Yes, except for the exception noted in question 11.18 for students who obtain a regular diploma through the alternate diploma pathway, graduation with a regular high school diploma will make your child ineligible for further special education services.^[1]

Graduation with a regular diploma is a “change of placement” for special education students.^[2] A “change of placement” is a legally significant event for a special education student and requires that the district send a prior written notice to students and parents/guardians/other education rights holders (a reasonable amount of time before this change in placement happens).^[3] The prior written notice must include: a description of what the district intends to do, an explanation of the reasons for the action, a description of any alternatives the district considered and why those were rejected, a description of the reports, tests, and procedures on which the action is based, and information on students’ and parents’/guardian’s/other education rights holder’s rights and sources of advocacy assistance.^[4] Without this required notice, the district’s proposal to graduate your child may be inappropriate. [Union School District v. Smith, 15 F.3d 1519 (9th Cir. 1994).] However, no new evaluation of your child is required before awarding them a regular high school diploma.^[5]

If you disagree with the IEP team’s determination that your child will graduate, you may file for due process.

1. Cal. Ed. Code Sec. 56026.1(a); 34 C.F.R. Sec. 300.102(a)(3)(i).[↩]
2. 34 C.F.R. Sec. 300.102(a)(3)(iii); Cal. Ed. Code Secs. 56500.5.[↩]
3. 34 C.F.R. Sec. 300.503(a)(1); Cal. Ed. Code Sec. 56500.4(a).[↩]
4. 34 C.F.R. Secs. 300.102(a)(3)(iii) & 300.503(b); Cal. Ed. Code Sec. 56500.4(b).[↩]
5. 34 C.F.R. Sec. 300.305(e)(2); Cal. Ed. Code Sec. 56381(i)(1).[↩]