Texas Register

TITLE 19 EDUCATION
PART 2TEXAS EDUCATION AGENCY
CHAPTER 89ADAPTATIONS FOR SPECIAL POPULATIONS
SUBCHAPTER AACOMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES
DIVISION 2CLARIFICATION OF PROVISIONS IN FEDERAL REGULATIONS AND STATE LAW
RULE §89.1070Graduation Requirements
ISSUE 03/02/2001
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(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 general education, including satisfactory performance on the exit level assessment instrument; or

  (2)The student has satisfactorily completed the minimum academic credit requirements for graduation applicable to students in general education and has been exempted from the exit-level assessment instrument because modifications and accommodations provided during instruction would render the result of the assessment invalid.

(c)A student receiving special education services may also graduate and receive a regular high school diploma when 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:

  (1)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;

  (2)demonstrated mastery of specific employability skills and self-help skills which do not require direct ongoing educational support of the local school district; or

  (3)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.

(d)A student receiving special education services may also graduate and receive a regular high school diploma upon the ARD committee determining that the student no longer meets age eligibility requirements and has completed the requirements specified in the IEP.

(e)When considering graduation under subsection (c) 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.

(f)Employability and self-help skills referenced under subsection (c) of this section are those skills directly related to the preparation of students for employment, including general skills necessary to obtain or retain employment.

(g)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.

(h)For students who receive a diploma according to subsection (c) of this section, the ARD committee shall 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 14, 2001

TRD-200100950

Criss Cloudt

Associate Commissioner, Accountability Reporting and Research

Texas Education Agency

Effective date: March 6, 2001

Proposal publication date: August 18, 2000

For further information, please call: (512) 463-9701



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