Parental Right to Decline Examination Waiver

In NYS, the regents tests were suspended due to COVID and the resulting school closures. Students are typically required to take these test and receive a passing score in order to graduate. An exemption was created stating that as long as students met certain requirements, the regents tests, state-approved alternative exams, +1 Pathways, and the CDOS (Development and Occupational Studies) Commencement Credential.

Parents of students with disabilities have started to complain that their child is graduating and not receiving important transition services in the final months of school.

As such, parents can request that their child stay in school to receive the necessary transition services instead of graduating. In order to do so, a parent(s) needs to complete and return a form which should be provided by the school district.

The notice (which is attached to the form) should state:

  • The decision on a parent is irrevocable.
  • The child will not be able to graduate until they meet all graduation requirements.
  • The child will remain eligible to receive free education until they turn 21 or earn their diploma.

Once the school receives the completed form from the parent, they will reach out to confirm the graduation will be postponed until requirements are met.

If you have any questions, need help advocating for your child, or help with completion of any paperwork, please contact an advocate at (518) 459-6422.

Please click here for more information from the NYSED website.