| (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
(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:
(ii) Junior Reserve Officer Training Corps (JROTC);
(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
(i) Drill Team;
(ii) Marching Band; and
(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
(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