Kevin's Law Washington Special Education — Certificate of Attendance vs Diploma

What Kevin's Law Does

Kevin's Law (RCW 28A.155.170) requires every Washington school district operating a high school to let students receiving special education services under an IEP participate fully in the graduation ceremony with their age-appropriate peers after four years of high school. The student receives a certificate of attendance — not a diploma — and their IEP stays active.

This matters because a regular high school diploma is a legal trigger. Under WAC 392-172A-02000(2)(b), graduating with a standard diploma constitutes a change in placement that immediately terminates the district's obligation to provide FAPE. The certificate of attendance carries no such consequence. The student walks with their class, celebrates with their friends, and continues receiving transition services through the end of the school year in which they turn 22 under SSB 5253.

The Diploma Trap

School districts are evaluated on graduation rates, and that creates an institutional incentive to push special education students toward a standard diploma as soon as they accumulate enough credits or complete a single graduation pathway. Most families don't realize what they're giving up.

The Simonsen v. School District case in Washington illustrated this sharply: a student graduated with a 3.87 GPA but read at a first-grade level. Because the district awarded a standard diploma, she lost access to free state-funded vocational transition programs. Her family ended up spending over $160,000 on private college tuition — services the district would have been obligated to provide had the diploma not been issued.

This pattern has been described in special education law as "benevolent discrimination" — the appearance of high achievement (a diploma, a transcript full of passing grades) masking the absence of functional skill development.

How to Use Kevin's Law at the IEP Meeting

If your student has completed four years of high school but still needs transition services, here's the sequence:

Request the ceremony in writing. Kevin's Law doesn't require you to ask — districts are supposed to make the option available — but putting it in writing creates a record. State that you want your student to participate in graduation activities and receive a certificate of attendance, and that you are not consenting to the issuance of a regular diploma at this time.

Insist on Prior Written Notice. If the district proposes issuing a diploma, they must provide Prior Written Notice (WAC 392-172A-05010) a reasonable time before the graduation date, along with a Summary of Performance. If you disagree with the proposed diploma, your objection should be documented in the Prior Written Notice.

Know the stay-put protection. If a district attempts to graduate your student over your objection, filing a due process request before the scheduled graduation date triggers the stay-put provision (WAC 392-172A-05125). Stay-put legally freezes the graduation exit and forces the district to keep the student enrolled and receiving services until the hearing concludes.

What Happens After the Ceremony

Students who receive a certificate of attendance under Kevin's Law typically enroll in the district's 18-22 transition program. These programs are supposed to provide community-based instruction in employment, transportation, and independent living — not just classroom time.

The transition period between ceremony and age-22 exit is when the most critical agency handoffs happen: DVR Pre-Employment Transition Services, DDA waiver applications, Job Foundation and School-to-Work enrollment, and SSI/Medicaid setup. Without the extended eligibility that SSB 5253 provides, families face these handoffs alone.

The Washington IEP Transition to Adulthood Guide includes the specific letter templates, IEP meeting scripts, and agency referral timelines that make the post-ceremony years productive.

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