The Texas Education Agency (TEA) adopts on an emergency basis amendment to §89.1070, concerning special education services. The section addresses graduation requirements for students receiving special education services. The emergency amendment reflects changes made to the state's assessment graduation requirements by Senate Bill (SB) 149, 84th Texas Legislature, Regular Session, 2015, that took immediate effect for the 2014-2015 school year.

The amendment is adopted on an emergency basis to take effect immediately. The TEA finds that the requirements of state law in the Texas Education Code (TEC), §28.0258, as added by Senate Bill (SB) 149, 84th Texas Legislature, Regular Session, 2015, require the adoption of the amendment on fewer than 30 days' notice. The TEC, §29.001, requires the agency to develop, and modify as necessary, a statewide design, consistent with federal law, for the delivery of services to children with disabilities in the state that includes rules for the administration and funding of the special education program so that a free appropriate public education is available to all of those children between the ages of three and 21. The emergency amendment to 19 TAC §89.1070 is necessary to align rules related to graduation requirements for students receiving special education services with changes to the state's assessment requirements for students in general education that SB 149 makes applicable to the graduating class of 2015. The emergency adoption will make the new special education graduation requirements available on an emergency basis beginning May 20, 2015.

SB 149 modifies the state's assessment requirements for graduation beginning with the 2014-2015 school year. The changes affect this school year's graduating 12th grade class. The emergency adoption will allow, on an emergency basis beginning in May 2015, a student who receives special education services, who has taken all end-of-course assessments but has failed to pass no more than two of the assessments, to graduate under the Recommended or Distinguished Achievement High School Programs or to graduate under the Foundation High School Program with endorsements if all other requirements are met.

The amendment is simultaneously being proposed for permanent adoption and can be found in the Proposed Rules section of this issue.

The amendment is adopted under the Texas Education Code (TEC), §29.001, which authorizes the commissioner to develop, and modify as necessary, a statewide design, consistent with federal law, for the delivery of services to children with disabilities in this state that includes rules for the administration and funding of the special education program so that a free appropriate public education is available to all of those children between the ages of three and 21; TEC, §29.005, which requires that a child enrolled in a special education program have an individualized education program (IEP) that is developed by an IEP team (referred to in state law as the admission, review, and dismissal (ARD) committee); TEC, §28.025(c), which provides that a person may receive a diploma if the person is eligible for a diploma under TEC, §28.0258, or if: (1) the student successfully completes the curriculum requirements identified by the State Board of Education under Subsection (a) and complies with the TEC, §39.025; or (2) the student successfully completes an individualized education program developed under the TEC, §29.005; TEC, §28.025(c-6), as added by Senate Bill (SB) 149, Section 2, 84th Texas Legislature, Regular Session, 2015, which provides that a person may receive a diploma if the person is eligible for a diploma under the TEC, §28.0258; TEC, §28.0258, as added by SB 149, Section 3, 84th Texas Legislature, Regular Session, 2015, which modifies the assessment requirements for graduation for 11th or 12th grade students who have failed to comply with the end-of-course (EOC) assessment instrument performance requirements under the TEC, §39.025, for not more than two courses. The new statute further authorizes the commissioner to adopt rules as necessary to implement the statute not later than the 2015-2016 school year; TEC, §39.025(a), which authorizes the commissioner to adopt rules requiring a high school student to be administered each EOC assessment instrument listed in the TEC, §39.023(c), and specifies that a student may not receive a high school diploma until the student has performed satisfactorily on EOC assessment instruments; TEC, §39.025(a-2), as added by SB 149, Section 4, 84th Texas Legislature, Regular Session, 2015, which provides that a student who has failed to perform satisfactorily on EOC assessment instruments may receive a high school diploma if the student qualifies for graduation under the TEC, §28.0258; and TEC, §39.025(a-4), which provides that the ARD committee of a student in a special education program under TEC, Chapter 29, Subchapter A, shall determine whether, to receive a high school diploma, the student is required to achieve satisfactory performance on EOC assessment instruments.

The amendment implements the TEC, §§28.025, 28.0258, and 39.025, as amended and added by SB 149, 84th Texas Legislature, Regular Session, 2015, and §29.001 and §29.005.