(1) A student who is sixteen years of age and who submits written evidence of a need to take the high school equivalency examination to be eligible for an educational or vocational program is eligible to sit for the high school equivalency examination after complying with all statutory and regulatory requirements in regard to high school equivalency examination testing.
(2) (a) A student who is sixteen years of age and who is subject to the jurisdiction of the juvenile court is eligible to sit for the high school equivalency examination if the judicial officer or administrative hearing officer who has responsibility for the student's case finds that sitting for the high school equivalency examination is in the student's best interests based on:
(I) The number of credits that the student has earned toward high school graduation and the number needed to graduate;
(II) The outcome of previous credit recovery and school reengagement plans, if any, created for the student by the school in which the student was most recently enrolled; and
(III) The desires of the student and the student's parent concerning returning to school or sitting for the high school equivalency examination.
(b) Before sitting for the high school equivalency examination, a student who is eligible pursuant to paragraph (a) of this subsection (2) shall comply with all statutory and regulatory requirements in regard to high school equivalency examination testing.
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