A student is eligible to participate in a High School Equivalency Program if:(1) the student has been ordered by a court under Texas Family Code, §65.103, or by the Texas Juvenile Justice Department to:(A) participate in a preparatory class for the high school equivalency examination; or(B) take the high school equivalency examination administered under the Texas Education Code (TEC), §7.111; or(2) the following conditions are satisfied:(A) the student is at least 16 years of age at the beginning of the school year or semester;(B) the student is at risk of dropping out of school, as defined by the TEC, §29.081;(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(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.