(a)-(c)(No change.)
(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)(No change.)
(f)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 [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)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)(No change.)
(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)-(4)(No change.)
(h)-(l)(No change.)
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 October 9, 2017
TRD-201704053 Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: November 19, 2017
For further information, please call: (512) 475-1497
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