Request By:
Mr. Gayle W. Ecton, Superintendent
Owen County Schools
P.O. Box 475
Owenton, Kentucky 40359
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Robert L. Chenoweth, Assistant Attorney General
On behalf of the Owen County Board of Education you have asked the Office of the Attorney General to consider several questions regarding graduation requirements and diplomas for exceptional students. By exceptional student you stated you meant "any student who is gifted/talented in one or more of the areas of intelligence, academics, leadership, creativity, visual performing arts, or psycho-motor abilities; and/or any student who is subject to P.L. 94-142, namely students who are mentally retarded, learning disabled, homebound, speech impaired, deaf, blind, physically handicapped, multiple handicapped, or otherwise handicapped. " You noted that there are varied practices followed in local school systems and some legal concerns related to your questions. You seek legal guidance on the following questions:
"1. Are exceptional children bound to the graduation requirements set forth by the Kentucky Department of Education and the Owen County Board of Education, or may they be awarded a high school diploma based on four years high school attendance and successful completion of their Individual Education Plan (IEP) , as described in P.L. 94-142, even though that particular student's IEP might not call for him/her to take all the 'required' high school courses?
2. If exceptional children are bound to the graduation requirements as set forth by the Kentucky Department of Education and the Owen County Board of Education, do the 'required courses' have to be the same for the exceptional students as for non-exceptional students, in fact as they are in name. In other words, if biology is a requirement for graduation, do exceptional students have to complete the same biology course as non-exceptional students, or can they complete the requirement by taking a course that is entitled biology, but differs greatly from that required of the non-exceptional student?
3. If exceptional students are allowed to complete their high school graduation requirements through other than meeting the same standards required for the non-exceptional students, either by not taking some of the required courses as in question one, or by taking specially designed courses as in question two, are the exceptional students entitled to receive the same diploma as the non-exceptional student? If not, what type of special diploma should they receive and should their exceptionality be noted on the diploma?
4. If exceptional students are to receive other than the same high school diploma awarded to non-exceptional students, what is the criteria to be used to determine if the student was an exceptional student. (Example: If a physically handicapped student completes the regular high school curriculum, but was unable to take physical education, would that student's diploma be marked 'program for physically handicapped? ') Likewise, if an educable mentally retarded student is 'mainstreamed' and takes only two or three specially designed courses in his/her school career, would that student's diploma be marked 'educable mentally retarded? '"
In view of the interrelated nature of your questions, we will collectively respond to them.
In principal response to your questions, we are of the opinion the same educational requirements obviously cannot be used as a basis for awarding a high school diploma to both exceptional children and the other children being educated in the school system. Exceptional children, in keeping with P.L. 94-142, the federal Education for All Handicapped Act of 1975, are required to have developed as concerns each of them an individualized program of instruction. This individual educational plan (iep) may in many instances not be consistent with or include the required courses established for the non-exceptional students for graduation. Thus, this office is of the belief that at least some categories of exceptional students (KRS 157.200) would not likely be in a position to receive the same high school diploma awarded to non-exceptional students. It may be that a type of special diploma should be awarded to the exceptional children who complete their annual individual educational plans and school service eligibility. It is our firm belief, however, that the ultimate decision regarding the issuance of diplomas is a matter subject to uniform regulation by the State Board for Elementary and Secondary Education. KRS 156.160(3) provides as follows:
"Upon recommendation of the superintendent of public instruction, the state board of education shall adopt rules and regulations relating to:
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(3) Grading, classifying and accrediting all common schools, and for determining the scope of instruction that may be offered in the different classes of schools, and the minimum requirements for graduation from the courses offered;" (Emphasis supplied.)
Therefore, just as a local school system does not establish the minimum requirements necessary for entitlement to a high school diploma and graduation for non-exceptional children, neither may the local boards of education establish minimum requirements for special diplomas for certain categories of exceptional children. A "special diploma" from one school system in this state should mean relatively the same level of accomplishment as a special diploma from another school system.
In view of our response to your letter, we are taking the liberty of sending a copy of this opinion to Dr. James B. Graham, Superintendent of Public Instruction, and Mr. Henry Pogue, Chairperson of the State Board for Elementary and Secondary Education. We implore these gentlemen to give their attention to bringing this matter before the State Board for serious study, consideration and resolution.