A student is eligible to participate in a High School Equivalency Program if:

1. (1) the student has been ordered by a court under Code of Criminal Procedure, Article 45.054, or by the Texas Youth Commission to:

   1. (A) participate in a preparatory class for the high school equivalency examination; or
   2. (B) take the high school equivalency examination administered under Texas Education Code (TEC), §7.111; or

2. (2) the following conditions are satisfied:

   1. (A) the student is at least 16 years of age at the beginning of the school year or semester;
   2. (B) the student is at risk of dropping out of school, as defined by TEC, §29.081;
   3. (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
   4. (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. For students who left school prior to being enrolled in Grade 9, at least three years have elapsed since the student last enrolled in Grade 8, or four years since the student last enrolled in Grade 7, or five years since the student last enrolled in Grade 6.

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.