval of such programs, which may be substituted for state graduation credit in fine arts. Approval may be granted if the fine arts program provides instruction in the essential knowledge and skills identified for a fine arts course as defined by Chapter 117, Subchapter C, of this title (relating to High School, Adopted 2013).

(c) Elective courses--five credits. The credits must be selected from the list of courses specified in §74.11(g) or (h) of this title (relating to High School Graduation Requirements) or from a locally developed course or activity developed pursuant to the TEC, §28.002(g-1), for which a student may receive credit and that does not satisfy a specific course requirement.

(d) Substitutions. No substitutions are allowed in the Foundation High School Program, except as specified in this chapter.


Source Note: The provisions of this §74.12 adopted to be effective July 8, 2014, 39 TexReg 5149; amended to be effective August 22, 2016, 41 TexReg 5039; amended to be effective August 28, 2017, 42 TexReg 3139; amended to be effective August 27, 2018, 43 TexReg 4190; amended to be effective August 1, 2019, 44 TexReg 3802; amended to be effective August 1, 2020, 45 TexReg 4178

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