Under the Individuals with Disabilities Education Act (IDEA), the federal government provides funds to states for special education in exchange for which eligible students with disabilities acquire an enforceable right to a free appropriate public education (FAPE) until age 21. The only exception to that continuing guarantee is the student who has obtained a “regular” high school diploma which the IDEA defines as the diploma “awarded to the preponderance of students in the state that is fully aligned with state standards” and “does not include a recognized equivalent of a diploma,” such as a general equivalency diploma.

The case Board of Education of the Township of Sparta v. MN, which was decided in August by the state Supreme Court, involved a student at Sparta High School, referred to only as AD, who suffers from serious learning disabilities recognized under the IDEA. His mother, MN, tried everything to help him. Although he had home schooling, remote learning, tutoring, and in-school education, he was a serial drop-out and never gained his footing. In 2021, AD managed to obtain a GED, and a concomitant state issued high school diploma. New Jersey recognizes two kinds of high school diplomas—a state “endorsed” diploma issued by districts upon a student’s completing substantive and attendance requirements and passing the State graduation proficiency test. The second is the state ‘issued’ diploma based on successful completion of the GED and does not require the student to satisfy the same graduation requirements.