WESTHAMPTON, Mass. (AP) School systems that hand out high school diplomas to  students who flunk the MCAS will be breaking the law, according to the state's education chief.

But one western Massachusetts school district is insisting that students who  meet local standards for graduation should get diplomas whether or not they  pass the high-stakes exam.

 Earlier this month, the Hampshire Regional School Committee unanimously voted to grant diplomas to students as long as they meet local standards of graduation. However, they said the diplomas would not be certificates of graduation for students who fail the MCAS.

In a meeting with a group of school superintendents last week, Education Commissioner David Driscoll told district officials their plan is illegal.  ''Giving diplomas to students who don't pass the competency exam is doing a disservice to students, and it is against the law,'' Department of Education spokeswoman Heidi Perlman said Monday.

Perlman said the department is preparing a formal response to the Hampshire  school committee, which oversees schools in Chesterfield, Goshen,  Southampton, Westhampton and Williamsburg.

 Hampshire school officials say they're waiting for that response before  taking any further action.

 ''We're not interested in breaking any laws,'' school superintendent
William  Erickson said. ''The decision that the committee made to hand out diplomas
 is an expression of our concern about the MCAS. We've made our point
 known.''

 Hampshire school committee members say the state is placing too much  importance on a single test, and are protesting the law requiring students  to pass the math and English portions of the MCAS in order to graduate,  beginning with the class of 2003.

 A similar idea may soon be before school officials in Amherst.

 ''It hasn't come up for consideration yet, but I wouldn't be surprised if  someone raises this at our next meeting,'' said Gus Sayer, school  superintendent for the Amherst Regional School District. The district  includes schools in Amherst, Pelham, Shutesbury and Leverett.  State officials say they're unaware of any other districts considering  awarding diplomas to students who fail the MCAS.

 George Fleck, chairman of the Hampshire school board, said local districts  should hand out diplomas, and the state should gives a separate certificate  to students who have passed the MCAS and have therefore graduated.

 He said students who meet every education requirement except passing the
 MCAS shouldn't be denied a diploma.

 ''If somebody wants to know what that diploma means, they ask for a  transcript of a person's grades,'' Fleck said. ''That's how you determine  whether this person excelled or just made it by. Diplomas only have value to  the recipient.''