May 11, 2021 - Graduation Requirements- Ask an Attorney

 ASK AN ATTORNEY:  Can a student with a disability who cannot meet graduation requirements still receive a diploma if they meet the academic requirements listed on the IEP? What are the pros and cons of a diploma versus a certificate of completion?

Franczek P.C.: Dana Fattore Crumley  & Kendra Yoch

May starts the season for graduation and the short answer to this question is yes, a student with a disability is eligible to receive a diploma, even when unable to meet all graduation requirements if the alternate course requirements listed on the IEP are met. The Illinois School Code and ISBE regulations provide that the State-mandated graduation requirements are not applicable to students with disabilities if the IEP team has determined a different course of study. Additionally, the Office for Civil Rights has explained that neither Title II of the Americans with Disabilities Act nor Section 504 of the Rehabilitation Act prohibits districts from modifying graduation requirements consistent with a student’s IEP. So yes, when the IEP team determines a modification is needed to provide FAPE, a student with a disability who cannot meet district or State graduation requirements can still receive a diploma.

But while individualization of graduation requirements may be essential for students whose disabilities prevent them from completing required coursework, extensive or regular modifications to allow students with disabilities to graduate may constitute discrimination if students with disabilities are deprived of the same opportunities to learn as non-disabled peers. Accordingly, teams should be cautious not to modify requirements based on assumptions or stereotypes and instead provide students the opportunity to take challenging courses with appropriate supports and make individualized determinations about whether modified requirements are part of FAPE for the student.  

In regard to the second part of the question, the determination of whether a student will earn a diploma or certificate of completion is an IEP team decision driven by the student’s needs related to transition goals and services. Teams may also consider whether the student takes alternate assessments. Under the Every Student Succeeds Act, states can use alternate assessments based on alternate academic achievement standards for students with the most significant cognitive disabilities. But students who participate in alternate assessments are not precluded from obtaining a regular diploma; the IEP team determines both whether a student will take an alternate assessment and whether a student will graduate with a diploma or a certificate.

From a practical perspective, IEP teams should understand the key difference between a diploma and a certificate of completion:  when a student receives their diploma, the district’s obligation to provide FAPE to the student ends, whereas when a student earns a certificate, the district’s obligation to provide services extends until the student either earns a diploma or turns 22. Because graduation with a diploma ends the obligation to provide FAPE, it is also a change of placement and requires prior written notice. IEP teams should include discussions about the student’s course of study and anticipated graduation date and outcome in transition planning starting early in high school and use transition assessments and goals to guide these determinations. So while it is logical to think about graduation in May, the IEP team’s plans toward this milestone need to start long before the student steps up to walk across the stage.

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