Current through Reg. 50, No. 187; September 24, 2024
(1) General
requirements. Beginning in the 2014-2015 school year, students with
disabilities entering grade nine may attain a standard diploma and earn
standard diploma designations by meeting the requirements in Section
1003.4282(1)-(8)
or 1002.3105(5) or
1003.4282(10)
and 1003.4285 Florida Statutes
(F.S.). Nothing contained in this rule shall be construed to limit or restrict
the right of a student with a disability solely to the options described in
this rule. A certificate of completion will be awarded to students who earn the
required eighteen (18) or twenty-four (24) credits required for graduation, but
who do not achieve the required grade point average or who do not pass required
assessments unless a waiver of the results has been granted in accordance with
Section 1008.22(3)(c)2., F.S., or participation in a statewide assessment has
been exempted in accordance with Section
1008.212 or
1008.22(10),
F.S. Students who entered grade nine before the 2014-2015 school year and whose
individual educational plan (IEP), as of June 20, 2014, contained a statement
of intent to receive a special diploma may continue to work toward a special
diploma.
(2) Definitions. For the
purposes of this rule, the following definitions apply:
(a) Access courses. Access courses are
approved by the State Board of Education and are described in the Course Code
Directory and Instructional Personnel Assignments, in accordance with Rule
6A-1.09441, Florida
Administrative Code (F.A.C.). Access courses are based on the access points -
alternate academic achievement standards.
(b) Access points are modifications as
defined in Rule 6A-6.03411, F.A.C., and the
alternate academic achievement standards for Florida. Access points are built
to target the salient content of Florida's Standards. Access points are
intended for students with the most significant cognitive disabilities, as
defined in Rule 6A-1.0943, F.A.C., and are
designed to contribute to a fully aligned system of content, instruction and
assessment, allowing fluid movement as students grow in the
competency.
(c) Statewide,
standardized alternate assessment. In accordance with Section
1008.22(3)(d),
F.S., an alternate assessment is a statewide, standardized assessment designed
for students with the most significant cognitive disabilities that meet the
inclusionary and exclusionary criteria in Rule
6A-1.0943, F.A.C.
(d) Employment transition plan. A plan that
meets the requirements found in Section 1003.4282(9)(b)2.d., F.S. This plan is
separate and apart from the IEP.
(e) Eligible career and technical education
(CTE) course. Eligible CTE courses include any exceptional student education
(ESE) or general education CTE course that contains content related to the
course for which it is substituting. Modifications to the expectations or
outcomes of the curriculum, are allowable and may be necessary for a student
who takes access courses and participates in the alternate assessment.
Modifications may include modified course requirements. Modifications to
curriculum outcomes should be considered only after all appropriate
accommodations are in place. Modifications must be developed for students in
conjunction with their IEP and must be documented on the IEP. Course outcomes
may be modified through the IEP process for secondary students with
disabilities who are enrolled in a post-secondary program if the student is
earning secondary (high school) credit for the program.
(f) "General Education Curriculum Standards"
means the standards incorporated in Rule
6A-1.09401, F.A.C.
(g) "Modifications" shall have the same
meaning as defined in paragraph
6A-6.03411(1)(z),
F.A.C.
(3) Requirements
for a standard diploma for students with disabilities for whom the IEP team has
determined that participation in the statewide, standardized alternate
assessment is the most appropriate measure of the student's skills, in
accordance with subsection
6A-1.0943(5),
F.A.C., and instruction in the access points is the most appropriate means of
providing the student access to the general education curriculum. Students must
meet the graduation requirements specified in Section
1003.4282(1)-(8)
or 1002.3105(5),
F.S., through the access course specified for each required core course or
through core academic courses aligned with the general education curriculum
standards.
(a) Eligible CTE courses, as
defined in paragraph (2)(e) of this rule, may substitute for Access English IV;
one (1) mathematics credit, with the exception of Access Algebra 1A and Access
Algebra 1B and Access Geometry; one (1) science credit, with the exception of
Access Biology; and one (1) social studies credit with the exception of Access
United States History. Eligible courses are described in the Course Code
Directory and Instructional Personnel Assignments, in accordance with Rule
6A-1.09441, F.A.C.
(b) Participation in the statewide,
standardized alternate assessment in Access English Language Arts (ELA) I,
Access ELA II, Access Algebra I, Access Geometry, Access Biology I and Access
United States History.
(c) A score
of three (3) on the statewide, standardized alternate assessment in Access ELA
I, Access ELA II, Access Algebra I, Access Geometry, Access Biology I and
Access United States History must be attained, unless assessment results are
waived in accordance with Section
1008.22(3)(d),
F.S. For a waiver of the results of the statewide, standardized assessment
requirements by the IEP team, pursuant to Section
1008.22(3)(d),
F.S., consent must be provided by the parents and is subject to verification
for appropriateness by an independent reviewer selected by the parents as
provided for in Section
1003.572, F.S.
(d) For those students whose performance on
standardized assessments are waived by the IEP team as approved by the parent,
the development of a graduation portfolio of quantifiable evidence of
achievement is required. The portfolio must include a listing of courses the
student has taken, grades received, student work samples and other materials
that demonstrate growth, improvement, and mastery of required course standards.
Multi-media portfolios that contain electronic evidence of progress, including
videos and audio recordings, are permissible. Community based instruction,
modifications, work experience, internships, community service, and
postsecondary credit, if any, must be documented in the
portfolio.
(4)
Requirements for a standard diploma for students with disabilities for whom the
IEP team has determined that mastery of both academic and employment
competencies is the most appropriate way for the student to demonstrate his or
her skills. A student must meet all of the graduation requirements specified in
Section 1003.4282(1)-(8)
or 1002.3105(5),
F.S. Eligible courses are described in the Course Code Directory and
Instructional Personnel Assignments, in accordance with Rule
6A-1.09441, F.A.C.
(a) Eligible CTE courses, as defined in
paragraph (2)(d) of this rule, may substitute for English IV; one (1)
mathematics credit, with the exception of Algebra and Geometry; one (1) science
credit, with the exception of Biology; and one (1) social studies credit with
the exception of United States History. Eligible courses are described in the
Course Code Directory and Instructional Personnel Assignments, in accordance
with Rule 6A-1.09441, F.A.C.
(b) Students must earn a minimum of one-half
(.5) credit in a course that includes employment. Such employment must be at a
minimum wage or above in compliance with the requirements of the Federal Fair
Labor Standards Act, for the number of hours a week specified in the student's
completed and signed employment transition plan, as specified in Section
1003.4282(9)(b)2.d., F.S., for the equivalent of at least one (1) semester.
Additional credits in employment-based courses are permitted as
electives.
(c) Documented
achievement of all components defined in Section 1003.4282(9)(b)2.d., F.S., on
the student's employment transition plan.
(5) A waiver of the results of the statewide,
standardized assessment requirements by the IEP team, pursuant to Section
1008.22(3)(d),
F.S., must be approved by the parents and is subject to verification for
appropriateness by an independent reviewer selected by the parents as provided
for in Section 1003.572, F.S.
(6) Deferral of receipt of a standard
diploma. A student with a disability who meets the standard high school diploma
requirements may defer the receipt of the diploma and continue to receive
services if the student meets the requirements found at Section
1003.4282(9)(c),
F.S.
(a) The decision to accept or defer the
standard high school diploma must be made prior to the beginning of the school
year in which the student is expected to meet all requirements for a standard
high school diploma. A signed statement by the parent, guardian or student, if
the student has reached the age of majority and rights have transferred to the
student in accordance with subsection
6A-6.03311(8),
F.A.C., that he or she understands the process for deferment and identifies if
the student will defer the receipt of his or her standard high school diploma,
must be included in the IEP.
1. The IEP team
must review the benefits of deferring the standard high school diploma,
including continuation of educational and related services, and describe to the
parent and the student all services and program options available to students
who defer. This discussion must be included in the IEP.
2. School districts must inform the parent
and the student the year in which the student is expected to meet graduation
requirements, that failure to defer receipt of a standard high school diploma
after all requirements are met releases the school district from the obligation
to provide a free appropriate public education (FAPE). This communication must
state that the deadline for acceptance or deferral of the diploma is May 15 of
the year in which the student is expected to meet graduation requirements, and
that failure to attend a graduation ceremony does not constitute a
deferral.
3. The school district
must ensure that the names of students deferring their diploma be submitted to
appropriate district staff for entry in the district's management information
system. Improper coding in the district database will not constitute failure to
defer.
(b) In accordance
with subsection 6A-6.03028(1),
F.A.C., a student with a disability who receives a certificate of completion
may continue to receive FAPE until their 22nd birthday, or, at the discretion
of the school district, until the end of the school semester or year in which
the student turns twenty-two (22).
Rulemaking Authority
1001.02(1),
1003.4282,
1008.22 FS. Law Implemented
1003.4282,
1003.5716,
1008.22
FS.
New 12-23-14, Amended 7-14-21,
3-15-22.
