SUMMARY OF PERFORMANCE

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

. . . 
(e) Evaluations before change in eligibility. 
    . . .  
    (3) For a child whose eligibility terminates under circumstances described in paragraph (e)(2) of this section, a public agency must provide the child with a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child’s postsecondary goals. 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

. . . 
(e) Evaluations before change in eligibility. 
    . . .  
    (2) The evaluation described in paragraph (e)(1) of this section is not required before the termination of a child’s eligibility under this part due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for FAPE under State law. 
    . . .  


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

. . . 
(e) Evaluations before change in eligibility. 
    . . .  
    (3) For a child whose eligibility terminates under circumstances described in paragraph (e)(2) of this section, a public agency must provide the child with a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child’s postsecondary goals. 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

. . . 
(e) Evaluations before change in eligibility. 
    . . .  
    (3) For a child whose eligibility terminates under circumstances described in paragraph (e)(2) of this section, a public agency must provide the child with a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child’s postsecondary goals. 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1070. Graduation Requirements.

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

. . . 
(e) Evaluations before change in eligibility. 
    . . .  
    (2) The evaluation described in paragraph (e)(1) of this section is not required before the termination of a child’s eligibility under this part due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for FAPE under State law. 
    . . .  


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.305  Additional requirements for evaluations and reevaluations. 

. . . 
(e) Evaluations before change in eligibility. 
    . . .  
    (3) For a child whose eligibility terminates under circumstances described in paragraph (e)(2) of this section, a public agency must provide the child with a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child’s postsecondary goals. 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1070. Graduation Requirements.

19 Texas Administrative Code § 89.1070. Graduation Requirements.

19 Texas Administrative Code § 89.1070. Graduation Requirements.

19 Texas Administrative Code § 89.1070. Graduation Requirements.

19 Texas Administrative Code § 89.1070. Graduation Requirements.

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.

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.

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.

OSEP Letter to Green-Churchwell (October 19, 2007)

OSERS Questions and Answers on Secondary Transition (Revised September 2011)