sed seal                                                                         

 

 

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

 

TO:

VESID Committee

 

FROM:

Rebecca H. Cort 

 

SUBJECT:

Individualized Education Program (IEP) Diplomas for Students with Disabilities

 

DATE:

July 9, 2008

 

STRATEGIC GOAL:

Goals 1 & 2

 

AUTHORIZATION(S):

 

 

Summary

 

Issue for Discussion

 

              Should the Board of Regents consider revisions to State policy regarding the high school individualized education program (IEP) diploma? 

 

Reason for Consideration

 

Policy discussion. 

     

Proposed Handling

             

This information will be shared and discussed with the Committee at its July 2008 meeting.  It was on the schedule for discussion at the June meeting but time did not permit discussion of it.

 

Procedural History

 

              In 1984, the Regulations of the Commissioner of Education were amended to authorize school districts to award a high school IEP diploma to a student with a disability as another option to awarding a local certificate based upon attendance.  In 1999, the Regulations of the Commissioner of Education were further amended to add standards-based criteria for the award of an IEP diploma and to establish that the local certificate would cease to be available after February 2005.

 

              Criteria for award of a high school IEP diploma, as established in section 100.9(a-f) of the Regulations of the Commissioner of Education, are as follows:

 

 

 

 

 

 

              Section 200.5(a)(5)(iii) of the Regulations of the Commissioner of Education,  requires that prior to the student’s graduation with an IEP diploma, written notice be provided to the parent which indicates that the student continues to be eligible for a free appropriate public education (FAPE) until the end of the school year in which a student turns age 21 or until the receipt of a regular high school diploma (Regents or local diploma).

 

 

 

 

Background Information

 

              The IEP diploma is intended for students with the most significant disabilities as recognition of their successful achievement of their individual educational goals based on the appropriate level of the learning standards as specified in the student's current IEP.  While earning an IEP diploma may be an important milestone for a student, it is a diploma that is often not accepted by employers, the military, institutions of higher education, business/trade schools or apprenticeship programs. 

 

Approximately one percent of New York State (NYS) students (which represents approximately eight percent of students with disabilities) have significant cognitive disabilities and take the New York State Alternate Assessment.  These are the students that would be expected to earn IEP diplomas.  However, data show a greater than expected percent of students with disabilities exiting school with IEP diplomas. 

 

  

 

Data also indicates significant variations in the percentage of students with disabilities exiting school with IEP diplomas based on need/resource capacity. Students with disabilities in the Big Five City Schools (Buffalo, New York City, Rochester, Syracuse and Yonkers) and those in high need areas are more likely to receive an IEP diploma, more likely to drop out of school and less likely to graduate with a regular high school diploma than those in other areas of the State.  For students with disabilities in the 2002 total cohort graduating after four years, the data is as follows:

 

 

              Parent and student advocacy organizations and members of the Commissioner’s Advisory Panel for Special Education Services have raised the following policy implementation concerns regarding the IEP diploma, including the following:
 

 

A decision by the Committee on Special Education (CSE) that the student is expected to achieve an IEP diploma often results in lower expectations for that student.

 

Too often, the decision about the type of diploma the student is expected to achieve is made earlier than necessary in the student’s educational career.  Once this decision is made, such students may not be enrolled in courses that would lead to high school credits necessary for graduation with a regular high school diploma.  

 

 

Without a high school diploma, a student’s access to postsecondary training, education and employment options is limited.

 

The IEP diploma identifies the individual as a student with a disability, raising concerns about the identification of an individual with a disability in the student’s transcript. 
             

Over the past several years, the Department has issued written guidance regarding the IEP diploma that states:

 

A decision as to the type of diploma a student is expected to earn should not be made early in a student’s school career.

 

All students with disabilities must be afforded the opportunity to earn a high school diploma, if appropriate.

 

Each student’s IEP, reviewed and revised annually, is the means to ensure that students with disabilities have access to and participate and progress in the required courses, electives and assessments.

 

 

 

Policy Questions

 

              The following discussion questions are posed to the Regents for policy consideration. 

 

 

 

 

Recommended Next Steps:

 

To address the immediate concerns raised by stakeholder groups, VESID will:

 

 

 

 

 

Timetable for Implementation

 

              This issue of the graduation criteria and the “Safety Net” for students with disabilities is scheduled for discussion by the EMSC and VESID Committees of the Board of Regents in the fall of 2008.