New Guidance on Special Education Identifiers & Grading Modifiers in Report Cards & Transcripts

On October 17, 2008, the U.S. Department of Education's Office for Civil Rights (OCR) issued a "Dear Colleague" letter and Q&A guidance concerning the use of special education identifiers and grading modifiers in student report cards and transcripts (http://www.edpubs.org/lyris/ReportCards.pdf).

OCR has historically warned that using grading modifiers or indicators on report cards and transcripts that identify or even allude to special education eligibility may be discriminatory under the Rehabilitation Act and the Americans with Disabilities Act. OCR in the past has taken the long-standing position that this practice may also violate the Individuals with Disabilities Education Act ("IDEA") and the Family Education Rights and Privacy Act ("FERPA"), which specifically prohibit schools from disclosing that a student is receiving special education and related services.

OCR's recent guidance, however, departs significantly from past advice, especially in relation to report cards. The new guidance allows schools to designate the following information on report cards: special education eligibility (IDEA and Section 504), enrollment in special education classes, the use of modified curriculum and accommodations. OCR recognizes that such indicators (including the use of asterisks) may be used in a nondiscriminatory manner since report cards provide information directly to parents concerning their child’s progress and level of achievement. However, OCR cautions schools that report cards must provide more than just an asterisk or checked box; the report cards must provide in depth information concerning the student's progress, consistent with the underlying purpose of a report card.

OCR did also find, however, that such indicators could not be used on a student's transcript. OCR reasoned that a student's transcript is generally intended to inform a postsecondary institution or prospective employer of the student's academic credentials and achievements, rather than inform a parent of their child's progress in school. Accordingly, school districts are cautioned that disclosing a student's disability status on a transcript is unlawful and discriminatory.