By: Victoria M. Adeleke, Law Clerk
Edited by: Sanmathi (Sanu) Dev, Esq.
On August 7, 2024, the New Jersey Supreme Court ruled that a student who was granted a state issued diploma (GED) was allowed to re-enroll at his public high school and was still entitled to access a free appropriate public education (“FAPE”) under the federal Individuals with Disabilities Education Act (“IDEA”) in the case Board of Education of the Township of Sparta v. M.N. The Court determined a New Jersey State-issued diploma awarded based on passing the GED is not considered a “regular high school diploma” under 34 C.F.R. § 300.102(a)(3)(iv) and that a student who receives such a State-issued diploma was not precluded from special education services under the IDEA.
A student who received a State-issued diploma and who obtained a GED attempted to re-enroll in school within the Sparta Board of Education (“Board”). The Board denied the request contending that the student was no longer entitled to special education services under the IDEA because he had received his GED. The parent challenged this assertion and filed for due process. The Board filed a Petition for Declaratory Ruling, seeking a declaration that it was not obligated to re-enroll the student. The New Jersey Commissioner of Education denied this request and transferred the matter to the Office of Administrative Law (“OAL”). The Administrative Law Judge (“ALJ”) ruled in favor of the Board, stating that the student’s diploma was a “regular high school diploma” and not merely a GED. Consequently, the ALJ concluded that the student was no longer entitled to FAPE. The parent appealed the ALJ’s decision to the New Jersey Appellate Division, arguing that the ALJ and NJDOE had erred in their interpretation of federal regulations regarding special education eligibility. The Appellate Division affirmed. The parent further appealed, and the New Jersey Supreme Court granted her petition for certification.
The primary legal question for the Supreme Court was whether the student’s receipt of a State-issued diploma precluded the right to receive special education services under the IDEA and New Jersey state law (N.J.S.A. 18A:46-1.1 et seq.). The Supreme Court closely examined the federal regulations under the IDEA, specifically 34 C.F.R. § 300.102(a)(3). This regulation outlines the eligibility for FAPE and distinguishes between students who have graduated with a “regular high school diploma” and those who have not. The Court noted that the regulation defines a “regular high school diploma” as the standard diploma awarded to the majority of students in the state, which must be fully aligned with state standards. Importantly, it specifies that a regular high school diploma does not include a recognized equivalent, such as a General Educational Development (GED) diploma. The Court considered New Jersey state law, particularly N.J.A.C. 6A:8-5.2(c), which governs the issuance of diplomas. The Court recognized that while New Jersey allows for the issuance of diplomas based on passing the GED, this does not equate to a “regular high school diploma” as defined by federal law. The Court emphasized the legislative intent behind the distinction between State-issued diplomas and State-endorsed diplomas, arguing that the New Jersey Legislature did not intend for a GED to confer the same rights and privileges as a traditional high school diploma.
Ultimately, the Court held that a New Jersey State-issued diploma awarded based on passing the GED is not considered a “regular high school diploma” under 34 C.F.R. § 300.102(a)(3)(iv). Consequently, the Court determined that a student who receives such a State-issued diploma remains entitled to receive a FAPE under the IDEA. Therefore, the Court reversed the judgment of the Appellate Division, affirming that the student was still eligible for special education services despite having received a GED-based diploma.
