Spring is in the air: crocus and daffodils are starting to sprout; children (and their parents) are grumpy while adjusting to daylight savings time; and IEP teams are struggling with the decision about whether a high school senior with an IEP should graduate with a regular diploma or continue to receive services for a 13th year. The issue is so fraught that even local media have picked up on the issue. For better or for worse, IEP teams will have more clear rules to follow if the South Dakota Department of Education’s proposed rule changes are adopted. These rules make fundamental changes to graduation decisions for special education students. Read on to discover the answers to the questions that both general educators and special education professionals will need to know about the new rule. (Click here if you are wondering why the Department is proposing these changes.)
1. Can the IEP Team Decide to Grant a Student a Diploma if the Student Has Not Met State Graduation Requirements?
In a word? No. The new rule makes it absolutely clear that a school district does not have the discretion to grant a student a diploma unless that student has met the state required graduation requirements. The new rule expressly eliminates the IEP team’s previous discretion to “modify specific units of credit.” Simply put, under the new rules, the credits are the credits and deviations from those jeopardize the student’s ability to receive a high school diploma.
2. What can IEP teams do to ensure they are only changing the student’s diploma track if that is what is best for the student?
Students who receive “accommodations” are still eligible to graduate with a regular diploma. Students who receive “modifications” likely are not. Guidance from the Department states that accommodations are efforts educators make to assist a student in mastering the same content that typically-developing students master. Alternatively, modifications excuse students from learning some of the actual material or demonstrating some of the skills that typically-developing students are expected to learn as a condition of receiving a high school diploma. Students who receive “accommodations” but otherwise master the curriculum’s content, may receive a regular diploma. So, when the team is discussing how to best offer specially designed instruction to a special education student, be mindful of whether a student could be successful with accommodations if it is important for the student to graduate with his or her cadre.
Districts should note the progress goals of an IEP may not necessarily coincide with graduation requirements, so IEP teams should be careful when drafting the IEP to ensure credit is given when it is appropriate for the student. The new rules spell this out, as they require schools to notify parents if an alternative assessment could impact the student’s right to a diploma. Teams should keep in mind the lessons from the Endrew F. case that IEPs are not form documents, and that parents can still challenge team decisions on grade level advancement or conferring course credit when they believe it has ultimately denied the student a “free appropriate public education.”
3. What if Our Local District Has Higher Graduation Requirements Than Those Set by the State?
If the board chooses, it can modify its policy to allow for graduation with the state minimums under specific circumstances. Department staff take the position that if the district has a clear policy in place regarding the procedures for such a waiver for all students, and does not just waive the requirements for individual students on an ad hoc basis. If you subscribe to the KSB Policy Service, you will receive a sample policy waiving local graduation requirements in our May updates. If you are not a KSB Policy Service subscriber, reach out to us if you would like assistance in drafting or revising your local policy.
4. What’s the biggest takeaway?
Minimum graduation requirements in South Dakota are not fluid. IEP teams should be thinking about the consequences of implementing a modification, because it could result in the student not earning a diploma. All teams should be trained on and aware of these issues, especially during the transition process when teams consider post-secondary goals and student needs.
Please reach out to anyone at KSB if you have any questions. You can e-mail us at ksb@ksbschoollaw.com or call the main office number 402-804-8000.