TRANSITION SERVICES

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TRANSITION SERVICES

Authorities: 34 CFR Part 300; Texas Education Code; Texas Estates Code; 19 TAC Chapters 75, 89

	FEDERAL AND STATE REQUIREMENTS
Practice	Transition services means a coordinated set of activities for the child with a disability that: Citations: 300.43(a)
Practice	Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including: Citations: 300.43(a)(1)
Practice	Post-secondary education; Citations: 300.43(a)(1)
Practice	Vocational education; Citations: 300.43(a)(1)
Practice	Integrated employment, including supported employment; Citations: 300.43(a)(1)
Practice	Continuing and adult education; Citations: 300.43(a)(1)
Practice	Adult services; Citations: 300.43(a)(1)
Practice	Independent living; or Citations: 300.43(a)(1)
Practice	Community participation; Citations: 300.43(a)(1)
Practice	Is based on the individual child's needs, taking into account the child's strengths, preferences, and interests; and includes: Citations: 300.43(a)(2)
Practice	Instruction; Citations: 300.43(a)(2)(i)
Practice	Related services; Citations: 300.43(a)(2)(ii)
Practice	Community experiences; Citations: 300.43(a)(2)(iii)
Practice	The development of employment and other post-school adult living objectives; and Citations: 300.43(a)(2)(iv)
Practice	If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation. Citations: 300.43(a)(2)(v)
Practice	Transition services for children with disabilities may be special education, if provided as specially-designed instruction, or a related service, if required to assist the child with a disability to benefit from special education as described in the SUPPLEMENTARY AIDS AND SERVICES, SPECIAL EDUCATION, RELATED SERVICES framework. Citations: 300.43(b)
Document	If the child does not attend the ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEETING where transition services are discussed, as set forth in the ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEMBERSHIP framework, the local education agency (LEA) must take other steps to ensure the child's preferences and interests are considered. Citations: 300.321(b)(2)
	BY AGE 14
Practice	Not later than when the child turns age 14, the admission, review, and dismissal (ARD) committee must consider and, if appropriate, address the following issues in the individualized education program (IEP): Citations: 89.1055(k) TEC 29.011(a) TEC 29.0111
Document	Appropriate child involvement in the child's transition to life outside the public school system; Citations: 89.1055(k)(1) TEC 29.011(a)(1)
Document	Appropriate involvement in the child's transition by the child’s parent and other persons invited to participate by: Citations: 89.1055(k)(2) TEC 29.011(a)(2)
Document	The child’s parent; or Citations: 89.1055(k)(2)(A) TEC 29.011(a)(2)(A)
Document	The LEA in which the child is enrolled; Citations: 89.1055(k)(2)(B) TEC 29.011(a)(2)(B)
Document	Appropriate postsecondary education options, including preparation for postsecondary-level coursework; Citations: 89.1055(k)(3) TEC 29.011(a)(4)
Document	Appropriate functional vocational evaluation; Citations: 89.1055(k)(4) TEC 29.011(a)(5)
Document	Appropriate circumstances for facilitating a referral of a child or the child's parent to a governmental agency for services or public benefits, including a referral to a governmental agency to place the child on a waiting list for public benefits available to the child; and Citations: 89.1055(k)(5) TEC 29.011(a)(9)
Document	The use and availability of appropriate: Citations: 89.1055(k)(6) TEC 29.011(a)(10)
Document	Supplementary aids, services, curricula, and other opportunities to assist the child in developing decision-making skills; and Citations: 89.1055(k)(6)(A) TEC 29.011(a)(10)(A)
Document	Supports and services to foster the child’s independence and self-determination, including a supported decision-making agreement. Citations: 89.1055(k)(6)(B) TEC 29.011(a)(10)(B) EST Ch. 1357
Practice	Beginning not later than the first IEP to be in effect when the child turns 14, or younger if determined appropriate by the ARD committee, the IEP must include: Citations: 89.1055(l) 89.1055(m) TEC 29.011(a)(6) TEC 29.011(a)(8) 300.320(b)
Document	Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to: Citations: 89.1055(l)(1) 89.1055(m) TEC 29.011(a)(6) TEC 29.011(a)(8) 300.320(b)(1)
Document	Training; Citations: 89.1055(l)(1) 89.1055(m) TEC 29.011(a)(6) TEC 29.011(a)(8) 300.320(b)(1)
Document	Education; Citations: 89.1055(l)(1) 89.1055(m) TEC 29.011(a)(6) TEC 29.011(a)(8) 300.320(b)(1)
Document	Employment; and Citations: 89.1055(l)(1) 89.1055(m) TEC 29.011(a)(6) TEC 29.011(a)(8) 300.320(b)(1)
Document	Where appropriate, independent living skills; and Citations: 89.1055(l)(1) 89.1055(m) TEC 29.011(a)(6) TEC 29.011(a)(8) 300.320(b)(1)
Document	Transition services, including courses of study, needed to assist the child in reaching those postsecondary goals. Citations: 89.1055(l)(2) 89.1055(m) TEC 28.025 TEC 29.011(a)(6) TEC 29.011(a)(8) 300.320(b)(2)
	BY AGE 16
Practice	The LEA will comply with the CHILDREN WITH A DISABILITY THAT MAY IMPEDE EFFECTIVE COMMUNICATION portion of the SPECIAL FACTORS framework. Citations: TEC 29.0113(b)
	BY AGE 17
Practice	Not later than one year before the 18th birthday of the child with a disability, the LEA must comply with the ADULT STUDENT AND TRANSFER OF RIGHTS framework. Citations: 89.1049
	BY AGE 18
Practice	Beginning not later than the first IEP to be in effect when the student turns 18 years of age, the ARD committee must consider and, if appropriate, address the following in the student's IEP: Citations: 89.1055(n)(1) TEC 29.011(a)(3)
Document	Involvement in the adult student's transition and future by the parents and other persons, if the parent or other person: Citations: 89.1055(n)(1)(A)
Document	Is invited to participate by the adult student or the LEA in which the adult student is enrolled; or Citations: 89.1055(n)(1)(A) TEC 29.011(a)(3)(A)
Document	Has the adult student's consent to participate pursuant to a supported decision-making agreement; and Citations: 89.1055(n)(1)(B) TEC 29.011(a)(3)(B) EST Ch. 1357
Document	The availability of age-appropriate instructional environments, including community settings or environments that prepare the student for postsecondary education or training, competitive integrated employment, or independent living, in coordination with the student's transition goals and objectives. Citations: 89.1055(n)(2) TEC 29.011(a)(7)
Practice	When a child with a disability reaches age 18, the LEA must comply with the ADULT STUDENT AND TRANSFER OF RIGHTS framework.
	OTHER ISSUES RELEVANT TO TRANSITION
Practice	When determining the courses of study, the ARD committee must consider the GRADUATION framework.
Practice	The LEA must ensure that children with disabilities have access to career and technical education (CTE) classes. Citations: 75.1023(b)
Practice	When determining placement in a CTE classroom, the ARD committee must consider the child's graduation plan, the content of the IEP, including the consideration of transition services, and classroom supports. Citations: 75.1023(d)(6)
Practice	If a participating agency, other than the LEA, fails to provide the transition services described in the IEP: Citations: 300.324(c)(1)
Practice	The LEA must comply with the ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEETING framework; and
Document	The ARD committee must identify alternative strategies to meet the transition objectives set out in the IEP. Citations: 300.324(c)(1)
	TRANSITION AND EMPLOYMENT DESIGNEE
Practice	The LEA must designate at least one employee to serve as the district's or shared services arrangement's designee on transition and employment services for students enrolled in special education programs. Citations: 89.1075(i)
Practice	The transition and employment designee must complete the required training as developed by the commissioner of education and provide information about transition requirements and coordination among parents, students, and appropriate state agencies to ensure that school staff can communicate and collaborate effectively. Citations: 89.1075(i)
	TRANSITION AND EMPLOYMENT GUIDE
Practice	The LEA must: Citations: TEC 29.0112(e)
Practice	Post the Texas Transition and Employment Guide on the LEA's website if the LEA maintains a website; Citations: TEC 29.0112(e)(1)
Practice	Provide written information and, if necessary, assistance to the child or parent regarding how to access the electronic version of the guide at: Citations: TEC 29.0112(e)(2)
Practice	The first meeting of the child's ARD committee at which transition is discussed; and Citations: TEC 29.0112(e)(2)(A)
Practice	The first ARD committee meeting at which transition is discussed that occurs after the date on which the guide is updated; and Citations: TEC 29.0112(e)(2)(B)
Practice	On request, provide a printed copy of the guide to the child or parent. Citations: TEC 29.0112(e)(3)

Last Updated : Wed, Apr 02, 2025

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Texas Education Code § 29.011. Transition Planning.

(a) The commissioner shall by rule adopt procedures for compliance with federal requirements relating to transition services for students who are enrolled in special education programs under this subchapter. The procedures must specify the manner in which a student's admission, review, and dismissal committee must consider, and if appropriate, address the following issues in the student's individualized education program:
(1) appropriate student involvement in the student's transition to life outside the public school system;
(2) if the student is younger than 18 years of age, appropriate involvement in the student's transition by the student’s parents and other persons invited to participate by:
(A) the student’s parents; or
(B) the school district in which the student is enrolled;
(3) if the student is at least 18 years of age, involvement in the student's transition and future by the student’s parents and other persons, if the parent or other person:
(A) is invited to participate by the student or the school district in which the student is enrolled; or
(B) has the student’s consent to participate pursuant to a supported decision-making agreement under Chapter 1357, Estates Code;
(4) appropriate postsecondary education options, including preparation for postsecondary-level coursework; (5) an appropriate functional vocational evaluation;
(6) appropriate employment goals and objectives;
(7) if the student is at least 18 years of age, the availability of age-appropriate instructional environments, including community settings or environments that prepare the student for postsecondary education or training, competitive integrated employment, or independent living, in coordination with the student’s transition goals and objectives;
(8) appropriate independent living goals and objectives;
(9) appropriate circumstances for facilitating a referral of a student or the student's parents to a governmental agency for services or public benefits, including a referral to a governmental agency to place the student on a waiting list for public benefits available to the student, such as a waiver program established under Section 1915(c), Social Security Act (42 U.S.C. Section 1396n(c)); and
(10) the use and availability of appropriate:
(A) supplementary aids, services, curricula, and other opportunities to assist the student in developing decision-making skills; and
(B) supports and services to foster the student’s independence and self-determination, including a supported decision-making agreement under Chapter 1357, Estates Code.
. . .

Last Amended: 85th Leg., R.S., Ch. 574 (S.B. 748), Sec. 1, eff. June 9, 2017
85th Leg., R.S., Ch. 1044 (H.B. 1886), Sec. 2, eff. June 15, 2017
Entered: Aug. 8, 2017

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.

(b) A school district shall ensure that each student, on entering ninth grade, indicates in writing an endorsement under Subsection (c-1) that the student intends to earn. A district shall permit a student to choose, at any time, to earn an endorsement other than the endorsement the student previously indicated. A student may graduate under the foundation high school program without earning an endorsement if, after the student's sophomore year:
(1) the student and the student's parent or person standing in parental relation to the student are advised by a school counselor of the specific benefits of graduating from high school with one or more endorsements; and
(2) the student's parent or person standing in parental relation to the student files with a school counselor written permission, on a form adopted by the agency, allowing the student to graduate under the foundation high school program without earning an endorsement.

(b-1) The State Board of Education by rule shall require that the curriculum requirements for the foundation high school program under Subsection (a) include a requirement that students successfully complete:
(1) four credits in English language arts under Section 28.002(a)(1)(A), including one credit in English I, one credit in English II, one credit in English III, and one credit in an advanced English course authorized under Subsection (b-2);
(2) three credits in mathematics under Section 28.002(a)(1)(B), including one credit in Algebra I, one credit in geometry, and one credit in any advanced mathematics course authorized under Subsection (b-2);
(3) three credits in science under Section 28.002(a)(1)(C), including one credit in biology, one credit in any advanced science course authorized under Subsection (b-2), and one credit in integrated physics and chemistry or in an additional advanced science course authorized under Subsection (b-2);
(4) three credits in social studies under Section 28.002(a)(1)(D), including one credit in United States history, at least one-half credit in government and at least one-half credit in economics or personal financial literacy & economics, and one credit in world geography or world history;
(5) except as provided under Subsections (b-12), (b-13), and (b-14), two credits in the same language in a language other than English under Section 28.002(a)(2)(A);
(6) five elective credits;
(7) one credit in fine arts under Section 28.002(a)(2)(D); and
(8) except as provided by Subsection (b-11), one credit in physical education under Section 28.002(a)(2)(C).

(b-2) In adopting rules under Subsection (b-1), the State Board of Education shall:
(1) provide for a student to comply with the curriculum requirements for an advanced English course under Subsection (b-1)(1), for an advanced mathematics course under Subsection (b-1)(2), and for any advanced science course under Subsection (b-1)(3) by successfully completing a course in the appropriate content area that has been approved as an advanced course by board rule or that is offered as an advanced course for credit without board approval as provided by Section 28.002(g-1); and
(2) allow a student to comply with the curriculum requirements for the third and fourth mathematics credits under Subsection (b-1)(2) or the third and fourth science credits under Subsection (b-1)(3) by successfully completing an advanced career and technical course designated by the State Board of Education as containing substantively similar and rigorous academic content.

(b-3) In adopting rules for purposes of Subsection (b-2), the State Board of Education must approve a variety of advanced English, mathematics, and science courses that may be taken to comply with the foundation high school program requirements, provided that each approved course prepares students to enter the workforce successfully or postsecondary education without remediation.

(b-4) A school district may offer the curriculum described in Subsections (b-1)(1) through (4) in an applied manner. Courses delivered in an applied manner must cover the essential knowledge and skills, and the student shall be administered the applicable end-of-course assessment instrument as provided by Sections 39.023(c) and 39.025.

(b-5) A school district may offer a mathematics or science course to be taken by a student after completion of Algebra II and physics. A course approved under this subsection must be 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.

(b-6) A school district may allow a student to enroll concurrently in Algebra I and geometry.

(b-7) The State Board of Education, in coordination with the Texas Higher Education Coordinating Board, shall adopt rules to ensure that a student may comply with the curriculum requirements under the foundation high school program or for an endorsement under Subsection (c-1) by successfully completing appropriate courses in the core curriculum of an institution of higher education under Section 61.822. Notwithstanding Subsection (b-15) or (c) of this section, Section 39.025, or any other provision of this code and notwithstanding any school district policy, a student who has completed the core curriculum of an institution of higher education under Section 61.822, as certified by the institution in accordance with commissioner rule, is considered to have earned a distinguished level of achievement under the foundation high school program and is entitled to receive a high school diploma from the appropriate high school as that high school is determined in accordance with commissioner rule. A student who is considered to have earned a distinguished level of achievement under the foundation high school program under this subsection may apply for admission to an institution of higher education for the first semester or other academic term after the semester or other academic term in which the student completes the core curriculum.

(b-8) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 211, Sec. 78(b)(3), eff. September 1, 2014.

(b-9) A school district, with the approval of the commissioner, may allow a student to satisfy the fine arts credit required under Subsection (b-1)(7) by participating in a community-based fine arts program not provided by the school district in which the student is enrolled. The fine arts program must provide instruction in the essential knowledge and skills identified for fine arts by the State Board of Education under Section 28.002(c). The fine arts program may be provided on or off a school campus and outside the regular school day.

(b-10) A school district, with the approval of the commissioner, may allow a student to comply with the curriculum requirements for the physical education credit required under Subsection (b-1)(8) by participating in a private or commercially sponsored physical activity program provided on or off a school campus and outside the regular school day.

(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.

(b-12) In adopting rules under Subsection (b-1), the State Board of Education shall adopt criteria to allow a student to comply with the curriculum requirements for the two credits in a language other than English required under Subsection (b-1)(5) by substituting two credits in computer programming languages, including computer coding.

(b-13) In adopting rules under Subsection (b-1), the State Board of Education shall allow a student to substitute credit in another appropriate course for the second credit in the same language in a language other than English otherwise required by Subsection (b-1)(5) if the student, in completing the first credit required under Subsection (b-1)(5), demonstrates that the student is unlikely to be able to complete the second credit. The board rules must establish:
(1) the standards and, as applicable, the appropriate school personnel for making a determination under this subsection; and
(2) appropriate substitute courses for purposes of this subsection.

(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.

(b-15) A student may earn a distinguished level of achievement under the foundation high school program by successfully completing:
(1) four credits in mathematics, which must include Algebra II and the courses described by Subsection (b-1)(2);
(2) four credits in science, which must include the courses described by Subsection (b-1)(3);
(3) the remaining curriculum requirements under Subsection (b-1); and
(4) the curriculum requirements for at least one endorsement under Subsection (c-1).

(b-16) A student may satisfy an elective credit required under Subsection (b-1)(6) with a credit earned to satisfy the additional curriculum requirements for the distinguished level of achievement under the foundation high school program or an endorsement under Subsection (c-1). This subsection may apply to more than one elective credit.

(b-17) The State Board of Education shall adopt rules to ensure that a student may comply with the curriculum requirements under Subsection (b-1)(6) by successfully completing an advanced career and technical course, including a course that may lead to an industry-recognized credential or certificate or an associate degree.

(b-18) In adopting rules under Subsection (b-1), the State Board of Education shall allow a student to comply with the curriculum requirements under Subsection (b-1) by successfully completing a dual credit course.

(b-19) In adopting rules under Subsection (b-1), the State Board of Education shall adopt criteria to allow a student to comply with curriculum requirements for the world geography or world history credit under Subsection (b-1)(4) by successfully completing a combined world history and world geography course developed by the State Board of Education.

(b-20) The State Board of Education shall adopt rules to include the instruction developed under Section 28.012 in one or more courses in the required curriculum for students in grade levels 9 through 12.

(b-21) In adopting rules under Subsection (b-1), the State Board of Education shall adopt criteria to allow a student to comply with the curriculum requirement for one credit under Subsection (b-1)(5) by successfully completing at an elementary school either a dual language immersion program under Section 28.0051 or a course in American Sign Language.

(b-22) In adopting rules under Subsection (b-1), the State Board of Education shall ensure that a personal financial literacy & economics course taken to comply with the curriculum requirement under Subsection (b-1)(4) allocates:
(1) two-thirds of instruction time to instruction in personal financial literacy; and
(2) one-third of instruction time to instruction in economics.

(b-23) The agency shall:
(1) develop a list of free, open-source, and publicly available curricula that may be used by a school district to provide a personal financial literacy & economics course that satisfies the curriculum requirement under Subsection (b-1)(4); and
(2) seek, accept, and spend any federal or private grant funds and gifts that are available for the purpose of providing a personal financial literacy & economics course as part of the foundation high school program.

(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
(2) the student successfully completes an individualized education program developed under Section 29.005.

(c-1) A student may earn an endorsement on the student's transcript by successfully completing curriculum requirements for that endorsement adopted by the State Board of Education by rule. The State Board of Education by rule shall provide students with multiple options for earning each endorsement, including, to the greatest extent possible, coherent sequences of courses. The State Board of Education by rule must permit a student to enroll in courses under more than one endorsement curriculum before the student's junior year. An endorsement under this subsection may be earned in any of the following categories:
(1) science, technology, engineering, and mathematics (STEM), which includes courses directly related to science, including environmental science, technology, including computer science, cybersecurity, and computer coding, engineering, and advanced mathematics;
(2) business and industry, which includes courses directly related to database management, information technology, communications, accounting, finance, marketing, graphic design, architecture, construction, welding, logistics, automotive technology, agricultural science, and heating, ventilation, and air conditioning;
(3) public services, which includes courses directly related to health sciences and occupations, mental health, education and training, law enforcement, and culinary arts and hospitality;
(4) arts and humanities, which includes courses directly related to political science, world languages, cultural studies, English literature, history, and fine arts; and
(5) multidisciplinary studies, which allows a student to:
(A) select courses from the curriculum of each endorsement area described by Subdivisions (1) through (4); and
(B) earn credits in a variety of advanced courses from multiple content areas sufficient to complete the distinguished level of achievement under the foundation high school program.

(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.

(c-3) In adopting rules under Subsection (c-1), the State Board of Education shall adopt criteria to allow a student participating in the arts and humanities endorsement under Subsection (c-1)(4), with the written permission of the student's parent or a person standing in parental relation to the student, to comply with the curriculum requirements for science required under Subsection (c-2)(1)(B)(ii) by substituting for an advanced course requirement a course related to that endorsement.

(c-4) Each school district must make available to high school students courses that allow a student to complete the curriculum requirements for at least one endorsement under Subsection (c-1). A school district that offers only one endorsement curriculum must offer the multidisciplinary studies endorsement curriculum.

(c-5) A student may earn a performance acknowledgment on the student's transcript by satisfying the requirements for that acknowledgment adopted by the State Board of Education by rule. An acknowledgment under this subsection may be earned:
(1) for outstanding performance:
(A) in a dual credit course;
(B) in bilingualism and biliteracy;
(C) on a college advanced placement test or international baccalaureate examination;
(D) on an established, valid, reliable, and nationally norm-referenced preliminary college preparation assessment instrument used to measure a student's progress toward readiness for college and the workplace; or
(E) on an established, valid, reliable, and nationally norm-referenced assessment instrument used by colleges and universities as part of their undergraduate admissions process; or
(2) for earning a state recognized or nationally or internationally recognized business or industry certification or license.

(c-6) Notwithstanding Subsection (c), a person may receive a diploma if the person is eligible for a diploma under Section 28.0258.

(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.

(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.

(c-10) In adopting rules under Subsection (c-1), the State Board of Education shall adopt or select five technology applications courses on cybersecurity to be included in a cybersecurity pathway for the science, technology, engineering, and mathematics endorsement.

(d) A school district may issue a certificate of coursework completion to a student who successfully completes the curriculum requirements identified by the State Board of Education under Subsection (a) but who fails to comply with Section 39.025. A school district may allow a student who receives a certificate to participate in a graduation ceremony with students receiving high school diplomas.

(e) Each school district shall report the academic achievement record of students who have completed the foundation high school program on transcript forms adopted by the State Board of Education. The transcript forms adopted by the board must be designed to clearly identify whether a student received a diploma or a certificate of coursework completion.

(e-1) A school district shall clearly indicate a distinguished level of achievement under the foundation high school program as described by Subsection (b-15), an endorsement described by Subsection (c-1), and a performance acknowledgment described by Subsection (c-5) on the transcript of a student who satisfies the applicable requirements. The State Board of Education shall adopt rules as necessary to administer this subsection.

(e-2) At the end of each school year, each school district shall report through the Public Education Information Management System (PEIMS) the number of district students who, during that school year, were:
(1) enrolled in the foundation high school program;
(2) pursuing the distinguished level of achievement under the foundation high school program as provided by Subsection (b-15); and
(3) enrolled in a program to earn an endorsement described by Subsection (c-1).

(e-3) Information reported under Subsection (e-2) must be disaggregated by all student groups served by the district, including categories of race, ethnicity, socioeconomic status, sex, and populations served by special programs, including students in special education programs under Subchapter A, Chapter 29.

(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).

(g) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 211, Sec. 78(b)(3), eff. September 1, 2014.

(h) Expired.

(i) If an 11th or 12th grade student who is homeless or in the conservatorship of the Department of Family and Protective Services transfers to a different school district and the student is ineligible to graduate from the district to which the student transfers, the district from which the student transferred shall award a diploma at the student's request, if the student meets the graduation requirements of the district from which the student transferred.

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

SBS

19 Texas Administrative Code § 89.1049. Parental Rights Regarding Adult Students.

(a) In accordance with 34 Code of Federal Regulations (CFR), §300.320(c) and §300.520, and Texas Education Code (TEC), §29.017, beginning at least one year before a student reaches 18 years of age, the student's individualized education program (IEP) must include a statement that the student has been informed that, unless the student's parent or other individual has been granted guardianship of the student under the Probate Code, Chapter XIII, Guardianship, all rights granted to the parent under the Individuals with Disabilities Education Act (IDEA), Part B, other than the right to receive any notice required under IDEA, Part B, will transfer to the student upon reaching age 18. The IEP must also state that the student has been provided information and resources regarding guardianship, alternatives to guardianship, including a supported decision-making agreement under Texas Estates Code, Chapter 1357, and other supports and services that may enable the student to live independently. After the student reaches the age of 18, except as provided by subsection (b) of this section, the school district shall provide any notice required under IDEA, Part B, to both the adult student and the parent.

(b) In accordance with 34 CFR, §300.520(a)(2), and TEC, §29.017(a), all rights accorded to a parent under IDEA, Part B, including the right to receive any notice required by IDEA, Part B, will transfer to an 18-year-old student who is incarcerated in an adult or juvenile state or local correctional institution, unless the student's parent or other individual has been granted guardianship of the student under Texas Estates Code, Title 3.

(c) In accordance with 34 CFR, §300.520(a)(3), a school district must notify in writing the adult student and parent of the transfer of parental rights, as described in subsections (a) and (b) of this section, at the time the student reaches the age of 18. This notification is separate and distinct from the requirement that the student's IEP include a statement relating to the transfer of parental rights beginning at least one year before the student reaches the age of 18. This notification is not required to contain the elements of notice referenced in 34 CFR, §300.503, but must include a statement that parental rights have transferred to the adult student. The notice must also include information and resources regarding guardianship, alternatives to guardianship, including a supported decision-making agreement under Texas Estates Code, Chapter 1357, and other supports and services that may enable the student to live independently, and must provide contact information for the parties to use in obtaining additional information.

(d) A notice under IDEA, Part B, which is required to be given to an adult student and parent does not create a right for the parent to consent to or participate in the proposal or refusal to which the notice relates. For example, a notice of an admission, review, and dismissal (ARD) committee meeting does not constitute invitation to, or create a right for, the parent to attend the meeting. However, in accordance with 34 CFR, §300.321(a)(6), the adult student or the school district may invite individuals who have knowledge or special expertise regarding the student, including the parent.

(e) Nothing in this section prohibits a supported decision-making agreement or a valid power of attorney from being executed by an individual who holds rights under IDEA, Part B.

Last Amended: July 23, 2024, 49 TexReg 5347
Entered: April 7, 2025