Public Education Department
District or Charter Schools Exceeding the Maximum Percentages for
Graduation Programs of Study for
Students with Disabilities
WAIVER REQUEST
Instructions: Please complete this form electronically from the superintendent, charter school administrator, or designee and e-mail to
Lorianne Romero at Lorianne.Romero@state.nm.us.
Note: The response boxes automatically expand as you add text.
Superintendent or Charter School Administrator
District/Charter School
Mailing Address
Phone
State NM
FAX
Secondary Contact
Mailing Address
Phone
Date Submitted
Does local school board policy require board approval prior to this request?
If yes, has board approval been obtained?
Date of Board Approval
Zip
Email
Title
State NM
Zip
Email
☐Yes
☐Yes
☐No
☐No
School Code
If Requesting Multiple Waivers, Please Use a Separate Request for Each
Applicable Statute and/or State Rule
NMAC 6.29.1.9
Procedural Requirements
J. Graduation requirements.
(13)
(h) Changes in programs of study.
(iv) Beginning with students entering the 10th grade, districts and charter schools shall maintain an accurate accounting of graduation programs
of study for students with IEPs. Districts and charter schools shall ensure that 80% or more of students with IEPs are in the standard program of
study, no more than 10–15% of students with IEPs shall graduate in the career readiness program of study, and no more than 1–3% of students with
IEPs shall graduate in the ability program of study. Districts or charter schools exceeding the above maximum percentages shall submit a request
for a waiver regarding each student affected. The request for waiver shall include the district name, the high school name, a list of all students on the
alternate program of study exceeding the maximum percentage (including student demographics, unique student identifiers and the justification for
changing each student's program of study). The waiver request shall be signed and submitted by the superintendent or charter school administrator
to the secretary.
Applicable District or Charter School Policy
3.29 Graduation Requirements for Special Education Students
The Individualized Education Program (IEP) team is responsible for determining whether students with disabilities and
receiving special education services have completed a planned program of study, making him/her eligible to receive a
diploma or certificate. 3.29.1 Upon completion of a planned program of study that meets the following requirements of
NMAC 6.29.1.J.13, the student will be awarded a diploma: 1. a standard program of study meeting or surpassing all
requirements for graduation based on New Mexico Standards for Excellence with or without modification of delivery and
assessment; 2. a career readiness program of study, based upon meeting the Public Education Department’s Career
Readiness Standards with Benchmarks as defined in the IEP; 3. an ability program of study based upon IEP goals and
objectives, referencing skill attainment at a student’s ability level, which may lead to meaningful employment.
Instructions: Insert specific local policy here.
Students exceeding established limits
Numbers
How many students are in the Career Readiness Graduation Option?
How many students are in the Ability Graduation Option?
By how many students do you exceed the 15 percent limit on the Career Readiness Graduation Option?
By how many students do you exceed the 3 percent limit on the Abilities Graduation Option?
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Waivers for Multiple Students
Student/School Tables
List Each Student Exceeding the Maximum Percentage for Each Pathway
Instructions: Enter all fields in this table. Incomplete requests will be returned. Provide a complete justification for using an alternative graduation option. Explain why the standard
or career readiness option was rejected.
Student Name
Unique
Student
Identifier
Graduation
Option
Justification—for rejecting standard and requesting alternative graduation option
Instructions: Enter all fields in this table. Incomplete requests will be returned. Describe the types of assistance and/or modifications that were provided prior to placing the
student on the alternative graduation option.
Unique
Student Name
Student
Assistance and Modifications Implemented
Identifier
Instructions: Enter all fields in this table. Incomplete requests will be returned. List each student exceeding the maximum percentage for each pathway. Explain how the
pathway modifications will assist the student in post-school goals.
Unique
Waiver Approved—for PED use
Students Exceeding
Student
How Modifications Assist with Post-School Goals
Maximum %
Yes
No
Identifier
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
Rationale for Request
Instructions: Include how a waiver will help the school and the students and how its overall intent will fit into school and district policy. Identify any supporting documentation on file.
Corrective Action Plan
Instructions: Explain what the district will do to ensure that graduation rates meet the requirements of NMAC 6.29.1.9 (J)(13)(h)(iv).
Parent Notification
Instructions: Explain how the district will ensure that parents receive clear and concise explanations of the alternative graduation options, including potential consequences that
may limit the students’ post-secondary options.
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For Ped Internal Use Only
Ped Ps #
Reviewed by
Rationale for Approval
Date
Date
Concur with staff recommendations for approval
Date
Hanna Skandera
Secretary of Education
Rationale for Non-Approval
Date
Concur with staff recommendations for non-approval
Date
Hanna Skandera
Secretary of Education
Returned to Superintendent or Charter School Administrator by
Date
Total Number of Waivers Approved Click here to enter text.
Total Number of Waivers Denied Click here to enter text.
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