Yoakum ISD
062903

ACADEMIC ACHIEVEMENT:
EIF
GRADUATION
(LEGAL)




A student may graduate and receive a diploma only if the student successfully completes:

  1. The curriculum requirements identified by the State Board of Education and has performed satisfactorily on the exit-level assessment instruments identified in Education Code 39.025; or

  2. An individualized education program (IEP) developed under Education Code 29.005. [See EHBAB]

Education Code 28.025(c)

DIPLOMA/TRANSCRIPT/ CERTIFICATE OF COURSEWORK COMPLETION

Graduates of each high school are awarded the same type of diploma. The academic achievement record (transcript), rather than the diploma, records individual accomplishments, achievements, and courses completed and displays appropriate graduation seals. 19 TAC 74.11(a), 74.41(a), 74.51(a) [See El for provisions regarding certificate of coursework completion]

EXIT-LEVEL ASSESSMENT

<>A student may not receive a high school diploma until the student has performed satisfactorily on the secondary exit-level instruments for English language arts mathematics, social studies, and science. A student is not required to demonstrate readiness to enroll in an institution of higher education. Education Code 39.023(c), 39.025(a); 19 TAC 101.7(a)

To fulfill the testing requirements for graduation, a student must be tested by either a Texas school district, Texas education service center, open-enrollment charter school, the Texas Education Agency (TEA), or other individual or organization designated by the Commissioner of Education.

According to procedures specified in the applicable test administration materials, an eligible student or out-of-school individual who has not met graduation requirements may retest on a schedule determined by the Commissioner.

A foreign exchange student who has waived in writing his or her intention to receive a Texas high school diploma may be excused from the exit-level testing requirements.

19 TAC 101.7

IMPLEMENTATION SCHEDULE
<>A student shall not be required to demonstrate performance at a
standard higher than the one in effect when the student was first eligible to take the test.

STUDENTS WHO TAKE TAKS

Students who were enrolled in grade 8 or a lower grade on January 1, 2001, and who did not complete all coursework required to graduate by September 1, 2004, must fulfill testing requirements for graduation with the exit-level Texas Assessment of Knowledge and Skills (TAKS) tests. "Coursework necessary to graduate" means all coursework required under the student's graduation plan.

STUDENTS WHO TAKE TAAS

Students who were enrolled as follows shall fulfill testing requirements for graduation with the exit-level Texas Assessment of Academic Skills (TAAS):

  1. In grade 9 or higher on January 1, 2001, regardless of when they are scheduled to graduate; or

  2. In grade 8 or lower on January 1, 2001, if they were on an accelerated track and fulfilled all coursework necessary to graduate by September 1, 2004.

Notwithstanding the above, student who pass all required exit-level TAKS tests have fulfilled their testing requirements for graduation.

STUDENTS WHO TAKE END-OF-COURSE EXAMS

Students who passed the Algebra I, English II, and either Biology or U.S. History end-of-course exams by spring 2002 have fulfilled their testing requirements for gradation, regardless of their enrolled grade level on January 1, 2001.

SPECIAL EDUCATION STUDENTS

A student receiving special education services who successfully completes the requirements of his or her IEP shall receive a high school diploma. 19 TAC 101.7(c)

LEP STUDENTS

Limited English proficiency (LEP) students are not eligible for an exemption from the exit-level assessment of academic skills or the end-of-course tests on the basis of limited English proficiency. However, LEP students who are recent immigrants may postpone only one time the initial administration of the exit-level test. The term "recent immigrant" is defined as an immigrant who first enrolls in U.S. schools no more than 12 months before the administration of the test from which the postponement is sought. 19 TAC 101.1005 [See EKB]

NOTICE OF
GRADUATION REQUIREMENTS

In order to provide timely and full notification of graduation requirements, the Superintendent shall be responsible for:

  1. Notifying each student and the student's parent or guardian in writing no later than the beginning of the student's seventh-grade year of the testing requirements for graduation;

  2. Notifying each student in grades 7–12 new to the District and the student's parent or guardian in writing of the testing requirements for graduation; and

  3. Notifying each student who shall take the tests required for graduation and the student's parent or guardian, as well as out-of-school individuals, of the dates, times, and locations of testing.

19 TAC 101.13

PERSONAL GRADUATION PLAN (PGP)

A principal shall designate a guidance counselor, teacher, or other appropriate individual to develop and administer a personal graduation plan (PGP) for each student enrolled in a junior high, middle, or high school who:

  1. Does not perform satisfactorily on a state assessment instrument; or

  2. Is not likely to receive a high school diploma before the fifth school year following the student's enrollment in grade level nine, as determined by the District.

A PGP must:

  1. Identify educational goals for the student;

  2. Include diagnostic information, appropriate monitoring and intervention, and other evaluation strategies;

  3. Include an intensive instruction program described in Education Code 28.0213 [see EHBC];

  4. Address participation of the student's parent or guardian, including consideration of the parent's or guardian's educational expectations for the student; and

  5. Provide innovative methods to promote the student's advancement, including flexible scheduling, alternative learning environments, online instruction, and other interventions that are proven to accelerate the learning process and have been scientifically validated to improve learning and cognitive ability.

A student's IEP developed under Education Code 29.005 [see EHBAB] may be used as the student's PGP.

Education Code 28.0212

EARLY GRADUATION

A parent is entitled to request, with the expectation that the request will not be unreasonably denied, that the parent's child be permitted to graduate from high school earlier than the child would normally graduate, if the child completes each course required for graduation. The decision of the Board concerning the request is final and may not be appealed. Education Code 26.003(a)(3)(C), 26.003(b) [See FMH, FNG]

STATE GRADUATION REQUIREMENTS

All credit for graduation must be earned no later than grade 12. 19 TAC 74.11(b), 74.41(b), 74.51(b)

NINTH GRADERS IN 1998-99 THROUGH 2000-01

To receive a high school diploma, a student entering grade 9 in the 1998-99, 1999-2000, or 2000-01 school years must pass the exit-level test and complete the requirements of the Minimum High School Program, the Recommended High School Program, or the Distinguished Achievement Program. 19 TAC 74.11(c), (d), 74.12-.13

NINTH GRADERS IN 2001-02 THROUGH 2003-04

To receive a high school diploma, a student entering grade 9 in the 2001-02, 2002-03, or 2003-04 school year must pass the exit-level test and complete the requirements of the Minimum High School Program, the Recommended High School Program, or the Distinguished Achievement Program. 19 TAC 74.41(c), 74.42-.44

NINTH GRADERS IN 2004-05 AND THEREAFTER

The District shall ensure that each student entering the ninth grade in the 2004-05 school year and thereafter enrolls in the courses necessary to complete the curriculum requirements identified by the State Board for the Recommended or Advanced High School Program unless the student, the student's parent or other person standing in parental relation to the student, and a school counselor or school administrator agree that the student should be permitted to take courses under the Minimum High School Program. Education Code 28.025(b) 74 TAC 74.51(d), 74.52.-.54

MINIMUM HIGH SCHOOL PROGRAM


A student entering grade 9 in the 1998-99, 1999-2000, or 2000-01 school years must earn at least 22 credits to complete the Minimum High School Program and demonstrate proficiency in the program requirements listed at 19 TAC 74.11(c), (d).

A student entering grade 9 in the 2001-02 school year or thereafter must earn at least 22 credits to complete the Minimum High School Program. A student must demonstrate proficiency in the program requirements listed at EIF(EXHIBIT A). 19 TAC 74.42, 74.52

RECOMMENDED HIGH SCHOOL PROGRAM

A student entering grade 9 in the 1998-99, 1999-2000, or
2000-01 school years who wishes to complete the Recommended High School Program and have the accomplishment recognized on the academic achievement record must complete the requirement: listed at 19 TAC 74.12.

A student entering grade 9 in the 2001-02 school year or thereafter must earn at least 24 credits to complete the Recommended High School Program. A student must demonstrate proficiency in the program requirements listed at EIF(EXHIBIT B). 19 TAC 74.43, 74.53

DISTINGUISHED ACHIEVEMENT PROGRAM

A student entering grade 9 in the 1998-99, 1999-2000, or 2000-01 school years who wishes to complete an advanced high school program, called the Distinguished Achievement Program, and to have that accomplishment recognized and distinguished on the academic achievement record (transcript) shall complete the requirements listed at 19 TAC 74.13(a).

A student entering grade 9 in the 2001-02 school year or thereafter must earn at least 24 credits to complete the Distinguished Achievement Program. A student must demonstrate proficiency in the program requirements listed at EIF(EXHIBIT C). 19 TAC74.44, 74.54

SUBSTITUTIONS

No substitutions are allowed for high school graduation requirements in the Recommended and Distinguished Achievement Programs, except as provided by State Board rule. 19 TAC 74.12(d), 74.13(a)(4), 74.43(d), 74.44(e), 74.53(d), 74.54(e)

CREDIT BY EXAMINATION

Credit may be awarded with or without prior instruction if the student has earned credit by examination [see EEJA, EEJB]. 19 TAC 74.11(d), 74.24(c)

AP OR IB COURSES

College Board Advanced Placement and International Baccalaureate courses may be substituted for required courses in appropriate areas. Students entering grade 9 in the 2001–02 school year may use these courses as electives in all three high school graduation programs. 19 TAC 74.11(d), 74.41(g), 74.51(h)

READING

The District may offer a maximum of 3 credits of reading for state graduation elective credit for identified students if the District:

  1. Adopts policies to identify students in need of additional reading instruction;

  2. Has procedures that include assessment of individual student needs and ongoing evaluation of each student's progress; and

  3. Monitors instructional activities to ensure that student needs are addressed.

Reading credits may be selected from Reading I, II, or III.

19 TAC 74.11(e), 74.41(d), 74.51(e)

PRIVATE OR COMMERCIALLY SPONSORED PHYSICAL ACTIVITY PROGRAMS

For students who entered grade 9 in the 1997-98 through 2000-01 school years, see 19 TAC 74.11(d)(7)(C), 74.12(b)(9)(B), and 74.13(a)(1)(I)(ii).

For students entering grade 9 in the 2001–02 school year or thereafter, the Board may award up to 2 credits for physical education for appropriate private or commercially sponsored physical activity programs conducted either on or off campus. The District must apply to the Commissioner for approval of such programs, which may be substituted for state graduation credit in physical education. 19 TAC 74.11(d)(7)(C), 74.43(b)(7)(G), 74.52(b)(7)(C), 74.53 (b) (7) (C) , 74.54 (b) (7) (C)

TRANSFERS FROM OUT-OF-STATE OR NONPUBLIC
SCHOOLS

Out-of-state or out-of-country transfer students (including foreign exchange students) and transfer students from Texas nonpublic schools are eligible to receive a Texas diploma but shall complete all high school graduation requirements under 19 TAC 74.11, 74.41, or 74.51, as applicable, to satisfy state graduation requirements. Any course credits required for graduation that are not completed before enrollment in the District may be satisfied by credit by examination, correspondence courses, distance learning, or completing the course, according to the provisions of 19 TAC 74.26. 19 TAC 74.11(f), 74.41(e), 74.51(f) [See EEJA, EEJB, EEJC, EHDE, and El]

CLASSIFICATION FOR PHYSICAL EDUCATION

The District shall classify students for physical education on the basis of health into one of the following categories:

  1. Unrestricted — not limited in activities.

  2. Restricted — excludes the more vigorous activities. Restricted classification is of two types:

    1. Permanent — A member of the healing arts licensed to practice in Texas shall provide written documentation to the school as to the nature of the impairment and the expectations for physical activity for the student.

    2. Temporary — Students may be restricted from physical activity of the physical education class. A member of the healing arts licensed to practice in Texas shall provide written documentation to the school as to the nature of the temporary impairment and the expected amount of time for recovery. During recovery time, the student shall continue to learn the concepts of the lessons but shall not actively participate in the skill demonstration.

  3. Adapted and remedial — specific activities prescribed or prohibited for students as directed by a member of the healing arts licensed to practice in Texas.

19 TAC 74.31

GRADUATION OF SPECIAL EDUCATION STUDENTS

A student receiving special education services may graduate and be awarded a high school diploma if:

COMPLETION OF GENERAL EDUCATION REQUIREMENTS

  1. The student has satisfactorily completed the state's or District's (whichever is greater) minimum curriculum and credit requirements for graduation applicable to students in general education, including satisfactory performance on the exit-level assessment instrument; or

  2. The student has satisfactorily completed the state's or District's (whichever is greater) minimum curriculum and credit requirements for graduation applicable to students in general education and has been exempted from the exit-level assessment instrument under Education Code 39.027(a)(2)(B).

COMPLETION OF IEP

A student receiving special education services may also graduate and receive a regular high school diploma when the student's ARD committee has determined that the student has successfully completed:

  1. The student's IEP and met one of the following conditions:

    1. Full-time employment, based on the student's abilities and local employment opportunities, in addition to sufficient self-help skills to enable the student to maintain the employment without direct and ongoing educational support of the District;

    2. Demonstrated mastery of specific employability skills and self-help skills which do not require direct ongoing educational support of the District; employability and self-help skills are those skills directly related to the preparation of students for employment, including general skills necessary to obtain or retain employment; or

    3. Access to services which 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;

  2. The state's or District's (whichever is greater) minimum credit requirements for students without disabilities; and

  3. The state's or District's minimum curriculum requirements to the extent possible with modifications/substitutions only when it is determined necessary by the ARD committee for the student to receive an appropriate education.

When considering a student's graduation under this provision, the student shall be evaluated before graduation as required by 34 CFR 300.534(c), and the ARD committee shall consider the evaluation, the views of the parent and/or student as appropriate, and, when appropriate, seek in writing and consider written recommendations from adult service agencies.

Students who participate in graduation ceremonies but who are not graduating and who will remain in school to complete their education do not have to be evaluated.

In addition, the ARD committee shall determine needed educational services upon the request of the student or parent to resume services, as long as the student meets the age eligibility requirements.

AGING OUT

A student receiving special education services may also graduate and receive a regular high school diploma upon the ARD committee determining that the student no longer meets age eligibility requirements and has completed the requirements specified in the IEP.

19 TAC 89.1070

DATE ISSUED: 04/01/2005

 
UPDATE 75


EIF (LEGAL)—P