At the June 2016 meeting, the Board of Regents adopted an amendment that created a new graduation pathway for students with a current Individualized Education Plan (IEP). This emergency amendment states that, if these students are unable to meet the graduation requirements by demonstrating proficiency on standard State assessments, they may demonstrate proficiency through a superintendent’s determination for a local diploma. It requires superintendents (or the principal/head of school of a registered nonpublic school or charter school, as applicable) to review, document, and provide a written certification or assurance that there is evidence that the student has otherwise met the standards for graduation with a local high school diploma. A form has been provided for this purpose and provides detailed information on how to document the determination. The School Tools section on page 3 contains a link to this form.
Who qualifies to graduate with a local diploma via this option?
Here’s a checklist:
⇒ The student has a current IEP and is receiving special education programs and/or related services.
⇒ The student did not meet the graduation requirements through the low pass (55-64) safety net option or the compensatory option.
⇒ The student earned the required course credits and passed all courses required for graduation, including the Regents courses to prepare for the required Regents exam areas, in accordance with district policy.
⇒The student received a minimum score of 55 on both the Regents ELA and Math exams or successfully appealed a score between 52 and 54.
⇒The student participated in the other exams required for graduation pursuant to section 100.5(a)(5), but has not passed one or more of these as required for graduation.
⇒In a subject area required for graduation where the student was not able to demonstrate proficiency through the Regents assessment, the student has otherwise demonstrated graduation level proficiency in the subject area.
In addition, the superintendent may only consider an eligible student for a local diploma through this pathway upon receipt of a written request from the student’s parent or guardian.
How does this impact the transition planning process?
The Part 200 Regulations were updated this fall to ensure incorporation of information on these changes. Now, at any CSE meeting for a transition-aged student, the development of transition goals and services must include a discussion with the student’s parents of the student’s progress towards receiving a diploma. Additionally, parents must be provided with written information explaining graduation requirements that includes this Superintendent determination pathway.
Additional details can be found in the Part 200 regulations and the summary of the proposed amendments. Links to each of these documents is available in the School Tools section above.
References
Infante-Green, A. (2016). Proposed Amendments to Section 100.5 and 200.4 of the Commissioner’s Regulations to Require Superintendents to Make a Local Determination as to Academic Proficiency for Certain Students with Disabilities to Graduate with a Local Diploma. Retrieved from: http://www.regents.nysed.gov/common/regents/files/1016p12a1.pdf
NYSED. (2016). Superintendent Determination of Graduation with a Local Diploma, form prescribed by the Commissioner June 2016. Retrieved from http://www.p12.nysed.gov/specialed/publications/documents/SupDetofGraduationForm.pdf
NYSED. (2016). Regulations of the Commissioner of Education: Part 200: Students with disabilities. Retrieved from http://www.p12.nysed.gov/specialed/lawsregs/documents/regulations-part-200-oct-2016.pdf