The New Jersey State Supreme Court has ruled that students with disabilities are entitled to a free public education even after they earn a General Education Development (GED).
The case involves a teen with disabilities who was denied a request to re-enroll in a Sussex County high school after receiving a state-issued GED high school diploma. In a due-process hearing, the Office of Administrative Law determined the GED (a state-issued diploma) was equivalent to a “regular high school diploma.” As such, the court found that the student was no longer entitled to a free education. On appeal, the NJ Supreme Court overturned the ruling, determining that a state-issued GED diploma was, in fact, NOT a “regular high school diploma,” and students with disabilities have a right to further education after earning one.
The decision makes it clear that students with disabilities can re-enroll in their local school district after passing the GED and earning a state-issued diploma, giving them access to transition services to prepare them for life after high school for an extended period. In the opinion, the judge wrote that the federal regulations implementing the Individuals with Disabilities Education Act do not count a ‘recognized equivalent of a diploma, such as a general equivalency diploma,’ as a regular diploma.
Most New Jersey students earn a “regular” state-endorsed diploma. In 2023, 91.1% of students who entered high school four years earlier earned a state-endorsed diploma by completing local graduation requirements. Less than 4% were still enrolled in high school and about 5% dropped out or were no longer enrolled after four years. In the same year, 1,980 students earned a state-issued diploma by passing the GED exam. Students with disabilities belonging to this group have the opportunity to return to high school under the recent ruling.
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