The Board of Education and district staff shall comply with all federal and state requirements concerning the education of children with disabilities. All students, including those with disabilities, shall be given the greatest opportunity possible to earn a Regents or local diploma.
The Committee on Special Education (CSE) shall review the progress of all students with disabilities who will attain the age of 21 years prior to the end of the current school year and those students with disabilities who have received 12 years of education for whom an application for a high school individualized education program (IEP) diploma has been made. The CSE shall notify the Superintendent of Schools of those students eligible to receive an IEP diploma.
Pursuant to Section 100.9(b) of the Regulations of the Commissioner of Education, a student with a disability who has attained the age of 21 and has achieved the educational goals contained in his/her current IEP shall be awarded an IEP diploma. Upon application of a student with a disability, or the student's parent(s), an IEP diploma shall be issued if the student has attended school, or received a substantially equivalent education elsewhere, for twelve years exclusive of kindergarten, if the student has achieved the educational goals specified in the student's current IEP.
The Superintendent shall file with the Commissioner of Education, within 15 days after graduation, a report concerning students awarded IEP diplomas in that school year and any other information required by the Commissioner.
Each IEP diploma shall indicate on its face that it is awarded on the basis of the student's successful achievement of the educational goals specified in the student's current IEP as recommended by the CSE.
A local certificate (or certificate of attendance) may be issued to a student with a disability who has attended at least 13 years of school beyond kindergarten and who has completed the goals of his/her IEP program “in effect during the school year in which the certificate is awarded,” but who has not completed all of the requirements for an IEP diploma.
If a student receiving a high school IEP diploma or local certificate is less than 21 years of age, such diploma or local certificate 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 district 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.
8 NYCRR §§100.6; 100.9