1. Background HB 3, 81st Texas Legislature, 2009, amended the TEC, §39.023, to include changes to graduation requirements effective September 1, 2009 As a result of the changes to the state law, 19 TAC §89.1070 must be amended TEA convened stakeholders in August to provide considerations in drafting proposed changes to 89.1070 Proposed Commissioner’s Rules will be published in the October 15, 2010, issue of the Texas Register, opening the 30-day public comment period One public hearing will be held via TETN on October 19, from 9 am – 12 pm, hosted at each ESC Public comment period ends November 14, 2010 Proposed Commissioner’s Rules: 19 TAC §89.1070 For more info, visit http://ritter.tea.state.tx.us/special.ed/rules/proprule.html

2. Critical Amendment to 19 TAC 89.1070. Graduation Requirements In accordance with state and federal law, an admission, review, and dismissal (ARD) committee may determine that, for a student receiving special education services, a locally developed course is an appropriate substitute for a course that meets state graduation requirements for the minimum high school program. Under current policy, however, there is no requirement for locally developed courses to be aligned with the courses for which they substitute. For example, a student taking Consumer Math or Fundamentals of Math to substitute for Algebra I or Geometry may not receive adequate instruction in the Texas essential knowledge and skills (TEKS) for Algebra I or Geometry, which are both required to be assessed through end-of-course (EOC) assessments. Proposed Commissioner’s Rules: 19 TAC §89.1070

3. Critical Amendment to 19 TAC 89.1070. Graduation Requirements Therefore, a student taking a locally developed course as a substitute for an assessed course would not be prepared to participate in a state assessment. This would include students receiving special education services participating in the general assessments as well as alternate assessments. Beginning with the 2011-2012 school year, school districts will be required to review the content of locally developed courses for alignment with the TEKS to ensure students receive instruction that is aligned with the required course and respective EOC assessment. Proposed Commissioner’s Rules: 19 TAC §89.1070

4. (b)A student receiving special education services may graduate and be awarded a regular high school diploma if the student meets one of the following conditions. [:] (1)The [the] student has satisfactorily completed the state's or district's (whichever is greater) required standards in Chapters 110-128 and Chapter 130 of this title [minimum curriculum] and credit requirements for graduation (under the recommended or distinguished achievement high school programs in Chapter 74 of this title (relating to Curriculum Requirements)) applicable to students in general education, including satisfactory performance as established in the TEC, Chapter 39, on the required state assessments. [exit level assessment instrument; or] Proposed Commissioner’s Rules: 19 TAC §89.1070 Subsection (b)(1) would be amended to update language relating to assessments and include a reference to the performance standards established in the TEC, Chapter 39.

5. (b)A student receiving special education services may graduate and be awarded a regular high school diploma if the student meets one of the following conditions. [:] (1)The [the] student has satisfactorily completed the state's or district's (whichever is greater) required standards in Chapters 110-128 and Chapter 130 of this title [minimum curriculum] and credit requirements for graduation (under the recommended or distinguished achievement high school programs in Chapter 74 of this title (relating to Curriculum Requirements)) applicable to students in general education, including satisfactory performance as established in the TEC, Chapter 39, on the required state assessments. [exit level assessment instrument; or] Proposed Commissioner’s Rules: 19 TAC §89.1070 Subsection (b)(1)-(3) would be amended to include references to the curriculum standards a special education student may be required to complete to graduate and be awarded a high school diploma.

6. (b)A student receiving special education services may graduate and be awarded a regular high school diploma if the student meets one of the following conditions. [:] (2)The [the] student has satisfactorily completed the state's or district's (whichever is greater) required standards in Chapters 110-128 and Chapter 130 of this title [minimum curriculum] and credit requirements for graduation (under the minimum high school program in Chapter 74 of this title) applicable to students in general education, including participation in required state assessments. The student's admission, review, and dismissal (ARD) committee will [shall] determine whether satisfactory performance on the [a] required state assessments is necessary [assessment shall also be required] for graduation Proposed Commissioner’s Rules: 19 TAC §89.1070 Subsection (b)(2) would be amended to clarify the role of the ARD committee in determining the level of performance necessary for graduation.

7. Proposed Commissioner’s Rules: 19 TAC §89.1070 In addition, to more clearly organize the four conditions under which a student with a disability can graduate, the section would be reorganized to move current subsections (c) and (d) to new subsection (b)(3) and (4). OldNew (b)(1) (b)(2) (c)(1)-(3)(b)(3)(A)-(C) (d)(b)(4)