Graduation is being pushed before the transition goals are done
The school is moving your child toward a diploma or a certificate of completion this year, and you do not think the transition goals in the IEP are finished yet. It depends: a regular high school diploma ends the district’s duty to keep serving your child under 34 CFR 300.102(a)(3), but a certificate of completion or a similar lesser credential does not. Start by pulling the IEP page or the letter the dispute turns on and writing down today’s date; every move below adds to that record.
What the rule says
“The obligation to make FAPE available to all children with disabilities does not apply with respect to the following: … Children with disabilities who have graduated from high school with a regular high school diploma.”
34 CFR 300.102(a)(3)
The credential name on the exit paperwork decides whether services end, so it is worth confirming before you agree to anything.
What to do this week, in order
Get a written answer from the case manager on whether the plan is a regular diploma or a certificate of completion.
A written answer naming the credential type
Compare your child’s transcript against the postsecondary and training goals the IEP set, and note any goal not yet met.
A goals-versus-transcript comparison sheet34 CFR 300.320(b)
Request prior written notice naming the graduation date and credential before you sign anything, since a regular diploma is a change of placement.
Prior written notice with a date34 CFR 300.102(a)(3)(iii)
Ask for the date the Summary of Performance will be written, with its recommendations for the postsecondary goals, before the year closes.
A scheduled Summary of Performance date34 CFR 300.305(e)(3)
What to put in writing
Replace what sits in brackets and send it by email, so the date is fixed.
- To
- The staff member who signs off on graduation eligibility
Dear [Director’s name], I am writing about the graduation plan for [Child’s full name]. Before anything is finalized, please confirm which credential this is: a regular diploma or a certificate of completion. I would also like a comparison of the transition goals the IEP set for my child against what has actually been completed, along with a date for the Summary of Performance. Please send your answer in writing so I have it for [Child’s full name]’s file. [Your name]
If the answer is no, it arrives as prior written notice: what was refused, why, and the records the district relied on (34 CFR 300.503(b)).
When to escalate, and to whom
Escalate when the written answer is a no, or when the record you built this week draws no answer at all.
| The path | The count | How it runs |
|---|---|---|
| A state complaint | 60 days to a decision | A signed letter to your state education agency about a violation inside the past year; the state decides in writing within 60 days.34 CFR 300.152(a), 300.153(c) |
| Mediation | Voluntary, at no cost to you | You and the district sit with an impartial mediator the state pays for; it can start before any complaint and may not delay a hearing.34 CFR 300.506(b) |
| A due process complaint | 2 years to file | A hearing before an impartial officer; the district holds a resolution meeting within 15 days, and the decision is due 45 days after the 30-day resolution period.34 CFR 300.507(a)(2), 300.510(a)(1), 300.515(a) |
Those counts are IDEA’s; your state may set its own window for due process, and publishes its own complaint form.
This page explains the federal rule, and it does not replace your state’s procedures, or advice from someone qualified to read your file.
Have the pages this dispute is about read back to you, free.
The review reads every page you upload, names the service, goal or wording that is vague or missing, and gives you its page number.
Review my IEP — freeFree, no card. It reads your pages and contacts no one.
Where this comes from
- Diploma exceptions to FAPE (34 CFR 300.102)Where the quoted line sits.
- Transition goals in the IEP (34 CFR 300.320)What graduation should complete.
- Summary of Performance rule (34 CFR 300.305)The exit paperwork itself.
- Prior written notice (34 CFR 300.503)What every no owes you.
When the paragraph needs to become a full letter, the letter templates carry one for each request.