Because graduation with a regular diploma is a change of placement that will end your child’s special education eligibility, a school district must send you a prior written notice of their intention to graduate your child.  If you disagree with the district’s decision and believe the school district is graduating your child prematurely, the prior written notice should give you enough time to challenge that decision through a due process hearing procedure.  Proposed changes of placement are one of the issues which parents and students can file due process hearing procedures to address.  [Cal. Ed. Code Sec. 56501(a)(1).] See Q & A 12 above.

If you file for due process to challenge graduation, the “stay-put” provision applies and the district is required to maintain your child’s placement and implement the IEP during due process proceedings. [20 United States Code (U.S.C.) Sec. 1415(j); 34 C.F.R. Sec. 300.518; Cal. Ed. Code Sec. 56505(d).] See Chapter 6, Information on Due Process/Compliance Procedures.