SECTION 89.1607. Evaluation of Student Records for Students Who Are Homeless or in Substitute Care

(a) School districts and open-enrollment charter schools shall adopt a local policy to ensure credit, including proportionate credit, has been awarded appropriately to a student who is homeless or in substitute care for coursework completed prior to the student enrolling in or transferring to the district or charter school in accordance with §74.26 of this title (relating to Award of Credit).

(b) School districts and open-enrollment charter schools must ensure that student records or transcripts provided by the previous district or charter school are evaluated promptly and are complete, accurate, and up to date.

(c) The receiving school district or open-enrollment charter school must develop, maintain, and regularly update local records and documentation, including transcripts if applicable, for a student who is homeless or in substitute care.

(d) School districts and open-enrollment charter schools must ensure that the records or transcripts of a student who is homeless or in substitute care and transferring from out of-state, out of country, or a Texas nonpublic school are evaluated and the award of credit is determined in a timely manner, as required by §74.26(a)(2) of this title.

(e) School districts and open-enrollment charter schools must award credit proportionately to a student who is homeless or in substitute care who successfully completes only half of a course, as required by §74.26 of this title. Districts and charter schools must evaluate the student record upon a student's enrollment and ensure that proportionate credit has been awarded appropriately.

(f) If a school district or open-enrollment charter school determines that there are courses in which a student was enrolled but for which the student has not earned credit, the district or charter school may use a variety of methods to determine whether the student may be eligible for full or proportionate credit for coursework completed. The award of credit must be based on demonstrated proficiency in all state and local requirements for a course in accordance with §74.26 of this title.

(g) School districts and open-enrollment charter schools must provide opportunities for a student who is homeless or in substitute care who enrolls in the district or charter school after the start of the school year to be administered credit by examination at any point during the school year, as required by §74.24 of this title (relating to Credit by Examination).

(h) School districts and open-enrollment charter schools must:

(1) develop processes for students who have credit deficits or incomplete coursework that would impede on-time promotion or graduation to earn credit and implement appropriate academic interventions to address any credit deficiencies identified;

(2) develop and administer a personal graduation plan in accordance with Texas Education Code, (TEC), §28.0212, for each student in junior high or middle school who is not likely to receive a high school diploma before the fifth school year following the student's enrollment in Grade 9, as determined by the district or charter school, or does not perform satisfactorily on a state assessment instrument administered under TEC, Chapter 39, Subchapter B;

(3) review personal graduation plan options with each student entering Grade 9 and with that student's parent or guardian as required by TEC, §28.02121. Before the conclusion of the school year, the student and the student's parent or guardian must confirm and sign a personal graduation plan for the student;

(4) ensure that school staff actively engage with the student and the student's parent or guardian, as applicable, to develop a plan to recover credits if the student has credit deficits or incomplete coursework that would impede on-time promotion or graduation; and

(5) comply with TEC, §28.025(i), concerning the award of diplomas for students who are homeless or in substitute care who are in Grade 11 or 12.

Source Note: The provisions of this §89.1607 adopted to be effective January 1, 2023, 47 TexReg 8659