N.Y. Comp. Codes R. & Regs. tit. 8 § 100.9

Current through Register Vol. 46, No. 51, December 18, 2024

Section 100.9 - High school individualized education program diplomas

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.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 100.9