Exiting VICTORY / 18+ Programs

What's Required

(a)  Graduation with a regular high school diploma under subsections (b)(1), (b)(2)(D), (g)(1), (g)(2), (g)(3), or (g)(4)(D) of this section terminates a student's eligibility for special education services under this subchapter and Part B of the Individuals with Disabilities Education Act and entitlement to the benefits of the Foundation School Program, as provided in Texas Education Code (TEC), §42.003(a).

(b)  A student entering Grade 9 in the 2014-2015 school year and thereafter who receives special education services may graduate and be awarded a regular high school diploma if the student meets one of the following conditions.

(1)  The student has demonstrated mastery of the required state standards (or district standards if greater) in Chapters 110-118, 126-128, and 130 of this title and satisfactorily completed credit requirements for graduation under the Foundation High School Program specified in §74.12 of this title (relating to Foundation High School Program) applicable to students in general education as well as satisfactory performance as established in the TEC, Chapter 39, on the required state assessments, unless the student's admission, review, and dismissal (ARD) committee has determined that satisfactory performance on the required state assessments is not necessary for graduation.

(2)  The student has demonstrated mastery of the required state standards (or district standards if greater) in Chapters 110-118, 126-128, and 130 of this title and satisfactorily completed credit requirements for graduation under the Foundation High School Program specified in §74.12 of this title through courses, one or more of which contain modified curriculum that is aligned to the standards applicable to students in general education, as well as satisfactory performance as established in the TEC, Chapter 39, on the required state assessments, unless the student's ARD committee has determined that satisfactory performance on the required state assessments is not necessary for graduation. The student must also successfully complete the student's individualized education program (IEP) and meet one of the following conditions.
(A)  Consistent with the IEP, the student has obtained full-time employment, based on the student's abilities and local employment opportunities, in addition to mastering sufficient self-help skills to enable the student to maintain the employment without direct and ongoing educational support of the local school district.
(B)  Consistent with the IEP, the student has demonstrated mastery of specific employability skills and self-help skills that do not require direct ongoing educational support of the local school district.
(C)  The student has access to services that are not within the legal responsibility of public education or employment or educational options for which the student has been prepared by the academic program.
(D)  The student no longer meets age eligibility requirements.


What We Do

Graduation Requirements.- 89.1070. 

Students, who participate in the 18+ Transition Services program, are continuously evaluated for progress and IEP completion. Students may exit the program at any point at which the student has met the IEP requirements. The ARD Committee makes the exit decision, based on individualized student needs, whether it is appropriate for the student to continue at 18+ or to graduate from 18+. Adult students may graduate at any point during the year at which the ARD Committee determines it is appropriate. 18+, and adult transition program, is designed to transition students at the point at which they are prepared and not at traditional exit points, such as the end of a semester.

Individualized graduation considerations include:

  • Student progress of program requirements, transition services and IEP completion are closely monitored.
  • Adult students and parents/guardians are informed of progress on a regular basis
  • Staff, adult students, and parents are involved in progress monitoring.
  •  Adult students and parents/guardians are notified if the student is eligible for consideration of graduating from 18+ prior to age 21 or upon aging-out of special education services.
  • An ARD Committee is convened to consider the adult student’s progress, IEP completion, and other considerations of graduation and/or aging out of services.
  • The ARD Committee considers the individualized needs of the student, state and district requirements to make the decision regarding graduation.

Exiting 18+ Programs Based on 89.1070(D) – Age Eligibility
(D)  The student no longer meets age eligibility requirements. 

19 Texas Administrative Code § 89. 1035.  Age Ranges for Student Eligibility.
(a) Pursuant to state and federal law, services provided in accordance with this subchapter shall be available to all eligible students ages 3-21. Services will be made available to eligible students on their third birthday. Graduation with a regular high school diploma pursuant to §89.1070 (b)(1)-(2) of this title (relating to Graduation Requirements) terminates a student's eligibility to receive services in accordance with this subchapter. An eligible student receiving special education services who is 21 years of age on September 1 of a school year shall be eligible for services through the end of that school year or until graduation with a regular high school diploma pursuant to §89.1070 (b)(1)-(2) of this title, whichever comes first.


89.1070 (f) - The Request to Return

For children who receive a diploma under this part, upon the request of the child or parent to resume services, the ARD COMMITTEE must determine needed educational services as long as the child meets the age eligibility requirements.

Guidance from ESC 13, Austin (Revised Commissioner’s Rule 89.1070; The Old, The New, and What It Means to for You; October 2011)
When a student, who graduated through 89.1070, returns to request services, an ARD must be held to determine eligibility and the educational need for services: 
- Does this student's disability impact their ability to get and keep a job? 
- Are there job skills the student needs to address? 
- Are there other agencies that the school can contact as part of the coordinated set of activities
   required for transition? 
- What other educational needs does the student have?