GRADUATION

Los artículos de documentación indican los requerimientos que deben ser documentados en el proceso de educación especial. Pueden ser llenados en formas o por una declaración representativa en un diálogo por escrito.

Los artículos de práctica son requisitos, que deben de reflejarse en la práctica.

19 Texas Administrative Code § 89.1035. Age Ranges for Student Eligibility.

(a)  Pursuant to state and federal law, services provided in accordance with this subchapter must be available to all eligible students ages 3-21. Services will be made available to eligible students on their third birthday. Graduation with a regular high school diploma pursuant to §89.1070 (b)(1), (b)(3)(D), (f)(1), (f)(2), (f)(3), or (f)(4)(D) of this title (relating to Graduation Requirements) terminates a student's eligibility to receive services in accordance with this subchapter. An eligible student receiving special education services who is 21 years of age on September 1 of a school year will be eligible for services through the end of that school year or until graduation with a regular high school diploma pursuant to §89.1070 (b)(1), (b)(3)(D), (f)(1), (f)(2), (f)(3), or (f)(4)(D) of this title, whichever comes first. 
. . . 

Last Amended:  October 5, 2021, 46 TexReg 6533
Entered:  October 18, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements.

(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). 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

34 Code of Federal Regulations § 300.102  Limitation—exception to FAPE for certain ages.   

(a) General. The obligation to make FAPE available to all children with disabilities does not apply with respect to the following:   
. . . 
    (3)
       (i) Children with disabilities who have graduated from high school with a regular high school diploma.   
       (ii) The exception in paragraph (a)(3)(i) of this section does not apply to children who have graduated from high school but have not been awarded a regular high school diploma.   
       (iii) Graduation from high school with a regular high school diploma constitutes a change in placement, requiring written prior notice in accordance with §300.503.   
       (iv) As used in paragraphs (a)(3)(i) through (iii) of this section, the term regular high school diploma means the standard high school diploma awarded to the preponderance of students in the State that is fully aligned with State standards, or a higher diploma, except that a regular high school diploma shall not be aligned to the alternate academic achievement standards described in section 1111(b)(1)(E) of the ESEA. A regular high school diploma does not include a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential.   
   . . .


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 1027

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. Graduation 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. 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. Graduation 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. 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 74.12. Foundation High School Program.

(a) Credits. A student must earn at least 22 credits to complete the Foundation High School Program.

 (b) Core courses. A student must demonstrate proficiency in the following.
  (1) English language arts--four credits. Two of the credits must consist of English I and II. (Students with limited English proficiency who are at the beginning or intermediate level of English language proficiency, as defined by §74.4(d) of this title (relating to English Language Proficiency Standards), may satisfy the English I and English II graduation requirements by successfully completing English I for Speakers of Other Languages and English II for Speakers of Other Languages.) A third credit must consist of English III, a comparable Advanced Placement (AP) English language arts course that does not count toward another credit required for graduation, or a comparable International Baccalaureate (IB) English language arts course that meets all the requirements in §110.33 of this title (relating to English Language Arts and Reading, English III (One Credit), Beginning with School Year 2009-2010). A fourth credit may be selected from one full credit or a combination of two half credits from two different courses, subject to prerequisite requirements, from the following courses:
    (A) English IV;
    (B) Independent Study in English;
    (C) Literary Genres;
    (D) Creative Writing;
    (E) Research and Technical Writing;
    (F) Humanities;
    (G) Public Speaking III;
    (H) Communication Applications, which must be combined with another half credit from the other courses listed in subparagraphs (A)-(G) and (I)-(S) of this paragraph;
    (I) Oral Interpretation III;
    (J) Debate III;
    (K) Independent Study in Speech;
    (L) Independent Study in Journalism;
    (M) Advanced Broadcast Journalism III;
    (N) Advanced Journalism: Newspaper III;
    (O) Advanced Journalism: Yearbook III;
    (P) a comparable Advanced Placement (AP) English language arts course that does not count toward another credit required for graduation;
    (Q) a comparable International Baccalaureate (IB) English language arts course that meets all the requirements in §110.34 of this title (relating to English Language Arts and Reading, English IV (One Credit), Beginning with School Year 2009-2010);
    (R) after the successful completion of English I, II, and III, a locally developed English language arts course or other activity, including an apprenticeship or training hours needed to obtain an industry-recognized credential or certificate that is developed pursuant to the Texas Education Code (TEC), §28.002(g-1);
    (S) Business English; and
    (T) a college preparatory English language arts course that is developed pursuant to the TEC, §28.014.
  (2) Mathematics--three credits. Two of the credits must consist of Algebra I and Geometry.
    (A) The additional credit may be selected from one full credit or a combination of two half credits from two different courses, subject to prerequisite requirements, from the following courses or a credit selected from the courses listed in subparagraph (B) of this paragraph:
      (i) Mathematical Models with Applications;
      (ii) Mathematical Applications in Agriculture, Food, and Natural Resources;
      (iii) Digital Electronics;
      (iv) Robotics Programming and Design;
      (v) Financial Mathematics;
      (vi) Applied Mathematics for Technical Professionals;
      (vii) Accounting II;
      (viii) Manufacturing Engineering Technology II; and
      (ix) Robotics II.
    (B) The additional credit may be selected from one full credit or a combination of two half credits from two different courses, subject to prerequisite requirements, from the following courses:
      (i) Algebra II;
      (ii) Precalculus;
      (iii) Advanced Quantitative Reasoning;
      (iv) Independent Study in Mathematics;
      (v) Discrete Mathematics for Problem Solving;
      (vi) Algebraic Reasoning;
      (vii) Statistics;
      (viii) a comparable AP mathematics course that does not count toward another credit required for graduation;
      (ix) AP Computer Science A;
      (x) IB Computer Science Higher Level;
      (xi) Engineering Mathematics;
      (xii) Statistics and Business Decision Making;
      (xiii) Mathematics for Medical Professionals;
      (xiv) Discrete Mathematics for Computer Science;
      (xv) pursuant to the TEC, §28.025(b-5), after the successful completion of Algebra II, a mathematics course endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit. The Texas Education Agency (TEA) shall maintain a current list of courses offered under this clause; and
      (xvi) after the successful completion of Algebra I and Geometry, a locally developed mathematics course or other activity, including an apprenticeship or training hours needed to obtain an industry-recognized credential or certificate that is developed pursuant to the TEC, §28.002(g-1).
    (C) One credit of a two-credit IB mathematics course selected from Chapter 111 of this title (relating to Texas Essential Knowledge and Skills for Mathematics) may satisfy the additional mathematics credit.
  (3) Science--three credits. One credit must consist of Biology or a comparable AP or IB biology course.
    (A) One credit must be selected from the following laboratory-based courses:
      (i) Integrated Physics and Chemistry;
      (ii) Chemistry;
      (iii) Physics;
      (iv) Principles of Technology; and
      (v) a comparable AP or IB chemistry or physics course that does not count toward another credit required for graduation.
    (B) The additional credit may be selected from one full credit or a combination of two half credits from two different courses, subject to prerequisite requirements, from the following laboratory-based courses:
      (i) Chemistry;
      (ii) Physics;
      (iii) Aquatic Science;
      (iv) Astronomy;
      (v) Earth and Space Science;
      (vi) Environmental Systems;
      (vii) a comparable AP science course that does not count toward another credit required for graduation;
      (viii) Advanced Animal Science;
      (ix) Advanced Plant and Soil Science;
      (x) Anatomy and Physiology;
      (xi) Medical Microbiology;
      (xii) Pathophysiology;
      (xiii) Food Science;
      (xiv) Forensic Science;
      (xv) Biotechnology I;
      (xvi) Biotechnology II;
      (xvii) Principles of Technology;
      (xviii) Scientific Research and Design;
      (xix) Engineering Design and Problem Solving;
      (xx) Engineering Science;
      (xxi) pursuant to the TEC, §28.025(b-5), after the successful completion of physics, a science course endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit. The TEA shall maintain a current list of courses offered under this clause;
      (xxii) a locally developed science course or other activity, including an apprenticeship or training hours needed to obtain an industry-recognized credential or certificate that is developed pursuant to the TEC, §28.002(g-1); and
      (xxiii) one credit of a two-credit IB science course selected from Chapter 112 of this title (relating to Texas Essential Knowledge and Skills for Science).
    (C) Credit may not be earned for both physics and Principles of Technology to satisfy science credit requirements.
  (4) Social studies--three credits. Two of the credits must consist of United States History Studies Since 1877 (one credit), United States Government (one-half credit), and Economics with Emphasis on the Free Enterprise System and Its Benefits (one-half credit). The additional credit may be selected from the following courses:
    (A) World History Studies; or
    (B) World Geography Studies; or
    (C) a comparable AP or IB world history or world geography course that does not count toward another credit required for graduation.
  (5) Languages other than English (LOTE)--two credits.
    (A) The credits may be selected from the following:
      (i) any two levels in the same language, including comparable AP or IB language courses that do not count toward another credit required for graduation; or
      (ii) two credits in computer programming languages, including computer coding, to be selected from Computer Science I, II, and III, AP Computer Science Principles, AP Computer Science A, IB Computer Science Standard Level, and IB Computer Science Higher Level.
    (B) A single two-credit IB LOTE course may only satisfy one LOTE requirement.
    (C) If a student, in completing the first credit of LOTE, demonstrates that the student is unlikely to be able to complete the second credit, the student may substitute another appropriate course as follows:
      (i) Special Topics in Language and Culture;
      (ii) World History Studies or World Geography Studies for a student who is not required to complete both by the local district;
      (iii) another credit selected from Chapter 114 of this title (relating to Texas Essential Knowledge and Skills for Languages Other Than English); or
      (iv) computer programming languages, including computer coding.
    (D) The determination regarding a student's ability to complete the second credit of LOTE must be agreed to by:
      (i) the teacher of the first LOTE credit course or another LOTE teacher designated by the school district, the principal or designee, and the student's parent or person standing in parental relation;
      (ii) the student's admission, review, and dismissal (ARD) committee if the student receives special education services under the TEC, Chapter 29, Subchapter A; or
      (iii) the committee established for the student under Section 504, Rehabilitation Act of 1973 (29 United States Code, Section 794) if the student does not receive special education services under the TEC, Chapter 29, Subchapter A, but is covered by the Rehabilitation Act of 1973.
    (E) A student, who due to a disability, is unable to complete two credits in the same language in a language other than English, may substitute a combination of two credits that are not being used to satisfy another specific graduation requirement selected from English language arts, mathematics, science, or social studies or two credits in career and technical education or technology applications for the LOTE credit requirements. The determination regarding a student's ability to complete the LOTE credit requirements will be made by:
      (i) the student's ARD committee if the student receives special education services under the TEC, Chapter 29, Subchapter A; or
      (ii) the committee established for the student under Section 504, Rehabilitation Act of 1973 (29 United States Code, Section 794) if the student does not receive special education services under the TEC, Chapter 29, Subchapter A, but is covered by the Rehabilitation Act of 1973.
    (F) A student who successfully completes a dual language immersion/two-way or dual language immersion/one-way program in accordance with §89.1210(d)(3) and (4) of this title (relating to Program Content and Design), §89.1227 of this title (relating to Minimum Requirements for Dual Language Immersion Program Model), and §89.1228 of this title (relating to Two-Way Dual Language Immersion Program Model Implementation) at an elementary school may satisfy one credit of the two credits required in a language other than English.
      (i) To successfully complete a dual language immersion program, a student must:
        (I) have participated in a dual language immersion program for at least five consecutive school years;
        (II) achieve high levels of academic competence as demonstrated by performance of meets or masters grade level on both the mathematics and reading State of Texas Assessments of Academic Readiness (STAAR®) in English or Spanish, as applicable, in at least one grade level; and
(III) achieve proficiency in both English and a language other than English as demonstrated by scores of proficient or higher in the reading and speaking domains on language proficiency or achievement tests in both languages.
      (ii) The second credit of a language other than English must be in the same language as the successfully completed dual language immersion program.
    (G) A student who successfully completes a course in American Sign Language while in elementary school may satisfy one credit of the two credits required in a language other than English.
  (6) Physical education--one credit.
    (A) The required credit may be selected from any combination of the following one-half to one credit courses:
      (i) Foundations of Personal Fitness;
      (ii) Adventure/Outdoor Education;
      (iii) Aerobic Activities; and
      (iv) Team or Individual Sports.
    (B) In accordance with local district policy, the required credit may be earned through completion of any Texas essential knowledge and skills-based course that meets the requirement in subparagraph (E) of this paragraph for 100 minutes of moderate to vigorous physical activity per five-day school week and that is not being used to satisfy another specific graduation requirement.
    (C) In accordance with local district policy, credit for any of the courses listed in subparagraph (A) of this paragraph may be earned through participation in the following activities:
      (i) Athletics;
      (ii) Junior Reserve Officer Training Corps (JROTC); and
      (iii) appropriate private or commercially sponsored physical activity programs conducted on or off campus. The district must apply to the commissioner of education for approval of such programs, which may be substituted for state graduation credit in physical education. Such approval may be granted under the following conditions.
        (I) Olympic-level participation and/or competition includes a minimum of 15 hours per week of highly intensive, professional, supervised training. The training facility, instructors, and the activities involved in the program must be certified by the superintendent to be of exceptional quality. Students qualifying and participating at this level may be dismissed from school one hour per day. Students dismissed may not miss any class other than physical education.
        (II) Private or commercially sponsored physical activities include those certified by the superintendent to be of high quality and well supervised by appropriately trained instructors. Student participation of at least five hours per week must be required. Students certified to participate at this level may not be dismissed from any part of the regular school day.
    (D) In accordance with local district policy, up to one credit for any one of the courses listed in subparagraph (A) of this paragraph may be earned through participation in any of the following activities:
      (i) Drill Team;
      (ii) Marching Band; and
      (iii) Cheerleading.
    (E) All substitution activities allowed in subparagraphs (B)-(D) of this paragraph must include at least 100 minutes per five-day school week of moderate to vigorous physical activity.
    (F) Credit may not be earned more than once for any course identified in subparagraph (A) of this paragraph. No more than four substitution credits may be earned through any combination of substitutions allowed in subparagraphs (B)-(D) of this paragraph.
    (G) A student who is unable to participate in physical activity due to disability or illness may substitute an academic elective credit (English language arts, mathematics, science, or social studies) or a course that is offered for credit as provided by the TEC, §28.002(g-1), for the physical education credit requirement. The determination regarding a student's ability to participate in physical activity will be made by:
      (i) the student's ARD committee if the student receives special education services under the TEC, Chapter 29, Subchapter A;
      (ii) the committee established for the student under Section 504, Rehabilitation Act of 1973 (29 United States Code, Section 794) if the student does not receive special education services under the TEC, Chapter 29, Subchapter A, but is covered by the Rehabilitation Act of 1973; or
      (iii) a committee established by the school district of persons with appropriate knowledge regarding the student if each of the committees described by clauses (i) and (ii) of this subparagraph is inapplicable. This committee shall follow the same procedures required of an ARD or a Section 504 committee.
  (7) Fine arts--one credit.
    (A) The credit may be selected from the following courses subject to prerequisite requirements:
      (i) Art, Level I, II, III, or IV;
      (ii) Dance, Level I, II, III, or IV;
      (iii) Music, Level I, II, III, or IV;
      (iv) Music Studies;
      (v) Theatre, Level I, II, III, or IV;
      (vi) Musical Theatre, Level I, II, III, or IV;
      (vii) Technical Theatre, Level I, II, III, or IV;
      (viii) IB Film Standard or Higher Level;
      (ix) Floral Design;
      (x) Digital Art and Animation; and
      (xi) 3-D Modeling and Animation.
    (B) In accordance with local district policy, credit may be earned through participation in a community-based fine arts program not provided by the school district in which the student is enrolled. The district must apply to the commissioner of education for approval of such programs, which may be substituted for state graduation credit in fine arts. Approval may be granted if the fine arts program provides instruction in the essential knowledge and skills identified for a fine arts course as defined by Chapter 117, Subchapter C, of this title (relating to High School, Adopted 2013).

 (c) Elective courses--five credits. The credits must be selected from the list of courses specified in §74.11(g) or (h) of this title (relating to High School Graduation Requirements) or from a locally developed course or activity developed pursuant to the TEC, §28.002(g-1), for which a student may receive credit and that does not satisfy a specific course requirement.

 (d) Substitutions. No substitutions are allowed in the Foundation High School Program, except as specified in this chapter.

Last Amended:   August 1, 2020, 45 TexReg 4178
Entered:  October 22, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 101.3023. Participation and Graduation Assessment Requirements for Students Receiving Special Education Services.

(a)  As stipulated by §89.1070 of this title (relating to Graduation Requirements), a student receiving special education services under the Texas Education Code (TEC), Chapter 29, Subchapter A, who successfully completes the requirements of his or her individualized education program (IEP), including performance on a state assessment required for graduation, shall receive a Texas high school diploma. A student's admission, review, and dismissal (ARD) committee shall determine if the student will be required to meet satisfactory performance on an assessment for purposes of graduation.

(b)  Beginning with the 2011-2012 school year, all Grades 9-12 students with significant cognitive disabilities who are assessed with an alternate assessment as specified in the student's IEP will be assessed using alternate versions of end-of-course (EOC) assessments as listed in §101.3011(b)(2) of this title (relating to Implementation and Administration of Academic Content Area Assessment Instruments).

(c)  For the 2011-2012 through 2013-2014 school years, a student who is receiving special education services under the TEC, Chapter 29, Subchapter A, and who is first enrolled in Grade 9 or below in the 2011-2012 school year shall be administered an alternative version of an EOC assessment instrument upon completion of the corresponding course as required by the student's IEP. Beginning with the 2014-2015 school year, a student who is receiving special education services under the TEC, Chapter 29, Subchapter A, whose IEP does not specify the administration of an alternate assessment and who is first enrolled in Grade 9 or below in the 2011-2012 school year shall be administered an EOC assessment instrument upon completion of the corresponding course as required by the student's IEP.


Last Amended:  March 25, 2014, 39 TexReg 2077  
Entered:  Sept. 21, 2015

Texas Education Code § 28.025. High School Diploma and Certificate; Academic Achievement Record.  

(c) A person may receive a diploma if the person is eligible for a diploma under Section 28.0251. In other cases, a student may graduate and receive a diploma only if:
(1) the student successfully completes the curriculum requirements identified by the State Board of Education under Subsection (a) and complies with Sections 28.0256 and 39.025; or
. . . 


Last Amended: 86th Leg., R.S., Ch. 711 (H.B. 165), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 625 (S.B. 1374), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 739 (H.B. 678), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.014, eff. June 12, 2019
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 2, eff. May 7, 2019
86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.05, eff. June 10, 2019
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 2, eff. June 7, 2021
87th Leg., R.S., Ch. 433 (S.B. 1063), Sec. 1, eff. June 8, 2021
Entered: October 22, 2021

Texas Education Code § 39.025.  Secondary-Level Performance Required.  

(a)  The commissioner shall adopt rules requiring a student in the foundation high school program under Section 28.025 to be administered an end-of-course assessment instrument listed in Section 39.023(c) only for a course in which the student is enrolled and for which an end-of-course assessment instrument is administered.  A student is required to achieve a scale score that indicates satisfactory performance, as determined by the commissioner under Section 39.0241(a), on each end-of-course assessment instrument administered to the student. For each scale score required under this subsection that is not based on a 100-point scale scoring system, the commissioner shall provide for conversion, in accordance with commissioner rule, of the scale score to an equivalent score based on a 100-point scale scoring system.  A student may not receive a high school diploma until the student has performed satisfactorily on end-of-course assessment instruments in the manner provided under this subsection.  This subsection does not require a student to demonstrate readiness to enroll in an institution of higher education.

 

(a-4)  The admission, review, and dismissal committee of a student in a special education program under Subchapter A, Chapter 29, shall determine whether, to receive a high school diploma, the student is required to achieve satisfactory performance on end-of-course assessment instruments.

(a-5)  Notwithstanding Subsection (a), a student who has failed to perform satisfactorily on end-of-course assessment instruments in the manner provided under this section may receive a high school diploma if the student has qualified for graduation under Section 28.0258. 

(b)  Each time an end-of-course assessment instrument adopted under Section 39.023(c) is administered, a student who failed to achieve a score requirement under Subsection (a) may retake the assessment instrument. A student is not required to retake a course as a condition of retaking an end-of-course assessment instrument.

(b-1)  A school district shall provide each student who fails to perform satisfactorily as determined by the commissioner under Section 39.0241(a) on an end-of-course assessment instrument with accelerated instruction under Section 28.0217 in the subject assessed by the assessment instrument.

(b-2)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 934 , Sec. 5(3), eff. June 18, 2015.

(c)  A student who has been denied a high school diploma under this section and who subsequently performs at the level necessary to comply with the requirements of this section shall be issued a high school diploma.
(c-1)  A school district may not administer an assessment instrument required for graduation administered under this section as this section existed:
(1)  before September 1, 1999; or (2)  before amendment by Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular Session, 2007.
(c-2)  A school district may administer to a student who failed to perform satisfactorily on an assessment instrument described by Subsection (c-1) an alternate assessment instrument designated by the commissioner. The commissioner shall determine the level of performance considered to be satisfactory on an alternate assessment instrument.  The district may not administer to the student an assessment instrument or a part of an assessment instrument that assesses a subject that was not assessed in an assessment instrument applicable to the student described by Subsection (c-1). The commissioner shall make available to districts information necessary to administer the alternate assessment instrument authorized by this subsection. The commissioner's determination regarding designation of an appropriate alternate assessment instrument under this subsection and the performance required on the assessment instrument is final and may not be appealed.
(d)  Notwithstanding Subsection (a), the commissioner by rule shall adopt one or more alternative nationally recognized norm referenced assessment instruments under this section to administer to a student to qualify for a high school diploma if the student enrolls after January 1 of the school year in which the student is otherwise eligible to graduate:
(1)  for the first time in a public school in this state; or
(2)  after an absence of at least four years from any public school in this state.

(e)  The commissioner shall establish a required performance level for an assessment instrument adopted under Subsection (d) that is at least as rigorous as the performance level required to be met under Subsection (a).

(e-1)  Nothing in this section has the effect of prohibiting the administration of an end-of-course assessment instrument listed in Section 39.023(c) to a student enrolled below the high school level who is enrolled in the course for which the assessment instrument is adopted. The commissioner shall adopt rules necessary to ensure that the student's performance on the assessment instrument is considered in the same manner for purposes of this section as the performance of a student enrolled at the high school level.

(f)  The commissioner shall by rule adopt a transition plan to implement the amendments made by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007, replacing general subject assessment instruments administered at the high school level with end-of-course assessment instruments. The rules must provide for the end-of-course assessment instruments adopted under Section 39.023(c) to be administered beginning with students enrolled in the ninth grade for the first time during the 2011-2012 school year.  During the period under which the transition to end-of-course assessment instruments is made:
(1)  for students entering a grade above the ninth grade during the 2011-2012 school year or students repeating ninth grade during the 2011-2012 school year, the commissioner shall retain, administer, and use for purposes of accreditation and other campus and district accountability measures under this chapter the assessment instruments required by Section 39.023(a) or (c), as that section existed before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007; and
(2)  a student subject to Subdivision (1) may not receive a high school diploma unless the student has performed satisfactorily on the SAT, the ACT, the Texas Success Initiative (TSI) diagnostic assessment, or the current assessment instrument or instruments administered for graduation purposes as provided by Subsection (f-1) or on each required assessment instrument administered under Section 39.023(c), as that section existed before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007.

(f-1)  The commissioner shall establish satisfactory performance levels for the SAT, the ACT, the Texas Success Initiative (TSI) diagnostic assessment, and the current assessment instrument or instruments administered for graduation purposes that are equivalent in rigor to the performance level required to be met under Subsection (a), as that subsection existed before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007, that qualify a student subject to Subsection (f)(1) to receive a high school diploma. Notwithstanding Subsection (f), the commissioner is not required after September 1, 2017, to maintain and administer assessment instruments administered under Section 39.023(c), as that section existed before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007.

(f-2)  A school district shall determine which assessment or assessments described by Subsection (f-1) qualify a student subject to Subsection (f)(1) to receive a high school diploma from the district.
(g)  Rules adopted under Subsection (f) must require that each student who will be subject to the requirements of Subsection (a) is entitled to notice of the specific requirements applicable to the student. Notice under this subsection must be provided not later than the date the student enters the eighth grade.  

Last Amended: 86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 8, May 7, 2019 
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 9, May 7, 2019 
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 4, eff. June 7, 2021
87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 5, eff. June 16, 2021
Entered: October 20, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 74.1025. Individual Graduation Committee Review.

. . . 
(n)  A student receiving special education services is not subject to the individual graduation committee requirements in the TEC, §28.0258, or the provisions of this section. As provided in §89.1070 of this title (relating to Graduation Requirements) and §101.3023 of this title (relating to Participation and Graduation Assessment Requirements for Students Receiving Special Education Services), a student's admission, review, and dismissal (ARD) committee determines whether a student is required to achieve satisfactory performance on an EOC assessment to graduate.


Last Amended:  February 27, 2018, 43 TexReg 1090 
Entered: March 19, 2018

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 101.3023. Participation and Graduation Assessment Requirements for Students Receiving Special Education Services.

(a)  As stipulated by §89.1070 of this title (relating to Graduation Requirements), a student receiving special education services under the Texas Education Code (TEC), Chapter 29, Subchapter A, who successfully completes the requirements of his or her individualized education program (IEP), including performance on a state assessment required for graduation, shall receive a Texas high school diploma. A student's admission, review, and dismissal (ARD) committee shall determine if the student will be required to meet satisfactory performance on an assessment for purposes of graduation.
. . . 


Last Amended:  March 25, 2014, 39 TexReg 2077  
Entered:  Sept. 21, 2015

Texas Education Code § 39.025.  Secondary-Level Performance Required.   

(a-4)  The admission, review, and dismissal committee of a student in a special education program under Subchapter A, Chapter 29, shall determine whether, to receive a high school diploma, the student is required to achieve satisfactory performance on end-of-course assessment instruments. 
. . . 

Last Amended: 86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 8, May 7, 2019 
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 9, May 7, 2019 
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 4, eff. June 7, 2021
87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 5, eff. June 16, 2021
Entered: October 20, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements.

. . .
(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.
. . .

Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements.  

. . . 
(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. 
. . . 
(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.
. . . 


Last Amended: October 5, 2021, 46 TexReg 6533 
Entered: October 5, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements.  

. . . 
(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. 
. . . 
(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.
. . . 


Last Amended: October 5, 2021, 46 TexReg 6533 
Entered: October 5, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements.  

. . . 
(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. 
. . . 
(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.
. . . 


Last Amended: October 5, 2021, 46 TexReg 6533 
Entered: October 5, 2021

19 Texas Administrative Code § 74.12. Foundation High School Program.

(a) Credits. A student must earn at least 22 credits to complete the Foundation High School Program.

 (b) Core courses. A student must demonstrate proficiency in the following.
  (1) English language arts--four credits. Two of the credits must consist of English I and II. (Students with limited English proficiency who are at the beginning or intermediate level of English language proficiency, as defined by §74.4(d) of this title (relating to English Language Proficiency Standards), may satisfy the English I and English II graduation requirements by successfully completing English I for Speakers of Other Languages and English II for Speakers of Other Languages.) A third credit must consist of English III, a comparable Advanced Placement (AP) English language arts course that does not count toward another credit required for graduation, or a comparable International Baccalaureate (IB) English language arts course that meets all the requirements in §110.33 of this title (relating to English Language Arts and Reading, English III (One Credit), Beginning with School Year 2009-2010). A fourth credit may be selected from one full credit or a combination of two half credits from two different courses, subject to prerequisite requirements, from the following courses:
    (A) English IV;
    (B) Independent Study in English;
    (C) Literary Genres;
    (D) Creative Writing;
    (E) Research and Technical Writing;
    (F) Humanities;
    (G) Public Speaking III;
    (H) Communication Applications, which must be combined with another half credit from the other courses listed in subparagraphs (A)-(G) and (I)-(S) of this paragraph;
    (I) Oral Interpretation III;
    (J) Debate III;
    (K) Independent Study in Speech;
    (L) Independent Study in Journalism;
    (M) Advanced Broadcast Journalism III;
    (N) Advanced Journalism: Newspaper III;
    (O) Advanced Journalism: Yearbook III;
    (P) a comparable Advanced Placement (AP) English language arts course that does not count toward another credit required for graduation;
    (Q) a comparable International Baccalaureate (IB) English language arts course that meets all the requirements in §110.34 of this title (relating to English Language Arts and Reading, English IV (One Credit), Beginning with School Year 2009-2010);
    (R) after the successful completion of English I, II, and III, a locally developed English language arts course or other activity, including an apprenticeship or training hours needed to obtain an industry-recognized credential or certificate that is developed pursuant to the Texas Education Code (TEC), §28.002(g-1);
    (S) Business English; and
    (T) a college preparatory English language arts course that is developed pursuant to the TEC, §28.014.
  (2) Mathematics--three credits. Two of the credits must consist of Algebra I and Geometry.
    (A) The additional credit may be selected from one full credit or a combination of two half credits from two different courses, subject to prerequisite requirements, from the following courses or a credit selected from the courses listed in subparagraph (B) of this paragraph:
      (i) Mathematical Models with Applications;
      (ii) Mathematical Applications in Agriculture, Food, and Natural Resources;
      (iii) Digital Electronics;
      (iv) Robotics Programming and Design;
      (v) Financial Mathematics;
      (vi) Applied Mathematics for Technical Professionals;
      (vii) Accounting II;
      (viii) Manufacturing Engineering Technology II; and
      (ix) Robotics II.
    (B) The additional credit may be selected from one full credit or a combination of two half credits from two different courses, subject to prerequisite requirements, from the following courses:
      (i) Algebra II;
      (ii) Precalculus;
      (iii) Advanced Quantitative Reasoning;
      (iv) Independent Study in Mathematics;
      (v) Discrete Mathematics for Problem Solving;
      (vi) Algebraic Reasoning;
      (vii) Statistics;
      (viii) a comparable AP mathematics course that does not count toward another credit required for graduation;
      (ix) AP Computer Science A;
      (x) IB Computer Science Higher Level;
      (xi) Engineering Mathematics;
      (xii) Statistics and Business Decision Making;
      (xiii) Mathematics for Medical Professionals;
      (xiv) Discrete Mathematics for Computer Science;
      (xv) pursuant to the TEC, §28.025(b-5), after the successful completion of Algebra II, a mathematics course endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit. The Texas Education Agency (TEA) shall maintain a current list of courses offered under this clause; and
      (xvi) after the successful completion of Algebra I and Geometry, a locally developed mathematics course or other activity, including an apprenticeship or training hours needed to obtain an industry-recognized credential or certificate that is developed pursuant to the TEC, §28.002(g-1).
    (C) One credit of a two-credit IB mathematics course selected from Chapter 111 of this title (relating to Texas Essential Knowledge and Skills for Mathematics) may satisfy the additional mathematics credit.
  (3) Science--three credits. One credit must consist of Biology or a comparable AP or IB biology course.
    (A) One credit must be selected from the following laboratory-based courses:
      (i) Integrated Physics and Chemistry;
      (ii) Chemistry;
      (iii) Physics;
      (iv) Principles of Technology; and
      (v) a comparable AP or IB chemistry or physics course that does not count toward another credit required for graduation.
    (B) The additional credit may be selected from one full credit or a combination of two half credits from two different courses, subject to prerequisite requirements, from the following laboratory-based courses:
      (i) Chemistry;
      (ii) Physics;
      (iii) Aquatic Science;
      (iv) Astronomy;
      (v) Earth and Space Science;
      (vi) Environmental Systems;
      (vii) a comparable AP science course that does not count toward another credit required for graduation;
      (viii) Advanced Animal Science;
      (ix) Advanced Plant and Soil Science;
      (x) Anatomy and Physiology;
      (xi) Medical Microbiology;
      (xii) Pathophysiology;
      (xiii) Food Science;
      (xiv) Forensic Science;
      (xv) Biotechnology I;
      (xvi) Biotechnology II;
      (xvii) Principles of Technology;
      (xviii) Scientific Research and Design;
      (xix) Engineering Design and Problem Solving;
      (xx) Engineering Science;
      (xxi) pursuant to the TEC, §28.025(b-5), after the successful completion of physics, a science course endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit. The TEA shall maintain a current list of courses offered under this clause;
      (xxii) a locally developed science course or other activity, including an apprenticeship or training hours needed to obtain an industry-recognized credential or certificate that is developed pursuant to the TEC, §28.002(g-1); and
      (xxiii) one credit of a two-credit IB science course selected from Chapter 112 of this title (relating to Texas Essential Knowledge and Skills for Science).
    (C) Credit may not be earned for both physics and Principles of Technology to satisfy science credit requirements.
  (4) Social studies--three credits. Two of the credits must consist of United States History Studies Since 1877 (one credit), United States Government (one-half credit), and Economics with Emphasis on the Free Enterprise System and Its Benefits (one-half credit). The additional credit may be selected from the following courses:
    (A) World History Studies; or
    (B) World Geography Studies; or
    (C) a comparable AP or IB world history or world geography course that does not count toward another credit required for graduation.
  (5) Languages other than English (LOTE)--two credits.
    (A) The credits may be selected from the following:
      (i) any two levels in the same language, including comparable AP or IB language courses that do not count toward another credit required for graduation; or
      (ii) two credits in computer programming languages, including computer coding, to be selected from Computer Science I, II, and III, AP Computer Science Principles, AP Computer Science A, IB Computer Science Standard Level, and IB Computer Science Higher Level.
    (B) A single two-credit IB LOTE course may only satisfy one LOTE requirement.
    (C) If a student, in completing the first credit of LOTE, demonstrates that the student is unlikely to be able to complete the second credit, the student may substitute another appropriate course as follows:
      (i) Special Topics in Language and Culture;
      (ii) World History Studies or World Geography Studies for a student who is not required to complete both by the local district;
      (iii) another credit selected from Chapter 114 of this title (relating to Texas Essential Knowledge and Skills for Languages Other Than English); or
      (iv) computer programming languages, including computer coding.
    (D) The determination regarding a student's ability to complete the second credit of LOTE must be agreed to by:
      (i) the teacher of the first LOTE credit course or another LOTE teacher designated by the school district, the principal or designee, and the student's parent or person standing in parental relation;
      (ii) the student's admission, review, and dismissal (ARD) committee if the student receives special education services under the TEC, Chapter 29, Subchapter A; or
      (iii) the committee established for the student under Section 504, Rehabilitation Act of 1973 (29 United States Code, Section 794) if the student does not receive special education services under the TEC, Chapter 29, Subchapter A, but is covered by the Rehabilitation Act of 1973.
    (E) A student, who due to a disability, is unable to complete two credits in the same language in a language other than English, may substitute a combination of two credits that are not being used to satisfy another specific graduation requirement selected from English language arts, mathematics, science, or social studies or two credits in career and technical education or technology applications for the LOTE credit requirements. The determination regarding a student's ability to complete the LOTE credit requirements will be made by:
      (i) the student's ARD committee if the student receives special education services under the TEC, Chapter 29, Subchapter A; or
      (ii) the committee established for the student under Section 504, Rehabilitation Act of 1973 (29 United States Code, Section 794) if the student does not receive special education services under the TEC, Chapter 29, Subchapter A, but is covered by the Rehabilitation Act of 1973.
    (F) A student who successfully completes a dual language immersion/two-way or dual language immersion/one-way program in accordance with §89.1210(d)(3) and (4) of this title (relating to Program Content and Design), §89.1227 of this title (relating to Minimum Requirements for Dual Language Immersion Program Model), and §89.1228 of this title (relating to Two-Way Dual Language Immersion Program Model Implementation) at an elementary school may satisfy one credit of the two credits required in a language other than English.
      (i) To successfully complete a dual language immersion program, a student must:
        (I) have participated in a dual language immersion program for at least five consecutive school years;
        (II) achieve high levels of academic competence as demonstrated by performance of meets or masters grade level on both the mathematics and reading State of Texas Assessments of Academic Readiness (STAAR®) in English or Spanish, as applicable, in at least one grade level; and
(III) achieve proficiency in both English and a language other than English as demonstrated by scores of proficient or higher in the reading and speaking domains on language proficiency or achievement tests in both languages.
      (ii) The second credit of a language other than English must be in the same language as the successfully completed dual language immersion program.
    (G) A student who successfully completes a course in American Sign Language while in elementary school may satisfy one credit of the two credits required in a language other than English.
  (6) Physical education--one credit.
    (A) The required credit may be selected from any combination of the following one-half to one credit courses:
      (i) Foundations of Personal Fitness;
      (ii) Adventure/Outdoor Education;
      (iii) Aerobic Activities; and
      (iv) Team or Individual Sports.
    (B) In accordance with local district policy, the required credit may be earned through completion of any Texas essential knowledge and skills-based course that meets the requirement in subparagraph (E) of this paragraph for 100 minutes of moderate to vigorous physical activity per five-day school week and that is not being used to satisfy another specific graduation requirement.
    (C) In accordance with local district policy, credit for any of the courses listed in subparagraph (A) of this paragraph may be earned through participation in the following activities:
      (i) Athletics;
      (ii) Junior Reserve Officer Training Corps (JROTC); and
      (iii) appropriate private or commercially sponsored physical activity programs conducted on or off campus. The district must apply to the commissioner of education for approval of such programs, which may be substituted for state graduation credit in physical education. Such approval may be granted under the following conditions.
        (I) Olympic-level participation and/or competition includes a minimum of 15 hours per week of highly intensive, professional, supervised training. The training facility, instructors, and the activities involved in the program must be certified by the superintendent to be of exceptional quality. Students qualifying and participating at this level may be dismissed from school one hour per day. Students dismissed may not miss any class other than physical education.
        (II) Private or commercially sponsored physical activities include those certified by the superintendent to be of high quality and well supervised by appropriately trained instructors. Student participation of at least five hours per week must be required. Students certified to participate at this level may not be dismissed from any part of the regular school day.
    (D) In accordance with local district policy, up to one credit for any one of the courses listed in subparagraph (A) of this paragraph may be earned through participation in any of the following activities:
      (i) Drill Team;
      (ii) Marching Band; and
      (iii) Cheerleading.
    (E) All substitution activities allowed in subparagraphs (B)-(D) of this paragraph must include at least 100 minutes per five-day school week of moderate to vigorous physical activity.
    (F) Credit may not be earned more than once for any course identified in subparagraph (A) of this paragraph. No more than four substitution credits may be earned through any combination of substitutions allowed in subparagraphs (B)-(D) of this paragraph.
    (G) A student who is unable to participate in physical activity due to disability or illness may substitute an academic elective credit (English language arts, mathematics, science, or social studies) or a course that is offered for credit as provided by the TEC, §28.002(g-1), for the physical education credit requirement. The determination regarding a student's ability to participate in physical activity will be made by:
      (i) the student's ARD committee if the student receives special education services under the TEC, Chapter 29, Subchapter A;
      (ii) the committee established for the student under Section 504, Rehabilitation Act of 1973 (29 United States Code, Section 794) if the student does not receive special education services under the TEC, Chapter 29, Subchapter A, but is covered by the Rehabilitation Act of 1973; or
      (iii) a committee established by the school district of persons with appropriate knowledge regarding the student if each of the committees described by clauses (i) and (ii) of this subparagraph is inapplicable. This committee shall follow the same procedures required of an ARD or a Section 504 committee.
  (7) Fine arts--one credit.
    (A) The credit may be selected from the following courses subject to prerequisite requirements:
      (i) Art, Level I, II, III, or IV;
      (ii) Dance, Level I, II, III, or IV;
      (iii) Music, Level I, II, III, or IV;
      (iv) Music Studies;
      (v) Theatre, Level I, II, III, or IV;
      (vi) Musical Theatre, Level I, II, III, or IV;
      (vii) Technical Theatre, Level I, II, III, or IV;
      (viii) IB Film Standard or Higher Level;
      (ix) Floral Design;
      (x) Digital Art and Animation; and
      (xi) 3-D Modeling and Animation.
    (B) In accordance with local district policy, credit may be earned through participation in a community-based fine arts program not provided by the school district in which the student is enrolled. The district must apply to the commissioner of education for approval of such programs, which may be substituted for state graduation credit in fine arts. Approval may be granted if the fine arts program provides instruction in the essential knowledge and skills identified for a fine arts course as defined by Chapter 117, Subchapter C, of this title (relating to High School, Adopted 2013).

 (c) Elective courses--five credits. The credits must be selected from the list of courses specified in §74.11(g) or (h) of this title (relating to High School Graduation Requirements) or from a locally developed course or activity developed pursuant to the TEC, §28.002(g-1), for which a student may receive credit and that does not satisfy a specific course requirement.

 (d) Substitutions. No substitutions are allowed in the Foundation High School Program, except as specified in this chapter.

Last Amended:   August 1, 2020, 45 TexReg 4178
Entered:  October 22, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements.

. . .
(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.
. . .

Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 19, 2021

19 Texas Administrative Code § 101.3023. Participation and Graduation Assessment Requirements for Students Receiving Special Education Services.

(a)  As stipulated by §89.1070 of this title (relating to Graduation Requirements), a student receiving special education services under the Texas Education Code (TEC), Chapter 29, Subchapter A, who successfully completes the requirements of his or her individualized education program (IEP), including performance on a state assessment required for graduation, shall receive a Texas high school diploma. A student's admission, review, and dismissal (ARD) committee shall determine if the student will be required to meet satisfactory performance on an assessment for purposes of graduation.

(b)  Beginning with the 2011-2012 school year, all Grades 9-12 students with significant cognitive disabilities who are assessed with an alternate assessment as specified in the student's IEP will be assessed using alternate versions of end-of-course (EOC) assessments as listed in §101.3011(b)(2) of this title (relating to Implementation and Administration of Academic Content Area Assessment Instruments).

(c)  For the 2011-2012 through 2013-2014 school years, a student who is receiving special education services under the TEC, Chapter 29, Subchapter A, and who is first enrolled in Grade 9 or below in the 2011-2012 school year shall be administered an alternative version of an EOC assessment instrument upon completion of the corresponding course as required by the student's IEP. Beginning with the 2014-2015 school year, a student who is receiving special education services under the TEC, Chapter 29, Subchapter A, whose IEP does not specify the administration of an alternate assessment and who is first enrolled in Grade 9 or below in the 2011-2012 school year shall be administered an EOC assessment instrument upon completion of the corresponding course as required by the student's IEP.


Last Amended:  March 25, 2014, 39 TexReg 2077  
Entered:  Sept. 21, 2015

Texas Education Code § 28.025. High School Diploma and Certificate; Academic Achievement Record.  

(c) A person may receive a diploma if the person is eligible for a diploma under Section 28.0251. In other cases, a student may graduate and receive a diploma only if:
. . . 
(2) the student successfully completes an individualized education program developed under Section 29.005.
. . . 

Last Amended: 86th Leg., R.S., Ch. 711 (H.B. 165), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 625 (S.B. 1374), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 739 (H.B. 678), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.014, eff. June 12, 2019
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 2, eff. May 7, 2019
86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.05, eff. June 10, 2019
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 2, eff. June 7, 2021
87th Leg., R.S., Ch. 433 (S.B. 1063), Sec. 1, eff. June 8, 2021
Entered: October 22, 2021

Texas Education Code § 39.025.  Secondary-Level Performance Required.  

(a)  The commissioner shall adopt rules requiring a student in the foundation high school program under Section 28.025 to be administered an end-of-course assessment instrument listed in Section 39.023(c) only for a course in which the student is enrolled and for which an end-of-course assessment instrument is administered.  A student is required to achieve a scale score that indicates satisfactory performance, as determined by the commissioner under Section 39.0241(a), on each end-of-course assessment instrument administered to the student. For each scale score required under this subsection that is not based on a 100-point scale scoring system, the commissioner shall provide for conversion, in accordance with commissioner rule, of the scale score to an equivalent score based on a 100-point scale scoring system.  A student may not receive a high school diploma until the student has performed satisfactorily on end-of-course assessment instruments in the manner provided under this subsection.  This subsection does not require a student to demonstrate readiness to enroll in an institution of higher education.

 

(a-4)  The admission, review, and dismissal committee of a student in a special education program under Subchapter A, Chapter 29, shall determine whether, to receive a high school diploma, the student is required to achieve satisfactory performance on end-of-course assessment instruments.

(a-5)  Notwithstanding Subsection (a), a student who has failed to perform satisfactorily on end-of-course assessment instruments in the manner provided under this section may receive a high school diploma if the student has qualified for graduation under Section 28.0258. 

(b)  Each time an end-of-course assessment instrument adopted under Section 39.023(c) is administered, a student who failed to achieve a score requirement under Subsection (a) may retake the assessment instrument. A student is not required to retake a course as a condition of retaking an end-of-course assessment instrument.

(b-1)  A school district shall provide each student who fails to perform satisfactorily as determined by the commissioner under Section 39.0241(a) on an end-of-course assessment instrument with accelerated instruction under Section 28.0217 in the subject assessed by the assessment instrument.

(b-2)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 934 , Sec. 5(3), eff. June 18, 2015.

(c)  A student who has been denied a high school diploma under this section and who subsequently performs at the level necessary to comply with the requirements of this section shall be issued a high school diploma.
(c-1)  A school district may not administer an assessment instrument required for graduation administered under this section as this section existed:
(1)  before September 1, 1999; or (2)  before amendment by Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular Session, 2007.
(c-2)  A school district may administer to a student who failed to perform satisfactorily on an assessment instrument described by Subsection (c-1) an alternate assessment instrument designated by the commissioner. The commissioner shall determine the level of performance considered to be satisfactory on an alternate assessment instrument.  The district may not administer to the student an assessment instrument or a part of an assessment instrument that assesses a subject that was not assessed in an assessment instrument applicable to the student described by Subsection (c-1). The commissioner shall make available to districts information necessary to administer the alternate assessment instrument authorized by this subsection. The commissioner's determination regarding designation of an appropriate alternate assessment instrument under this subsection and the performance required on the assessment instrument is final and may not be appealed.
(d)  Notwithstanding Subsection (a), the commissioner by rule shall adopt one or more alternative nationally recognized norm referenced assessment instruments under this section to administer to a student to qualify for a high school diploma if the student enrolls after January 1 of the school year in which the student is otherwise eligible to graduate:
(1)  for the first time in a public school in this state; or
(2)  after an absence of at least four years from any public school in this state.

(e)  The commissioner shall establish a required performance level for an assessment instrument adopted under Subsection (d) that is at least as rigorous as the performance level required to be met under Subsection (a).

(e-1)  Nothing in this section has the effect of prohibiting the administration of an end-of-course assessment instrument listed in Section 39.023(c) to a student enrolled below the high school level who is enrolled in the course for which the assessment instrument is adopted. The commissioner shall adopt rules necessary to ensure that the student's performance on the assessment instrument is considered in the same manner for purposes of this section as the performance of a student enrolled at the high school level.

(f)  The commissioner shall by rule adopt a transition plan to implement the amendments made by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007, replacing general subject assessment instruments administered at the high school level with end-of-course assessment instruments. The rules must provide for the end-of-course assessment instruments adopted under Section 39.023(c) to be administered beginning with students enrolled in the ninth grade for the first time during the 2011-2012 school year.  During the period under which the transition to end-of-course assessment instruments is made:
(1)  for students entering a grade above the ninth grade during the 2011-2012 school year or students repeating ninth grade during the 2011-2012 school year, the commissioner shall retain, administer, and use for purposes of accreditation and other campus and district accountability measures under this chapter the assessment instruments required by Section 39.023(a) or (c), as that section existed before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007; and
(2)  a student subject to Subdivision (1) may not receive a high school diploma unless the student has performed satisfactorily on the SAT, the ACT, the Texas Success Initiative (TSI) diagnostic assessment, or the current assessment instrument or instruments administered for graduation purposes as provided by Subsection (f-1) or on each required assessment instrument administered under Section 39.023(c), as that section existed before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007.

(f-1)  The commissioner shall establish satisfactory performance levels for the SAT, the ACT, the Texas Success Initiative (TSI) diagnostic assessment, and the current assessment instrument or instruments administered for graduation purposes that are equivalent in rigor to the performance level required to be met under Subsection (a), as that subsection existed before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007, that qualify a student subject to Subsection (f)(1) to receive a high school diploma. Notwithstanding Subsection (f), the commissioner is not required after September 1, 2017, to maintain and administer assessment instruments administered under Section 39.023(c), as that section existed before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007.

(f-2)  A school district shall determine which assessment or assessments described by Subsection (f-1) qualify a student subject to Subsection (f)(1) to receive a high school diploma from the district.
(g)  Rules adopted under Subsection (f) must require that each student who will be subject to the requirements of Subsection (a) is entitled to notice of the specific requirements applicable to the student. Notice under this subsection must be provided not later than the date the student enters the eighth grade.  

Last Amended: 86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 8, May 7, 2019 
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 9, May 7, 2019 
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 4, eff. June 7, 2021
87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 5, eff. June 16, 2021
Entered: October 20, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements.

. . .
(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.
. . .
(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.
. . .


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 20, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements.

. . .
(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.
. . .
(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.
. . .


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 20, 2021

19 Texas Administrative Code § 74.1025. Individual Graduation Committee Review.

. . . 
(n)  A student receiving special education services is not subject to the individual graduation committee requirements in the TEC, §28.0258, or the provisions of this section. As provided in §89.1070 of this title (relating to Graduation Requirements) and §101.3023 of this title (relating to Participation and Graduation Assessment Requirements for Students Receiving Special Education Services), a student's admission, review, and dismissal (ARD) committee determines whether a student is required to achieve satisfactory performance on an EOC assessment to graduate.


Last Amended:  February 27, 2018, 43 TexReg 1090 
Entered: March 19, 2018

19 Texas Administrative Code § 89.1070. Graduation Requirements.

. . .
(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.
. . .
(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.
. . .


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 20, 2021

19 Texas Administrative Code § 101.3023. Participation and Graduation Assessment Requirements for Students Receiving Special Education Services.

(a)  As stipulated by §89.1070 of this title (relating to Graduation Requirements), a student receiving special education services under the Texas Education Code (TEC), Chapter 29, Subchapter A, who successfully completes the requirements of his or her individualized education program (IEP), including performance on a state assessment required for graduation, shall receive a Texas high school diploma. A student's admission, review, and dismissal (ARD) committee shall determine if the student will be required to meet satisfactory performance on an assessment for purposes of graduation.
. . . 


Last Amended:  March 25, 2014, 39 TexReg 2077  
Entered:  Sept. 21, 2015

Texas Education Code § 39.025.  Secondary-Level Performance Required.   

(a-4)  The admission, review, and dismissal committee of a student in a special education program under Subchapter A, Chapter 29, shall determine whether, to receive a high school diploma, the student is required to achieve satisfactory performance on end-of-course assessment instruments. 
. . . 

Last Amended: 86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 8, May 7, 2019 
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 9, May 7, 2019 
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 4, eff. June 7, 2021
87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 5, eff. June 16, 2021
Entered: October 20, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements.

. . .
(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.
. . .
(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.
. . .


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 20, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements.  

. . . 
(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. 
. . . 
(2)  The student has demonstrated mastery of the required state standards (or district standards if greater) in Chapters 110-118, 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)  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.
. . .


Last Amended:  February 15, 2018, 43 TexReg 763
Entered: March 6, 2018

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(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.
. . .
(2)  The student has demonstrated mastery of the required state standards (or district standards if greater) in Chapters 110-118, 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. . . .
(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. . . .


Last Amended:  February 15, 2018, 43 TexReg 763
Entered: March 6, 2018

19 Texas Administrative Code § 89.1070. Graduation Requirements.  

. . . 
(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.
. . .
(2)  The student has demonstrated mastery of the required state standards (or district standards if greater) in Chapters 110-118, 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.
. . .
(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.
. . .


Last Amended:  February 15, 2018, 43 TexReg 763
Entered: March 6, 2018

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(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. 
. . . 
(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.
. . . 
(D)  The student no longer meets age eligibility requirements. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1035. Age Ranges for Student Eligibility.

(a)  Pursuant to state and federal law, services provided in accordance with this subchapter must be available to all eligible students ages 3-21. Services will be made available to eligible students on their third birthday. Graduation with a regular high school diploma pursuant to §89.1070(b)(1), (b)(3)(D), (f)(1), (f)(2), (f)(3), or (f)(4)(D) of this title (relating to Graduation Requirements) terminates a student's eligibility to receive services in accordance with this subchapter. An eligible student receiving special education services who is 21 years of age on September 1 of a school year will be eligible for services through the end of that school year or until graduation with a regular high school diploma pursuant to §89.1070(b)(1), (b)(3)(D), (f)(1), (f)(2), (f)(3), or (f)(4)(D) of this title, whichever comes first.

(b)  In accordance with the Texas Education Code (TEC), §§29.003, 30.002(a), and 30.081, a free appropriate public education must be available from birth to students with visual impairments or who are deaf or hard of hearing.

Last Amended:  October 5, 2021, 46 TexReg 6533
Entered:  October 18, 2021
SBS

19 Texas Administrative Code § 74.12. Foundation High School Program.

(a) Credits. A student must earn at least 22 credits to complete the Foundation High School Program.

 (b) Core courses. A student must demonstrate proficiency in the following.
  (1) English language arts--four credits. Two of the credits must consist of English I and II. (Students with limited English proficiency who are at the beginning or intermediate level of English language proficiency, as defined by §74.4(d) of this title (relating to English Language Proficiency Standards), may satisfy the English I and English II graduation requirements by successfully completing English I for Speakers of Other Languages and English II for Speakers of Other Languages.) A third credit must consist of English III, a comparable Advanced Placement (AP) English language arts course that does not count toward another credit required for graduation, or a comparable International Baccalaureate (IB) English language arts course that meets all the requirements in §110.33 of this title (relating to English Language Arts and Reading, English III (One Credit), Beginning with School Year 2009-2010). A fourth credit may be selected from one full credit or a combination of two half credits from two different courses, subject to prerequisite requirements, from the following courses:
    (A) English IV;
    (B) Independent Study in English;
    (C) Literary Genres;
    (D) Creative Writing;
    (E) Research and Technical Writing;
    (F) Humanities;
    (G) Public Speaking III;
    (H) Communication Applications, which must be combined with another half credit from the other courses listed in subparagraphs (A)-(G) and (I)-(S) of this paragraph;
    (I) Oral Interpretation III;
    (J) Debate III;
    (K) Independent Study in Speech;
    (L) Independent Study in Journalism;
    (M) Advanced Broadcast Journalism III;
    (N) Advanced Journalism: Newspaper III;
    (O) Advanced Journalism: Yearbook III;
    (P) a comparable Advanced Placement (AP) English language arts course that does not count toward another credit required for graduation;
    (Q) a comparable International Baccalaureate (IB) English language arts course that meets all the requirements in §110.34 of this title (relating to English Language Arts and Reading, English IV (One Credit), Beginning with School Year 2009-2010);
    (R) after the successful completion of English I, II, and III, a locally developed English language arts course or other activity, including an apprenticeship or training hours needed to obtain an industry-recognized credential or certificate that is developed pursuant to the Texas Education Code (TEC), §28.002(g-1);
    (S) Business English; and
    (T) a college preparatory English language arts course that is developed pursuant to the TEC, §28.014.
  (2) Mathematics--three credits. Two of the credits must consist of Algebra I and Geometry.
    (A) The additional credit may be selected from one full credit or a combination of two half credits from two different courses, subject to prerequisite requirements, from the following courses or a credit selected from the courses listed in subparagraph (B) of this paragraph:
      (i) Mathematical Models with Applications;
      (ii) Mathematical Applications in Agriculture, Food, and Natural Resources;
      (iii) Digital Electronics;
      (iv) Robotics Programming and Design;
      (v) Financial Mathematics;
      (vi) Applied Mathematics for Technical Professionals;
      (vii) Accounting II;
      (viii) Manufacturing Engineering Technology II; and
      (ix) Robotics II.
    (B) The additional credit may be selected from one full credit or a combination of two half credits from two different courses, subject to prerequisite requirements, from the following courses:
      (i) Algebra II;
      (ii) Precalculus;
      (iii) Advanced Quantitative Reasoning;
      (iv) Independent Study in Mathematics;
      (v) Discrete Mathematics for Problem Solving;
      (vi) Algebraic Reasoning;
      (vii) Statistics;
      (viii) a comparable AP mathematics course that does not count toward another credit required for graduation;
      (ix) AP Computer Science A;
      (x) IB Computer Science Higher Level;
      (xi) Engineering Mathematics;
      (xii) Statistics and Business Decision Making;
      (xiii) Mathematics for Medical Professionals;
      (xiv) Discrete Mathematics for Computer Science;
      (xv) pursuant to the TEC, §28.025(b-5), after the successful completion of Algebra II, a mathematics course endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit. The Texas Education Agency (TEA) shall maintain a current list of courses offered under this clause; and
      (xvi) after the successful completion of Algebra I and Geometry, a locally developed mathematics course or other activity, including an apprenticeship or training hours needed to obtain an industry-recognized credential or certificate that is developed pursuant to the TEC, §28.002(g-1).
    (C) One credit of a two-credit IB mathematics course selected from Chapter 111 of this title (relating to Texas Essential Knowledge and Skills for Mathematics) may satisfy the additional mathematics credit.
  (3) Science--three credits. One credit must consist of Biology or a comparable AP or IB biology course.
    (A) One credit must be selected from the following laboratory-based courses:
      (i) Integrated Physics and Chemistry;
      (ii) Chemistry;
      (iii) Physics;
      (iv) Principles of Technology; and
      (v) a comparable AP or IB chemistry or physics course that does not count toward another credit required for graduation.
    (B) The additional credit may be selected from one full credit or a combination of two half credits from two different courses, subject to prerequisite requirements, from the following laboratory-based courses:
      (i) Chemistry;
      (ii) Physics;
      (iii) Aquatic Science;
      (iv) Astronomy;
      (v) Earth and Space Science;
      (vi) Environmental Systems;
      (vii) a comparable AP science course that does not count toward another credit required for graduation;
      (viii) Advanced Animal Science;
      (ix) Advanced Plant and Soil Science;
      (x) Anatomy and Physiology;
      (xi) Medical Microbiology;
      (xii) Pathophysiology;
      (xiii) Food Science;
      (xiv) Forensic Science;
      (xv) Biotechnology I;
      (xvi) Biotechnology II;
      (xvii) Principles of Technology;
      (xviii) Scientific Research and Design;
      (xix) Engineering Design and Problem Solving;
      (xx) Engineering Science;
      (xxi) pursuant to the TEC, §28.025(b-5), after the successful completion of physics, a science course endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit. The TEA shall maintain a current list of courses offered under this clause;
      (xxii) a locally developed science course or other activity, including an apprenticeship or training hours needed to obtain an industry-recognized credential or certificate that is developed pursuant to the TEC, §28.002(g-1); and
      (xxiii) one credit of a two-credit IB science course selected from Chapter 112 of this title (relating to Texas Essential Knowledge and Skills for Science).
    (C) Credit may not be earned for both physics and Principles of Technology to satisfy science credit requirements.
  (4) Social studies--three credits. Two of the credits must consist of United States History Studies Since 1877 (one credit), United States Government (one-half credit), and Economics with Emphasis on the Free Enterprise System and Its Benefits (one-half credit). The additional credit may be selected from the following courses:
    (A) World History Studies; or
    (B) World Geography Studies; or
    (C) a comparable AP or IB world history or world geography course that does not count toward another credit required for graduation.
  (5) Languages other than English (LOTE)--two credits.
    (A) The credits may be selected from the following:
      (i) any two levels in the same language, including comparable AP or IB language courses that do not count toward another credit required for graduation; or
      (ii) two credits in computer programming languages, including computer coding, to be selected from Computer Science I, II, and III, AP Computer Science Principles, AP Computer Science A, IB Computer Science Standard Level, and IB Computer Science Higher Level.
    (B) A single two-credit IB LOTE course may only satisfy one LOTE requirement.
    (C) If a student, in completing the first credit of LOTE, demonstrates that the student is unlikely to be able to complete the second credit, the student may substitute another appropriate course as follows:
      (i) Special Topics in Language and Culture;
      (ii) World History Studies or World Geography Studies for a student who is not required to complete both by the local district;
      (iii) another credit selected from Chapter 114 of this title (relating to Texas Essential Knowledge and Skills for Languages Other Than English); or
      (iv) computer programming languages, including computer coding.
    (D) The determination regarding a student's ability to complete the second credit of LOTE must be agreed to by:
      (i) the teacher of the first LOTE credit course or another LOTE teacher designated by the school district, the principal or designee, and the student's parent or person standing in parental relation;
      (ii) the student's admission, review, and dismissal (ARD) committee if the student receives special education services under the TEC, Chapter 29, Subchapter A; or
      (iii) the committee established for the student under Section 504, Rehabilitation Act of 1973 (29 United States Code, Section 794) if the student does not receive special education services under the TEC, Chapter 29, Subchapter A, but is covered by the Rehabilitation Act of 1973.
    (E) A student, who due to a disability, is unable to complete two credits in the same language in a language other than English, may substitute a combination of two credits that are not being used to satisfy another specific graduation requirement selected from English language arts, mathematics, science, or social studies or two credits in career and technical education or technology applications for the LOTE credit requirements. The determination regarding a student's ability to complete the LOTE credit requirements will be made by:
      (i) the student's ARD committee if the student receives special education services under the TEC, Chapter 29, Subchapter A; or
      (ii) the committee established for the student under Section 504, Rehabilitation Act of 1973 (29 United States Code, Section 794) if the student does not receive special education services under the TEC, Chapter 29, Subchapter A, but is covered by the Rehabilitation Act of 1973.
    (F) A student who successfully completes a dual language immersion/two-way or dual language immersion/one-way program in accordance with §89.1210(d)(3) and (4) of this title (relating to Program Content and Design), §89.1227 of this title (relating to Minimum Requirements for Dual Language Immersion Program Model), and §89.1228 of this title (relating to Two-Way Dual Language Immersion Program Model Implementation) at an elementary school may satisfy one credit of the two credits required in a language other than English.
      (i) To successfully complete a dual language immersion program, a student must:
        (I) have participated in a dual language immersion program for at least five consecutive school years;
        (II) achieve high levels of academic competence as demonstrated by performance of meets or masters grade level on both the mathematics and reading State of Texas Assessments of Academic Readiness (STAAR®) in English or Spanish, as applicable, in at least one grade level; and
(III) achieve proficiency in both English and a language other than English as demonstrated by scores of proficient or higher in the reading and speaking domains on language proficiency or achievement tests in both languages.
      (ii) The second credit of a language other than English must be in the same language as the successfully completed dual language immersion program.
    (G) A student who successfully completes a course in American Sign Language while in elementary school may satisfy one credit of the two credits required in a language other than English.
  (6) Physical education--one credit.
    (A) The required credit may be selected from any combination of the following one-half to one credit courses:
      (i) Foundations of Personal Fitness;
      (ii) Adventure/Outdoor Education;
      (iii) Aerobic Activities; and
      (iv) Team or Individual Sports.
    (B) In accordance with local district policy, the required credit may be earned through completion of any Texas essential knowledge and skills-based course that meets the requirement in subparagraph (E) of this paragraph for 100 minutes of moderate to vigorous physical activity per five-day school week and that is not being used to satisfy another specific graduation requirement.
    (C) In accordance with local district policy, credit for any of the courses listed in subparagraph (A) of this paragraph may be earned through participation in the following activities:
      (i) Athletics;
      (ii) Junior Reserve Officer Training Corps (JROTC); and
      (iii) appropriate private or commercially sponsored physical activity programs conducted on or off campus. The district must apply to the commissioner of education for approval of such programs, which may be substituted for state graduation credit in physical education. Such approval may be granted under the following conditions.
        (I) Olympic-level participation and/or competition includes a minimum of 15 hours per week of highly intensive, professional, supervised training. The training facility, instructors, and the activities involved in the program must be certified by the superintendent to be of exceptional quality. Students qualifying and participating at this level may be dismissed from school one hour per day. Students dismissed may not miss any class other than physical education.
        (II) Private or commercially sponsored physical activities include those certified by the superintendent to be of high quality and well supervised by appropriately trained instructors. Student participation of at least five hours per week must be required. Students certified to participate at this level may not be dismissed from any part of the regular school day.
    (D) In accordance with local district policy, up to one credit for any one of the courses listed in subparagraph (A) of this paragraph may be earned through participation in any of the following activities:
      (i) Drill Team;
      (ii) Marching Band; and
      (iii) Cheerleading.
    (E) All substitution activities allowed in subparagraphs (B)-(D) of this paragraph must include at least 100 minutes per five-day school week of moderate to vigorous physical activity.
    (F) Credit may not be earned more than once for any course identified in subparagraph (A) of this paragraph. No more than four substitution credits may be earned through any combination of substitutions allowed in subparagraphs (B)-(D) of this paragraph.
    (G) A student who is unable to participate in physical activity due to disability or illness may substitute an academic elective credit (English language arts, mathematics, science, or social studies) or a course that is offered for credit as provided by the TEC, §28.002(g-1), for the physical education credit requirement. The determination regarding a student's ability to participate in physical activity will be made by:
      (i) the student's ARD committee if the student receives special education services under the TEC, Chapter 29, Subchapter A;
      (ii) the committee established for the student under Section 504, Rehabilitation Act of 1973 (29 United States Code, Section 794) if the student does not receive special education services under the TEC, Chapter 29, Subchapter A, but is covered by the Rehabilitation Act of 1973; or
      (iii) a committee established by the school district of persons with appropriate knowledge regarding the student if each of the committees described by clauses (i) and (ii) of this subparagraph is inapplicable. This committee shall follow the same procedures required of an ARD or a Section 504 committee.
  (7) Fine arts--one credit.
    (A) The credit may be selected from the following courses subject to prerequisite requirements:
      (i) Art, Level I, II, III, or IV;
      (ii) Dance, Level I, II, III, or IV;
      (iii) Music, Level I, II, III, or IV;
      (iv) Music Studies;
      (v) Theatre, Level I, II, III, or IV;
      (vi) Musical Theatre, Level I, II, III, or IV;
      (vii) Technical Theatre, Level I, II, III, or IV;
      (viii) IB Film Standard or Higher Level;
      (ix) Floral Design;
      (x) Digital Art and Animation; and
      (xi) 3-D Modeling and Animation.
    (B) In accordance with local district policy, credit may be earned through participation in a community-based fine arts program not provided by the school district in which the student is enrolled. The district must apply to the commissioner of education for approval of such programs, which may be substituted for state graduation credit in fine arts. Approval may be granted if the fine arts program provides instruction in the essential knowledge and skills identified for a fine arts course as defined by Chapter 117, Subchapter C, of this title (relating to High School, Adopted 2013).

 (c) Elective courses--five credits. The credits must be selected from the list of courses specified in §74.11(g) or (h) of this title (relating to High School Graduation Requirements) or from a locally developed course or activity developed pursuant to the TEC, §28.002(g-1), for which a student may receive credit and that does not satisfy a specific course requirement.

 (d) Substitutions. No substitutions are allowed in the Foundation High School Program, except as specified in this chapter.

Last Amended:   August 1, 2020, 45 TexReg 4178
Entered:  October 22, 2021

19 Texas Administrative Code § 74.13. Endorsements.

(a) A student shall specify in writing an endorsement the student intends to earn upon entering Grade 9.

(b) A district shall permit a student to enroll in courses under more than one endorsement before the student's junior year and to choose, at any time, to earn an endorsement other than the endorsement the student previously indicated. This section does not entitle a student to remain enrolled to earn more than 26 credits.

(c) A student must earn at least 26 credits to earn an endorsement.

(d) A school district may define advanced courses and determine a coherent sequence of courses for an endorsement area, provided that prerequisites in Chapters 110-117, 127, and 130 of this title are followed.

(e) To earn an endorsement a student must demonstrate proficiency in the following.
  (1) The curriculum requirements for the Foundation High School Program as defined by §74.12 of this title (relating to Foundation High School Program).
  (2) A fourth credit in mathematics that may be selected from one full credit or a combination of two half credits from two different courses, subject to prerequisite requirements, from the following courses:
    (A) Algebra II;
    (B) Precalculus;
    (C) Advanced Quantitative Reasoning;
    (D) Independent Study in Mathematics;
    (E) Discrete Mathematics for Problem Solving;
    (F) Algebraic Reasoning;
    (G) Statistics;
    (H) a comparable Advanced Placement (AP) mathematics course that does not count toward another credit required for graduation;
    (I) AP Computer Science A;
    (J) International Baccalaureate (IB) Computer Science Higher Level;
    (K) Engineering Mathematics;
    (L) Statistics and Business Decision Making;
    (M) Mathematics for Medical Professionals;
    (N) Discrete Mathematics for Computer Science;
    (O) pursuant to the Texas Education Code (TEC), §28.025(b-5), after the successful completion of Algebra II, a mathematics course endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit. The Texas Education Agency (TEA) shall maintain a current list of courses offered under this subparagraph; and
    (P) after the successful completion of Algebra I and Geometry, a locally developed mathematics course or other activity, including an apprenticeship or training hours needed to obtain an industry-recognized credential or certificate that is developed pursuant to the TEC, §28.002(g-1).
  (3) A student may complete a course listed in paragraph (2) of this subsection before or after completing a course listed in §74.12(b)(2)(A) of this title.
  (4) The fourth mathematics credit may be a college preparatory mathematics course that is developed and offered pursuant to the TEC, §28.014.
  (5) The fourth mathematics credit may be satisfied with one credit of a two-credit IB mathematics course selected from Chapter 111 of this title (relating to Texas Essential Knowledge and Skills for Mathematics) that does not count toward another credit required for graduation.
  (6) An additional credit in science that may be selected from one full credit or a combination of two half credits from two different courses, subject to prerequisite requirements, from the following courses:
    (A) Chemistry;
    (B) Physics;
    (C) Aquatic Science;
    (D) Astronomy;
    (E) Earth and Space Science;
    (F) Environmental Systems;
    (G) a comparable AP science course that does not count toward another credit required for graduation;
    (H) Advanced Animal Science;
    (I) Advanced Plant and Soil Science;
    (J) Anatomy and Physiology;
    (K) Medical Microbiology;
    (L) Pathophysiology;
    (M) Food Science;
    (N) Forensic Science;
    (O) Biotechnology I;
    (P) Biotechnology II;
    (Q) Principles of Technology;
    (R) Scientific Research and Design;
    (S) Engineering Design and Problem Solving;
    (T) Engineering Science;
    (U) pursuant to the TEC, §28.025(b-5), after the successful completion of physics, a science course endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit. The TEA shall maintain a current list of courses offered under this subparagraph;
    (V) a locally developed science course or other activity, including an apprenticeship or training hours needed to obtain an industry-recognized credential or certificate that is developed pursuant to the TEC, §28.002(g-1);
    (W) pursuant to the TEC, §28.025(c-3), a student pursuing an arts and humanities endorsement who has the written permission of the student's parent or a person standing in parental relation to the student may substitute a course that is not being used to satisfy another specific graduation requirement selected from:
      (i) Chapter 110 of this title (relating to Texas Essential Knowledge and Skills for English Language Arts and Reading);
      (ii) Chapter 113 of this title (relating to Texas Essential Knowledge and Skills for Social Studies);
      (iii) Chapter 114 of this title (relating to Texas Essential Knowledge and Skills for Languages Other Than English); or
      (iv) Chapter 117 of this title (relating to Texas Essential Knowledge and Skills for Fine Arts); and
    (X) credit may not be earned for both physics and Principles of Technology to satisfy science credit requirements.
    (Y) The fourth science credit may be satisfied with one credit of a two-credit IB science course selected from Chapter 112 of this title (relating to Texas Essential Knowledge and Skills for Science) that does not count toward another credit required for graduation.
  (7) Two additional elective credits that may be selected from the list of courses specified in §74.11(g) or (h) of this title (relating to High School Graduation Requirements).

(f) A student may earn any of the following endorsements.
  (1) Science, technology, engineering, and mathematics (STEM). A student may earn a STEM endorsement by completing the requirements specified in subsection (e) of this section, including Algebra II, chemistry, and physics or Principles of Technology and:
    (A) a coherent sequence of courses for four or more credits in career and technical education (CTE) that consists of at least two courses in the same career cluster and at least one advanced CTE course. The courses may be selected from Chapter 130 of this title (relating to Texas Essential Knowledge and Skills for Career and Technical Education), Chapter 127 of this title (relating to Texas Essential Knowledge and Skills for Career Development), or CTE innovative courses approved by the commissioner of education. The final course in the sequence must be selected from Chapter 130, Subchapter O, of this title (relating to Science, Technology, Engineering, and Mathematics) or Career Preparation I or II and Project-Based Research in Chapter 127, Subchapter B, of this title (relating to High School), if the course addresses a STEM-related field; or
    (B) courses required to complete a TEA-designated program of study related to STEM; or
    (C) three credits in mathematics by successfully completing Algebra II and two additional mathematics courses for which Algebra II is a prerequisite by selecting courses from subsection (e)(2) of this section; or
    (D) four credits in science by successfully completing chemistry, physics, and two additional science courses by selecting courses from subsection (e)(6) of this section; or
    (E) in addition to Algebra II, chemistry, and physics, a coherent sequence of three additional credits from no more than two of the categories or disciplines represented by subparagraphs (A), (B), (C), and (D) of this paragraph.
  (2) Business and industry. A student may earn a business and industry endorsement by completing the requirements specified in subsection (e) of this section and:
    (A) a coherent sequence of courses for four or more credits in CTE that consists of at least two courses in the same career cluster and at least one advanced CTE course. The courses may be selected from Chapter 130 of this title, Chapter 127 of this title, or CTE innovative courses approved by the commissioner. The final course in the sequence must be selected from one of the following:
      (i) Chapter 130, Subchapter A, of this title (relating to Agriculture, Food, and Natural Resources); or
      (ii) Chapter 130, Subchapter B, of this title (relating to Architecture and Construction); or
      (iii) Chapter 130, Subchapter C, of this title (relating to Arts, Audio/Video Technology, and Communications); or
      (iv) Chapter 130, Subchapter D, of this title (relating to Business Management and Administration); or
      (v) Chapter 130, Subchapter F, of this title (relating to Finance); or
      (vi) Chapter 130, Subchapter I, of this title (relating to Hospitality and Tourism); or
      (vii) Chapter 130, Subchapter K, of this title (relating to Information Technology); or
      (viii) Chapter 130, Subchapter M, of this title (relating to Manufacturing); or
      (ix) Chapter 130, Subchapter N, of this title (relating to Marketing); or
      (x) Chapter 130, Subchapter P, of this title (relating to Transportation, Distribution, and Logistics); or
      (xi) Chapter 130, Subchapter Q, of this title (relating to Energy); or
      (xii) Career Preparation I or II and Project-Based Research in Chapter 127, Subchapter B, of this title if the course addresses a career from a field listed in clauses (i)-(xi) of this subparagraph; or
    (B) courses required to complete a TEA-designated program of study related to business and industry; or
    (C) four English credits by selecting courses from Chapter 110 of this title to include three levels in one of the following areas:
      (i) public speaking; or
      (ii) debate; or
      (iii) advanced broadcast journalism; or
      (iv) advanced journalism: newspaper; or
      (v) advanced journalism: yearbook; or
      (vi) advanced journalism: literary magazine; or
    (D) a coherent sequence of four credits from subparagraph (A), (B), or (C) of this paragraph.
  (3) Public services. A student may earn a public services endorsement by completing the requirements specified in subsection (e) of this section and:
    (A) a coherent sequence of courses for four or more credits in CTE that consists of at least two courses in the same career cluster and at least one advanced CTE course. The courses may be selected from Chapter 130 of this title, Chapter 127 of this title, or CTE innovative courses approved by the commissioner. The final course in the sequence must be selected from one of the following:
      (i) Chapter 130, Subchapter E, of this title (relating to Education and Training); or
      (ii) Chapter 130, Subchapter G, of this title (relating to Government and Public Administration); or
      (iii) Chapter 130, Subchapter H, of this title (relating to Health Science); or
      (iv) Chapter 130, Subchapter J, of this title (relating to Human Services); or
      (v) Chapter 130, Subchapter L, of this title (relating to Law, Public Safety, Corrections, and Security); or
      (vi) Career Preparation I or II and Project-Based Research in Chapter 127, Subchapter B, of this title if the course addresses a field from a cluster listed in clauses (i)-(v) of this subparagraph; or
    (B) courses required to complete a TEA-designated program of study related to public services; or
    (C) four courses in Junior Reserve Officer Training Corps (JROTC).
  (4) Arts and humanities. A student may earn an arts and humanities endorsement by completing the requirements specified in subsection (e) of this section and:
    (A) five social studies credits by selecting courses from Chapter 113 of this title; or
    (B) four levels of the same language in a language other than English by selecting courses in accordance with Chapter 114 of this title, which may include Advanced Language for Career Applications; or
    (C) two levels of the same language in a language other than English and two levels of a different language in a language other than English by selecting courses in accordance with Chapter 114 of this title; or
    (D) four levels of American sign language by selecting courses in accordance with Chapter 114 of this title; or
(E) a coherent sequence of four credits by selecting courses from one or two categories or disciplines in fine arts from Chapter 117 of this title or innovative courses approved by the commissioner; or
    (F) four English credits by selecting from the following:
      (i) English IV; or
      (ii) Independent Study in English; or
      (iii) Literary Genres; or
      (iv) Creative Writing; or
      (v) Research and Technical Writing; or
      (vi) Humanities; or
      (vii) Communication Applications; or
      (viii) AP English Literature and Composition; or
      (ix) AP English Language and Composition; or
      (x) IB Language Studies A: Language and Literature Standard Level; or
      (xi) IB Language Studies A: Language and Literature Higher Level; or
      (xii) IB Language Studies A: Literature Standard Level; or
      (xiii) IB Language Studies A: Literature Higher Level; or
      (xiv) IB Literature and Performance Standard Level.
  (5) Multidisciplinary studies. A student may earn a multidisciplinary studies endorsement by completing the requirements specified in subsection (e) of this section and:
    (A) four advanced courses that prepare a student to enter the workforce successfully or postsecondary education without remediation from within one endorsement area or among endorsement areas that are not in a coherent sequence; or
    (B) four credits in each of the four foundation subject areas to include chemistry and/or physics and English IV or a comparable AP or IB English course; or
    (C) four credits in Advanced Placement, International Baccalaureate, or dual credit selected from English, mathematics, science, social studies, economics, languages other than English, or fine arts.

(g) A course completed as part of the set of four courses needed to satisfy an endorsement requirement may also satisfy a requirement under §74.12(b) and (c) of this title and subsection (e)(2), (4), (5), and (6) of this section, including an elective requirement. The same course may count as part of the set of four courses for more than one endorsement.

Last Amended:   August 1, 2020, 45 TexReg 4178
Entered:  October 22, 2021

 

19 Texas Administrative Code § 89.1070. Graduation 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.

. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered:  October 19, 2021 

 

Texas Education Code § 28.025. High School Diploma and Certificate; Academic Achievement Record.  

(c-7)  Subject to Subsection (c-8), a student who is enrolled in a special education program under Subchapter A, Chapter 29, may earn an endorsement on the student's transcript by:
(1)  successfully completing, with or without modification of the curriculum:
(A)  the curriculum requirements identified by the State Board of Education under Subsection (a); and
(B)  the additional endorsement curriculum requirements prescribed by the State Board of Education under Subsection (c-2); and
(2)  successfully completing all curriculum requirements for that endorsement adopted by the State Board of Education:
(A)  without modification of the curriculum; or
(B)  with modification of the curriculum, provided that the curriculum, as modified, is sufficiently rigorous as determined by the student's admission, review, and dismissal committee.
. . . 


Last Amended: 86th Leg., R.S., Ch. 711 (H.B. 165), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 625 (S.B. 1374), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 739 (H.B. 678), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.014, eff. June 12, 2019
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 2, eff. May 7, 2019
86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.05, eff. June 10, 2019
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 2, eff. June 7, 2021
87th Leg., R.S., Ch. 433 (S.B. 1063), Sec. 1, eff. June 8, 2021
Entered: October 22, 2021

19 Texas Administrative Code § 89.1070. Graduation 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; 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

Texas Education Code § 28.025. High School Diploma and Certificate; Academic Achievement Record.  

(c-7)  Subject to Subsection (c-8), a student who is enrolled in a special education program under Subchapter A, Chapter 29, may earn an endorsement on the student's transcript by:
(1)  successfully completing, with or without modification of the curriculum:
(A)  the curriculum requirements identified by the State Board of Education under Subsection (a); and
(B)  the additional endorsement curriculum requirements prescribed by the State Board of Education under Subsection (c-2); and
. . . 


Last Amended: 86th Leg., R.S., Ch. 711 (H.B. 165), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 625 (S.B. 1374), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 739 (H.B. 678), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.014, eff. June 12, 2019
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 2, eff. May 7, 2019
86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.05, eff. June 10, 2019
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 2, eff. June 7, 2021
87th Leg., R.S., Ch. 433 (S.B. 1063), Sec. 1, eff. June 8, 2021
Entered: October 22, 2021

19 Texas Administrative Code § 89.1070. Graduation 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; 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

Texas Education Code § 28.025. High School Diploma and Certificate; Academic Achievement Record.  

(c-7)  Subject to Subsection (c-8), a student who is enrolled in a special education program under Subchapter A, Chapter 29, may earn an endorsement on the student's transcript by:
(1)  successfully completing, with or without modification of the curriculum:
(A)  the curriculum requirements identified by the State Board of Education under Subsection (a); and
. . . 


Last Amended: 86th Leg., R.S., Ch. 711 (H.B. 165), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 625 (S.B. 1374), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 739 (H.B. 678), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.014, eff. June 12, 2019
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 2, eff. May 7, 2019
86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.05, eff. June 10, 2019
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 2, eff. June 7, 2021
87th Leg., R.S., Ch. 433 (S.B. 1063), Sec. 1, eff. June 8, 2021
Entered: October 22, 2021

Texas Education Code § 28.025. High School Diploma and Certificate; Academic Achievement Record.  

(a) The State Board of Education by rule shall determine curriculum requirements for the foundation high school program that are consistent with the required curriculum under Section 28.002. The State Board of Education shall designate the specific courses in the foundation curriculum under Section 28.002(a)(1) required under the foundation high school program. Except as provided by this section, the State Board of Education may not designate a specific course or a specific number of credits in the enrichment curriculum as requirements for the program.
. . . 

19 Texas Administrative Code § 89.1070. Graduation 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; 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

Texas Education Code § 28.025. High School Diploma and Certificate; Academic Achievement Record.  

(c-7)  Subject to Subsection (c-8), a student who is enrolled in a special education program under Subchapter A, Chapter 29, may earn an endorsement on the student's transcript by:
(1)  successfully completing, with or without modification of the curriculum:
. . .
(B)  the additional endorsement curriculum requirements prescribed by the State Board of Education under Subsection (c-2); and
. . . 


Last Amended: 86th Leg., R.S., Ch. 711 (H.B. 165), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 625 (S.B. 1374), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 739 (H.B. 678), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.014, eff. June 12, 2019
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 2, eff. May 7, 2019
86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.05, eff. June 10, 2019
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 2, eff. June 7, 2021
87th Leg., R.S., Ch. 433 (S.B. 1063), Sec. 1, eff. June 8, 2021
Entered: October 22, 2021

Texas Education Code § 28.025. High School Diploma and Certificate; Academic Achievement Record.  

(c-2) In adopting rules under Subsection (c-1), the State Board of Education shall:
(1) require a student in order to earn any endorsement to successfully complete:
(A) four credits in mathematics, which must include:
(i) the courses described by Subsection (b-1)(2); and
(ii) an additional advanced mathematics course authorized under Subsection (b-2) or an advanced career and technology course designated by the State Board of Education;
(B) four credits in science, which must include:
(i) the courses described by Subsection (b-1)(3); and
(ii) an additional advanced science course authorized under Subsection (b-2) or an advanced career and technology course designated by the State Board of Education; and
(C) two elective credits in addition to the elective credits required under Subsection (b-1)(6); and
(2) develop additional curriculum requirements for each endorsement with the direct participation of educators and business, labor, and industry representatives, and shall require each school district to report to the agency the categories of endorsements under Subsection (c-1) for which the district offers all courses for curriculum requirements, as determined by board rule.
. . . 


Last Amended: 86th Leg., R.S., Ch. 711 (H.B. 165), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 625 (S.B. 1374), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 739 (H.B. 678), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.014, eff. June 12, 2019
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 2, eff. May 7, 2019
86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.05, eff. June 10, 2019
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 2, eff. June 7, 2021
87th Leg., R.S., Ch. 433 (S.B. 1063), Sec. 1, eff. June 8, 2021
Entered: October 22, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(c)  A student receiving special education services may earn an endorsement under §74.13 of this title (relating to Endorsements) if the student: 
. . . 
(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
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 19, 2021

Texas Education Code § 28.025. High School Diploma and Certificate; Academic Achievement Record.  

(c-7)  Subject to Subsection (c-8), a student who is enrolled in a special education program under Subchapter A, Chapter 29, may earn an endorsement on the student's transcript by:
. . .  
(2)  successfully completing all curriculum requirements for that endorsement adopted by the State Board of Education: (A)  without modification of the curriculum; or (B)  with modification of the curriculum, provided that the curriculum, as modified, is sufficiently rigorous as determined by the student's admission, review, and dismissal committee.
. . . 


Last Amended: 86th Leg., R.S., Ch. 711 (H.B. 165), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 625 (S.B. 1374), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 739 (H.B. 678), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.014, eff. June 12, 2019
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 2, eff. May 7, 2019
86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.05, eff. June 10, 2019
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 2, eff. June 7, 2021
87th Leg., R.S., Ch. 433 (S.B. 1063), Sec. 1, eff. June 8, 2021
Entered: October 22, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(c)  A student receiving special education services may earn an endorsement under §74.13 of this title (relating to Endorsements) if the student: 
. . . 
(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
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 19, 2021

Texas Education Code § 28.025. High School Diploma and Certificate; Academic Achievement Record.  

(c-7)  Subject to Subsection (c-8), a student who is enrolled in a special education program under Subchapter A, Chapter 29, may earn an endorsement on the student's transcript by:
. . .  
(2)  successfully completing all curriculum requirements for that endorsement adopted by the State Board of Education: (A)  without modification of the curriculum; or
. . . 


Last Amended: 86th Leg., R.S., Ch. 711 (H.B. 165), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 625 (S.B. 1374), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 739 (H.B. 678), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.014, eff. June 12, 2019
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 2, eff. May 7, 2019
86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.05, eff. June 10, 2019
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 2, eff. June 7, 2021
87th Leg., R.S., Ch. 433 (S.B. 1063), Sec. 1, eff. June 8, 2021
Entered: October 22, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(c)  A student receiving special education services may earn an endorsement under §74.13 of this title (relating to Endorsements) if the student: 
. . . 
(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
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 19, 2021

Texas Education Code § 28.025. High School Diploma and Certificate; Academic Achievement Record.  

(c-7)  Subject to Subsection (c-8), a student who is enrolled in a special education program under Subchapter A, Chapter 29, may earn an endorsement on the student's transcript by:
. . .  
(2)  successfully completing all curriculum requirements for that endorsement adopted by the State Board of Education:
. . . 
(B)  with modification of the curriculum, provided that the curriculum, as modified, is sufficiently rigorous as determined by the student's admission, review, and dismissal committee.
. . .


Last Amended: 86th Leg., R.S., Ch. 711 (H.B. 165), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 625 (S.B. 1374), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 739 (H.B. 678), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.014, eff. June 12, 2019
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 2, eff. May 7, 2019
86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.05, eff. June 10, 2019
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 2, eff. June 7, 2021
87th Leg., R.S., Ch. 433 (S.B. 1063), Sec. 1, eff. June 8, 2021
Entered: October 22, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(c)  A student receiving special education services may earn an endorsement under §74.13 of this title (relating to Endorsements) if the student: 
. . . 
(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.
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

Texas Education Code § 28.025. High School Diploma and Certificate; Academic Achievement Record.  

(c-8)  For purposes of Subsection (c-7), the admission, review, and dismissal committee of a student in a special education program under Subchapter A, Chapter 29, shall determine whether the student is required to achieve satisfactory performance on an end-of-course assessment instrument to earn an endorsement on the student's transcript.
. . . 

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

Texas Education Code § 28.025. High School Diploma and Certificate; Academic Achievement Record.  

(c) A person may receive a diploma if the person is eligible for a diploma under Section 28.0251. In other cases, a student may graduate and receive a diploma only if:
(1) the student successfully completes the curriculum requirements identified by the State Board of Education under Subsection (a) and complies with Sections 28.0256 and 39.025; or
. . . 


Last Amended: 86th Leg., R.S., Ch. 711 (H.B. 165), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 625 (S.B. 1374), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 739 (H.B. 678), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.014, eff. June 12, 2019
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 2, eff. May 7, 2019
86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.05, eff. June 10, 2019
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 2, eff. June 7, 2021
87th Leg., R.S., Ch. 433 (S.B. 1063), Sec. 1, eff. June 8, 2021
Entered: October 22, 2021

19 Texas Administrative Code § 89.1070. Graduation 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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 101.3022. Assessment Requirements for Graduation.


. . . 
(f)  A student who is receiving special education services or has been dismissed from a special education program under the TEC, Chapter 29, Subchapter A, is subject to the provisions of this subsection.
(1)  A student receiving special education services is not subject to the requirements in the TEC, §28.0258. As provided in §89.1070 of this title (relating to Graduation Requirements) and §101.3023 of this title (relating to Participation and Graduation Assessment Requirements for Students Receiving Special Education Services), a student's admission, review, and dismissal (ARD) committee determines whether a student is required to achieve satisfactory performance on an EOC assessment to graduate.
. . . 


Last Amended:  October 15, 2019, 44 TexReg 5900
Entered:  April 13, 2022

19 Texas Administrative Code § 74.12. Foundation High School Program. 

. . . 
(b)  Core courses. A student must demonstrate proficiency in the following.
. . . 
(5)  Languages other than English (LOTE)--two credits.
. . . 
(D)  The determination regarding a student's ability to complete the second credit of LOTE must be agreed to by:
(i)  the teacher of the first LOTE credit course or another LOTE teacher designated by the school district, the principal or designee, and the student's parent or person standing in parental relation;
. . . 


Last Amended:   August 1, 2020, 45 TexReg 4178
Entered:  October 22, 2021

Texas Education Code § 28.025. High School Diploma and Certificate; Academic Achievement Record.  

(b-14) In adopting rules under Subsection (b-1), the State Board of Education shall allow a student who, due to disability, is unable to complete two courses in the same language in a language other than English, as provided under Subsection (b-1)(5), to substitute for those credits two credits in English language arts, mathematics, science, or social studies or two credits in career and technology education, technology applications, or other academic electives. A credit allowed to be substituted under this subsection may not also be used by the student to satisfy a graduation credit requirement other than credit for completion of a language other than English. The rules must provide that the determination regarding a student's ability to participate in language-other-than-English courses will be made by:
(1) if the student receives special education services under Subchapter A, Chapter 29, the student's admission, review, and dismissal committee; or
. . . 


Last Amended: 86th Leg., R.S., Ch. 711 (H.B. 165), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 625 (S.B. 1374), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 739 (H.B. 678), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.014, eff. June 12, 2019
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 2, eff. May 7, 2019
86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.05, eff. June 10, 2019
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 2, eff. June 7, 2021
87th Leg., R.S., Ch. 433 (S.B. 1063), Sec. 1, eff. June 8, 2021
Entered: October 22, 2021

19 Texas Administrative Code § 74.12. Foundation High School Program. 

. . . 
(b)  Core courses. A student must demonstrate proficiency in the following.
. . . 

(6)  Physical education--one credit.

. . . 
(G)  A student who is unable to participate in physical activity due to disability or illness may substitute an academic elective credit (English language arts, mathematics, science, or social studies) or a course that is offered for credit as provided by the TEC, §28.002(g-1), for the physical education credit requirement. The determination regarding a student's ability to participate in physical activity will be made by:
(i)  the student's ARD committee if the student receives special education services under the TEC, Chapter 29, Subchapter A;
. . . 


Last Amended:   August 1, 2020, 45 TexReg 4178 
Entered:  October 22, 2021

Texas Education Code § 28.025. High School Diploma and Certificate; Academic Achievement Record.  

(b-11) In adopting rules under Subsection (b-1), the State Board of Education shall allow a student who is unable to participate in physical activity due to disability or illness to substitute one credit in English language arts, mathematics, science, or social studies, one credit in a course that is offered for credit as provided by Section 28.002(g-1), or one academic elective credit for the physical education credit required under Subsection (b-1)(8). A credit allowed to be substituted under this subsection may not also be used by the student to satisfy a graduation requirement other than completion of the physical education credit. The rules must provide that the determination regarding a student's ability to participate in physical activity will be made by:
(1) if the student receives special education services under Subchapter A, Chapter 29, the student's admission, review, and dismissal committee;
(2) if the student does not receive special education services under Subchapter A, Chapter 29, but is covered by Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the committee established for the student under that Act; or
(3) if each of the committees described by Subdivisions (1) and (2) is inapplicable, a committee established by the school district of persons with appropriate knowledge regarding the student.
. . . 

Texas Education Code § 28.025. High School Diploma and Certificate; Academic Achievement Record.  

(b-11) In adopting rules under Subsection (b-1), the State Board of Education shall allow a student who is unable to participate in physical activity due to disability or illness to substitute one credit in English language arts, mathematics, science, or social studies, one credit in a course that is offered for credit as provided by Section 28.002(g-1), or one academic elective credit for the physical education credit required under Subsection (b-1)(8). A credit allowed to be substituted under this subsection may not also be used by the student to satisfy a graduation requirement other than completion of the physical education credit. The rules must provide that the determination regarding a student's ability to participate in physical activity will be made by:
(1) if the student receives special education services under Subchapter A, Chapter 29, the student's admission, review, and dismissal committee;
(2) if the student does not receive special education services under Subchapter A, Chapter 29, but is covered by Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the committee established for the student under that Act; or
(3) if each of the committees described by Subdivisions (1) and (2) is inapplicable, a committee established by the school district of persons with appropriate knowledge regarding the student.
. . . 

Texas Education Code § 28.025. High School Diploma and Certificate; Academic Achievement Record.  

(b-14) In adopting rules under Subsection (b-1), the State Board of Education shall allow a student who, due to disability, is unable to complete two courses in the same language in a language other than English, as provided under Subsection (b-1)(5), to substitute for those credits two credits in English language arts, mathematics, science, or social studies or two credits in career and technology education, technology applications, or other academic electives. A credit allowed to be substituted under this subsection may not also be used by the student to satisfy a graduation credit requirement other than credit for completion of a language other than English. The rules must provide that the determination regarding a student's ability to participate in language-other-than-English courses will be made by:
(1) if the student receives special education services under Subchapter A, Chapter 29, the student's admission, review, and dismissal committee; or
(2) if the student does not receive special education services under Subchapter A, Chapter 29, but is covered by Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the committee established for the student under that Act.
. . . 


Last Amended: 86th Leg., R.S., Ch. 711 (H.B. 165), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 625 (S.B. 1374), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 739 (H.B. 678), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.014, eff. June 12, 2019
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 2, eff. May 7, 2019
86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.05, eff. June 10, 2019
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 2, eff. June 7, 2021
87th Leg., R.S., Ch. 433 (S.B. 1063), Sec. 1, eff. June 8, 2021
Entered: October 22, 2021

19 Texas Administrative Code § 89.1070. 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 feets 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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 101.3023. Participation and Graduation Assessment Requirements for Students Receiving Special Education Services.

(a)  As stipulated by §89.1070 of this title (relating to Graduation Requirements), a student receiving special education services under the Texas Education Code (TEC), Chapter 29, Subchapter A, who successfully completes the requirements of his or her individualized education program (IEP), including performance on a state assessment required for graduation, shall receive a Texas high school diploma. A student's admission, review, and dismissal (ARD) committee shall determine if the student will be required to meet satisfactory performance on an assessment for purposes of graduation.

(b)  Beginning with the 2011-2012 school year, all Grades 9-12 students with significant cognitive disabilities who are assessed with an alternate assessment as specified in the student's IEP will be assessed using alternate versions of end-of-course (EOC) assessments as listed in §101.3011(b)(2) of this title (relating to Implementation and Administration of Academic Content Area Assessment Instruments).

(c)  For the 2011-2012 through 2013-2014 school years, a student who is receiving special education services under the TEC, Chapter 29, Subchapter A, and who is first enrolled in Grade 9 or below in the 2011-2012 school year shall be administered an alternative version of an EOC assessment instrument upon completion of the corresponding course as required by the student's IEP. Beginning with the 2014-2015 school year, a student who is receiving special education services under the TEC, Chapter 29, Subchapter A, whose IEP does not specify the administration of an alternate assessment and who is first enrolled in Grade 9 or below in the 2011-2012 school year shall be administered an EOC assessment instrument upon completion of the corresponding course as required by the student's IEP.


Last Amended:  March 25, 2014, 39 TexReg 2077  
Entered:  Sept. 21, 2015

Texas Education Code § 28.025. High School Diploma and Certificate; Academic Achievement Record.  

(c) A person may receive a diploma if the person is eligible for a diploma under Section 28.0251. In other cases, a student may graduate and receive a diploma only if:
(1) the student successfully completes the curriculum requirements identified by the State Board of Education under Subsection (a) and complies with Sections 28.0256 and 39.025; or
. . . 


Last Amended: 86th Leg., R.S., Ch. 711 (H.B. 165), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 625 (S.B. 1374), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 739 (H.B. 678), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.014, eff. June 12, 2019
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 2, eff. May 7, 2019
86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.05, eff. June 10, 2019
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 2, eff. June 7, 2021
87th Leg., R.S., Ch. 433 (S.B. 1063), Sec. 1, eff. June 8, 2021
Entered: October 22, 2021

Texas Education Code § 39.025.  Secondary-Level Performance Required.  

(a)  The commissioner shall adopt rules requiring a student in the foundation high school program under Section 28.025 to be administered an end-of-course assessment instrument listed in Section 39.023(c) only for a course in which the student is enrolled and for which an end-of-course assessment instrument is administered.  A student is required to achieve a scale score that indicates satisfactory performance, as determined by the commissioner under Section 39.0241(a), on each end-of-course assessment instrument administered to the student. For each scale score required under this subsection that is not based on a 100-point scale scoring system, the commissioner shall provide for conversion, in accordance with commissioner rule, of the scale score to an equivalent score based on a 100-point scale scoring system.  A student may not receive a high school diploma until the student has performed satisfactorily on end-of-course assessment instruments in the manner provided under this subsection.  This subsection does not require a student to demonstrate readiness to enroll in an institution of higher education.

 

(a-4)  The admission, review, and dismissal committee of a student in a special education program under Subchapter A, Chapter 29, shall determine whether, to receive a high school diploma, the student is required to achieve satisfactory performance on end-of-course assessment instruments.

(a-5)  Notwithstanding Subsection (a), a student who has failed to perform satisfactorily on end-of-course assessment instruments in the manner provided under this section may receive a high school diploma if the student has qualified for graduation under Section 28.0258. 

(b)  Each time an end-of-course assessment instrument adopted under Section 39.023(c) is administered, a student who failed to achieve a score requirement under Subsection (a) may retake the assessment instrument. A student is not required to retake a course as a condition of retaking an end-of-course assessment instrument.

(b-1)  A school district shall provide each student who fails to perform satisfactorily as determined by the commissioner under Section 39.0241(a) on an end-of-course assessment instrument with accelerated instruction under Section 28.0217 in the subject assessed by the assessment instrument.

(b-2)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 934 , Sec. 5(3), eff. June 18, 2015.

(c)  A student who has been denied a high school diploma under this section and who subsequently performs at the level necessary to comply with the requirements of this section shall be issued a high school diploma.
(c-1)  A school district may not administer an assessment instrument required for graduation administered under this section as this section existed:
(1)  before September 1, 1999; or (2)  before amendment by Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular Session, 2007.
(c-2)  A school district may administer to a student who failed to perform satisfactorily on an assessment instrument described by Subsection (c-1) an alternate assessment instrument designated by the commissioner. The commissioner shall determine the level of performance considered to be satisfactory on an alternate assessment instrument.  The district may not administer to the student an assessment instrument or a part of an assessment instrument that assesses a subject that was not assessed in an assessment instrument applicable to the student described by Subsection (c-1). The commissioner shall make available to districts information necessary to administer the alternate assessment instrument authorized by this subsection. The commissioner's determination regarding designation of an appropriate alternate assessment instrument under this subsection and the performance required on the assessment instrument is final and may not be appealed.
(d)  Notwithstanding Subsection (a), the commissioner by rule shall adopt one or more alternative nationally recognized norm referenced assessment instruments under this section to administer to a student to qualify for a high school diploma if the student enrolls after January 1 of the school year in which the student is otherwise eligible to graduate:
(1)  for the first time in a public school in this state; or
(2)  after an absence of at least four years from any public school in this state.

(e)  The commissioner shall establish a required performance level for an assessment instrument adopted under Subsection (d) that is at least as rigorous as the performance level required to be met under Subsection (a).

(e-1)  Nothing in this section has the effect of prohibiting the administration of an end-of-course assessment instrument listed in Section 39.023(c) to a student enrolled below the high school level who is enrolled in the course for which the assessment instrument is adopted. The commissioner shall adopt rules necessary to ensure that the student's performance on the assessment instrument is considered in the same manner for purposes of this section as the performance of a student enrolled at the high school level.

(f)  The commissioner shall by rule adopt a transition plan to implement the amendments made by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007, replacing general subject assessment instruments administered at the high school level with end-of-course assessment instruments. The rules must provide for the end-of-course assessment instruments adopted under Section 39.023(c) to be administered beginning with students enrolled in the ninth grade for the first time during the 2011-2012 school year.  During the period under which the transition to end-of-course assessment instruments is made:
(1)  for students entering a grade above the ninth grade during the 2011-2012 school year or students repeating ninth grade during the 2011-2012 school year, the commissioner shall retain, administer, and use for purposes of accreditation and other campus and district accountability measures under this chapter the assessment instruments required by Section 39.023(a) or (c), as that section existed before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007; and
(2)  a student subject to Subdivision (1) may not receive a high school diploma unless the student has performed satisfactorily on the SAT, the ACT, the Texas Success Initiative (TSI) diagnostic assessment, or the current assessment instrument or instruments administered for graduation purposes as provided by Subsection (f-1) or on each required assessment instrument administered under Section 39.023(c), as that section existed before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007.

(f-1)  The commissioner shall establish satisfactory performance levels for the SAT, the ACT, the Texas Success Initiative (TSI) diagnostic assessment, and the current assessment instrument or instruments administered for graduation purposes that are equivalent in rigor to the performance level required to be met under Subsection (a), as that subsection existed before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007, that qualify a student subject to Subsection (f)(1) to receive a high school diploma. Notwithstanding Subsection (f), the commissioner is not required after September 1, 2017, to maintain and administer assessment instruments administered under Section 39.023(c), as that section existed before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007.

(f-2)  A school district shall determine which assessment or assessments described by Subsection (f-1) qualify a student subject to Subsection (f)(1) to receive a high school diploma from the district.
(g)  Rules adopted under Subsection (f) must require that each student who will be subject to the requirements of Subsection (a) is entitled to notice of the specific requirements applicable to the student. Notice under this subsection must be provided not later than the date the student enters the eighth grade.  

Last Amended: 86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 8, May 7, 2019 
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 9, May 7, 2019 
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 4, eff. June 7, 2021
87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 5, eff. June 16, 2021
Entered: October 20, 2021

19 Texas Administrative Code § 89.1070. 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. 
. . . 


Last Amended: October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. 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. 
. . . 


Last Amended: October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. 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. 
. . . 


Last Amended: October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. 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. 
. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 101.3022. Assessment Requirements for Graduation.


. . . 
(f)  A student who is receiving special education services or has been dismissed from a special education program under the TEC, Chapter 29, Subchapter A, is subject to the provisions of this subsection.
(1)  A student receiving special education services is not subject to the requirements in the TEC, §28.0258. As provided in §89.1070 of this title (relating to Graduation Requirements) and §101.3023 of this title (relating to Participation and Graduation Assessment Requirements for Students Receiving Special Education Services), a student's admission, review, and dismissal (ARD) committee determines whether a student is required to achieve satisfactory performance on an EOC assessment to graduate.
. . . 


Last Amended:  October 15, 2019, 44 TexReg 5900
Entered:  April 13, 2022

19 Texas Administrative Code § 89.1070. 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. 
. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 101.3023. Participation and Graduation Assessment Requirements for Students Receiving Special Education Services.

(a)  As stipulated by §89.1070 of this title (relating to Graduation Requirements), a student receiving special education services under the Texas Education Code (TEC), Chapter 29, Subchapter A, who successfully completes the requirements of his or her individualized education program (IEP), including performance on a state assessment required for graduation, shall receive a Texas high school diploma. A student's admission, review, and dismissal (ARD) committee shall determine if the student will be required to meet satisfactory performance on an assessment for purposes of graduation.

(b)  Beginning with the 2011-2012 school year, all Grades 9-12 students with significant cognitive disabilities who are assessed with an alternate assessment as specified in the student's IEP will be assessed using alternate versions of end-of-course (EOC) assessments as listed in §101.3011(b)(2) of this title (relating to Implementation and Administration of Academic Content Area Assessment Instruments).

(c)  For the 2011-2012 through 2013-2014 school years, a student who is receiving special education services under the TEC, Chapter 29, Subchapter A, and who is first enrolled in Grade 9 or below in the 2011-2012 school year shall be administered an alternative version of an EOC assessment instrument upon completion of the corresponding course as required by the student's IEP. Beginning with the 2014-2015 school year, a student who is receiving special education services under the TEC, Chapter 29, Subchapter A, whose IEP does not specify the administration of an alternate assessment and who is first enrolled in Grade 9 or below in the 2011-2012 school year shall be administered an EOC assessment instrument upon completion of the corresponding course as required by the student's IEP.


Last Amended:  March 25, 2014, 39 TexReg 2077  
Entered:  Sept. 21, 2015

Texas Education Code § 39.025.  Secondary-Level Performance Required.  

(a)  The commissioner shall adopt rules requiring a student in the foundation high school program under Section 28.025 to be administered an end-of-course assessment instrument listed in Section 39.023(c) only for a course in which the student is enrolled and for which an end-of-course assessment instrument is administered.  A student is required to achieve a scale score that indicates satisfactory performance, as determined by the commissioner under Section 39.0241(a), on each end-of-course assessment instrument administered to the student. For each scale score required under this subsection that is not based on a 100-point scale scoring system, the commissioner shall provide for conversion, in accordance with commissioner rule, of the scale score to an equivalent score based on a 100-point scale scoring system.  A student may not receive a high school diploma until the student has performed satisfactorily on end-of-course assessment instruments in the manner provided under this subsection.  This subsection does not require a student to demonstrate readiness to enroll in an institution of higher education.

 

(a-4)  The admission, review, and dismissal committee of a student in a special education program under Subchapter A, Chapter 29, shall determine whether, to receive a high school diploma, the student is required to achieve satisfactory performance on end-of-course assessment instruments.

(a-5)  Notwithstanding Subsection (a), a student who has failed to perform satisfactorily on end-of-course assessment instruments in the manner provided under this section may receive a high school diploma if the student has qualified for graduation under Section 28.0258. 

(b)  Each time an end-of-course assessment instrument adopted under Section 39.023(c) is administered, a student who failed to achieve a score requirement under Subsection (a) may retake the assessment instrument. A student is not required to retake a course as a condition of retaking an end-of-course assessment instrument.

(b-1)  A school district shall provide each student who fails to perform satisfactorily as determined by the commissioner under Section 39.0241(a) on an end-of-course assessment instrument with accelerated instruction under Section 28.0217 in the subject assessed by the assessment instrument.

(b-2)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 934 , Sec. 5(3), eff. June 18, 2015.

(c)  A student who has been denied a high school diploma under this section and who subsequently performs at the level necessary to comply with the requirements of this section shall be issued a high school diploma.
(c-1)  A school district may not administer an assessment instrument required for graduation administered under this section as this section existed:
(1)  before September 1, 1999; or (2)  before amendment by Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular Session, 2007.
(c-2)  A school district may administer to a student who failed to perform satisfactorily on an assessment instrument described by Subsection (c-1) an alternate assessment instrument designated by the commissioner. The commissioner shall determine the level of performance considered to be satisfactory on an alternate assessment instrument.  The district may not administer to the student an assessment instrument or a part of an assessment instrument that assesses a subject that was not assessed in an assessment instrument applicable to the student described by Subsection (c-1). The commissioner shall make available to districts information necessary to administer the alternate assessment instrument authorized by this subsection. The commissioner's determination regarding designation of an appropriate alternate assessment instrument under this subsection and the performance required on the assessment instrument is final and may not be appealed.
(d)  Notwithstanding Subsection (a), the commissioner by rule shall adopt one or more alternative nationally recognized norm referenced assessment instruments under this section to administer to a student to qualify for a high school diploma if the student enrolls after January 1 of the school year in which the student is otherwise eligible to graduate:
(1)  for the first time in a public school in this state; or
(2)  after an absence of at least four years from any public school in this state.

(e)  The commissioner shall establish a required performance level for an assessment instrument adopted under Subsection (d) that is at least as rigorous as the performance level required to be met under Subsection (a).

(e-1)  Nothing in this section has the effect of prohibiting the administration of an end-of-course assessment instrument listed in Section 39.023(c) to a student enrolled below the high school level who is enrolled in the course for which the assessment instrument is adopted. The commissioner shall adopt rules necessary to ensure that the student's performance on the assessment instrument is considered in the same manner for purposes of this section as the performance of a student enrolled at the high school level.

(f)  The commissioner shall by rule adopt a transition plan to implement the amendments made by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007, replacing general subject assessment instruments administered at the high school level with end-of-course assessment instruments. The rules must provide for the end-of-course assessment instruments adopted under Section 39.023(c) to be administered beginning with students enrolled in the ninth grade for the first time during the 2011-2012 school year.  During the period under which the transition to end-of-course assessment instruments is made:
(1)  for students entering a grade above the ninth grade during the 2011-2012 school year or students repeating ninth grade during the 2011-2012 school year, the commissioner shall retain, administer, and use for purposes of accreditation and other campus and district accountability measures under this chapter the assessment instruments required by Section 39.023(a) or (c), as that section existed before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007; and
(2)  a student subject to Subdivision (1) may not receive a high school diploma unless the student has performed satisfactorily on the SAT, the ACT, the Texas Success Initiative (TSI) diagnostic assessment, or the current assessment instrument or instruments administered for graduation purposes as provided by Subsection (f-1) or on each required assessment instrument administered under Section 39.023(c), as that section existed before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007.

(f-1)  The commissioner shall establish satisfactory performance levels for the SAT, the ACT, the Texas Success Initiative (TSI) diagnostic assessment, and the current assessment instrument or instruments administered for graduation purposes that are equivalent in rigor to the performance level required to be met under Subsection (a), as that subsection existed before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007, that qualify a student subject to Subsection (f)(1) to receive a high school diploma. Notwithstanding Subsection (f), the commissioner is not required after September 1, 2017, to maintain and administer assessment instruments administered under Section 39.023(c), as that section existed before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007.

(f-2)  A school district shall determine which assessment or assessments described by Subsection (f-1) qualify a student subject to Subsection (f)(1) to receive a high school diploma from the district.
(g)  Rules adopted under Subsection (f) must require that each student who will be subject to the requirements of Subsection (a) is entitled to notice of the specific requirements applicable to the student. Notice under this subsection must be provided not later than the date the student enters the eighth grade.  

Last Amended: 86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 8, May 7, 2019 
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 9, May 7, 2019 
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 4, eff. June 7, 2021
87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 5, eff. June 16, 2021
Entered: October 20, 2021

Texas Education Code § 28.025. High School Diploma and Certificate; Academic Achievement Record.  

(c) A person may receive a diploma if the person is eligible for a diploma under Section 28.0251. In other cases, a student may graduate and receive a diploma only if:
(1) the student successfully completes the curriculum requirements identified by the State Board of Education under Subsection (a) and complies with Sections 28.0256 and 39.025; or
. . . 


Last Amended: 86th Leg., R.S., Ch. 711 (H.B. 165), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 625 (S.B. 1374), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 739 (H.B. 678), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.014, eff. June 12, 2019
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 2, eff. May 7, 2019
86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.05, eff. June 10, 2019
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 2, eff. June 7, 2021
87th Leg., R.S., Ch. 433 (S.B. 1063), Sec. 1, eff. June 8, 2021
Entered: October 22, 2021

19 Texas Administrative Code § 89.1070. 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. 
. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. 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. 
. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 74.1025. Individual Graduation Committee Review.

. . . 
(n)  A student receiving special education services is not subject to the individual graduation committee requirements in the TEC, §28.0258, or the provisions of this section. As provided in §89.1070 of this title (relating to Graduation Requirements) and §101.3023 of this title (relating to Participation and Graduation Assessment Requirements for Students Receiving Special Education Services), a student's admission, review, and dismissal (ARD) committee determines whether a student is required to achieve satisfactory performance on an EOC assessment to graduate.


Last Amended:  February 27, 2018, 43 TexReg 1090 
Entered: March 19, 2018

19 Texas Administrative Code § 89.1070. 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. 
. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 101.3023. Participation and Graduation Assessment Requirements for Students Receiving Special Education Services.

(a)  As stipulated by §89.1070 of this title (relating to Graduation Requirements), a student receiving special education services under the Texas Education Code (TEC), Chapter 29, Subchapter A, who successfully completes the requirements of his or her individualized education program (IEP), including performance on a state assessment required for graduation, shall receive a Texas high school diploma. A student's admission, review, and dismissal (ARD) committee shall determine if the student will be required to meet satisfactory performance on an assessment for purposes of graduation.
. . . 


Last Amended:  March 25, 2014, 39 TexReg 2077  
Entered:  Sept. 21, 2015

Texas Education Code § 39.025.  Secondary-Level Performance Required.   

(a-4)  The admission, review, and dismissal committee of a student in a special education program under Subchapter A, Chapter 29, shall determine whether, to receive a high school diploma, the student is required to achieve satisfactory performance on end-of-course assessment instruments. 
. . . 

Last Amended: 86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 8, May 7, 2019 
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 9, May 7, 2019 
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 4, eff. June 7, 2021
87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 5, eff. June 16, 2021
Entered: October 20, 2021

19 Texas Administrative Code § 89.1070. 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. 
. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 101.3023. Participation and Graduation Assessment Requirements for Students Receiving Special Education Services.

(a)  As stipulated by §89.1070 of this title (relating to Graduation Requirements), a student receiving special education services under the Texas Education Code (TEC), Chapter 29, Subchapter A, who successfully completes the requirements of his or her individualized education program (IEP), including performance on a state assessment required for graduation, shall receive a Texas high school diploma. A student's admission, review, and dismissal (ARD) committee shall determine if the student will be required to meet satisfactory performance on an assessment for purposes of graduation.

(b)  Beginning with the 2011-2012 school year, all Grades 9-12 students with significant cognitive disabilities who are assessed with an alternate assessment as specified in the student's IEP will be assessed using alternate versions of end-of-course (EOC) assessments as listed in §101.3011(b)(2) of this title (relating to Implementation and Administration of Academic Content Area Assessment Instruments).

(c)  For the 2011-2012 through 2013-2014 school years, a student who is receiving special education services under the TEC, Chapter 29, Subchapter A, and who is first enrolled in Grade 9 or below in the 2011-2012 school year shall be administered an alternative version of an EOC assessment instrument upon completion of the corresponding course as required by the student's IEP. Beginning with the 2014-2015 school year, a student who is receiving special education services under the TEC, Chapter 29, Subchapter A, whose IEP does not specify the administration of an alternate assessment and who is first enrolled in Grade 9 or below in the 2011-2012 school year shall be administered an EOC assessment instrument upon completion of the corresponding course as required by the student's IEP.


Last Amended:  March 25, 2014, 39 TexReg 2077  
Entered:  Sept. 21, 2015

Texas Education Code § 28.025. High School Diploma and Certificate; Academic Achievement Record.  

(c) A person may receive a diploma if the person is eligible for a diploma under Section 28.0251. In other cases, a student may graduate and receive a diploma only if:
. . . 
(2) the student successfully completes an individualized education program developed under Section 29.005.
. . . 

Last Amended: 86th Leg., R.S., Ch. 711 (H.B. 165), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 625 (S.B. 1374), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 739 (H.B. 678), Sec. 1, eff. June 10, 2019
86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.014, eff. June 12, 2019
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 2, eff. May 7, 2019
86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.05, eff. June 10, 2019
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 2, eff. June 7, 2021
87th Leg., R.S., Ch. 433 (S.B. 1063), Sec. 1, eff. June 8, 2021
Entered: October 22, 2021

Texas Education Code § 39.025.  Secondary-Level Performance Required.  

(a)  The commissioner shall adopt rules requiring a student in the foundation high school program under Section 28.025 to be administered an end-of-course assessment instrument listed in Section 39.023(c) only for a course in which the student is enrolled and for which an end-of-course assessment instrument is administered.  A student is required to achieve a scale score that indicates satisfactory performance, as determined by the commissioner under Section 39.0241(a), on each end-of-course assessment instrument administered to the student. For each scale score required under this subsection that is not based on a 100-point scale scoring system, the commissioner shall provide for conversion, in accordance with commissioner rule, of the scale score to an equivalent score based on a 100-point scale scoring system.  A student may not receive a high school diploma until the student has performed satisfactorily on end-of-course assessment instruments in the manner provided under this subsection.  This subsection does not require a student to demonstrate readiness to enroll in an institution of higher education.

 

(a-4)  The admission, review, and dismissal committee of a student in a special education program under Subchapter A, Chapter 29, shall determine whether, to receive a high school diploma, the student is required to achieve satisfactory performance on end-of-course assessment instruments.

(a-5)  Notwithstanding Subsection (a), a student who has failed to perform satisfactorily on end-of-course assessment instruments in the manner provided under this section may receive a high school diploma if the student has qualified for graduation under Section 28.0258. 

(b)  Each time an end-of-course assessment instrument adopted under Section 39.023(c) is administered, a student who failed to achieve a score requirement under Subsection (a) may retake the assessment instrument. A student is not required to retake a course as a condition of retaking an end-of-course assessment instrument.

(b-1)  A school district shall provide each student who fails to perform satisfactorily as determined by the commissioner under Section 39.0241(a) on an end-of-course assessment instrument with accelerated instruction under Section 28.0217 in the subject assessed by the assessment instrument.

(b-2)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 934 , Sec. 5(3), eff. June 18, 2015.

(c)  A student who has been denied a high school diploma under this section and who subsequently performs at the level necessary to comply with the requirements of this section shall be issued a high school diploma.
(c-1)  A school district may not administer an assessment instrument required for graduation administered under this section as this section existed:
(1)  before September 1, 1999; or (2)  before amendment by Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular Session, 2007.
(c-2)  A school district may administer to a student who failed to perform satisfactorily on an assessment instrument described by Subsection (c-1) an alternate assessment instrument designated by the commissioner. The commissioner shall determine the level of performance considered to be satisfactory on an alternate assessment instrument.  The district may not administer to the student an assessment instrument or a part of an assessment instrument that assesses a subject that was not assessed in an assessment instrument applicable to the student described by Subsection (c-1). The commissioner shall make available to districts information necessary to administer the alternate assessment instrument authorized by this subsection. The commissioner's determination regarding designation of an appropriate alternate assessment instrument under this subsection and the performance required on the assessment instrument is final and may not be appealed.
(d)  Notwithstanding Subsection (a), the commissioner by rule shall adopt one or more alternative nationally recognized norm referenced assessment instruments under this section to administer to a student to qualify for a high school diploma if the student enrolls after January 1 of the school year in which the student is otherwise eligible to graduate:
(1)  for the first time in a public school in this state; or
(2)  after an absence of at least four years from any public school in this state.

(e)  The commissioner shall establish a required performance level for an assessment instrument adopted under Subsection (d) that is at least as rigorous as the performance level required to be met under Subsection (a).

(e-1)  Nothing in this section has the effect of prohibiting the administration of an end-of-course assessment instrument listed in Section 39.023(c) to a student enrolled below the high school level who is enrolled in the course for which the assessment instrument is adopted. The commissioner shall adopt rules necessary to ensure that the student's performance on the assessment instrument is considered in the same manner for purposes of this section as the performance of a student enrolled at the high school level.

(f)  The commissioner shall by rule adopt a transition plan to implement the amendments made by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007, replacing general subject assessment instruments administered at the high school level with end-of-course assessment instruments. The rules must provide for the end-of-course assessment instruments adopted under Section 39.023(c) to be administered beginning with students enrolled in the ninth grade for the first time during the 2011-2012 school year.  During the period under which the transition to end-of-course assessment instruments is made:
(1)  for students entering a grade above the ninth grade during the 2011-2012 school year or students repeating ninth grade during the 2011-2012 school year, the commissioner shall retain, administer, and use for purposes of accreditation and other campus and district accountability measures under this chapter the assessment instruments required by Section 39.023(a) or (c), as that section existed before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007; and
(2)  a student subject to Subdivision (1) may not receive a high school diploma unless the student has performed satisfactorily on the SAT, the ACT, the Texas Success Initiative (TSI) diagnostic assessment, or the current assessment instrument or instruments administered for graduation purposes as provided by Subsection (f-1) or on each required assessment instrument administered under Section 39.023(c), as that section existed before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007.

(f-1)  The commissioner shall establish satisfactory performance levels for the SAT, the ACT, the Texas Success Initiative (TSI) diagnostic assessment, and the current assessment instrument or instruments administered for graduation purposes that are equivalent in rigor to the performance level required to be met under Subsection (a), as that subsection existed before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007, that qualify a student subject to Subsection (f)(1) to receive a high school diploma. Notwithstanding Subsection (f), the commissioner is not required after September 1, 2017, to maintain and administer assessment instruments administered under Section 39.023(c), as that section existed before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007.

(f-2)  A school district shall determine which assessment or assessments described by Subsection (f-1) qualify a student subject to Subsection (f)(1) to receive a high school diploma from the district.
(g)  Rules adopted under Subsection (f) must require that each student who will be subject to the requirements of Subsection (a) is entitled to notice of the specific requirements applicable to the student. Notice under this subsection must be provided not later than the date the student enters the eighth grade.  

Last Amended: 86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 8, May 7, 2019 
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 9, May 7, 2019 
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 4, eff. June 7, 2021
87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 5, eff. June 16, 2021
Entered: October 20, 2021

19 Texas Administrative Code § 89.1070. 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. 
. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. 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. 
. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 74.1025. Individual Graduation Committee Review.

. . . 
(n)  A student receiving special education services is not subject to the individual graduation committee requirements in the TEC, §28.0258, or the provisions of this section. As provided in §89.1070 of this title (relating to Graduation Requirements) and §101.3023 of this title (relating to Participation and Graduation Assessment Requirements for Students Receiving Special Education Services), a student's admission, review, and dismissal (ARD) committee determines whether a student is required to achieve satisfactory performance on an EOC assessment to graduate.


Last Amended:  February 27, 2018, 43 TexReg 1090 
Entered: March 19, 2018

19 Texas Administrative Code § 89.1070. 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. 
. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 101.3023. Participation and Graduation Assessment Requirements for Students Receiving Special Education Services.

(a)  As stipulated by §89.1070 of this title (relating to Graduation Requirements), a student receiving special education services under the Texas Education Code (TEC), Chapter 29, Subchapter A, who successfully completes the requirements of his or her individualized education program (IEP), including performance on a state assessment required for graduation, shall receive a Texas high school diploma. A student's admission, review, and dismissal (ARD) committee shall determine if the student will be required to meet satisfactory performance on an assessment for purposes of graduation.
. . . 


Last Amended:  March 25, 2014, 39 TexReg 2077  
Entered:  Sept. 21, 2015

Texas Education Code § 39.025.  Secondary-Level Performance Required.   

(a-4)  The admission, review, and dismissal committee of a student in a special education program under Subchapter A, Chapter 29, shall determine whether, to receive a high school diploma, the student is required to achieve satisfactory performance on end-of-course assessment instruments. 
. . . 

Last Amended: 86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 8, May 7, 2019 
86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 9, May 7, 2019 
87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 4, eff. June 7, 2021
87th Leg., R.S., Ch. 910 (H.B. 4545), Sec. 5, eff. June 16, 2021
Entered: October 20, 2021

19 Texas Administrative Code § 89.1070. 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. 
. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(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.
. . .
(4)  The student has demonstrated mastery of the required state standards (or district standards if greater) in Chapters 110-118, 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)  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. . . .

Last Amended:  February 15, 2018, 43 TexReg 763 Entered: March 6, 2018

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(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.
. . .
(4)  The student has demonstrated mastery of the required state standards (or district standards if greater) in Chapters 110-118, 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.
. . .
(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.
. . .


Last Amended:  February 15, 2018, 43 TexReg 763
Entered: March 6, 2018

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(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.
. . .
(4)  The student has demonstrated mastery of the required state standards (or district standards if greater) in Chapters 110-118, 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.
. . .
(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.
. . .


Last Amended:  February 15, 2018, 43 TexReg 763
Entered: March 6, 2018

19 Texas Administrative Code § 89.1035. Age Ranges for Student Eligibility.

(a)  Pursuant to state and federal law, services provided in accordance with this subchapter must be available to all eligible students ages 3-21. Services will be made available to eligible students on their third birthday. Graduation with a regular high school diploma pursuant to §89.1070(b)(1), (b)(3)(D), (f)(1), (f)(2), (f)(3), or (f)(4)(D) of this title (relating to Graduation Requirements) terminates a student's eligibility to receive services in accordance with this subchapter. An eligible student receiving special education services who is 21 years of age on September 1 of a school year will be eligible for services through the end of that school year or until graduation with a regular high school diploma pursuant to §89.1070(b)(1), (b)(3)(D), (f)(1), (f)(2), (f)(3), or (f)(4)(D) of this title, whichever comes first.

(b)  In accordance with the Texas Education Code (TEC), §§29.003, 30.002(a), and 30.081, a free appropriate public education must be available from birth to students with visual impairments or who are deaf or hard of hearing.

Last Amended:  October 5, 2021, 46 TexReg 6533
Entered:  October 18, 2021
SBS

19 Texas Administrative Code § 89.1070. 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. 
. . . 
(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. 
. . . 
(D)  The student no longer meets age eligibility requirements. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 19, 2021

19 Texas Administrative Code § 89.1035. Age Ranges for Student Eligibility.

(a)  Pursuant to state and federal law, services provided in accordance with this subchapter must be available to all eligible students ages 3-21. Services will be made available to eligible students on their third birthday. Graduation with a regular high school diploma pursuant to §89.1070 (b)(1), (b)(3)(D), (f)(1), (f)(2), (f)(3), or (f)(4)(D) of this title (relating to Graduation Requirements) terminates a student's eligibility to receive services in accordance with this subchapter. An eligible student receiving special education services who is 21 years of age on September 1 of a school year will be eligible for services through the end of that school year or until graduation with a regular high school diploma pursuant to §89.1070 (b)(1), (b)(3)(D), (f)(1), (f)(2), (f)(3), or (f)(4)(D) of this title, whichever comes first. 
. . . 

Last Amended:  October 5, 2021, 46 TexReg 6533
Entered:  October 18, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements.  

. . . 
(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. 
. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. 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. 
. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements.  

. . . 
(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. 
. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. 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. 
. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements.  

. . . 
(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. 
. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. 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. 
. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements.  

. . . 
(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. 
. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. 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. 
. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements.  

. . . 
(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. 
. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. 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. 
. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements.  

. . . 
(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. 
. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. 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. 
. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

19 Texas Administrative Code § 89.1070. Graduation Requirements. 

. . . 
(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. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 19, 2021

Texas Education Code § 28.025. High School Diploma and Certificate; Academic Achievement Record.  

(f)  A school district shall issue a certificate of attendance to a student who receives special education services under Subchapter A, Chapter 29, and who has completed four years of high school but has not completed the student's individualized education program. A school district shall allow a student who receives a certificate to participate in a graduation ceremony with students receiving high school diplomas. A student may participate in only one graduation ceremony under this subsection. This subsection does not preclude a student from receiving a diploma under Subsection (c)(2).
. . . 

Texas Education Code § 28.025. High School Diploma and Certificate; Academic Achievement Record.  

(f)  A school district shall issue a certificate of attendance to a student who receives special education services under Subchapter A, Chapter 29, and who has completed four years of high school but has not completed the student's individualized education program. A school district shall allow a student who receives a certificate to participate in a graduation ceremony with students receiving high school diplomas. A student may participate in only one graduation ceremony under this subsection. This subsection does not preclude a student from receiving a diploma under Subsection (c)(2).
. . . 

Texas Education Code § 28.025. High School Diploma and Certificate; Academic Achievement Record.  

(f)  A school district shall issue a certificate of attendance to a student who receives special education services under Subchapter A, Chapter 29, and who has completed four years of high school but has not completed the student's individualized education program. A school district shall allow a student who receives a certificate to participate in a graduation ceremony with students receiving high school diplomas. A student may participate in only one graduation ceremony under this subsection. This subsection does not preclude a student from receiving a diploma under Subsection (c)(2).
. . . 

Texas Education Code § 28.025. High School Diploma and Certificate; Academic Achievement Record.  

(f)  A school district shall issue a certificate of attendance to a student who receives special education services under Subchapter A, Chapter 29, and who has completed four years of high school but has not completed the student's individualized education program. A school district shall allow a student who receives a certificate to participate in a graduation ceremony with students receiving high school diplomas. A student may participate in only one graduation ceremony under this subsection. This subsection does not preclude a student from receiving a diploma under Subsection (c)(2).
. . . 

House Bill 3 Article 5. Transition; Conflict of Law (2019)

Section 5.001

. . . 
(c)  Section 28.025, Education Code, as amended by this Act, and Section 28.0256, Education Code, as added by this Act, apply beginning with students enrolled at the 12th grade level during the 2021-2022 school year.


Last Amended:  86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 5.001, eff. June 12, 2019

Texas Education Code § 28.0256.  Financial Aid Application Requirement for High School Graduation. 

(a) Before graduating from high school, each student must complete and submit a free application for federal student aid (FAFSA) or a Texas application for state financial aid (TASFA), except as otherwise provided by Subsection (b).
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.015, eff. June 12, 2019 
87th Leg., R.S., Ch. 559 (S.B. 369), Sec. 1, eff. June 14, 2021
Entered: October 20, 2021

Texas Education Code § 28.0256.  Financial Aid Application Requirement for High School Graduation. 

. . . 
(b)  A student is not required to comply with Subsection (a) if: 
(1)  the student’s parent or other person standing in parental relation submits a signed form indicating that the parent or other person authorizes the student to decline to complete and submit the financial aid application; 
(2)  the student signs and submits the form described by Subdivision (1) on the student’s own behalf if the student is 18 years of age or older or the student’s disabilities of minority have been removed for general purposes under Chapter 31, Family Code; or  
(3)  a school counselor authorizes the student to decline to complete and submit the financial aid application for good cause, as determined by the school counselor. 
. . . 

Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.015, eff. June 12, 2019
87th Leg., R.S., Ch. 559 (S.B. 369), Sec. 1, eff. June 14, 2021
Entered: October 20, 2021

Texas Education Code § 28.0256.  Financial Aid Application Requirement for High School Graduation. 

. . . 
(b)  A student is not required to comply with Subsection (a) if: 
(1)  the student’s parent or other person standing in parental relation submits a signed form indicating that the parent or other person authorizes the student to decline to complete and submit the financial aid application; 
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.015, eff. June 12, 2019
87th Leg., R.S., Ch. 559 (S.B. 369), Sec. 1, eff. June 14, 2021 
Entered: October 20, 2021

Texas Education Code § 28.0256.  Financial Aid Application Requirement for High School Graduation. 

. . . 
(b)  A student is not required to comply with Subsection (a) if: 
. . . 
(2)  the student signs and submits the form described by Subdivision (1) on the student’s own behalf if the student is 18 years of age or older or the student’s disabilities of minority have been removed for general purposes under Chapter 31, Family Code; or  
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.015, eff. June 12, 2019
   87th Leg., R.S., Ch. 559 (S.B. 369), Sec. 1, eff. June 14, 2021
Entered: October 20, 2021

Texas Family Code
Title 2. Child in Relation to the Family
Subtitle A. Limitations of Minority
Chapter 31. Removal of Disabilities of Minority


Entered: March 28, 2018

Texas Education Code § 28.0256.  Financial Aid Application Requirement for High School Graduation. 

. . . 
(b)  A student is not required to comply with Subsection (a) if: 
. . . 
(3)  a school counselor authorizes the student to decline to complete and submit the financial aid application for good cause, as determined by the school counselor. 
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.015, eff. June 12, 2019 
87th Leg., R.S., Ch. 559 (S.B. 369), Sec. 1, eff. June 14, 2021
Entered: October 20, 2021

Texas Education Code § 28.0256.  Financial Aid Application Requirement for High School Graduation. 

. . . 
(c)  A school district or open-enrollment charter school shall adopt a form to be used for purposes of Subsection (b). The form must:
(1)  be approved by the agency; and 
(2)  provide the student or the student's parent or other person standing in parental relation, as applicable, the opportunity to decline to complete and submit a financial aid application, as provided by Subsection (b); and
(3)  be made available in English, Spanish, and any other language spoken by a majority of the students enrolled in a bilingual education or special language program under Subchapter B, Chapter 29, in the district or school. 
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.015, eff. June 12, 2019
87th Leg., R.S., Ch. 559 (S.B. 369), Sec. 1, eff. June 14, 2021 
Entered: October 20, 2021

Texas Education Code § 28.0256.  Financial Aid Application Requirement for High School Graduation. 

. . . 
(c)  A school district or open-enrollment charter school shall adopt a form to be used for purposes of Subsection (b). The form must:
(1)  be approved by the agency; and  
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.015, eff. June 12, 2019 
87th Leg., R.S., Ch. 559 (S.B. 369), Sec. 1, eff. June 14, 2021
 Entered: October 20, 2021

Texas Education Code § 28.0256.  Financial Aid Application Requirement for High School Graduation. 

. . . 
(c)  A school district or open-enrollment charter school shall adopt a form to be used for purposes of Subsection (b). The form must:
. . . 
(2)  provide the student or the student's parent or other person standing in parental relation, as applicable, the opportunity to decline to complete and submit a financial aid application, as provided by Subsection (b); and
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.015, eff. June 12, 2019
87th Leg., R.S., Ch. 559 (S.B. 369), Sec. 1, eff. June 14, 2021
Entered: October 20, 2021

Texas Education Code § 28.0256.  Financial Aid Application Requirement for High School Graduation. 

. . . 
(d)  If a school counselor notifies a school district or open-enrollment charter school whether a student has complied with this section for purposes of determining whether the student meets high school graduation requirements under Section 28.025, the school counselor may only indicate whether the student has complied with this section and may not indicate the manner in which the student complied, except as necessary for the district or school to comply with rules adopted under Subsection (e)(2).  A school counselor may not indicate that a student has not complied with this section if the school district or open-enrollment charter school fails to provide the form adopted under Subsection (c) to the student or the student's parent or other person standing in parental relation to the student.
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.015, eff. June 12, 2019
87th Leg., R.S., Ch. 559 (S.B. 369), Sec. 1, eff. June 14, 2021
Entered: October 20, 2021

Graduation Guidance (TEA)

State Graduation Requirements (TEA)

Individual Graduation Committee Frequently Asked Questions (TEA)

Texas Essential Knowledge and Skills (TEA)