My wife and daughter were featured in a story that appeared on KELOland last night about some changes that were made in recent years to the federal standards on how High School Diplomas are awarded, which can negatively affect the ability to achieve an actual diploma by some students receiving special education:
My wife was interviewed on some of the technical aspects of the change, because Special Ed is her area of expertise, as well as the fact we have a daughter with Autism who is in her first year of high school, who could be affected by the changes in federal guidelines.
This will end up as a HUGE headache for schools as well as the DOE. This could very well violate IDEA and Section 504 of the Federal Rehabilitation Act. I imagine someone will state that issuing a “certificate of completion” in lieu of a diploma would constitute a denial of FAPE.
(Matt, I zapped the duplicate reply)
I suspect it’s a matter of the state catching up with the federal. I asked my wife on the FAPE question.. and she’s not entirely sure. It depends on if they’re denying continuing services that some students receive after grad..
And that’s an oversimplification, it’s a super wonky and technical subject.
I took a class in administration of special services for my M.Ed and I’m STILL confused!
I can see why Special Education is in high demand… with all the regulations and record-keeping, the burnout factor has to be through the roof!
Kudos to your wife for sticking with it.
First comment: Braden Kouri is one of the least “special” (humble and unassuming) and most special young kids you could ever know and meet. Personality plus combined with eyes which can see into your soul and then smile as if he saw all the good in you and none of the bad.
Second comment: It is a complex issue for which I’m glad I don’t have to navigate. On one hand, in a world of participation trophies, what are true objective legitimate accomplishments and measures of skills? On the other hand, effort and optimization of one’s different abilities is a subjective accomplishment which also deserves recognition.
Third comment: I think some students deserve a different measure and that measure should be noted for their benefit. If a student graduates adept in some things, having that special skill documented in an objective way will help that person get opportunities where they can excel. So, with all due respect to Brian, my gut reaction: We can see Braden is different but it is not equally evident what he is good at and his graduation documents should tell us. He deserves it because he is going to be a very special man some day and I don’t want what can be seen to overwhelm what we can’t.
But, no matter what, federal law or not, our policies should find the best consensus on is the most good for all graduates with Just consideration for those most special among us. And, we should always be willing to tweak the policy as we see the consequences (intended and unintended).
This really was self-inflicted at the state level. The last update to federal law on this matter would have been 2015, which took effect in 2017. There’s no excuse for the state to not figure this out by now. Indiana was in the same boat and got this sorted back in Feb. of 2018. No reason the SD DoE and legislature couldn’t have gotten out ahead of this.
This isn’t even a new story in SD, as the Argus raised alarm bells on this over years ago (https://www.argusleader.com/story/news/education/2018/10/03/sioux-falls-school-district-special-education-ed-graduation-requirements/1453845002/). There is no denial of FAPE, as federal law does not require students receive a diploma. Keep in mind states are actually in the driver seat when it comes to deciding what does and doesn’t count for graduation requirements for a diploma.
FAPE is only waived if a student receives a diploma or reaches age 22. As state guidelines are clear that a certificate of completion is not a signed regular diploma, it would appear that earning a certificate of completion shouldn’t waive FAPE (so a student could theoretically continue to pursue work towards a diploma). SD state guidelines aren’t particularly clear on that front with regards to a certificate of completion.