eLaws of Florida

  SECTION 1003.438. Special high school graduation requirements for certain exceptional students.  


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  • 1A student who has been identified, in accordance with rules established by the State Board of Education, as a student with disabilities who has an intellectual disability; an autism spectrum disorder; a language impairment; an orthopedic impairment; an other health impairment; a traumatic brain injury; an emotional or behavioral disability; a specific learning disability, including, but not limited to, dyslexia, dyscalculia, or developmental aphasia; or students who are deaf or hard of hearing or dual sensory impaired shall not be required to meet all requirements of s. 881002.3105(5), 89s. 901003.4281, 91or s. 931003.4282 94and shall, upon meeting all applicable requirements prescribed by the district school board pursuant to s. 1101008.25, 111be awarded a special diploma in a form prescribed by the commissioner; however, such special graduation requirements prescribed by the district school board must include minimum graduation requirements as prescribed by the commissioner. Any such student who meets all special requirements of the district school board, but is unable to meet the appropriate special state minimum requirements, shall be awarded a special certificate of completion in a form prescribed by the commissioner. However, this section does not limit or restrict the right of an exceptional student solely to a special diploma or special certificate of completion. Any such student shall, upon proper request, be afforded the opportunity to fully meet all requirements of s. 2251002.3105(5), 226s. 2271003.4281, 228or s. 2301003.4282 231through the standard procedures established therein and thereby to qualify for a standard diploma upon graduation.
History.-s. 136, ch. 2002-387; s. 5, ch. 2008-204; s. 26, ch. 2013-27; s. 47, ch. 2013-35; s. 42, ch. 2014-39; s. 19, ch. 2014-184.

Note

Note.-

A. Repealed July 1, 2015, by s. 19, ch. 2014-184.

B. Section 27, ch. 2014-184, provides that “[t]he amendments made by this act to ss. 1003.438 and 409.1451, Florida Statutes, do not apply to a student with disabilities, as defined in s. 1003.438, Florida Statutes, who is eligible for and currently participating in the Road to Independence Program, as of the effective date of this act. Such student shall continue to participate in the program as long as he or she meets the eligibility criteria in effect as of the effective date of this act.”

C. Section 28, ch. 2014-184, provides that “[t]he amendment made by this act to s. 1003.438, Florida Statutes, does not apply to a student with disabilities, as defined in s. 1003.438, Florida Statutes, whose individual education plan, as of the effective date of this act, contains a statement of intent to receive a special diploma. Such student shall be awarded a special diploma in a form prescribed by the Commissioner of Education if the student meets the requirements specified in s. 1003.438, Florida Statutes, and in effect as of the effective date of this act. Any such student who meets all special requirements of the district school board in effect as of the effective date of this act, but who is unable to meet the appropriate special state minimum requirements in effect as of the effective date of this act, shall be awarded a special certificate of completion in a form prescribed by the Commissioner of Education.”