Students who receive special education services and are unable to pass the Regents examination may take the Regents Competency Tests, known as the RCT (this is referred to as the "Safety Net") if they enter 9th grade in or after September 2001 and prior to September 2011. In addition, for students who enter 9th grade in or after September 2005, a grade of 55-64 may be considered as a passing score on any Regents exam required for graduation. However, in both of these cases, students will only earn a local, and not a Regent's, diploma. This policy applies both to students with Individualized Education Plans (IEPs) and students who were, but are no longer, in high school special education.

The law states that the majority of students who receive special education services should be prepared to earn regular high school diplomas. However, for a small minority of students, an IEP diploma option is also available. An IEP diploma is not as useful as a regular diploma; for example, you cannot try to enlist in the military services or attend even a two-year college with an IEP diploma. An IEP diploma certifies merely that a student attended school and completed IEP goals. An IEP diploma should not be a goal for students with the potential to meet graduation standards. Students who get IEP diplomas are entitled to stay in school to work toward a regular diploma or GED until the age of 21. Students with disabilities can also be prepared for the GED but cannot be forced to pursue that degree instead of a regular diploma.

If you are not sure whether your child is being prepared for a local, Regents, IEP, or GED diploma, look on page 9 of his IEP. If the IEP says he is tracked for a local or Regent's diploma, talk to the supervisor or assistant principal of special education to make sure he is earning the credits he needs and being prepared for the graduation exams. If the IEP says he is tracked for an IEP diploma, but you think your child should be able to earn a regular diploma, you can request a review meeting and/or use your due process rights. It might help to seek the advice of an advocate or attorney.

You should be focusing on the type of diploma your child is to earn way before he arrives at high school; as soon as your child is enrolled in school, you should be ensuring that he gets access to the regular curriculum and assistance necessary to meet the standards applicable to all children in his age group, unless his cognitive ability will not allow him to do so. Children who miss out on important instruction in the early grades may not be able to catch up later. Please see our page for more information about special education services.