Section 100.6 Local Certificates

100.6 Local certificates.

Except as provided in subdivision (f) below, a school district or the principal of a nonpublic school may award a certificate to a student with a disability, as defined in section 200.1(cc) of this Title, in accordance with the following provisions:

(a) Prior to awarding such a certificate, the governing body of a school district or nonpublic school shall adopt written policies and procedures ensuring that students with disabilities are provided appropriate opportunities to earn a high school diploma in accordance with the provisions of section 100.5 of this Part.

(b) A student with a disability may be awarded a local certificate, provided that:

(1) such student has achieved the educational goals specified in such student's individualized education program in effect during the school year in which such a certificate is awarded; and

(2) unless identified as meeting all the criteria of section 200.1(cc)(4) of this Title, such student has attended school for at least 13 years, excluding kindergarten, or has received a substantially equivalent education in accordance with section 3204(2) of the Education Law for such period of time.

(c) Each such certificate shall be accompanied by a written statement of assurance that the student named as its recipient shall continue to be eligible to attend the public schools of the school district in which the student resides until the student has earned a high school diploma or until the end of the school year of such student's 21st birthday, whichever is earlier.

(d) Each superintendent of a school district or principal of a nonpublic school shall report to the State Education Department, within 15 days after the June graduation, the total number and the names of the students awarded certificates by each high school in that school year. A copy of the school district's or nonpublic school's policies and procedures adopted pursuant to subdivision (a) of this section shall be on file in the district office and available for review by the commissioner.