Legislation

 

California Department of Education, Special Education Division

Memorandum

Date:         April 18, 2008

To:             Special Education Local Plan Area and State-operated Programs Directors

Special Education Administrators at County Offices

  From:        Mary Hudler

                  Director, Special Education Division

Subject:     Official Message from State Director of Special Education

 

The California Department of Education is committed to ensuring that all students with disabilities achieve to their maximum potential. It is also important to recognize each individual student's efforts in this regard. California law provides a way to recognize students with disabilities who are unable to earn a high school diploma.

If a student with disabilities does not meet all state and local requirements for earning a high school diploma, including passing the California High School Exit Exam (CAHSEE), then the local educational agency may award the student a certificate or document of educational achievement or completion pursuant to Education Code Section 56390, if the student meets any one of the following conditions:

    (a) The individual has satisfactorily completed a prescribed alternative course of study approved by the governing board of the school district in which the individual attended school or the school district with jurisdiction over the individual and identified in his or her individualized education program, or

    (b) The individual has satisfactorily met his or her individualized education program goals and objectives during high school as determined by the individualized education program team, or

    (c) The individual has satisfactorily attended high school, participated in the instruction as prescribed in his or her individualized education program, and has met the objectives of the statement of transition services.

If the student meets any one of the requirements listed above, that student "shall be eligible to participate in any graduation ceremony and any school activity related to graduation in which a pupil of similar age without disabilities would be eligible to participate." (Education Code Section 56391)

If a student with disabilities, who is scheduled to earn a high school diploma by the end of their senior year, has not met all graduation requirements, the district is still responsible to provide free appropriate public education (FAPE) until age twenty two, even if the student has participated in a graduation ceremony (Education Code Section 56026). The individualized education program team will determine appropriate annual goals and special education supports and related services, and also will determine the appropriate educational setting that will (a) prepare the student to meet all graduation requirements by age twenty two or (b) provide the student with functional life skills and vocational preparation until age twenty two. Should the student and/or parent refuse the offer of FAPE, the student may exit special education and the district may award the student with a certificate of completion.

If you have any questions regarding certificates of completion or diplomas for students with disabilities, please contact Jill Larson at jlarson@cde.ca.gov or 916-323-7192.

 

 

 

 

 

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