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(a)Graduation with a regular high school diploma 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, §§14.01 et seq. In addition, as provided in Texas Education Code (TEC), §42.003(a), graduation with a regular high school diploma 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 only if: (1)the student has satisfactorily completed the minimum academic credit requirements for graduation applicable to students in regular education, including satisfactory performance on the exit level assessment instrument; or (2)the student's admission, review, and dismissal (ARD) committee has determined that the student has successfully completed the student's individualized education program (IEP), including the district's minimum credit requirements for students without disabilities. Successful completion of an IEP occurs when one of the following conditions has been met: (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. (c)When considering graduation under subsection (b)(2) of this section, the ARD committee shall, when appropriate, seek in writing and consider written recommendations from appropriate adult service agencies and the views of the parent and, when appropriate, the student. (d)Employability and self-help skills referenced under subsection (b)(2) of this section are those skills directly related to the preparation of students for employment, including general skills necessary to obtain or retain employment. (e)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. (f)A school district may award a certificate, or some other type of credential, to a student who has not met the requirement of subsection (b) of this section and who is therefore not eligible to graduate and receive a high school diploma. A school district may allow a student who receives a certificate, or some other type of credential, to participate in a graduation ceremony with students receiving high school diplomas. Receipt of a certificate or other type of credential does not terminate a student's eligibility for special education services under this subchapter and IDEA, Part B, nor does it terminate a student's entitlement to the benefits of the Foundation School Program under TEC, §42.003(a).
This agency hereby certifies that
the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on August 7, 2000
TRD-200005455 Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Earliest possible date of adoption: September 17, 2000
For further information, please call: (512) 463-9701
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