Validating High School Diplomas: A Reminder to Institutions to Review Your Admissions Policies and Procedures
With the flurry of activity from the recently released Free Application for Federal Student Aid and upcoming Financial Value Transparency and Gainful Employment reporting, it’s understandable that some institutions may have overlooked a lesser-known regulation on validating high school diplomas. The new regulation, which was tucked into the U.S. Department of Education’s (ED) Financial Responsibility, Administrative Capability, Certification Procedures, and Ability to Benefit Final Rule, took effect on July 1, 2024, making this the first Admissions cycle since the rule became effective.
What’s Changed?
Previously, if an institution had reason to believe a high school diploma was invalid, the regulations simply required the institution to develop and follow “procedures to evaluate the validity of a student’s high school completion.” In other words, it was up to the institution to establish their own process and document their procedures.
Under the updated administrative capability regulations in 34 C.F.R. § 668.16(p), if an institution has reason to believe a high school diploma is invalid, “adequate procedures” must now include the following:
- Obtaining documentation from the high school that confirms the validity of the high school diploma, such as transcripts, written descriptions of course requirements, or written and signed statements by principals or executive officers at the high school attesting to the rigor and quality of coursework;
- For high schools regulated by a State agency, Tribal agency, or Bureau of Indian Education, receiving documentation from that agency to confirm the high school is recognized or meets requirements established by that agency; and
- Confirming that the high school does not appear on an ED-published list of schools issuing invalid high school diplomas (though as of this article’s publication, ED has not yet published such a list).
Furthermore, a high school diploma is not valid if it does not meet the applicable requirements established by the appropriate State agency, Tribal agency, or Bureau of Indian Education in the state where the high school is located. It is also invalid if it has been deemed so by ED, the relevant state agency, or through a court proceeding.
Additionally, a diploma is invalid if it was obtained from an entity that requires little to no secondary instruction or coursework to obtain a high school diploma, including through a test that does not meet the requirements for a recognized equivalent of a high school diploma under 34 C.F.R. 600.2. Under section 600.2, recognized equivalents of a high school diploma include a General Education Development certificate (GED), or a State certificate received after passing a State-authorized examination recognized as the equivalent of a high school diploma.
What Should Institutions Do Next?
Don’t Overreact
Remember that these procedures are not required for every high school diploma—only cases in which the institution has “reason to believe” the high school diploma is invalid. Granted, “reason to believe” is doing a lot of heavy lifting. When determining whether your institution has “reason to believe” a diploma is invalid, ED’s response to commentators are instructive: “Institutions should act on any information they obtain from any source which suggests that there is little, or no instruction being provided by the entity or that suggests that the entity is a diploma mill.” 88 Fed. Reg. 74613 (Oct. 31, 2023) (rejecting commentators’ view that regulatory agencies should determine the validity of the diploma, not institutions).
Consult with Your Admissions Office
Share this information with your Admissions Office. Most likely, they already have procedures in place for evaluating the validity of high school diplomas. The regulation anticipates that institutions will spend about three hours reviewing and updating their existing procedures. If no procedures are currently in place, they should be developed with the Admissions Office to align with the new requirements.
Monitor Future Developments
HMBR will continue to monitor future developments, including if ED decides to publish a list identifying high schools that issue invalid diplomas.
If you have any questions or concerns about possible implications for your institution, please feel free to contact HMBR’s Education Group.