1. 1
Spotlight On Practice
Promotion, Retention,
Grading and Graduation of
Students with Disabilities

2. 2
What We’ll Cover . . .
 Promotion and Retention Decisions
 Grades, Report Cards
and Transcripts for Students
with Disabilities
 Graduation of Students
with Disabilities

3. 3
1. Promotion and Retention
Decisions

4. 4
General Requirements
 District’s Pupil Promotion and Retention
(PPR) Policy sets criteria for
promotion/retention
 Must include criteria at specified grade levels
 Between 2nd
and 3rd
grades
 Between 3rd
and 4th
grades
 Between 4th
and 5th
grades
 Between elementary school and middle school
 Between middle school and high school
(Ed. Code,§48070.5)

5. 5
Retention Decisions
 Identification of students who should be
retained or at risk of being retained
 Primarily based on proficiency in reading between
2nd
and 3rd
and 3rd
and 4th
grades
 For remaining grades, based on proficiency in reading,
English-language arts and mathematics
 District policy, not Education Code, determines
if students may be retained multiple times
(Ed. Code,§48070.5)

6. 6
Retention of Students with Disabilities
 Governing board promotion/retention
standards apply to students with disabilities
 IEP teams may develop individualized
standards based on student’s needs

7. 7
IEP Team Guidelines
 If Student fails to meet board-adopted or
individualized promotion standards, IEP team
should reconvene to consider:
 Is current IEP appropriate?
 Is manner of assessments appropriate
(accommodations/modifications)?
 Were services appropriately identified/received?
 Were promotion standards appropriate and
clarified in IEP?

8. 8
IEP Team Guidelines
 If questions answered “yes,” but Student still
failed to meet standards:
 Student should participate in intensive supplemental
instruction
 If Student still does not meet
standards, IEP team should meet
to develop an appropriate plan
to support progress

9. 9
IEP Team Guidelines
 If questions answered “no,” IEP team should:
 Determine why adequate supports were not provided
 Develop alternate plan
 Amend IEP
 Provide intensive supplemental instruction
 Consider not retaining Student because District did not
provide necessary supports/services
(CDE, Frequently Asked Questions Regarding Pupil Promotion and
Retention)

10. 10
OAH Standards
 For OAH to consider a claim involving
retention/promotion of a student with a
disability, it must involve the identification,
evaluation, or educational placement of the
child, or the provision of a FAPE
 Otherwise, no jurisdiction over issues related to
promotion and retention
(34 C.F.R. §300.507; Ed. Code,§56501)

11. 11
OAH Standards
 Case example: Student v. Montecito
Elementary School Dist. (OAH 2011)
 Parent challenged decision to promote Student with autism
to junior high; claimed it would be “detrimental”
 IEP team applied District criteria for promotion
 OAH did not have jurisdiction to review the promotion
decision on the basis of whether or not District criteria for
promotion were met
 Also no FAPE denial; Student succeeded in sixth grade
and no reason not to promote him with his same-age
peers
(Student v. Montecito Elem. School. Dist. (OAH 2011) No. 2010011031)

12. 12
2. Grades, Report Cards
and Transcripts

13. 13
Grading Students with Disabilities
 Grades reflecting classroom accommodations
 Accommodation = Change in course standard, test
preparation, location, timing, scheduling, response, etc.
 Accommodation does not fundamentally alter or lower
standard of expectation for course or test
 Physical or environmental change (e.g., agenda checks,
preferential seating, extra time on tests)
 Student’s grade should not reflect that accommodations
have been made
(CDE, Frequently Asked Questions Regarding Pupil Promotion and
Retention)

14. 14
Grading Students with Disabilities
 Grades reflecting classroom modifications
 Modifications also are changes in course standard, test
preparation, location, timing, scheduling, response, etc.
 But: Modification does fundamentally alter or lower
standard of expectation for course or test
 Instruction and assessment change (e.g., reduction of
classwork, omission of story problems, tests written at
lower level of understanding)
 Student’s grade should reflect Student’s achievement in
the modified curriculum

15. 15
Class Rankings and Honor Roll
 May not disregard or exclude grades earned
by students with disabilities in determining
GPA for honor roll or class rank, even if
grades earned with the support of special
education services
 But may develop weighted grade system based on
objective criteria (e.g., higher points earned for advanced
algebra class than for basic arithmetic) or require
completion of core courses
(Letter to Runkel (OCR 1996) 25 IDELR 387)

16. 16
Miscellaneous Grading Issues
 Pass/fail grading is OK if voluntary and available to
all students
 Must meet student’s needs and be documented in IEP
 Classes for no credit as part of IEP (e.g., for learning
social skills) may be graded on IEP criteria
 Collaborative grading effort between special ed and
gen ed teachers is acceptable
(Letter to Runkel (OCR 1996) 25 IDELR 387)

17. 17
Report Cards: IDEA Requirements
 All IEPs must describe:
 How Student’s progress toward annual goals will be
measured
 When periodic reports on progress toward annual goals
will be provided
 IDEA does not require report cards as the means of
measuring progress toward IEP goals
 Failure to provide period reports may be substantive
or procedural violation of FAPE
(34 C.F.R.§300.320(a)(3))

18. 18
Discrimination in Issuing Report
Cards Districts must provide parents of students with
disabilities with reporting system that is at least as
effective as that provided to parents of nondisabled
students
 Students with severe disabilities: Alternative form of report
card may be more effective in measuring progress, but
must provide parents with equivalent evaluative
information
(Saddleback Valley (CA) Unified School Dist. (OCR 1990) 17 IDELR 251;
Montebello (CA) Unified School Dist. (OCR 1993) 20 IDELR 388)

19. 19
References to Special Ed Status
 Report card may indicate Student is receiving special
ed or related services, provided it informs Parents
about Student’s progress/level of achievement
 Card may refer to IEP or
Section 504 plan in order
to report on progress
(Q&A on Report Cards and Transcripts for Students with Disabilities
(OCR 2008) 51 IDELR 50)

20. 20
References to Special Ed Status
 But mere designation that Student has an
IEP, without meaningful explanation of
progress (such as a grade or other evaluation
standard), violates Section 504
 Why? Because report card is not as informative and
effective as that provided to nondisabled students
(Q&A on Report Cards and Transcripts for Students with Disabilities
(OCR 2008) 51 IDELR 50)

21. 21
Special Symbols, Notations, Asterisks
 Symbol or code may be used to
indicate Student has modified
curriculum in the gen ed classroom
 Coding should not be used exclusively
for students with disabilities
 Use similar coding distinctions
for advance placement or
honors classes

22. 22
Special Symbols, Notations, Asterisks
 Example:
 IEP calls for modified literature
curriculum for high school student
 District may indicate that progress is
measured based on modified curriculum
 Use asterisk or other symbol
 Asterisk or symbol to indicate accommodation
also is permissible
(Q&A on Report Cards and Transcripts for Students with Disabilities
(OCR 2008) 51 IDELR 50)

23. 23
Transcripts
 Rules more stringent than for report cards
 Why?
 Report cards designed to inform
parents of progress
 Transcripts intended to inform
postsecondary institution or prospective employer of
Student’s academic credentials
 Information that Student has disability or received special
education is not information about academic credentials

24. 24
Transcripts
 Notations used to identify Student as having
a disability or to identify education programs
solely for students with disabilities violate
Section 504
 OCR views this a disclosure of disability status,
constituting different treatment on the basis of disability
(Q&A on Report Cards and Transcripts for Students with Disabilities
(OCR 2008) 51 IDELR 50)

25. 25
Transcripts: Course Designations
 If course designation suggests course is only
provided to students with disabilities, it might
violate Section 504; if it has a more general
connotation, it might not
(Letter to Runkel (OCR 1996) 25 IDELR 387)

26. 26
Transcripts: Course Designations
 Examples of suspect transcript labels:
 “L.C.” [learning center]
 “H.B.” [homebound instruction]
 “Resource room”
 “P.E. requirement waived”
 “PF” [peer facilitator used]
(Letter to Runkel (OCR 1996) 25 IDELR 387)

27. 27
Transcripts: Modified Curriculum
 Acceptable for transcript to indicate that
Student took classes with modified or
alternate education curriculum
 Consistent with similar transcript designations for
advanced placement and honors
 Can use symbols, but must not disclose student
has a disability or identify programs for students
with disabilities
(Letter to Runkel (OCR 1996) 25 IDELR 387)

28. 28
Transcripts: Accommodations
 Not acceptable for transcript to indicate that
Student received accommodations in any
classes
 Identifies student as having a disability
 Example: Notation indicating use of Braille
materials is not related to whether Student
succeeded in literature class; sole purpose is
identifying Student as having a visual impairment
(Letter to Runkel (OCR 1996) 25 IDELR 387)

29. 29
Transcripts: Diplomas
 Transcript may indicate Student achieved
certificate of achievement rather than regular
diploma only if:
 Does not disclose Student received special ed
 Does not disclose that Student has disability (if certificates
also available to nondisabled students)
 Is not used to identify programs for students with
disabilities
 Is consistent with transcript purpose of providing
information about academic credentials
(Letter to Runkel (OCR 1996) 25 IDELR 387)

30. 30
Grades, Report Cards and Transcripts
Practice Pointer
 Understand the difference between an
accommodation and a modification and that:
Grade should not reflect accommodations
Grade should reflect achievement in modified
curriculum.
 While report cards may disclose a student's
disability status, the disclosure standards for
academic transcripts are considerably stricter

31. 31
3. Graduation

32. 32
Graduation: IDEA Requirements
 IEP Content
 Specific graduation plan/criteria may be included
at team’s discretion
 Typically, IEP teams discuss graduation date and
receipt of diploma or certificate
 IEP Meeting
 Required to discuss graduation requirements and
completion of goals/objectives
(Letter to Anonymous (OSEP 1994) 22 IDELR 456; Letter to Richards
(OSEP 1990) 17 IDELR 288)

33. 33
Graduation: IDEA Requirements
 Evaluation
 Not required prior to termination of services
(aging-out or graduating with regular high school
diploma)
 Summary of Performance
 Required for students graduating with regular
diploma
 Include recommendations for meeting
postsecondary goals
(34 C.F.R. §300.305(e))

34. 34
Graduation: IDEA Requirements
 Graduation with regular high school diploma
is a change of placement
 Terminates eligibility
 Triggers procedural
safeguards
(34 C.F.R. §300.102(a)(3))

35. 35
Graduation with Regular Diploma
 Regular high school diploma
 Signifies completion of District course of study
and that Student met District proficiency
standards
 Does not include: Alternative degree not aligned
with state academic standards, such as
certificate or GED
(34 C.F.R. §300.102(a)(3); Ed. Code,§56026.1)

36. 36
Graduation with Regular Diploma
 California High School
Exit Examination
 Exemption for Students
with IEP or Section 504 plan
 Exemption extended until June 30, 2015
 Exemption should be noted in IEP
 Students still must take CAHSEE in grade 10
(Ed. Code,§60852.3)

37. 37
Graduation with Regular Diploma
 Termination of Eligibility
 Parents cannot withhold consent to IEP merely to
extend Student’s special ed services beyond point
of completion of prescribed course of study
 Case example: Student v. Newport-Mesa USD
 Parent claimed decision to award diploma was a denial
of FAPE because Student’s academic levels were not
up to 12th-grade proficiency
 ALJ: Allowed graduation; 12th-grade proficiency is not
required by law and Student met all requirements
(Student v. Newport-Mesa Unified School Dist. (OAH 2010) 110 LRP 73203)

38. 38
Graduation with Regular Diploma
 However . . .
 ALJs may rescind diploma if adequate services,
including transition services, have not been
provided
 Case example: Student v. Livermore Valley JUSD
 District ordered to rescind diploma and reinstate services
 Student left school being unable to communicate with
others at level necessary to function in post-school
locations identified in transition plan
(Student v. Livermore Valley Joint Unified School Dist. (SEHO 2000) 33 IDELR 288)

39. 39
Graduation with Regular Diploma
 Post-Graduation Remedies for Denial of
FAPE
 Available even after eligibility terminates by
graduation
 Usually in form of compensatory services to assist
Student in furthering education, obtaining
employment and/or living independently
 Graduation is not per se indication that Student
has received FAPE
(Letter to Riffel (OSEP 2000) 34 IDELR 292)

40. 40
Certificate of Achievement
 If Student does not meet requirements for
diploma, District may award certificate of
educational achievement if Student:
 Completed prescribed approved alternative courses of
study; or
 Satisfactorily met all IEP goals/objectives; or
 Satisfactorily attended high school, participated in
instruction per IEP and met objective of transition services
(Ed. Code, §56390)

41. 41
Certificate of Achievement
 Graduation with certificate does not terminate
FAPE eligibility
 Continuing obligation on District to provide FAPE
under the IDEA
 Completion of any one of the requirements for
certificate makes Student eligible to
participate in graduation ceremony
(Ed. Code, §56391)

42. 42
Graduation Ceremonies
 Students with disabilities
who have met graduation
requirements are eligible
to participate in same
ceremony in same manner
as nondisabled
students
(Letter to Runkel (OCR 1996) 25 IDELR 387)

43. 43
Graduation Ceremonies
 Exceptions:
 Can prohibit participation for disability-related
misconduct if Student poses safety threat
 But decision must be made by IEP team and based on
current information
 Can segregate students with disabilities at
ceremony only if legitimate nondiscriminatory
reason and difference in treatment is minimal
 Example: Group of students with hearing impairments
seated in front row to see sign language interpreter
(Capistrano (CA) Unified School Dist. (OCR 2002) 38 IDELR 136; Modesto (CA)
Unified School Dist. (OCR 2004) 43 IDELR 43)

44. 44
Graduation
Practice Pointer
 Follow all procedural requirements prior to
graduation, including:
 Convening IEP meeting to discuss progress on goals
and ensure graduation criteria will be met
 Providing Summary of Performance
 Ensure that the venue for graduation ceremony
is accessible to students with disabilities

45. 45
Information in this presentation, including but not limited to PowerPoint handouts and the presenters' comments, is summary only and not legal advice.
We advise you to consult with legal counsel to determine how this information may apply to your specific facts and circumstances .

46. 46
Information in this presentation, including but not limited to PowerPoint handouts and the presenters' comments, is summary only and not legal advice.
We advise you to consult with legal counsel to determine how this information may apply to your specific facts and circumstances .