GRADUATION

	FEDERAL AND STATE REQUIREMENTS
Practice	Except as specifically provided as follows, graduation with a regular high school diploma terminates a child's eligibility for special education services and: Citations: 89.1035(a) 89.1070(a) 300.102(a)(3)
Practice	Requires compliance with the SUMMARY OF PERFORMANCE framework; and
Practice	Constitutes a change of placement and requires compliance with the PRIOR WRITTEN NOTICE framework.
Practice	Employability and self-help skills are those skills directly related to the preparation of children for employment, including general skills necessary to obtain or retain employment. Citations: 89.1070(i)
Practice	Modified curriculum and modified content refer to any reduction of the amount or complexity of the required Texas Essential Knowledge and Skills. Citations: 89.1070(k)
Practice	Substitutions that are specifically authorized in statute or rule must not be considered modified curriculum or modified content. Citations: 89.1070(k)
	FOUNDATION HIGH SCHOOL PROGRAM
Practice	A child entering grade 9 in the 2014-15 school year and thereafter who receives special education services may graduate and be awarded a regular high school diploma if the child meets the following criteria: Citations: 74.12 89.1070(b)(1) 101.3023 TEC 28.025(c)(1) TEC 39.025
Document	Demonstrates mastery of the required state standards or local education agency (LEA) standards if they are greater; Citations: 89.1070(b)(1)
Document	Satisfactorily completes the credit requirements for graduation under the Foundation High School Program; and Citations: 89.1070(b)(1)
Document	Achieves satisfactory performance on the required end-of-course assessment instruments. Citations: 74.1025(n) 89.1070(b)(1) 101.3023(a) TEC 39.025(a-4)
Practice	A child entering grade 9 in the 2014-15 school year and thereafter who receives special education services may also graduate and be awarded a regular high school diploma if the child meets the following criteria: Citations: 89.1070(b)
Document	Demonstrates mastery of the required state standards or LEA standards if they are greater; Citations: 89.1070(b)(2)
Document	Satisfactorily completes the credit requirements for graduation under the Foundation High School Program; but Citations: 89.1070(b)(2)
Document	The child's admission, review, and dismissal (ARD) committee has determined that satisfactory performance on the required end-of-course assessment instruments is not necessary for graduation. Citations: 89.1070(b)(2)
Practice	A child entering grade 9 in the 2014-15 school year and thereafter who receives special education services may also graduate and be awarded a regular high school diploma if the child meets the following criteria: Citations: 74.12 89.1070(b) 101.3023 TEC 28.025(c)(2) TEC 39.025
Document	Demonstrates mastery of the required state standards or LEA standards if they are greater; Citations: 89.1070(b)(3)
Document	Satisfactorily completes the credit requirements for graduation under the Foundation High School Program through courses, one or more of which contain modified curriculum that is aligned to the standards applicable to general education; Citations: 89.1070(b)(3)
Document	Achieves satisfactory performance on the required end-of-course assessment instruments, unless the child's ARD committee has determined that satisfactory performance on the required end-of-course assessment instruments is not necessary for graduation; and Citations: 74.1025(n) 89.1070(b)(3) 101.3023(a) TEC 39.025(a-4)
Document	Successfully completes the individualized education program (IEP) and meets one of the following conditions: Citations: 89.1070(b)(3)
Document	Consistent with the IEP, has obtained full-time employment, based on the child's abilities and local employment opportunities, in addition to mastering sufficient self-help skills to enable the child to maintain the employment without direct and ongoing educational support of the LEA; Citations: 89.1070(b)(2)(A)-86th Leg.
Document	Consistent with the IEP, has demonstrated mastery of specific employability skills and self-help skills that do not require direct ongoing educational support of the LEA; Citations: 89.1070(b)(2)(B)-86th Leg.
Document	Has access to services that are not within the legal responsibility of public education or employment or educational options for which the child has been prepared by the academic program; or Citations: 89.1070(b)(2)(C)-86th Leg.
Document	No longer meets age eligibility requirements. Citations: 89.1070(b)(3)(D) 89.1035
Practice	A child receiving special education services may earn an endorsement by: Citations: 74.12 74.13 89.1070(c) TEC 28.025(c-7)
Document	Satisfactorily completing, with or without modification of the curriculum: Citations: 89.1070(c)(1) TEC 28.025(c-7)(1)
Document	The curriculum requirements for graduation under the Foundation High School Program; Citations: 89.1070(c)(1) TEC 28.025(c-7)(1)(A) TEC 28.025(a)
Document	The additional credit requirements in mathematics, science, and elective courses; and Citations: 89.1070(c)(1) TEC 28.025(c-7)(1)(B) TEC 28.025(c-2)
Document	Satisfactorily completing the courses required for that endorsement: Citations: 89.1070(c)(2) TEC 28.025(c-7)(2)
Document	Without modification of the curriculum for those courses; or Citations: 89.1070(c)(2) TEC 28.025(c-7)(2)(A)
Document	With modification of the curriculum for those courses, provided that the curriculum as modified, is sufficiently rigorous as determined by the child's ARD committee. Citations: 89.1070(c)(2) TEC 28.025(c-7)(2)(B)
Document	The ARD committee of a child in a special education program will determine whether the child is required to achieve satisfactory performance on an end-of-course assessment instrument to earn an endorsement on the child's transcript. Citations: 89.1070(c)(3) TEC 28.025(c-8)
Document	A child who is classified in grade 11 or 12 who has taken each of the required state assessments but failed to achieve satisfactory performance on no more than two of the assessments is eligible to receive an endorsement if the child meets the other requirements for an endorsement. Citations: 89.1070(d)
	TRANSITION TO THE FOUNDATION HIGH SCHOOL PROGRAM FOR CHILDREN WHO ENTERED GRADE 9 BEFORE THE 2014-15 SCHOOL YEAR
Practice	A child receiving special education services who entered grade 9 before the 2014-15 school year may graduate and be awarded a high school diploma under the Foundation High School Program, if the child's ARD committee determines that the child should take courses under that program and the child satisfies the requirements of that program. Citations: 89.1070(e) TEC 28.025(c)(1)
Practice	A child transitioning to the Foundation High School Program may earn an endorsement if the child meets the requirements for an endorsement. Citations: 89.1070(c)-(d) 89.1070(e)
Document	A child transitioning to the Foundation High School Program who is classified in grade 11 or 12 who has taken each of the required state assessments but failed to achieve satisfactory performance on no more than two of the assessments may graduate if the child has satisfied all other applicable graduation requirements. Citations: 89.1070(e) 101.3022(f)(1)
	SUBSTITUTIONS UNDER THE FOUNDATION HIGH SCHOOL PROGRAM
Document	A child, who due to a disability, is unable to complete two credits in the same language in a language-other-than-English (LOTE), may substitute a combination of two credits from English language arts, mathematics, science, or social studies or two credits in career and technical education, technology applications, or other academic electives for the LOTE credit requirements if the ARD committee determines that the child is unable to complete the LOTE credit requirements. Citations: 74.12(b)(5)(D)(i) TEC 28.025(b-14)(1)
Document	A child who is unable to participate in physical activity due to a disability or illness may substitute one credit in English language arts, mathematics, science, social studies, a locally-designed course that meets the state criteria for substitution under state law, or one academic credit elective for the physical education (PE) credit requirement if the ARD committee determines that the child is unable to participate in physical activity. Citations: 74.12(b)(6)(G)(i) TEC 28.025(b-11)
Practice	A credit allowed to be substituted for LOTE or PE credit may not be used to satisfy any other graduation credit requirement. Citations: TEC 28.025(b-11) TEC 28.025(b-14)
	DISTINGUISHED ACHIEVEMENT, RECOMMENDED, AND MINIMUM HIGH SCHOOL PROGRAMS
Practice	A child receiving special education services who entered grade 9 before the 2014-15 school year may graduate and be awarded a regular high school diploma if the child: Citations: 89.1070(f) 101.3023 TEC 28.025(c)(1) TEC 39.025
Document	Demonstrates mastery of the state standards or LEA standards if they are greater; Citations: 89.1070(f)(1)
Document	Satisfactorily completes credit requirements for graduation, under the recommended or distinguished achievement high school programs; and Citations: 89.1070(f)(1)
Document	Achieves satisfactory performance on the required state assessments. Citations: 89.1070(f)(1)
Document	A child who is classified in grade 11 or 12 who has taken each of the required state assessments but failed to achieve satisfactory performance on no more than two of the assessments is eligible to graduate under the recommended or distinguished achievement high school program if the child meets all other applicable graduation requirements. Citations: 89.1070(f)(2) 101.3022(f)(1)
Practice	A child receiving special education services who entered grade 9 before the 2014-15 school year may also graduate and be awarded a regular high school diploma if the child: Citations: 89.1070(f)(3) 101.3023 TEC 39.025 TEC 28.025(c)(1)
Document	Demonstrates mastery of the state standards or LEA standards if they are greater; Citations: 89.1070(f)(3)
Document	Satisfactorily completes credit requirements for graduation, under the minimum high school program; and Citations: 89.1070(f)(3)
Document	Participates in or satisfactorily performs on the required state assessments, as determined by the ARD committee. Citations: 74.1025(n) 89.1070(f)(3) 101.3023(a) TEC 39.025(a-4)
Practice	A child receiving special education services who entered grade 9 before the 2014-15 school year may also graduate and be awarded a regular high school diploma if the child: Citations: 89.1070(f)(4) 101.3023 TEC 28.025(c)(2) TEC 39.025
Document	Demonstrates mastery of the state standards or LEA standards if they are greater through courses, one or more of which contain modified content that is aligned to the standards required under the minimum high school program; Citations: 89.1070(f)(4)
Document	Satisfactorily completes credit requirements under the minimum high school program; Citations: 89.1070(f)(4)
Document	Participates in or satisfactorily performs on the required state assessments, as determined by the ARD committee; and Citations: 74.1025(n) 89.1070(f)(4) 101.3023(a) TEC 39.025(a-4)
Document	Successfully completes the IEP and meets one of the following conditions: Citations: 89.1070(f)(3)
Document	Consistent with the IEP, has obtained full-time employment, based on the child's abilities and local employment opportunities, in addition to mastering sufficient self-help skills to enable the child to maintain the employment without direct and ongoing educational support of the LEA; Citations: 89.1070(g)(4)(A)- 86th Leg
Document	Consistent with the IEP, has demonstrated mastery of specific employability skills and self-help skills that do not require direct ongoing educational support of the LEA; Citations: 89.1070(g)(4)(B)-86th Leg.
Document	Has access to services that are not within the legal responsibility of public education or employment or educational options for which the child has been prepared by the academic program; or Citations: 89.1070(g)(4)(C)-86th Leg.
Document	No longer meets age eligibility requirements. Citations: 89.1035 89.1070(f)(4)(D)
	CHILDREN ELIGIBLE TO RETURN TO SCHOOL AFTER GRADUATING
Practice	A child who meets the AGE RANGE FOR ELIGIBILITY may return to school as long as the child was awarded a diploma that met the following conditions: Citations: 89.1035(a) 89.1070(b)(3)(A)-(C) 89.1070(f)(4)(A)-(C) 89.1070(j)
Practice	The child was required to successfully complete the child's IEP; and Citations: 89.1070(b)(3)(A)-(C) 89.1070(f)(4)(A)-(C) 89.1070(j)
Practice	The child was required to: Citations: 89.1070(b)(3)(A)-(C) 89.1070(f)(4)(A)-(C) 89.1070(j)
Practice	Obtain full-time employment, based on the child's abilities and local employment opportunities, in addition to mastering sufficient self-help skills to enable the child to maintain the employment without direct and ongoing educational support of the LEA; Citations: 89.1070(b)(3)(A)-(C) 89.1070(f)(4)(A)-(C) 89.1070(j)
Practice	Demonstrate mastery of specific employability skills and self-help skills that do not require direct ongoing educational support of the LEA; or Citations: 89.1070(b)(3)(A)-(C) 89.1070(f)(4)(A)-(C) 89.1070(j)
Practice	Have access to services that were not within the legal responsibility of public education or employment or educational options for which the child has been prepared by the academic program. Citations: 89.1070(b)(3)(A)-(C) 89.1070(f)(4)(A)-(C) 89.1070(j)
Practice	The ARD committee must determine the needed educational services upon the request of the child or parent to resume services. Citations: 89.1070(j)
	CERTIFICATES OF ATTENDANCE AND PARTICIPATION IN GRADUATION CEREMONIES
Practice	The LEA must issue a certificate of attendance to the child who has completed four years of high school but has not completed the IEP. Citations: TEC 28.025(f)
Practice	The LEA must allow the child who receives a certificate of attendance to participate in a graduation ceremony with children receiving high school diplomas. Citations: TEC 28.025(f)
Practice	The child may participate in only one graduation ceremony to receive a certificate of attendance. Citations: TEC 28.025(f)
Practice	The child who receives a certificate of attendance is not prevented from receiving a diploma if the child completes the IEP. Citations: TEC 28.025(f)
	FINANCIAL AID APPLICATION REQUIREMENT
Practice	Beginning with children enrolled in grade 12 during the 2021-22 school year: Citations: HB 3 Sec. 5.001(c)(2019)
Practice	Before graduating from high school, each child must complete and submit a Free Application for Federal Student Aid (FAFSA) or a Texas Application for State Financial Aid (TAFSA). Citations: TEC 28.0256(a)
Practice	The child is not required to submit the FAFSA or the TAFSA if: Citations: TEC 28.0256(b)
Document	The child's parent or other person standing in parental relation submits a signed form indicating that the parent or other person authorizes the child to decline to complete and submit the financial aid application; Citations: TEC 28.0256(b)(1)
Document	The child signs and submits the form on the child's own behalf if the child is 18 years of age or older or the child's disabilities of minority have been removed for general purposes; or Citations: TEC 28.0256(b)(2) TX Family Code Ch. 31
Document	A school counselor authorizes the child to decline to complete and submit the financial aid application for good cause, as determined by the school counselor. Citations: TEC 28.0256(b)(3)
Document	The LEA must adopt a form to be used for purposes of documenting the waiver to submit the FAFSA or TASFA, and the form must be: Citations: TEC 28.0256(c)
Document	Approved by the Texas Education Agency; and Citations: TEC 28.0256(c)(1)
Document	Made available in English, Spanish, and any other language spoken by a majority of the children enrolled in a bilingual education or special language program in the district or school. Citations: TEC 28.0256(c)(2)
Document	If a school counselor notifies an LEA whether a child has complied with the financial aid application requirement, the school counselor may only indicate whether the child has complied with this section and may not indicate the manner in which the child complied. Citations: TEC 28.0256(d)

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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

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-1) A student enrolled in a college preparatory mathematics or English language arts course under Section 28.014 who satisfies the Texas Success Initiative (TSI) college readiness benchmarks prescribed by the Texas Higher Education Coordinating Board under Section 51.334 on an assessment instrument designated by the coordinating board under that section administered at the end of the college preparatory mathematics or English language arts course satisfies the requirements concerning and is exempt from the administration of the Algebra I or the English I and English II end-of-course assessment instruments, as applicable, as prescribed by Section 39.023(c), even if the student did not perform satisfactorily on a previous administration of the applicable end-of-course assessment instrument. A student who fails to perform satisfactorily on the assessment instrument designated by the coordinating board under Section 51.334 administered as provided by this subsection may retake that assessment instrument for purposes of this subsection or may take the appropriate end-of-course assessment instrument.

(a-2) The commissioner shall determine a method by which a student's satisfactory performance on an advanced placement test, an international baccalaureate examination, an SAT Subject Test, the SAT, the ACT, or any nationally recognized norm-referenced assessment instrument used by institutions of higher education to award course credit based on satisfactory performance on the assessment instrument shall be used to satisfy the requirements concerning an end-of-course assessment instrument in an equivalent course as prescribed by Subsection (a). The commissioner shall determine a method by which a student's satisfactory performance on the PSAT or the ACT-Plan shall be used to satisfy the requirements concerning an end-of-course assessment instrument in an equivalent course as prescribed by Subsection (a). A student who fails to perform satisfactorily on a test or other assessment instrument authorized under this subsection, other than the PSAT or the ACT-Plan, may retake that test or other assessment instrument for purposes of this subsection or may take the appropriate end-of-course assessment instrument. A student who fails to perform satisfactorily on the PSAT or the ACT-Plan must take the appropriate end-of-course assessment instrument. The commissioner shall adopt rules as necessary for the administration of this subsection.

(a-3) A student who, after retaking an end-of-course assessment instrument for Algebra I or English II, has failed to perform satisfactorily as required by Subsection (a), but who receives a score of proficient on the Texas Success Initiative (TSI) diagnostic assessment for the corresponding subject for which the student failed to perform satisfactorily on the end-of-course assessment instrument satisfies the requirement concerning the Algebra I or English II end-of-course assessment, as applicable.

(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