1. (a) This section applies to a student who is a student with a disability (as defined in IC 20-35-1-8 ).

2. (b) If the student does not achieve a passing score on the graduation examination (before July 1, 2018) or fails to meet a graduation pathway requirement (after June 30, 2018), the student's case conference committee may determine that the student is eligible to graduate if the case conference committee finds the following:

   1. (1) The student's teacher of record, in consultation with a teacher of the student in each subject area in which the student has not achieved a passing score, makes a written recommendation to the case conference committee. The recommendation must:

      1. (A) be aligned with the governing body's relevant policy;
      2. (B) be concurred in by the principal of the student's school; and

      3. (C) be supported by documentation that the student has attained the academic standard in the subject area based on:

         1. (i) tests other than the graduation examination; or
         2. (ii) classroom work.

   2. (2) The student meets all the following requirements:

      1. (A) Retakes the graduation examination in each subject area in which the student did not achieve a passing score as often as required by the student's individualized education program. This clause expires July 1, 2018.
      2. (B) Completes remediation opportunities provided to the student by the student's school to the extent required by the student's individualized education program.
      3. (C) Maintains a school attendance rate of at least ninety-five percent (95%) to the extent required by the student's individualized education program with excused absences not counting against the student's attendance.
      4. (D) Maintains at least a "C" average or the equivalent in the courses comprising the credits specifically required for graduation by rule of the state board.

      5. (E) Otherwise satisfies all state and local graduation requirements.

         [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-16-13.]

As added by P.L.1-2005, SEC.16. Amended by P.L.268-2013, SEC.7; P.L.233-2015, SEC.239; P.L.242-2017, SEC.37.