(a) This section applies only to a student who:
(1) entered the ninth grade before the 2011-2012 school year;
(2) successfully completed the curriculum requirements for high school graduation applicable to the student when the student entered the ninth grade;
(3) has not performed satisfactorily on an assessment instrument or a part of an assessment instrument required for high school graduation, including an alternate assessment instrument offered under § 39.025(c-2); and
(4) has been administered the assessment instrument or the part of the assessment instrument for which the student has not performed satisfactorily at least three times.
(b) Notwithstanding the requirements under this subchapter, the commissioner by rule shall establish a procedure to determine whether a student subject to this section may qualify to graduate and receive a high school diploma as provided by this section.

(c) In adopting rules under this section, the commissioner:
(1) shall designate the school district in which a student is enrolled or was last enrolled to make the decision regarding whether the student qualifies to graduate and receive a high school diploma; and
(2) shall establish criteria for school districts to develop recommendations for alternative requirements by which a student subject to this section may qualify to graduate and receive a high school diploma.
(d) In adopting rules under Subsection (c)(2), the commissioner may authorize as an alternative requirement:
(1) an alternative assessment instrument and performance standard for that assessment instrument;
(2) work experience; or
(3) military or other relevant life experience.
(e) A school district’s decision regarding whether the student qualifies to graduate and receive a high school diploma is final and may not be appealed.
(f) The commissioner shall adopt rules to administer this section.
(g) Repealed by Acts 2021, 87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 6, eff. June 7, 2021.