On January 3, 2024, the Department of Public Instruction (department) received a complaint under state and federal special education law from #### (complainant) against the #### (district). This is the department’s decision regarding that complaint. The issues are whether the district, beginning January 3, 2023:
● Properly issued regular high school diplomas to student with disabilities who participate in the alternative education curriculum; and
● Properly followed the civics testing requirements for students with disabilities.
This decision does not address student-specific allegations regarding the complainant’s child. The complainant and the district entered a settlement agreement as the result of a due process hearing request addressing student-specific issues. The complainant’s child has not yet been granted a regular high school diploma and has not yet taken the civics test as of the date of this decision.
Whether the district properly issued regular high school diplomas to students with disabilities who participate in the alternative education curriculum.
A regular high school diploma is a degree fully aligned with a state’s academic standards and does not include an alternate degree, such as a certificate or a general educational development credential (GED). 34 CFR § 300.102(a)(3)(iv). Wisconsin law sets out general credit requirements for the receipt of a high school diploma in the area of English, Social Studies, Mathematics, Science, Physical Education, and Health. § 118.33(1)(a). Instructional concepts for each area of study are broadly defined. § PI 18.03 Wis. Admin. Code. It is within the discretion of each school board to determine the specific curriculum and level of attainment a student needs to demonstrate to earn a credit in a particular area of study. The district has adopted policy 345.5, Graduation Requirements, which is consistent with state high school graduation requirements.
The district awarded nine regular education diplomas to students with individualized education programs (IEPs) in May 2023.
All of the students, including one student whose IEP team had determined the student would participate in alternate assessments, had earned at least the minimum number of credits for award of a regular diploma. The district properly issued regular education diplomas to students with disabilities participating in the alternate education curriculum.
Properly followed the civics testing requirements for students with disabilities.
No school board may grant a regular high school diploma to any student who has not taken a 100 question civics test and correctly answered 65 of the questions. § 118.33(1m)(a)1. Wis. Stat. A student with an IEP is required to take the civics test, but the board may not condition graduation on successful completion of the test. § 118.33(1m)(a)2.a. A student’s IEP team may determine that it is not appropriate to administer the civics test to the student, in which case the board may not condition graduation on completion of the test. §118.33(1m)(a)2.b. District policy 345.5, Graduation Requirements, is consistent with the civics test requirements.
The district awarded nine regular education diplomas to students with IEPs in May 2023. Seven of the nine students completed the civics test prior to receipt of their diplomas. Two of the students did not complete the civics test as their IEP teams had determined, prior to the receipt of the diploma, that it was not appropriate to administer the civics test to the student. The district properly followed civics testing requirements for students with disabilities.
This concludes our review of this complaint. This decision is final for the IDEA State Complaint process. These issues may be addressed through other dispute resolutions, including mediation and due process hearings. For more information, visit the department’s website at http://dpi.wi.gov/sped/dispute-resolution or contact the special education team at (608) 266-1781.