Education Code § 28.0258

Sec. 28.0258. HIGH SCHOOL DIPLOMA AWARDED ON BASIS OF INDIVIDUAL GRADUATION COMMITTEE REVIEW. (a) This section applies only to an 11th or 12th grade student who has failed to comply with the end-of-course assessment instrument performance requirements under Section 39.025 for not more than two courses. (b) For each student to whom this section applies, the school district that the student attends shall establish an individual graduation committee at the end of or after the student's 11th grade year to determine whether the student may qualify to graduate as provided by this section. A student may not qualify to graduate under this section before the student's 12th grade year. The committee shall be composed of: (1) the principal or principal's designee; (2) for each end-of-course assessment instrument on which the student failed to perform satisfactorily, the teacher of the course; (3) the department chair or lead teacher supervising the teacher described by Subdivision (2); and (4) as applicable: (A) the student's parent or person standing in parental relation to the student; (B) a designated advocate described by Subsection (c) if the person described by Paragraph (A) is unable to serve; or (C) the student, at the student's option, if the student is at least 18 years of age or is an emancipated minor. (c) The commissioner by rule shall establish a procedure for appointing an alternative committee member if a person described by Subsection (b) is unable to serve, including appointing a designated advocate for the student if the student's parent or person standing in parental relation to the student is unable to serve. The superintendent of each school district shall establish procedures for the convening of an individual graduation committee. (c-2) A school district shall provide an appropriate translator, if available, for the appropriate person described under Subsection (b)(4) who is unable to speak English. (d) The school district shall ensure a good faith effort is made to timely notify the appropriate person described under Subsection (b)(4) of the time and place for convening the individual graduation committee and the purpose of the committee. The notice must be: (1) provided in person or by regular mail or e-mail; (2) clear and easy to understand; and (3) written in English, in Spanish, or, to the extent practicable, in the native language of the appropriate person described by Subsection (b)(4). (e) To be eligible to graduate and receive a high school diploma under this section, a student must successfully complete the curriculum requirements required for high school graduation identified by the State Board of Education under Section 28.025(a). (f) Notwithstanding any other law, a student's individual graduation committee established under this section shall recommend additional requirements by which the student may qualify to graduate, including: (1) additional remediation; and (2) for each end-of-course assessment instrument on which the student failed to perform satisfactorily: (A) the completion of a project related to the subject area of the course that demonstrates proficiency in the subject area; or (B) the preparation of a portfolio of work samples in the subject area of the course, including work samples from the course that demonstrate proficiency in the subject area. (g) For purposes of Subsection (f), a student may submit to the individual graduation committee coursework previously completed to satisfy a recommended additional requirement. (h) In determining whether a student for whom an individual graduation committee is established is qualified to graduate, the committee shall consider: (1) the recommendation of the student's teacher in each course for which the student failed to perform satisfactorily on an end-of-course assessment instrument; (2) the student's grade in each course for which the student failed to perform satisfactorily on an end-of-course assessment instrument; (3) the student's score on each end-of-course assessment instrument on which the student failed to perform satisfactorily; (4) the student's performance on any additional requirements recommended by the committee under Subsection (f); (5) the number of hours of remediation that the student has attended, including: (A) attendance in a college preparatory course required under Section 39.025(b-2), if applicable; or (B) attendance in and successful completion of a transitional college course in reading or mathematics; (6) the student's school attendance rate; (7) the student's satisfaction of any of the Texas Success Initiative (TSI) college readiness benchmarks prescribed by the Texas Higher Education Coordinating Board; (8) the student's successful completion of a dual credit course in English, mathematics, science, or social studies; (9) the student's successful completion of a high school pre-advanced placement, advanced placement, or international baccalaureate program course in English, mathematics, science, or social studies; (10) the student's rating of advanced high on the most recent high school administration of the Texas English Language Proficiency Assessment System; (11) the student's score of 50 or greater on a College-Level Examination Program examination; (12) the student's score on the ACT, the SAT, or the Armed Services Vocational Aptitude Battery test; (13) the student's completion of a sequence of courses under a career and technical education program required to attain an industry-recognized credential or certificate; (14) the student's overall preparedness for postsecondary success; and (15) any other academic information designated for consideration by the board of trustees of the school district. (i) After considering the criteria under Subsection (h), the individual graduation committee may determine that the student is qualified to graduate. Notwithstanding any other law, a student for whom an individual graduation committee is established may graduate and receive a high school diploma on the basis of the committee's decision only if the student successfully completes all additional requirements recommended by the committee under Subsection (f), the student meets the requirements of Subsection (e), and the committee's vote is unanimous. The commissioner by rule shall establish a timeline for making a determination under this subsection. This subsection does not create a property interest in graduation. The decision of a committee is final and may not be appealed. (j) Notwithstanding any action taken by an individual graduation committee under this section, a school district shall administer an end-of-course assessment instrument to any student who fails to perform satisfactorily on an end-of-course assessment instrument as provided by Section 39.025(b). For purposes of Section 39.053(c)(1), an assessment instrument administered as provided by this subsection is considered an assessment instrument required for graduation retaken by a student. (k) The commissioner shall adopt rules as necessary to implement this section not later than the 2015-2016 school year. (l) Repealed by Acts 2021, 87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 6, eff. June 7, 2021. Added by Acts 2015, 84th Leg., R.S., Ch. 5 (S.B. 149), Sec. 3, eff. May 11, 2015. Amended by: Acts 2017, 85th Leg., R.S., Ch. 549 (S.B. 463), Sec. 4, eff. September 1, 2018. Acts 2017, 85th Leg., R.S., Ch. 549 (S.B. 463), Sec. 5, eff. June 9, 2017. Acts 2019, 86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 5, eff. May 7, 2019. Acts 2021, 87th Leg., R.S., Ch. 194 (H.B. 999), Sec. 1, eff. May 31, 2021. Acts 2021, 87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 6, eff. June 7, 2021.