The Legal Framework for the Child-Centered Special Education Process

 
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GRADUATION  
 

Authorities:  20 U.S.C. §§ 1412, 1414; 34 C.F.R. Part 300; Texas Education Code; 19 T.A.C. Chapter 89

 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS

P

Graduation from high school with a regular high school diploma under this framework:

300.305(e)(3)
89.1070(e)


P



P



GRADUATION DUE TO SATISFACTORY COMPLETION OF REGULAR CURRICULUM AND CREDIT REQUIREMENTS


P
For a child graduating and being awarded a high school diploma under this part, graduation terminates the child's eligibility for special education services and entitlement to the benefits of the Foundation School Program. 300.102(a)(3)
89.1070(a)


P
A child receiving special education services may graduate and be awarded a regular high school diploma if: 89.1070(b)
TEC 28.025(c)(1)


D
  • The child has satisfactorily completed the State's or local educational agency's (LEA's)(whichever is greater) minimum curriculum and credit requirements for graduation (under the recommended or distinguished achievement high school program curriculum requirements) applicable to children in general education; and
89.1070(b)(1)
TEC 39.025
TEC 28.025(c)(1)


D
  • The child has had satisfactory performance on the exit-level assessment instrument or, on the end-of-course assessments beginning with the freshman class of 2011-2012.
89.1070(b)(1)
TEC 39.025
TEC 28.025(c)(1)


P
A child receiving special education services may also graduate and be awarded a regular high school diploma if: 89.1070(b)
TEC 39.025
TEC 28.025(c)(1)


P
  • The LEA has complied with the TRANSITION SERVICES framework for taking courses under the minimum high school program;



D
  • The child has satisfactorily completed the State's or LEA's (whichever is greater) minimum curriculum and credit requirements for graduation (under the minimum high school program curriculum requirements) applicable to children in general education;
89.1070(b)(2)
TEC 28.025(c)(1)


D
  • The child has participated in required state assessments; and
89.1070(b)(2)


D
  • The Admission, Review and Dismissal (ARD) committee has determined as part of participation in STATE AND DISTRICTWIDE ASSESSMENTS whether satisfactory performance on a required state assessment will be required for graduation, and the child has met those expectations.
89.1070(b)(2)


GRADUATION DUE TO SUCCESSFUL COMPLETION OF THE IEP




P

For a child receiving special education services to graduate and receive a regular high school diploma pursuant to an individualized education program (IEP):

300.102(a)(3)(iii)
89.1070(e)
TEC 28.025(c)(2)


P
300.305(e)(1)
89.1070(c)
89.1070(e)
1414(c)(5)(A)


D
  • The ARD committee must determine the child has successfully completed the child's IEP;
89.1070(c)(1)
TEC 28.025(c)(2)


D
  • The ARD committee must determine that the child has successfully completed the State's or LEA's (whichever is greater) minimum credit requirements for children without disabilities;
89.1070(c)(3)


D
  • The ARD committee must determine that the child has successfully completed the State's or LEA's minimum curriculum requirements to the extent possible with modifications/substitutions only when it is determined necessary by the ARD committee for the child to receive an appropriate education; and
89.1070(c)(4)


D
  • The ARD committee must determine the child has successfully completed one of the following conditions consistent with the child's IEP:
89.1070(c)(2)


D
    • Full-time employment, based on the child's abilities and local employment opportunities, in addition to sufficient self-help skills to maintain the employment without direct and ongoing educational support of the LEA;
89.1070(c)(2)(A)


D
    • Demonstrated mastery of specific employability skills and self-help skills which do not require direct ongoing educational support of the LEA; or
89.1070(c)(2)(B)


D
    • Access to services which 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.
89.1070(c)(2)(C)


P

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.

89.1070(g)


P

For children who receive a diploma under this part, upon the request of the child or parent to resume services, the ARD COMMITTEE must determine needed educational services as long as the child meets the age eligibility requirements.

89.1070(h)


GRADUATION DUE TO COMPLETION OF THE IEP AND NO LONGER MEETING AGE ELIGIBILILTY REQUIREMENTS




P
For the child receiving special education services to graduate and receive a regular high school diploma under this part, the ARD committee must determine: 89.1070(d)
TEC 28.025(c)(2)


D
  • The child no longer meets age eligibility requirements; and 
89.1070(d)
89.1035


D
  • The child has completed the requirements specified in the IEP.
89.1070(d)
TEC 28.025(c)(2)


CHILDREN WHO HAVE COMPLETED FOUR YEARS OF HIGH SCHOOL BUT HAVE NOT MET GRADUATION REQUIREMENTS




P
The LEA must issue a certificate of attendance to a child who receives special education services and who has completed four years of high school but has not completed the child's IEP. TEC 28.025(f)


P
Children who participate in graduation ceremonies but who are not receiving a high school diploma and who will remain in school to complete their education do not have to be evaluated prior to participating in the ceremonies. 89.1070(f)


P
The LEA must allow the child who receives a certificate of attendance to participate in a graduation ceremony with children receiving high school diplomas. TEC 28.025(f)


P
The child may participate in only one graduation ceremony to receive a certificate of attendance. TEC 28.025(f)


P

The child who receives a certificate of attendance is not prevented from meeting graduation requirements and receiving a diploma as long as the child continues to be age eligible for special education services.

300.101(a)
TEC 28.025(f)
1412(a)(1)(A)

 
 
Last Updated: Friday, October 16, 2009
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