Section 51225.31 - Exemption of individuals with exceptional needs for graduation(a)(1) Notwithstanding any other law, a local educational agency shall exempt an individual with exceptional needs who satisfies the eligibility criteria described in subdivision (b) from all courses and other requirements adopted by the governing board or governing body of the local educational agency that are additional to the statewide course requirements specified in Section 51225.3 and shall award the pupil a diploma of graduation from high school, as described in Section 7801(23)(A)(ii)(I)(bb) of Title 20 of the United States Code.(2) In accordance with Section 300.102(a)(3) of Title 34 of the Code of Federal Regulations, the award of a diploma of graduation from high school pursuant to this subdivision does not change a local educational agency's obligation to provide a free appropriate public education until 22 years of age, or otherwise constitute a change in placement.(b) An individual with exceptional needs, who entered ninth grade in the 2022-23 school year or later, shall be eligible for the exemption and award described in subdivision (a) if their individualized education program provides for all of the following:(1) The pupil's individualized education program team has deemed the pupil eligible to take the state alternate assessments as described in subdivision (k) of Section 60640.(2) The pupil is required to complete state standards aligned coursework to meet the statewide course requirements specified in Section 51225.3.(c) An individual with exceptional needs who meets the criteria for the alternative diploma pathway pursuant to this section shall be eligible to participate in any graduation ceremony and any school activity related to graduation with their grade-level peers with and without disabilities. Participation in graduation activities that are subject to this section shall not be construed as termination of the provision of free appropriate public education, consistent with Section 300.102(a)(3)(ii) of Title 34 of the Code of Federal Regulations, unless the individualized education program team, which includes the parent and pupil, as defined in Sections 300.320 and 300.321 of Title 34 of the Code of Federal Regulations, has determined the pupil has completed their high school experience.(d) For purposes of this section, "local educational agency" includes a school district, county office of education, charter school, or state special school.Ca. Educ. Code § 51225.31
Amended by Stats 2023 ch 194 (SB 141),s 17, eff. 9/13/2023.Amended by Stats 2023 ch 48 (SB 114),s 58, eff. 7/10/2023.Added by Stats 2022 ch 52 (AB 181),s 70, eff. 6/30/2022.