Current through Reg. 49, No. 38; September 20, 2024
(a) Graduation
with a regular high school diploma under subsections (b)(1), (b)(3)(D), (f)(1),
(f)(2), (f)(3), or (f)(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).
(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, 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.
(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) 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 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 end-of course assessment instruments, unless
the student's ARD committee has determined that satisfactory performance on the
required end-of-course assessment instruments 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 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.
(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)
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) 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, 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
110-117, 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, 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.
(g) 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); (b)(3)(A), (B), or
(C); or (f)(4)(A), (B), or (C) of this section.
(h) Students who participate in graduation
ceremonies but who are not graduating under subsections (b)(2); (b)(3)(A), (B),
or (C); or (f)(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 (g) of this section.
(i)
Employability and self-help skills referenced under subsections (b)(3) and
(f)(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) For students who
receive a diploma according to subsections (b)(2); (b)(3) (A), (B), or (C); or
(f)(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) 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, 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.
