(1)  The eligibility and qualifications for pursing a Montana proficiency-based diploma (state diploma) pursuant to 20-3-110, MCA, are as follows: 

(a)  An individual is eligible for a state diploma if that individual:

(i)  is at least 17 years of age and otherwise would be eligible for admittance to school under 20-5-101, MCA; and

(ii)  demonstrates, by a written communication from the individual's school district, that the individual is not capable of completing the school district's graduation requirements; and

(b)  An eligible individual qualifies for a state diploma if that individual:

(i)  completes a high school equivalency exam under ARM Title 10, chapter 66, subchapter 1 with a score at least 20% above the minimum passing score;

(ii)  completes a program that includes a community-based mentorship for the individual and that the Superintendent of Public Instruction has determined meets the requirements of 20-3-110(1)(b), MCA; and

(iii)  prepares a written plan for the individual's pathway to college or career readiness that has been approved by the mentor and the program under (1)(b)(ii).

(2)  All state diplomas are issued by the superintendent, who may authorize the program under (1)(b)(ii) to present the diploma to an eligible individual.

(3)  The superintendent is aware that these rules cannot cover all the special circumstances that can arise when determining whether an individual has demonstrated the requirements to receive a state diploma. Therefore, the superintendent may exercise judgment to issue a state diploma in unusual cases when the eligible individual has evidenced in writing specific facts that demonstrate the proficiency, perseverance, and dedication required by 20-3-110, MCA.