New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 100 - Elementary and Secondary Education School Program › Section 100.9 - High school individualized education program diplomas

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding the provisions of section
					 3.45  of this Title, the
					 board of education or trustees of a school district shall, and the principal of
					 a nonpublic school may, issue a high school individualized education program
					 diploma to a pupil with a disability, as defined in section
					 200.1(mm) 
					 of this Title, in accordance with the following provisions:
(a) Prior to awarding any high school
				  individualized education program diploma, the governing body of the school
				  district or nonpublic school shall adopt written policies and procedures
				  ensuring that students with disabilities are provided appropriate opportunities
				  to earn a high school diploma in accordance with the provisions of section
				  100.5  of
				  this Part.
(b) A board of education
				  or trustees of a school district shall, and the principal of a nonpublic school
				  may, award a high school individualized education program diploma to a student
				  with a disability at the end of the school year in which the student attains
				  the age of 21 upon a finding that such student has achieved the educational
				  goals based on the appropriate level of the learning standards, established by
				  the commissioner, as specified in the student's current individualized
				  education program.
(c) A board of
				  education or trustees of a school district or the principal of a nonpublic
				  school may, upon application of a student with a disability, or such student's
				  parent, as defined in section
				  200.1(cc) 
				  of this Title, award a high school individualized education program diploma at
				  any time after such student has attended school or has received a substantially
				  equivalent education elsewhere for at least 12 years, excluding kindergarten,
				  upon a finding that such student has achieved the educational goals based on
				  the appropriate level of the learning standards, established by the
				  commissioner, as specified in the student's current individualized education
				  program.
(d) Each high school
				  individualized education program diploma shall be identical in form to the
				  diploma issued by the school district or nonpublic school, except that there
				  shall appear on the front of such high school individualized education program
				  diploma a clear annotation to indicate that the diploma is awarded on the basis
				  of the student's successful achievement of the educational goals based on the
				  appropriate level of the learning standards, established by the commissioner,
				  as specified in the student's current individualized education program as
				  recommended by the committee on special education.
(e) If the student receiving a high school
				  individualized education program diploma is less than 21 years of age, such
				  diploma shall be accompanied by a written statement of assurance that the
				  student named as its recipient shall continue to be eligible to attend the
				  public schools of the school district in which the student resides without the
				  payment of tuition until the student has earned a high school diploma or until
				  the end of the school year of such student's 21st birthday, whichever is
				  earlier.
(f) Each superintendent of
				  a school district or principal of a nonpublic school shall submit to the
				  department, within 15 days after the June graduation, a report concerning
				  students awarded individualized education program diplomas in that school year.
				  Such report shall be in a form prescribed by the commissioner and shall contain
				  such information as the commissioner may require. A copy of the school
				  district's or nonpublic school's policies and procedures adopted pursuant to
				  subdivision (a) of this section shall be on file in the district office and
				  available for review by the commissioner.
(g) The provisions of this subdivision shall
				  be deemed repealed on June 30, 2013 and no IEP diploma shall be awarded
				  pursuant to this section on or after July 1, 2013.