A District Cannot Graduate a Student on Modified Curriculum with a Regular Diploma

What Happened

A 19-year-old student with severe autism — including severe expressive and receptive language disorders, echolalia, sensory processing difficulties, visual-perceptual and motor coordination deficits, and aggressive behaviors requiring a full-time behavior intervention aide — was approaching the end of his time at Norwalk High School.

On April 11, 2013, the district convened what was meant to be his final IEP meeting. But the meeting was a formality. The district had already decided to graduate him with a regular high school diploma and end his eligibility for special education services.

What the District Did Wrong

The violations in this case were pervasive:

Predetermination. The district arrived at the meeting having already decided to graduate the student. The program specialist, Ms. Schwartz, "was steadfast in this predetermination, and she did not permit any changes to Student's educational program during this meeting." The parents were told they were "invited to attend, not to sign" — the district would proceed regardless of parent input.

Fraudulent grades. The student's standardized assessment scores told one story: a math score of 40, reading comprehension of 53, and written expression of 40 on the KTEA. His Present Levels stated he struggled with simple addition, did not understand what a question mark was, and could not write a sentence. Yet his transcript showed a "C" in Algebra II.

"It is not objectively reasonable to conclude that a student who received a math score of 40... and whose PLOP's state he struggles with simple addition, does not understand what a question mark is, and cannot write a sentence, is able to receive a 'C' in algebra two."

"Student's grades were inflated and the result of a substantially modified curriculum."

The district could not produce a single work sample, test, or assessment corroborating that his grades were earned in unmodified coursework.

Transition failures. The district relied on a 2009 transition assessment that the transition teacher admitted she had never implemented. She had "never implemented any part of the ITP."

Speech therapy cut without justification. Despite the student's EOWPVT standard score of 62 (1st percentile) and ROWPVT below 55 (less than 1st percentile), speech services were reduced from 90 minutes per week to 120 minutes per month.

Dishonest witnesses. The district's SLP "was not a credible witness. At times, she provided testimony which was unbelievable because it was thoroughly contradicted by other, District-provided evidence... she intentionally misled the ALJ."

What the Judge Found

ALJ Paul Kamoroff found FAPE denied on every issue. The most extraordinary finding:

"The District's policy to only permit disabled pupils with IEP eligibility under intellectual disabilities to be considered for an alternative track curriculum, thereby being permitted to work towards a certificate of completion rather than a diploma, evidences that Student's April 11, 2013 IEP, was predetermined to deny him education services past his senior year."

The district had created a policy that only students classified under "intellectual disability" could pursue a certificate of completion. Since this student's primary classification was autism — despite having profound academic deficits — the policy funneled him toward a regular diploma and out of eligibility.

What Was Ordered

• The regular high school diploma was declared INVALID
• Student is eligible for special education through age 22
• Independent consultant to develop an individualized transition plan within 60 days
• 78 hours of compensatory speech and language therapy (2 hours/week for two school years)
• 39 sessions of 45-minute compensatory OT services
• Assistive technology assessment by a specialist experienced with autism and severe communication delays
• IEP meeting within 30 days to develop a FAPE offer at an adult educational placement

Why This Matters for Parents

This is one of the most powerful OAH decisions ever issued for parents. It establishes several critical principles:

1. A district cannot use inflated grades to graduate a student out of eligibility. If a student's standardized test scores and Present Levels are wildly inconsistent with their grades, the ALJ will look at the actual evidence of what the student can do — not the transcript.

2. An ALJ can invalidate a diploma. When a student received a diploma based on a substantially modified curriculum but the IEP claimed the curriculum was unmodified, the diploma is void and eligibility is restored through age 22.

3. Predetermination of an exit IEP is FAPE denial. A district cannot arrive at a meeting having already decided to graduate a student and refuse to consider alternatives.

4. The district's own assessments can be its undoing. The KTEA scores, the EOWPVT/ROWPVT scores, and the Present Levels all contradicted the grades — and the ALJ used the district's own data against it.

5. Witness credibility matters enormously. When district staff contradict each other, retract testimony, or are caught misrepresenting facts, it destroys the district's entire case.

If your child is approaching graduation and you believe their grades do not reflect their actual abilities, request copies of all work samples, tests, and assessments. Compare them against standardized scores and Present Levels. If there is a disconnect, document it before the graduation IEP.