R277-705-5. Alternate Diploma

  (1) An LEA may award an alternate diploma to a student with a significant cognitive disability if:

  (a) the student accesses grade-level Core standards through the Essential Elements;

  (b) the student's IEP team makes graduation substitutions in the same content area, from a list of alternative courses approved by the Superintendent; and

  (c) the student meets all graduation requirements prior to exiting school at or before age 22.

  (2) An alternate diploma issued in accordance with Subsection (1) may not indicate that the recipient is a student with a disability.

  (3) Notwithstanding the award of an alternate diploma, an LEA may still be obligated to provide FAPE to an eligible student in accordance with the IDEA.

  (4)(a) The Superintendent shall provide a list of alternative courses that may be considered for student with cognitive disabilities working to receive an alternate diploma.

  (b) An LEA may submit courses to the Superintendent to be considered for possible inclusion on the list required by Subsection (4)(a).

  (c) The Superintendent shall annually update the list of alternative courses required under Subsection (4)(a) following review of LEA recommendations made under Subsection (4)(b).