A student is eligible to participate in a High School Equivalency Program if:
  (1) the student has been ordered by a court under Texas Family Code, §65.103, or by the Texas Juvenile Justice Department to:
    (A) participate in a preparatory class for the high school equivalency examination; or
    (B) take the high school equivalency examination administered under the Texas Education Code (TEC), §7.111; or
  (2) the following conditions are satisfied:
    (A) the student is at least 16 years of age at the beginning of the school year or semester;
    (B) the student is at risk of dropping out of school, as defined by the TEC, §29.081;
    (C) the student and the student's parent, or person standing in parental relation to the student, agree in writing to the student's participation; and
    (D) at least two school years have elapsed since the student first enrolled in Grade 9 and the student has accumulated less than one third of the credits required to graduate under the minimum graduation requirements of the district or school.

Source Note: The provisions of this §89.1403 adopted to be effective November 27, 2001, 26 TexReg 9620; amended to be effective May 2, 2004, 29 TexReg 3957; amended to be effective September 18, 2006, 31 TexReg 7988; amended to be effective April 28, 2010, 35 TexReg 3259; amended to be effective February 14, 2017, 42 TexReg 555