(a)Graduation with a regular high school diploma under
subsections (b)(1), (b)(2)(D), (g)(1), (g)(2), (g)(3), or (g)(4)(D) [
(f)(1), (f)(2), or (f)(3)(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), §42.003(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 110-118,
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 state assessments, unless the student's admission,
review, and dismissal (ARD) committee has determined that satisfactory
performance on the required state assessments is not necessary for
graduation.
(2)The student has demonstrated mastery of the required
state standards (or district standards if greater) in Chapters 110-118,
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
state assessments, unless the student's ARD committee has determined
that satisfactory performance on the required state assessments 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; and
(3)performs satisfactorily as established in the TEC,
Chapter 39, on the required state assessments.
(d)Notwithstanding subsection (c)(3)
of this section, a student receiving special education services classified
in Grade 11 or 12 during the 2014-2015, 2015-2016, or 2016-2017 school
year 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)[(d)] In order for a student
receiving special education services to use a course to satisfy both
a requirement under the Foundation High School Program specified in §74.12
of this title and a requirement for an endorsement under §74.13
of this title, the student must satisfactorily complete the course
without any modified curriculum.
(f)[(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 [Subsection] (c)
and (d) of this section apply [applies]
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 during the 2014-2015, 2015-2016,
or 2016-2017 school year 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.
(g)[(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 110-118,
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 during the 2014-2015, 2015-2016,
or 2016-2017 school year 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)[(2)] The student has demonstrated
mastery of the required state standards (or district standards if
greater) in Chapters 110-118, 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)[(3)] The student has demonstrated
mastery of the required state standards (or district standards if
greater) in Chapters 110-118, 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 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.
(h)[(g)] All students graduating
under this section must be provided with a summary of academic achievement
and functional performance as described in 34 Code of Federal Regulations
(CFR), §300.305(e)(3). This summary must consider, as appropriate,
the views of the parent and student and written recommendations from
adult service agencies on how to assist the student in meeting postsecondary
goals. An evaluation as required by 34 CFR, §300.305(e)(1), must
be included as part of the summary for a student graduating under
subsections (b)(2)(A), (B), or (C) or (g)(4)(A), (B), or (C) [
(f)(3)(A), (B), or (C)] of this section.
(i)[(h)] Students who participate
in graduation ceremonies but who are not graduating under subsections
(b)(2)(A), (B), or (C) or (g)(4)(A), (B), or (C) [(f)(3)(A),
(B), or (C)] of this section and who will remain in school to
complete their education do not have to be evaluated in accordance
with subsection (h) [(g)] of this section.
(j)[(i)] Employability and self-help
skills referenced under subsections (b)(2) and (g)(4) [(f)(3)
] of this section are those skills directly related to the preparation
of students for employment, including general skills necessary to
obtain or retain employment.
(k)[(j)] For students who receive
a diploma according to subsections (b)(2)(A), (B), or (C) or (g)(4)(A),
(B), or (C) [(f)(3)(A), (B), or (C)] of this section,
the ARD committee must determine needed educational services upon
the request of the student or parent to resume services, as long as
the student meets the age eligibility requirements.
(l)[(k)] For purposes of this
section, modified curriculum and modified content refer to any reduction
of the amount or complexity of the required knowledge and skills in
Chapters 110-118, 126-128, and 130 of this title. Substitutions that
are specifically authorized in statute or rule must not be considered
modified curriculum or modified content.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state
agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on May 20, 2015
TRD-201501846 Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: July 5, 2015
For further information, please call: (512) 475-1497
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