(a)Graduation with a regular high school diploma under
subsections (b)(1), (b)(3)(D) [(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), §48.003(a) [§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-
117 [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 end-of-course assessment instruments
[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 110-117, 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 applicable
to students in general education but the student's ARD committee has
determined that satisfactory performance on the required end-of-course
assessment instruments is not necessary for graduation.
(3)[(2)] The student has demonstrated
mastery of the required state standards (or district standards if
greater) in Chapters 110- 117 [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) - (D)(No change.)
(c)A student receiving special education services
may earn an endorsement under §74.13 of this title (relating
to Endorsements) if the student:
(1)(No change.)
(2)satisfactorily completes the courses required for
the endorsement under §74.13(f) of this title without any modified
curriculum or with modification of the curriculum, provided that
the curriculum, as modified, is sufficiently rigorous as determined
by the student's ARD committee ; and
(3)performs satisfactorily as established in the TEC,
Chapter 39, on the required end-of-course assessment instruments
unless the student's ARD committee determines that satisfactory performance
is not necessary [state assessments] .
(d)(No change.)
[(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.]
(e)[(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.
(f)[(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-
117 [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)(No change.)
(3)The student has demonstrated mastery of the required
state standards (or district standards if greater) in Chapters 110-
117 [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-
117 [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) - (D)(No change.)
(g)[(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.
(h)[(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.
(i)[(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.
(j)[(k)] For students who receive
a diploma according to subsections (b)(2) ; (b)(3) (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.
(k)[(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- 117 [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 October 4, 2020
TRD-202004131 Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: November 15, 2020
For further information, please call: (512) 475-1497
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