(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)
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 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)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)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 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)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 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)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)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)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) of this section.
(i)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) of this section and who will remain in school
to complete their education do not have to be evaluated in accordance
with subsection (h) of this section.
(j)Employability and self-help skills referenced under
subsections (b)(2) and (g)(4) 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)For students who receive a diploma according to
subsections (b)(2)(A), (B), or (C) or (g)(4)(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)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 adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on January 26, 2018
TRD-201800360 Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: February 15, 2018
Proposal publication date: October 20, 2017
For further information,
please call: (512) 475-1497
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