Thanks to the Individuals with Disabilities Education Act (IDEA), children with disabilities have the same rights and opportunities as those of their peers without disabilities. But between the idea and the reality, there is quite a bit of shadow. This is especially true when it comes to the ability of all students, disabled and not, to earn a high school diploma.
The Every Student Succeeds Act (ESSA) ― a federal education law passed in 2015 ― allows states to create state-defined alternative diplomas that align with regular requirements. Many states already offer this option for students with significant cognitive disabilities. And recently, California decided to offer its own.
To learn more about this new alternative pathway to a diploma, we sat down with Richard L. Rosenberg, PhD, a board member of the California Transition Alliance, as well as special education advocate (and owner of Know IEPs) Dr. Sarah Pelangka, BCBA-D. As the guidance for the pathway has unfolded, we have updated this article with advice from Kristin Wright and Stephanie Coleman from California Includes at Sacramento County Office of Education.
Update August 2024
Earlier versions of this article indicated that to be eligible for the alternative pathway to a diploma, a student must have first enrolled in high school in the 2022-2023 school year or later, leaving out current and last year’s seniors. A few paragraphs of Ed Code introduced in Senate in the summer of 2024 allows eligible students who were enrolled in high school in the 2022-2024 school year seniors to also qualify for the alternate pathway. Many fully included students may have already done most of the work and will be thrilled that they will now be able to get a diploma to recognize their hard work.
Ed Code 51225.3 was amended and as of June 29, 2024 with the addition of 51225.32, which states the following: “A local educational agency may exempt an individual with exceptional needs who was enrolled in grade 10 or higher in the 2022-2023 school year, and who, while eligible pursuant to Section 56026, satisfies all the eligibility criteria described in subd (b) from all courses and requirements adopted by the governing board…that are additional to the statewide course requirements specified in Section 51225.3 and MAY AWARD THE PUPIL A DIPLOMA OF GRADUATION FROM HIGH SCHOOL, as described in Section 7801(23)(A)(ii)(l)(bb) of Title 20 of the United States Code.”
The most recent California Budget Act of 2022 designated IDEA funds for CDE to develop alternative coursework and tasks for these students to demonstrate completion of the state graduation requirements through alternate means. This is due to the state legislature by June 30, 2024.
Historically, most students in California who have significant cognitive disabilities have earned a high school certificate of completion. Earning a high school diploma requires meeting state graduation requirements and, in many districts, additional A–G coursework required to attend a public university in California.
Earning a high school diploma does offer many benefits: it creates more options and opportunities, and is a tool for inclusion as students transition into adulthood. A pathway to earning a diploma gives students greater access to higher education, higher-income jobs, greater independence, and a higher quality of life. As Rosenberg tells us, “Full inclusion is the most logical transition from school to adult life. Having the diploma is a rite of passage.” He explains that having a diploma can give students something to be proud of; that they worked hard through their IEP to demonstrate that they have competency.
On June 30, 2022, Assembly Bill (AB) 181 signed into law a number of changes to California special education laws, including the addition of Section 51225.31, an alternate pathway to a high school diploma for students with significant cognitive disabilities.
What this means is that qualifying students who are eligible to take the California Alternate Assessments (CAA) — which are aligned with alternate achievement standards — can now obtain a diploma from high school if they meet the state’s minimum coursework requirements by taking classes that align with the California state standards.
Students earning a diploma, including students on the alternative pathway, must pass:
This means that only 13 classes (14 next year) are required during a student’s high school years. The intent of the statute is for students to attempt to complete this alongside their same-age peers, but students with IEPs continue to have until they age out at 22 to complete the required coursework. This makes it possible for students to also take many career, technical, and vocational classes, as well as performance and visual arts. Students also have room in their schedule to take classes that are not eligible for diploma credits.
California’s alternate achievement standards were developed specifically for students with significant cognitive disabilities who are eligible to take the California Alternate Assessments to provide access to the same California state standards as their peers without disabilities, but with aligned but modified achievement expectations using Core Content Connectors (CCCs) with supports provided through each student’s IEP. Note that this is a very small group of students — the federal Every Student Succeeds Act (ESSA) limits the number of students who take alternate assessments to no more than 1% of all students. The U.S. Department of Education estimates this to be approximately 10% of all students with disabilities.
The California Department of Education offers advice for teachers working with students qualifying for the CAA, including the BluePrints for Reading, Writing and Math indicating the connectors that can be used for core content:
But what exactly is a significant cognitive disability? Under ESSA, states are guided to develop their own definition, but generally this refers to students who are within one or more of the existing categories of disability under the IDEA and whose cognitive impairments may prevent them from attaining grade-level achievement standards. For California, the CDE defines significant cognitive disability as “a disability or multiple disabilities that significantly impact intellectual functioning and adaptive behavior essential for a person to live independently and to function safely in daily life.” This isn’t determined by an IQ score but a holistic understanding of the student. It also rules out students with a specific learning disability, as “the determination of a specific learning disability rules out cognitive impairment.” The California Department of Education has provided a useful worksheet for IEP teams to use in making this decision.
Under the new pathway to a diploma, eligible students will also be exempt from all coursework and requirements that are additional to the state diploma requirements, including local requirements for graduation, including A-G requirements.
Many school districts and charter schools have increased their coursework requirements for their diploma to incentivize more students to complete the A-G requirements to apply to California State University and University of California. However the alternative pathway aligns with the state requirements which identify fewer course requirements than outlined by the university system.
In sum, a diploma earned under the new pathway must be:
This diploma option will give students with significant cognitive disabilities the opportunity to earn a diploma that shows they have completed a rigorous, standards-based program of study, and potentially provides them access to post-secondary education and employment opportunities that previously may have been denied to them.
Stephanie Coleman shares, “Every student deserves and has a right to learn grade-level standards and be challenged to realize their greatest potential. The opportunity for students who have historically not had access to a diploma to now have a way to earn one aligns our actions with the idea of presumed competence, equity, and our belief that all students can learn at high levels. Working toward a diploma does not mean we don’t also continue to work on foundational skills using age appropriate themes, topics and materials.”
It’s important to emphasize that this new diploma pathway is a regular high school diploma. According to the California Department of Education, “Students exiting with this School Completion Status Code within four or five years of their initial ninth grade cohort entry year will be counted as graduates in the Four-Year and Five -Year Adjusted Cohort Graduation Rate.” Also, graduates can receive the same diploma that all students receive and participate in all graduation activities and ceremonies. The diploma should not indicate that it was achieved using the “alternative diploma pathway.” Graduation via the “alternative pathway to a diploma” does not end a school district’s obligation to provide a FAPE to an eligible special education student.
To ensure compliance with this new law, before your child begins 10th grade, the IEP team (which includes the parent) must determine whether the student is eligible to receive a high school diploma under this exemption.
To be eligible, the IEP must show that:
FAPE and LEA obligations:
Rosenberg tells us that navigating the pathway to a diploma doesn’t typically start right at 10th grade, but at birth, and continues every year after birth. In this clip, he explains why goals are important and how a transcript can be a great tool in earning a diploma:
Will this diploma affect employment?
A diploma is a diploma, Rosenberg effectively tells us. In this clip, he explains that employers won’t know whether a diploma is earned through an alternate pathway and what that means:
This new pathway is an exciting opportunity for many of our kids — while there are some challenges to be aware of during this transition period, there are also some great ways you can advocate as a parent.
Because the new California Ed Code was passed in 2022, to be implemented immediately, it didn’t come with much guidance at the local level. New guidance was issued by the Director of Special Education at the California Department of Education, Dr. Rachel Heenan in April 2024, providing a central reference that can be shared with local administrators if they are unsure of how the new diploma works.
There are some important conversations that parents need to have with their districts and IEP teams as soon as possible:
Outside of California
If you’re in California:
Whether your child is in a special day classroom, included in their general education class for the majority of their day, or homeschooled, they need to be working on standards-based goals and curriculum to earn a diploma. If your child works on functional life skills for most of their school day, this could definitely be a barrier to earning a diploma. We encourage families to discuss this with your child’s IEP team and clearly communicate the vision that you and your child have for their future.
Explore all your options! Every state is different with the pathways they offer. Whatever path is right for you, remember that under IDEA, students with disabilities are allowed to stay in public schools (and earn a diploma) through age 21 (through 22 in California).
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