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Issuing Diplomas to Eligible Students Placed in a Residential Facility

This webpage informs schools and districts of the responsibility and process for issuing a diploma to eligible students placed with, committed to, under the supervision of, detained or otherwise confined in any facility operated or administered by a state department, agency, political subdivision of the state, or a correctional facility. 

Definitions 

  • Residential facility (the facility): a facility operated or administered by a state department or agency or political subdivision of the state pursuant to Education Law 112 or a correctional facility as defined in Correction Law 2(4) which provides educational programming to youth aged 21 or younger who have not received a high school diploma and who are placed, committed, supervised, detained or confined at the facility 
  • District of location: the school district in which the facility where the youth is placed, committed, supervised, detained or confined is located 
  • Credit granting school district: the school district or local education agency providing an educational program and granting diploma credits to students placed in a residential facility 
  • Diploma issuing district: the school district that is determined to be responsible for the issuance of the diploma 

Determination of the Diploma Issuing District 

If the student’s educational program is provided by and completed at the residential facility, the district in which the facility is located will issue the diploma. If a school or district other than the district of location is providing credit bearing coursework to the student, such credit granting school or district shall be the diploma issuing district. 

Residential Facility Responsibility 

Once the student meets all New York State diploma requirements, the residential facility must notify the diploma issuing district to confer the student’s diploma. This notification must be in writing and must include: 

Note: Students earning their diploma when placed in a residential facility are not required to meet local diploma requirements that exceed those indicated in the Commissioner’s Regulations (8 CRR-NY 100.5). 

Diploma Issuing District Responsibility 

Review and Notify 

Upon receipt of written notification of the request to issue a diploma, the diploma issuing district must: 

  • Conduct a review of the documentation provided; 
  • Make a determination of the student’s eligibility to receive a diploma; and 
  • Notify the facility within 10 business days of: ​
    • Receipt of documentation; 
    • Document review findings; and 
    • Determination of student’s eligibility to receive a diploma. ​
      • If the district determines the student has not met the New York State diploma requirements, the notification must include a clear description of any requirements the student has not met. 
      • If the district determines the student has met the New York State diploma requirements, the notification must indicate the diploma will be conferred no later than the next regular diploma issuance date (January, June, or August). 

Enroll the Student and Issue the Diploma 

Prior to issuing the diploma, the district must enroll the student, create a transcript, and retain all student records. The transcript and diploma must be forwarded by registered mail to the residential facility no later than the next regular diploma issuance date (January, June, or August).  

Impact on District’s Accountability 

Issuing the diploma will positively impact the 4-year, 5-year, and/or 6-year Graduation Rate for districts only. Issuing the diploma will not impact the following indicators at the school or district level: Composite, English Language Proficiency, Progress, Chronic Absenteeism, and College, Career, and Civic Readiness. 

Additional Guidance and Resources 

Education Law and Commissioner’s Regulations  

Questions

Questions related to issuing diplomas to students confined in a residential facility may be directed to the Office of Standards and Instruction at (518) 474-5922 or via email to emscgradreq@nyesd.gov