19 Tex. Admin. Code § 89.1070 - Graduation Requirements
(a) Graduation
under subsection (b)(1) of this section or reaching maximum age eligibility
described by §
89.1035 of this title (relating to
Age Ranges for Student Eligibility) 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 who
receives special education services may graduate and be awarded a 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; 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;
and demonstrated satisfactory performance as established for students in
general education in TEC, Chapters 28 and 39, on the required end-of-course
assessment instruments, which could include meeting the requirements of
subsection (d) of this section.
(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; the student has 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; and the student's admission, review, and
dismissal (ARD) committee has determined that satisfactory performance, beyond
what would otherwise be required in subsections (b)(1) and (d) of this section,
on the required end-of-course assessment instruments is not required for
graduation.
(3) The student has
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; demonstrated mastery
of the required state standards (or district standards if greater) in Chapters
110-117, 126-128, and 130 of this title in accordance with modified content and
curriculum expectations established in the student's individualized education
program (IEP); and demonstrated satisfactory performance 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 required for graduation. The student 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;
or
(C) the student has access to
services or other supports that are not within the legal responsibility of
public education, including employment or postsecondary education established
through transition planning.
(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
TEC, Chapter 39, on the required end-of-course assessment instruments unless
the student's ARD committee determines that satisfactory performance is not
required.
(d) 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 a diploma under subsection (b)(1) of
this section.
(e) A student who has
reached maximum age eligibility in accordance with §
89.1035 of this title without
meeting the credit, curriculum, and assessment requirements specified in
subsection (b) of this section is not eligible to receive a diploma but may
receive a certificate of attendance as described in TEC, §
28.025(f).
(f) A summary of academic achievement and
functional performance must be provided prior to exit from public school for
students who meet one of the following conditions:
(1) a student who has met requirements for
graduation specified by subsection (b)(1) of this section or who has exceeded
the maximum age eligibility as described by §
89.1035 of this title;
or
(2) a student who has met
requirements for graduation specified in subsection (b)(2) or (b)(3)(A), (B),
or (C) of this section. Additionally, a student meeting this condition is
entitled to an evaluation as described in 34 Code of Federal Regulations (CFR),
§300.305(e)(1).
(g) The
summary of performance described by subsection (f) of this section must include
recommendations on how to assist the student in meeting the student's
postsecondary goals, as required by
34 CFR, §
300.305(e)(3). This summary
must also 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.
(h) Students who meet graduation requirements
under subsection (b)(2) or (b)(3)(A), (B), or (C) of this section and who will
continue enrollment in public school to receive special education services
aligned to their transition plan will be provided the summary of performance
described in subsections (f) and (g) of this section upon exit from the public
school system. These students are entitled to participate in commencement
ceremonies and receive a certificate of attendance after completing four years
of high school, as specified by TEC, §
28.025(f).
(i) Employability and self-help skills
referenced under subsection (b)(3) 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 graduate and receive a
diploma according to subsections (b)(2) or (b)(3)(A), (B), or (C) of this
section, the ARD committee must determine needed special education 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.
Notes
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