DIPLOMA AN OPTION FOR STUDENTS WITH SIGNIFICANT COGNITIVE ABILITIES
Under federal regulations and corresponding state law, obtaining a high school diploma after a student meets local high school graduation requirements ends a student’s rights to continued IEP’s and offers of FAPE. 34 CFR 300.102, CA. Educ. Code Section 51225.3. For the longest time, California students with significant cognitive disabilities were not afforded the right to earn a diploma and instead IEP teams offered only certificate of completions. Ca. Educ. Code 56390. A Certificate of Completion required the student to meet IEP goals and complete school district approved courses of study. Ca. Educ. Code 51225.3 (defines requirements for certificate of completion courses of study). A student ages out of the IEP process at the age of 22. Ca. Educ. Section 56026.
Concerns that a high school diploma rather than a Certificate of Completion opened pathways for more opportunities and life enhancements for students with cognitive disabilities, a California Workgroup was established to consider alternatives to Certificates of Completion.
See https://www.cde.ca.gov/sp/se/ac/altpathwayslegreport.asp. California Education Code 33080 states, “Each child is a unique person, with unique needs, and the purpose of the education system of this state is to enable each child to develop to his/her/their full potential.”
“In the spirit of the IDEA, and equality of opportunity for students with disabilities, the recommendations developed by the Alt Pathways Workgroup attempt to identify existing barriers to earning a high school diploma for students with disabilities and explore the opportunity to develop a pathway for students with significant cognitive disabilities to also obtain a high school diploma (based on the state’s alternate achievement standards). Historically, this latter group of students has received a high school certificate of completion in lieu of a high school diploma, which has proven challenging when attempting to gain competitive integrated employment and access to postsecondary opportunities because the certificate of completion is not formally or widely recognized within the business communities or institutes of higher education”.
The workgroup looked at California Education Code to consider how to develop alternative pathways. The workgroup provided guidance through 2 reports. https://www.scoe.net/divisions/ed_services/workgroup_reports
Critical in these reports:
- An IEP template: The IEP template can help establish the expectation that every student can earn a high school diploma and communicate that expectation to families/guardians and teachers. The IEP team plays a substantial role in planning each student's pathway to a diploma. The workgroup recommends the California State Legislature revise California Education Code Sections 56043(g) and 56345(a)(8) to adjust the required age for postsecondary transition planning from 16 to 14. Require IEP teams to begin formal post-secondary planning including setting measurable post-school outcome measures no later than at the first IEP meeting following the student’s 14th birthday .
- Established in California Education Code 51225.31 that Students with school district governing boards must establish alternative prescribed courses of study, including outside of school supervised work experiences, that allow Students with significant cognitive impairment to earn credits toward the alternative pathways high school diploma. Note, this diploma does not constitute a change of placement like a standard high school diploma and would allow the student to continue to remain IEP eligible even after earning the diploma.
Students with disabilities who IEP teams might consider for Alternative Pathway High School Diplomas:
- IEP eligible Students who take the CAA: The CAAs are based on the California Alternate Achievement Standards which were developed specifically for students with significant cognitive disabilities to be able to access the same California State Standards as their peers without disabilities, just in a modified format.
- This generalized group of students, who receive special education and related services, likely need a moderate level or more specialized support through individualized academic instruction and accommodations to meet grade-level standard expectations. They might require both specialized academic instruction or small group instruction, or additional time to master the content standards of a specific grade-level or course.
- This generalized group of students represent the majority of students with disabilities, who receive special education and related services that will allow them to access and meet the same grade-level academic standards and expectations and complete the same course requirements (state and local) for graduation as their non- disabled peers.
Not every student with an IEP will require this Alternative Pathway. Many IEP students are able to complete local high school graduation requirements and earn a traditional high school diploma and this is especially true when LLG attorneys attend your IEP meetings to help your IEP team take advantage of the legally required supports and services.
Students awarded a Section 51225.31 diploma must be permitted to participate in graduation ceremonies and activities with similar age peers but such participation does not end their right to a FAPE. Also, this new diploma does not exit the student from his/her IEP.
Leigh Law Group is at the cutting edge of special education. If you bring one of our attorneys to your IEP or Section 504 plan meeting, you’ll never have to worry if your IEP eligible child isn’t getting the help they need in school. Visit us http://www.leighlawgroup.com
