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. Students with the most significant cognitive disabilities can now obtain a diploma in California under Section 51225.31 of the education code. This means is that qualifying students who who take the California Alternate Assessment (CAA) 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.
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.
Note: we have updated this article with recent changes, including news alerts from Atkinson, Andelson, Loya, Ruud & Romo — a law firm that represents many school districts — that “anticipates there will be additional information stemming from California court decisions, the Office of Administrative Hearings, and the California Department of Education as LEAs wade through this process.”
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.
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. (You can read more about these requirements below.)
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.
For some students, not earning a traditional diploma “is not necessarily life-shattering or life-altering,” says Dr. Pelangka. “There are now universities that offer four-year program options for students who have significant cognitive disabilities and received a certificate of completion — such as UC Davis’s Redwood SEED Scholars program. Not receiving a diploma does not equate to not having access to post-secondary opportunities.” It may prevent students from enrolling in a degree program, but there are other post-secondary options. (You can read more about these considerations in our article about high school graduation options for students with disabilities).
Richard Rosenberg, PhD, parallels Dr. Pelangka’s sentiment, telling us that the effect of earning a diploma “is dynamic, in that with the online applications for employment, if a young adult with an IEP does not have a diploma, they will not be screened for a job because it will be stopped the minute they say they just have a certificate.” He continues to say that earning a certificate of completion or attendance isn’t the worst thing in the world, and that “there are other ways to navigate employment, college, postsecondary. It makes it more difficult but there are other ways to get a job, continue your education, and have a life.” Many individuals with IDD need help applying for a job and may do so through a job coach or supported employment agency partnering with a competitive integrated employer.
But the reality is that having a high school diploma 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. Having a diploma gives me something to be proud of that I worked hard through my IEP and my team to demonstrate I 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 don’t have a pathway to a diploma and who take the California Alternate Assessment (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.
California’s alternative achievement standards
California’s alternate achievement standards were developed specifically for students with significant cognitive disabilities who take the California Alternate Assessment to provide access to the same California state standards as their peers without disabilities, but in a modified format 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.
Significant cognitive disability
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.”
Coursework: requirements & exemptions
Under the new pathway to a diploma, eligible students will also be exempt from all coursework and requirements that are additional to the statewide coursework requirements, including local requirements for graduation, including A-G requirements. Rosenberg explains that “If a district has higher standards, like A-G to go to a UC, a student with an IEP can state that they are on the basic pathway to a diploma and not have to have A-G. It is a local decision, but we believe the IEP process should be able to modify that so an individual with an IEP doesn't have to excel at A-G; they have to meet the minimum requirements for a high school diploma in the state of California.”
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. Rosenberg tells us that under this pathway, “We still have the IEP process. We have local control. We have transcripts. We have standards. And that is a way to earn a diploma.” It’s important to emphasize that this new diploma is considered the equivalent of a traditional high school diploma. Because of that, under ESSA, students earning this diploma will be counted in the Adjusted Cohort Graduation Rate (ACGR), which is not allowed for other equivalents of diplomas (such as the general equivalency diploma, certificate of completion, certificate of attendance, and other similar “lesser credentials”).
To ensure compliance with this new law, before your child begins 10th grade, the IEP team must determine and inform you whether your child may be eligible to receive a high school diploma under this exemption.
To be eligible, the IEP must show that:
FAPE and LEA obligations:
And what about students who are homeschooled? Rosenberg tells us that students being homeschooled can still earn a diploma through an alternate pathway if the homeschool has standards showing achievement aligned with the California Alternate Achievement standards.
How can parents navigate this pathway?
While parents can assess and determine whether their child is eligible for a Section 51225.31 diploma before the start of 10th grade, 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. Local district administrators we spoke to told Undivided they don’t have enough information about the new pathway just yet, and that they are anxiously awaiting for the LA County Office of Education, the California Department of Education, and SELPAs to provide districts with further details and guidance.
Given this level of uncertainty, parents should still advocate for keeping all possible pathways open.
Rosenberg tells us that “[t]he IEP team still has some power and authority at a local level to assist with energy towards a diploma. The challenge right now is we do not have a cookbook, procedural manual, or template that has been blessed and supported by the State Department of Education, SELPAS, or the districts.” Rosenberg reminds us that even though this new Ed Code is very recent, parents can start advocating for their children now:
Dr. Pelangka also emphasizes the importance of starting discussions with your child’s IEP team now. “It is VERY important for parents to know that students in grades 7–12 already have the right to ‘alternative means and modes to complete the prescribed course of study of the district and to meet or exceed proficiency standards for graduation,’” she says. And now, with this new CA education code, in effect as of June 2022, it’s important that your child is taking grade-level classes so that they are ready, and set up for success, once guidance from the CDE is issued to schools.
There are some important conversations that parents need to have with their districts and IEP teams as soon as possible:
Check if your state already offers an alternate pathway to a diploma for students with cognitive disabilities under ESSA (as of 2016, California and 24 other states had alternate diploma or certificate options specifically for students with disabilities).
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! Some parents don’t want their children to be in an alternate diploma pathway, especially if the pathway isn’t aligned to graduation standards and limits their child’s future. Some parents want their child to earn a regular diploma, even if it takes them a bit longer than other students. Every state is different with the programs they offer. Whatever path is right for you, remember that under IDEA, special education students are allowed to stay in public schools (and earn a diploma) up to the age of 21 (22 in California).
