(a) As stipulated by §89.1070 of this title (relating to Graduation Requirements), a student receiving special education services under the Texas Education Code (TEC), Chapter 29, Subchapter A, who successfully completes the requirements of his or her individualized education program (IEP), including performance on a state assessment required for graduation, shall receive a Texas high school diploma. A student's admission, review, and dismissal (ARD) committee shall determine if the student will be required to meet satisfactory performance on an assessment for purposes of graduation.
(b) Beginning with the 2011-2012 school year, all Grades 9-12 students with significant cognitive disabilities who are assessed with an alternate assessment as specified in the student's IEP will be assessed using alternate versions of end-of-course (EOC) assessments as listed in §101.3011(b)(2) of this title (relating to Implementation and Administration of Academic Content Area Assessment Instruments).
(c) For the 2011-2012 through 2013-2014 school years, a student who is receiving special education services under the TEC, Chapter 29, Subchapter A, and who is first enrolled in Grade 9 or below in the 2011-2012 school year shall be administered an alternative version of an EOC assessment instrument upon completion of the corresponding course as required by the student's IEP. Beginning with the 2014-2015 school year, a student who is receiving special education services under the TEC, Chapter 29, Subchapter A, whose IEP does not specify the administration of an alternate assessment and who is first enrolled in Grade 9 or below in the 2011-2012 school year shall be administered an EOC assessment instrument upon completion of the corresponding course as required by the student's IEP.

Source Note: The provisions of this §101.3023 adopted to be effective May 29, 2012, 37 TexReg 3827; amended to be effective March 25, 2014, 39 TexReg 2077