FLORIDA DEPARTMENT OF EDUCATION
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STATE BOARD OF EDUCATION
T. WILLARD FAIR,
Chairman
Members
Jeanine Blomberg
Commissioner of Education
DONNA G. CALLAWAY
DR. AKSHAY DESAI
ROBERTO MARTÍNEZ
PHOEBE RAULERSON
KATHLEEN SHANAHAN
LINDA K. TAYLOR
MEMORANDUM
Contact Information:
Joyce Lubbers
TO:
District
Superintendents
(850) 245-0478
Joyce.lubbers@fldoe.org
FROM:
Cheri Pierson Yecke, Ph.D.
K12: 2007-125
DATE:
July 30, 2007
SUBJECT:
POLICY UPDATE: FREE APPROPRIATE PUBLIC EDUCATION
The final federal regulations implementing the Individuals with Disabilities Education Act 2004 (IDEA) took
effect on October 13, 2006. One of the regulations addresses the issue of free and appropriate public
education (FAPE) and earning a general educational development (GED) credential, requiring a change in
policy and district practice as set forth below. Please note the following policy update:
Policy Update
The new federal regulation Title 34, Code of Federal Regulations (CFR) Section, 300.102(iv) now states
that:
...the term
regular high school diploma
does not include an alternative degree that is not
fully aligned with the state’s academic standards, such as a certificate or a GED.
Based on this change, the Florida Department of Education’s interpretation and the application of existing
state statute and rules have also changed. Students with disabilities now continue to be
eligible for FAPE
through age 21
if they have not earned a standard diploma,
even if they have earned a general educational
development (GED) credential.
Exception
: The only exception includes students with disabilities who successfully utilize the GED Exit
Option Model.
The GED Exit Option Model is a graduation strategy that permits currently enrolled high school students
who are at risk of not graduating with their cohort group to earn a standard diploma through an alternate
graduation route. Students enrolled in the GED Exit Option Model are exempted from the requirement to
earn a specific number of credits and the requirement to earn a minimum 2.0 grade point average. However,
in addition to attaining passing scores on both sections of the Florida Comprehensive Assessment Test®
(FCAT), students graduating via the GED Exit Option Model must pass the GED Tests in order to receive a
standard diploma.
CHERI PIERSON YECKE, PH.D.
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CHANCELLOR, K-12 PUBLIC SCHOOLS
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325 W. GAINES STREET • TALLAHASSEE, FL 32399-0400 • (850) 245-0505 • www.fldoe.org
Policy Update: FAPE
July 30, 2007
Page Two
To be eligible to participate in the GED Exit Option Model, students must:
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Be at least 16 years of age and currently enrolled in a Pre-K-12 public school program
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Be enrolled in courses that meet high school graduation requirements
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Be over-age for grade and/or in jeopardy of not graduating with their cohort group due to credit
deficiency and low grade point average
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Demonstrate a reading level of seventh grade or higher at time of selection, and ninth grade or higher
at the time of testing
These students will not be eligible for a continuation of FAPE because they are required to pass the FCAT
and the GED Tests to earn a standard high school diploma, thus making this option one that is aligned to the
state’s academic standards.
For regular education students in Florida, the GED is still considered a standard diploma according to
Section 1003.435(6)(a), Florida Statutes (F.S.). This change in interpretation of the GED and the high school
diploma is only for the purposes of continuation of FAPE for eligible exceptional student education (ESE)
students.
This policy update will be reflected in upcoming revisions of the Florida State Board of Education rules, the
2007-08 amendment to the
Policies and Procedures for the Provision of Specially Designed Instruction and
Related Services for Exceptional Students (SP&P)
, and related technical assistance documents. We need
your assistance to ensure that necessary changes are addressed in the
2007-08 district’s pupil progression
plan
. We will be conferring with departmental staff regarding revisions that may be needed to Rule 6A
6.021, Florida Administrative Code (FAC.), “State of Florida High School Diplomas.” For further reference
we are providing the background information below.
Background
Based on previous federal regulations and State Board of Education rules, Florida’s interpretation had been
that a student’s eligibility for FAPE ended when the student earned a standard diploma (including standard
diploma earned through GED Exit Option Model) or the GED. Excerpts of those statutes or rules upon
which that decision was based are provided below.
Excerpts from the current Section 1003.435, F.S., High School Equivalency Diploma Program, state as
follows:
(1) The State Board of Education shall adopt rules that prescribe performance standards and provide
for comprehensive examinations to be administered to candidates for high school equivalency
diplomas. Such rules shall include, but are not limited to, provisions for fees, frequency of
examinations, and procedures for retaking an examination upon unsatisfactory performance.
(2) The department may award high school equivalency diplomas to candidates who meet the
performance standards prescribed by the State Board of Education.
(6)(a) All high school equivalency diplomas issued under the provisions of this section shall have
equal status with other high school diplomas for all state purposes, including admission to any state
university or community college.
(b) The State Board of Education shall adopt rules providing for the award of a standard high school
diploma to holders of high school equivalency diplomas who are assessed as meeting designated
criteria, and the commissioner shall establish procedures for administering the assessment.
Rule 6A-6.021, FAC., State of Florida High School Diplomas, states:
The Commissioner shall award a State of Florida high school diploma to a candidate who
meets all of the requirements prescribed herein and has attained a standard score of forty-two
(42) or above on each of the five (5) General Educational Development tests …
Policy Update: FAPE
July 30, 2007
Page Three
The current language of Rule 6A-6.03411, FAC., Policies and Procedures for the Provision of Specially
Designed Instruction and Related Services for Exceptional Students, states:
… All students with disabilities aged three (3) through twenty-one (21) residing in the state
have the right to a free appropriate public education (FAPE) consistent with the requirements
of Title 34, Sections 300.300-300.313, Code of Federal Regulations (CFR). FAPE shall be
available to any individual student with a disability who needs special education and related
services, even though the student is advancing from grade to grade. The only exceptions to the
provision of FAPE are for students who have exited with a standard diploma or the equivalent
and certain students who are incarcerated in an adult correctional facility as referenced in 34
CFR 300.122 and 300.311. …
Information about the GED Exit Option Model is available on the Department of Education’s Web site at
http://www.fldoe.org/faq/default.asp?Dept=108&Cat=90. If you have questions about this memorandum or
need assistance regarding ESE and transition planning, please contact Joyce Lubbers, Program Director,
Bureau of Exceptional Education and Student Services, by phone at (850) 245-0478 or by electronic mail at
Joyce.Lubbers@fldoe.org.
CPY/cbd
cc:
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Jeanine
Blomberg
Deborah
Kearney
Pam
Smith
Bambi J. Lockman
Lois Tepper
Bonnie Marmor
Bill Palmer
Kim Davis
Assistant Superintendents
Exceptional Student Education Directors
Student Services Directors
Adult General Education Directors
Transition Contact Persons
Division of Vocational Rehabilitation Area Directors
