RULES AND REGULATIONS
Title 22--EDUCATION
STATE BOARD OF EDUCATION
[22 PA. CODE CHS. 3--6]
Academic Standards and Assessment
[29 Pa.B. 399] The State Board of Education (Board) hereby deletes Chapters 3, 5 and 6 and adds a new Chapter 4 (relating to academic standards and assessment), to read as set forth in Annex A, under authority of the Public School Code of 1949 (24 P. S. §§ 1-101--27-2702).
Notice of proposed rulemaking was published at 28 Pa.B. 3875 (August 8, 1998) with an invitation to submit written comments within 30 days.
Purpose and Requirements
Chapter 4, which replaces Chapters 3, 5 and 6 (relating to student testing; curriculum; and vocational-technical education) provides single, clear, concise and comprehensive regulations focused on academic standards. For purposes of 1 Pa.C.S. § 1937 (relating to reference to statutes and regulations), this chapter is a new substitute for Chapters 3, 5 and 6. Chapter 4 sets forth requirements for instruction, graduation, strategic planning and assessment based on academic standards.
Comments and Responses
Forty-four letters were received by the Board during the formal public comment period on proposed Chapter 4. The House and Senate Education Committees, in considering the proposed amendments, each conducted 2 days of hearings during which more than 40 individuals and organizations came forward to offer their comments on the amendments. The results of those hearings were communicated in letters received by the Board from those Committees. Staff of the Independent Regulatory Review Commission (IRRC) offered further comments based on their review of public, House and Senate Education Committee comments as well as their independent review of the amendments. These comments added to the Board's understanding of issues developed in 26 hearings prior to drafting proposed amendments.
Support for the proposed amendments and the implementation of academic standards and assessments was broad-based, coming from educators, business leaders, parents and a variety of education professional organizations. Supporters of the proposed amendments agreed that academic standards are essential to improve the quality and accountability of education in this Commonwealth. This support was not unqualified; most of these parties offered suggestions for improvement and clarification of the document or suggested the reconsideration of certain key elements of the proposed amendments, or both. A number of individuals strongly disagreed with the design and direction of the final-form regulations. Many of them also suggested reconsideration of certain provisions of the proposed amendments. Few comments questioned the quality of the academic standards contained in Appendix A.
Graduation requirements. The Senate Committee, members of the House Committee and staff of IRRC sought greater clarity in the graduation requirements including a determination of whether and when a proficient level on State assessments is required for graduation. Language in § 4.24(a) (relating to high school graduation requirements) was amended in the final-form version to clarify that students graduating in 2002-2003 must demonstrate the attainment of academic standards in reading, writing and mathematics at the proficient level on State assessments or local assessments aligned with the academic standards and State assessments.
Strategic plan approval. Members of the House Education Committee recommended that the Department be required to approve strategic plans required under § 4.13 (relating to strategic plans) to be filed by school districts and area vocational technical schools (AVTSs). The Senate Committee commented that the Department should not be required to do so. The Board elected to make no revision to this section on final-form because the strategic planning process is well established in schools, and its submission to the Department should be sufficient to ensure that appropriate planning is taking place.
School entity. Public commentators, members of the House Committee, and the Senate Committee and IRRC staff suggested that the general phrase ''school entity'' obfuscated the distinct responsibilities of school districts, AVTSs and intermediate units under these amendments. Some commentators suggested that intermediate units might be in the position of developing curricula and graduation requirements for local schools. Comments were also received regarding the applicability of these amendments to charter schools. Specific reference to school districts (including charter schools) and AVTSs has replaced ''school entity.'' In a limited number of instances, reference is also made to intermediate units.
Aligning dates. Members of the House Committee, the Senate Committee and IRRC staff recommended that dates for implementation of various subsections be clarified and aligned. Changes have been made to align the dates for the implementation of new graduation requirements (§ 4.24(a)), seals of proficiency (§ 4.24(b) and (c)) on final-form. In addition, the date by which strategic plans under § 4.13 must be submitted has been revised in § 4.83 (relating to implementation schedule) on final-form.
Nondiscrimination language. Public commentators questioned the inclusion of sexual orientation in the nondiscrimination language in § 4.4(c) (relating to general policies) and questioned whether this offered protection for curriculum that might explore sexual orientation. The Board's intent is to protect a student's right to access to education and not specific elements of the curricula. IRRC staff recommended changing the language to more clearly state this intention. This language has been incorporated in § 4.4(c).
Additional elements in strategic plans. Members of the House Committee recommended that one element of the strategic plans under § 4.13 be a plan for the provision of additional instructional opportunities. IRRC staff recommended that examples of additional instructional opportunities as required under § 4.21(j) and (k) (relating to elementary education: primary and intermediate levels) be given in the final-form regulations. The Board added a requirement in § 4.13(c)(11) on final-form for a plan for additional instructional opportunities for students not achieving at the proficient level. The plan shall include identification procedures, alternate instructional strategies and opportunities for extended learning time. The Senate Committee recommended that a school safety plan be a required element of the strategic plan. After consideration, the Board decided that such a plan should be specified in Chapter 12 (relating to students) and will seek to add the requirement as it amends that chapter.
World language proficiency. Public commentators and members of the House Committee recommended the continuation of a world language proficiency requirement for graduation, which was being phased in slowly under Chapter 5. IRRC staff recommends that if it was not the Board's intent to require a world language proficiency for graduation then § 4.25(c) (relating to languages) should be eliminated. There was considerable discussion of and comment on this issue throughout the Board's deliberations. The Board did not add language to specifically require world language proficiency for graduation and eliminated § 4.25(c) in the final-form version. In doing so, the Board noted that, under § 4.12 (relating to academic standards) it is scheduled to adopt world language standards as a requirement for schools and students. At the time those standards are adopted, the relationship to graduation will be specified.
Opt-out provisions on State assessments. Public commentators recommended that parents be allowed to opt their children out of State assessments for any reason in § 4.4(d)(4). Some members of the House Committee supported a general opt-out provision while others recommended permitting no opting out of State assessments. The Senate Committee considered this issue and recommended that opt out be allowed only for religious reasons. The Board is concerned that continuing the general opt out provisions of Chapter 5 would limit the validity of the assessments and the information they can provide to the public about schools. No change was made in this provision in the final-form version.
Limitations on surveys. Section 4.4(d)(6) requires parental consent for students to participate in any research studies or surveys conducted by outside entities. Public commentators and members of the House Committee recommended that parental consent be required for research studies or surveys conducted by school districts. During the course of developing the proposed amendments, the Board heard concerns from educators that much of what schools do could be construed to be a study or survey, including tests, and that requiring parental consent for surveys would interfere in the normal operations of the school. Most school boards have in place policies on surveys and studies and procedures for their approval. No change was made in the final-form version.
Revise and add definitions. Members of the House Committee and IRRC staff suggested a definition be added for ''strategic plan''; the Board added this definition in the final-form version. IRRC staff recommend a clarification in definitions for ''instruction'' and ''planned instruction'' and asked that some of the definition of ''planned instruction'' be placed in § 4.11 (relating to purpose of public education). The Board eliminated a definition of ''instruction'' and amended the definition of ''planned instruction'' in § 4.3 (relating to definitions), and further described planned instruction in § 4.11(h) in the final-form version. The definition of ''parent or guardian'' in § 4.3 and ''irony'' in the glossary the reading, writing, speaking and listening standards of Appendix A have been modified in the final-form version according to the recommendation of IRRC staff.
Accommodations and alternate assessments for special education students. Public commentators, the Senate Committee and IRRC staff recommended that special education students have an opportunity to achieve seals of proficiency and distinction through accommodations on the State assessment. Additional comments suggested that achievement of proficiency on alternate forms of assessment or in standards of performance established in IEPs also qualify for seals. The Board decided that special needs students should be provided the necessary accommodations but must demonstrate the same level of attainment of academic standards to earn a seal. Language has been added to § 4.24(b),(c) and (f) to ensure that special education students provided with accommodations have the opportunity to earn the seals.
Submission of additional academic standards. Members of the House Committee, the Senate Committee and IRRC staff recommended a revision in the schedule for submission of additional academic standards occurring beyond the date of final rulemaking. The schedule has been revised under § 4.12(g). Public commentators questioned whether the additional academic standards would be promulgated through the regulatory review process. IRRC staff recommended that language be added to clarify the intent of the Board to promulgate additional academic standards. Language to that effect has been added to § 4.12(c).
Fiscal impact. Public commentators, members of the House and Senate Committees and IRRC staff commented on the potential cost of the implementation of these amendments. Additional information is found under the Cost and Paperwork Estimates section of this Preamble.
Add standards for agricultural education and vocational education. Public commentators, members of the House Committee, the Senate Committee and IRRC staff recommended that agricultural education be added under §§ 4.11(g) and 4.12(a) as a separate, multidisciplinary standard and that additional language regarding agricultural education be added in the curriculum listings in §§ 4.21--4.23. Minor changes in the description of the science and technology standards in § 4.12(a)(1) and in the description of agricultural education in the curriculum listing in § 4.22(c)(3) and (5) were made in the final-form version. The Board decided not to establish agricultural education as a separate standard area and noted that it would carefully review emerging standards in science and technology and environment and ecology to ensure that they include comprehensive standards for agricultural education. The Senate Committee and IRRC staff recommended the development of standards for vocational education and assessments based upon them. The Board is aware that much is being done to develop standards and assessments for the wide variety of vocational programs but believes that the current process for establishing standards and options for assessment are sufficient. The Board will continue to monitor the development of vocational skill standards and their readiness for inclusion in this chapter.
Comparability of local assessment. Members of the House and Senate Committees and IRRC staff recommended that there be established a process for determining the comparability of local assessment. Language under § 4.24(a) was changed so that local assessments must be aligned with academic standards and State assessments. The most certain evidence of the comparability or degree of alignment between these assessments will come from repeated administrations of State assessments and local assessments. If it becomes apparent that large numbers of students not achieving at the proficient level on State assessments are deemed proficient by local assessments, regulation and administrative review will become important. Until then, the Board does not feel the extra administrative burden for schools and the Department is warranted.
HIV/AIDS instruction. The Senate Committee recommended that § 4.29 (relating to HIV/AIDS and other life-threatening and communicable diseases), regarding instruction about HIV/AIDS be eliminated as a separate section and included under health and physical education. Discussion during the Senate Education Committee hearing on Chapter 4 questioned why HIV/AIDS should be singled out as a health concern when there were other life-threatening and communicable diseases about which students should learn. The Board decided to retain a separate section on HIV/AIDS in the final-form version and to expand it to include instruction in other life-threatening and communicable diseases.
Affidavit for religious and nonpublic schools. One public commentator, the Senate Committee and IRRC staff recommended that § 4.71 (relating to certification by principal of nonpublic nonlicensed school) be corrected to reflect current law and specifically the different instructional requirements for religious schools. In the final-form version, the Board elected to correct the citations to current law and to direct that the certification be filed in the form determined by the Secretary of Education, thus eliminating the affidavit in the body of the chapter.
Editing and correcting. Various drafting errors and changes recommended for clarity and consistency suggested by public commentators, members of the House Committee, the Senate Committee, IRRC staff and by the Board's own review were made in the final-form regulations.
Affected Parties
These final-form regulations affect the students and professional employes of the public schools of this Commonwealth (including intermediate units, AVTSs, public charter and alternative schools). Provisions in § 4.71 affect nonpublic nonlicensed schools. Sections 4.71--4.74 set forth provisions relating to and affecting students in other than public schools. Nothing in final-form Chapter 4 is intended to change or go beyond the current homeschooling law.
Cost and Paperwork Estimates
Chapter 5 required students to achieve a broad array of 53 learning outcomes prior to graduation. Chapter 4 will require students to achieve academic standards in specific academic areas during their education. The requirement in Chapter 5 for portfolio assessment of student work has been eliminated. These changes will yield modest cost savings to schools by: (1) focusing the curriculum; and (2) eliminating training and evaluation costs associated with portfolio assessment.
Costs to implement these final-form regulations for a school district or AVTS may include curriculum development, professional development of teachers and additional remediation efforts. Testimony and discussions during the development of these final-form regulations suggests that schools in this Commonwealth will require some additional resources to adjust to the new requirements. Schools have in place strategic planning processes, professional development systems, curriculum review and development processes, assessment systems and processes to monitor instruction and student progress. These components provide school districts and AVTSs with the foundation to integrate Chapter 4 requirements into their curriculum. Technical assistance in the implementation of academic standards will be provided by the Department and intermediate units.
The Commonwealth currently provides more than $5.6 billion to local schools, as part of the nearly $14 billion invested in elementary and secondary education by taxpayers, to educate students and to provide them with the skills and knowledge necessary to succeed in the workplace, in postsecondary studies and as citizens. These final-form regulations are designed to ensure that students are educated to high standards, and through the use of State assessments, to ensure that the citizens of this Commonwealth have a means to measure the ability of schools to deliver on their promise. State resources currently provided to schools should be sufficient to meet the general requirements of these final-form regulations.
To address the needs of schools in relation to specific elements of the final-form regulations, a $3 million line item was added in the 1998-99 Fiscal Year for the professional development of educators implementing academic standards. In addition, $20 million in Federal funds is available to support professional and curriculum development related to academic standards in current and subsequent fiscal years. Moneys to support the State assessment system were increased from $6 to $9 million in the current year appropriation to meet the requirements of these regulations. Continued increased funding is planned to cover both the ongoing expenses of curriculum and professional development and an expanded assessment system.
Much of the debate regarding potential costs for these final-form regulations centered on the identification of students not achieving proficiency in the early elementary years and the provision of additional instructional opportunities to enable them to achieve proficiency. This requirement supplements existing Federal, State and local programs designed to identify students in learning difficulty early and to provide additional efforts to develop their basic skills. The Governor has proposed $100 million over the next 4 years in the ''Read to Succeed'' program to support the identification and remediation of students not proficient in basic skills.
Chapter 4 requires limited, additional paperwork for school districts and AVTSs by calling for a plan that will provide additional learning opportunities for students not achieving proficiency as part of the strategic planning process under § 4.13.
Effective Date
These final-form regulations will become effective upon final publication in the Pennsylvania Bulletin.
Sunset Date
The effectiveness of Chapter 4 will be reviewed by the Board every 4 years, in accordance with the Board's policy and practice respecting all regulations promulgated by the Board. Thus, no sunset date is necessary.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Board submitted a copy of the notice of proposed rulemaking published at 28 Pa.B. 3875 to IRRC and to the Chairpersons of the House and Senate Committees on Education. In compliance with section 5(b.1) of the Regulatory Review Act, the Board also provided IRRC and the Committees with copies of the comments received as well as other documentation.
In preparing these final-form regulations, the Board has considered the comments received from IRRC, the Committees and the public.
These final-form regulations were approved by the House Education Committee on November 10, 1998, the Senate Education Committee on November 16, 1998, and were approved by IRRC on November 19, 1998, in accordance with section 5(c) of the Regulatory Review Act.
Contact Person
The official responsible for information on these final-form regulations is Peter H. Garland, Executive Director, State Board of Education, 333 Market Street, Harrisburg, PA 17126-0333, (717) 787-3787 or TDD (717) 787-7367.
Findings
The Board finds that:
(1) Public notice of the intention to adopt these final-form regulations was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder in 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) The regulations are necessary and appropriate for the administration of the Public School Code of 1949.
Order
The Board, acting under the authorizing statute, orders that:
(a) The regulations of the Board, 22 Pa. Code Chapters 3--6, are amended by adding §§ 4.1--4.4, 4.11--4.13, 4.21--4.29, 4.31--4.35, 4.41, 4.42, 4.51, 4.52, 4.61, 4.71--4.74, 4.81--4.84 and Appendix A; and by deleting §§ 3.1--3.4, 3.7, 3.11--3.13, 3.21, 3.22, 5.1--5.4, 5.201--5.203, 5.211--5.220, 5.221--5.223, 5.231, 5.232, 5.241--5.244 and 5.251--5.253, 6.1--6.3, 6.21--6.23, 6.52, 6.63, 6.71 and 6.81 to read as set forth in Annex A.
(b) The Executive Director will submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form as required by law.
(c) The Executive Director of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order is effective upon final publication in the Pennsylvania Bulletin.
PETER H. GARLAND,
Executive Director(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 28 Pa.B. 5920 (December 5, 1998).)
Fiscal Note: Fiscal Note 6-265 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 22. EDUCATION
PART I. STATE BOARD OF EDUCATION
CHAPTER 3. (Reserved) §§ 3.1--3.4. (Reserved).
§ 3.7. (Reserved).
§§ 3.11--3.13. (Reserved).
§ 3.21. (Reserved).
§ 3.22. (Reserved).
CHAPTER 4. ACADEMIC STANDARDS AND ASSESSMENT
GENERAL PROVISIONS Sec.
4.1. Statutory authority. 4.2. Purpose. 4.3. Definitions. 4.4. General policies.
ACADEMIC STANDARDS AND PLANNING
4.11. Purpose of public education. 4.12. Academic standards. 4.13. Strategic plans.
CURRICULUM AND INSTRUCTION
4.21. Elementary education: primary and intermediate levels. 4.22. Middle level education. 4.23. High school education. 4.24. High school graduation requirements. 4.25. Languages. 4.26. ESOL. 4.27. Physical education and athletics. 4.28. Special education. 4.29. HIV/AIDS and other life-threatening and communicable diseases.
VOCATIONAL-TECHNICAL EDUCATION
4.31. Vocational-technical education. 4.32. Standards and reports. 4.33. Advisory committees. 4.34. Programs and equipment. 4.35. AVTSs.
SCHEDULING AND LEARNING OPTIONS
4.41. Scheduling. 4.42. Grade structure.
ASSESSMENT
4.51. State assessment system. 4.52. Local assessment system.
SCHOOL PROFILES
4.61. School profiles.
PROVISIONS RELATING TO OTHER THAN PUBLIC SCHOOLS
4.71. Certification by principal of nonpublic nonlicensed school. 4.72. Credentials other than the high school diploma. 4.73. Correspondence schools. 4.74. Students in special situations.
ENFORCEMENT AND IMPLEMENTATION
4.81. Allegations of deficiencies. 4.82. Exceptions. 4.83. Implementation schedule.
GENERAL PROVISIONS § 4.1. Statutory authority.
The statutory authority for this chapter is the School Code.
§ 4.2. Purpose.
The purpose of this chapter is to establish rigorous academic standards and assessments to facilitate the improvement of student achievement and to provide parents and communities a measure by which school performance can be determined.
§ 4.3. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
AVTS--Area vocational-technical school--A public school that provides vocational-technical education to secondary school students, out-of-school youth and adults in a geographical area comprised and operated by one or more school districts and established under sections 1840--1853 of the School Code (24 P. S. §§ 18-1840--18-1853).
Academic standard--What a student should know and be able to do at a specified grade level.
Assessment--A valid and reliable measurement of student performance on a set of academic standards in a subject area.
Apprenticeship program--A competency-based program that coordinates and integrates classroom instruction with a structured work-based employment experience designed for students.
Board--The State Board of Education established by sections 2601-B--2606-B of the School Code (24 P. S. §§ 26-2601-B--26-2606-B).
Cooperative vocational-technical education--A planned method of instruction developed through a signed cooperative arrangement among school representatives, students, parents and employers in the community to provide students with an opportunity to alternate in-school academic and vocational-technical instruction in entry-level paid employment in an occupational field, in which the student's total occupational work experience is planned, coordinated and supervised by the school in close cooperation with the employer.
Curriculum--A series of planned instruction that is coordinated and articulated and implemented in a manner designed to result in the achievement by all students of specific knowledge and skills and the application of this knowledge.
Department--The Department of Education of the Commonwealth.
ESOL--English to speakers of other languages.
Employment area--A geographic area where vocational-technical education program completers are most likely to be employed.
Individuals with Disabilities Education Act--20 U.S.C.A. §§ 1400--1485.
Intermediate unit--A regional educational service agency established under sections 951--974 of the School Code (24 P. S. §§ 9-951--9-974), which provides educational services to participating school districts as part of the public school system of this Commonwealth.
Parent or guardian--A person legally responsible for a student's care.
Planned instruction--Instruction offered by a school district or AVTS based upon a written plan to enable students to achieve the academic standards under § 4.12 (relating to academic standards) and additional academic standards determined in strategic plans under § 4.13 (relating to strategic plans).
School Code--The Public School Code of 1949 (24 P. S. §§ 1-101--27-2702).
Secretary--The Secretary of Education of the Commonwealth.
School organization--The organization of a school district's programs into kindergarten, primary, intermediate level, middle level and high school programs, including programs operated at AVTSs.
Strategic plan--A comprehensive plan for education developed under § 4.13.
Tech-prep program--A combined secondary and postsecondary program which leads to an associate degree or certificate and employment by providing technical preparation in engineering technology, applied science, mechanical, industrial or practical art or trade, agriculture, health or business, including development of competence in mathematics, science and communications through a sequential course of study.
Vocational-technical education--Programs under public supervision and control which provide an organized process of learning experiences designed to develop integrated academic and occupational skills, knowledge, attitudes, work habits and leadership ability for entry into and advancement within various levels of employment in occupational areas of agriculture, business, marketing and distribution, health, home economics and trade and industry and for participation in postsecondary education and training.
§ 4.4. General policies.
(a) It is the policy of the Board that the local curriculum be designed by school districts (including charter schools) and AVTSs to achieve the academic standards under § 4.12 (relating to academic standards) and additional academic standards designated in strategic plans under § 4.13 (relating to strategic plans).
(b) It is the policy of the Board that local school districts (including charter schools) and AVTSs have the greatest possible flexibility in curriculum planning consistent with providing quality education and in compliance with the School Code, including requirements for courses to be taught (24 P. S. §§ 15-1501 and 16-1605), subjects to be taught in the English language (24 P. S. § 15-1511), courses adapted to the age, development and needs of the pupils (24 P. S. § 15-1512), minimum school year of 180 days and minimum of 900 hours of instruction at the elementary level and 990 hours of instruction at the secondary level (24 P. S. §§ 15-1501 and 15-1504), employment of sufficient numbers of qualified professional employes (24 P. S. § 11-1106) and superintendents to enforce the curriculum requirements of State law (24 P. S. § 10-1005), and this part.
(c) Access to educational programs shall be provided without discrimination on the basis of a student's race, sex, color, religion, disability, sexual orientation or national origin.
(d) School districts (including charter schools), AVTSs and intermediate units shall adopt policies to assure that parents or guardians have the following:
(1) Access to information about the curriculum, including academic standards to be achieved, instructional materials and assessment techniques.
(2) A process for the review of instructional materials.
(3) The right to have their children excused from specific instruction which conflicts with their religious beliefs, upon receipt by the school district (including charter schools), AVTS or intermediate unit of a written request from the parents or guardians.
(4) If upon inspection of State assessments parents or guardians find the assessments in conflict with their religious belief and wish their student be excused from the assessment, the right of the parents or guardians will not be denied upon written request to the applicable school district superintendent or AVTS director.
(5) Opportunity for involvement in the strategic planning process under § 4.13.
(6) The right to have their children excluded from research studies or surveys conducted by entities other than the school district (including charter schools), AVTS or intermediate unit unless prior written consent has been obtained.
(7) The right of the parent or guardian to review the State assessments in the school district 2 weeks prior to their administration during convenient hours for parents and guardians. All necessary security requirements to maintain the validity of the assessment shall be taken in accordance with the State assessment administration instructions.
ACADEMIC STANDARDS AND PLANNING § 4.11. Purpose of public education.
(a) This section and §§ 4.12 and 4.13 (relating to academic standards and planning) describe the purpose of public education, the academic standards, their relationship with one another and strategic plans.
(b) Public education prepares students for adult life by attending to their intellectual and developmental needs and challenging them to achieve at their highest level possible. In conjunction with families and other community institutions, public education prepares students to become self-directed, life-long learners and responsible, involved citizens.
(c) Together with parents, families and community institutions, public education provides opportunities for students to:
(1) Acquire knowledge and skills.
(2) Develop integrity.
(3) Process information.
(4) Think critically.
(5) Work independently.
(6) Collaborate with others.
(7) Adapt to change.
(d) The academic standards describe the knowledge and skills which students will be expected to demonstrate before graduating from a public school.
(e) Achievement of high academic standards in public education is dependent upon the quality of instruction in schools and student effort supported by the involvement of family and community.
(f) Assessment in public education is designed to determine student attainment of State and local academic standards.
(g) Public schools provide instruction throughout the curriculum so that students may develop knowledge and skills in the following areas:
(1) Reading, writing, speaking and listening.
(2) Mathematics.
(3) Science and technology.
(4) Environment and ecology.
(5) Social studies (civics and government, geography, economics and history).
(6) Arts and humanities.
(7) Career education and work.
(8) Health, safety and physical education.
(9) Family and consumer science.
(10) World languages.
(h) Public education provides planned instruction to enable students to attain academic standards under § 4.12. Planned instruction consists of at least the following elements:
(1) Objectives of a planned course, instructional unit or interdisciplinary studies to be achieved by all students.
(2) Content, including materials and activities, and estimated instructional time to be devoted to achieving the academic standards. Courses, instructional units or interdisciplinary studies of varying lengths of time may be taught.
(3) The relationship between the objectives of a planned course, instructional unit or interdisciplinary studies and academic standards specified under § 4.12 (relating to academic standards) and to those determined in the school district's (including charter schools) or AVTS's strategic plan under § 4.13 (relating to strategic plans).
(4) Procedures for measurement of the objectives of a planned course, instructional unit or interdisciplinary studies.
§ 4.12. Academic standards.
(a) School districts (including charter schools) or AVTSs may develop, expand or improve existing academic standards in the following content areas until the Board adopts standards under subsection (g) and rescinds the description of the corresponding content area:
(1) Science and technology. Study of the natural world and facts, principles, theories and laws in the areas of biology, chemistry, physics and earth sciences. Technology is the application of science to enable societal development including food and fiber production, manufacturing, building, transportation and communication. Science and technology share the use of the senses, science processes, inquiry, investigation, analysis and problem solving strategies.
(2) Environment and ecology. Understanding the components of ecological systems and their interrelationships with social systems and technologies. These components incorporate the disciplines of resource management, agricultural diversity, government and the impact of human actions on natural systems. This interaction leads to the study of watersheds, threatened and endangered species, pest management and the development of laws and regulations.
(3) Social studies.
(i) History. Study of the record of human experience including important events; interactions of culture, race and ideas; the nature of prejudice; change and continuity in political systems; effects of technology; importance of global-international perspectives; and the integration of geography, economics and civics studies on major developments in the history of the Commonwealth, the United States and the world.
(ii) Geography. Study of relationships among people, places and environments, of geographic tools and methods, characteristics of place, concept of region and physical processes.
(iii) Civics and government. Study of United States constitutional democracy, its values and principles, study of the Constitution of the Commonwealth and government including the study of principles, operations and documents of government, the rights and responsibilities of citizenship, how governments work and international relations.
(iv) Economics. Study of how individuals and societies choose to use resources to produce, distribute and consume goods and services. Knowledge of how economies work, economic reasoning and basic economic concepts, economic decision making, economic systems, the Commonwealth and the United States economy and international trade.
(4) Arts and humanities. Study of dance, theatre, music, visual arts, language and literature including forms of expression, historical and cultural context, critical and aesthetic judgment and production, performance or exhibition of work.
(5) Career education and work. Understanding career options in relationship to individual interests, aptitudes and skills including the relationship between changes in society, technology, government and economy and their effect on individuals and careers. Development of knowledge and skill in job-seeking and job-retaining skills and, for students completing vocational-technical programs, the skills to succeed in the occupation for which they are prepared.
(6) Health, safety and physical education. Study of concepts and skills which affect personal, family and community health and safety, nutrition, physical fitness, movement concepts and strategies, safety in physical activity settings, and leadership and cooperation in physical activities.
(7) Family and consumer science. Understanding the role of consumers as a foundation for managing available resources to provide for personal and family needs and to provide basic knowledge of child health and child care skills.
(8) World languages. Ability to communicate in a language other than English, including the ability to understand and interpret written and spoken language on a variety of topics and to develop knowledge and understanding of other cultures.
(b) In designing educational programs, school districts (including charter schools) and AVTSs shall provide for the attainment of the academic standards under subsections (a) and (c) and any additional academic standards which they describe in their strategic plans under § 4.13(c) (relating to strategic plans). Attaining the academic standards in this section requires students to demonstrate the acquisition and application of knowledge.
(c) School districts (including charter schools) and AVTSs shall prepare students to attain academic standards in mathematics, reading, writing, speaking and listening as contained in Appendix A and incorporated here by reference and additional standards as may be adopted by the Board and promulgated as amendments to this chapter.
(d) A school district's (including charter schools) or AVTS's curriculum shall be designed to provide students with instruction needed to attain these academic standards.
(e) School districts (including charter schools) and AVTSs shall apply academic standards for students in all areas described under subsections (a) and (c). The local assessment plan under § 4.52 (relating to local assessment system) shall include a description of how the academic standards will be measured and how information from the assessments is used to assist students having difficulty meeting the academic standards.
(f) School districts (including charter schools) and AVTSs shall assess the attainment of academic standards developed under subsections (a) and (c) and any other academic standards which they develop and describe in their strategic plans under § 4.52(c) for purposes of high school graduation and strategies for assisting students to attain them. Plans for assessment developed by school districts (including charter schools) and AVTSs will take into account that academic standards in subsections (a) and (c) may be attained by students in various ways and shall be assessed in various ways. Children with disabilities may attain the academic standards by completion of their Individualized Education Programs under the Individuals with Disabilities Education Act and this part.
(g) In developing academic standards in subsection (a) content areas, the Secretary will consult with educators, business and community leaders and parents. Academic standards in the following content areas will be developed by the Secretary and presented to the Board no later than the following schedule:
April, 1999 Science and Technology
Environment and Ecology
Health, Safety and Physical Education
Civics and GovernmentJune, 1999 Arts and Humanities October, 1999 Family and Consumer Sciences
Economics
GeographySeptember, 2000 History
Career Education and Work
World Languages(h) School districts (including charter schools) and AVTSs are responsible under subsections (a), (c), (g) and § 4.13(c)(5) for assessing individual student attainment of academic standards and for assisting those students having difficulty attaining them. Upon request by a school district (including charter schools) or AVTS, the Department will provide the requestor with technical assistance in the development of academic standards and assessments that are sufficient to assure that students are making progress toward the attainment of standards required for high school graduation under subsection (f) and those identified in the strategic plan under § 4.13(c)(3).
(i) Every 3 years, the Board will review the State academic standards and State assessments under this section to determine if they are appropriate, clear, specific and challenging, and will make revisions as necessary by revising this chapter.
§ 4.13. Strategic plans.
(a) Every school district (including charter schools) shall develop and file with the Department a strategic plan once every 6 years and review that plan for revision at the mid-point according to an implementation schedule developed by the Department under § 4.83 (relating to implementation schedule). A school district plan shall incorporate appropriate components of the plan submitted under subsection (b) by an AVTS in which the district participates. In the development of a strategic plan, a school district (including charter schools) will, upon request, receive technical assistance from the Department.
(b) Every AVTS, in conjunction with and with the approval of the majority of its participating school districts, shall develop and file with the Department a strategic plan once every 6 years and review that plan at the mid-point according to an implementation schedule developed by the Department under § 4.83. The strategic plan shall incorporate appropriate components of the strategic plan submitted under subsection (a) by participating districts. In the development of the strategic plan, an AVTS will, upon request, receive technical assistance from the Department.
(c) The strategic plan shall be based upon an analysis of internal and external needs, leading to the specification of priorities for action and action plans. The requirement in subsections (a) and (b) to develop plans every 6 years and revisions every 3 years does not limit a school district's (including charter schools) or AVTS's ability to conduct a continuous strategic planning process. The plan shall include the following components in addition to others the school district (including charter schools) or AVTS determines to include:
(1) A mission statement.
(2) A listing of the school district's (including charter schools) or AVTS's educational and organizational goals as they relate to student achievement and high school graduation requirements.
(3) A description of academic standards for student achievement which shall be consistent with those under § 4.12 (relating to academic standards).
(4) The planned instruction to be offered and the instructional and assessment practices to be used to strive for the academic goals and attain academic standards under paragraph (3) and the high school graduation requirements under § 4.24 (relating to high school graduation requirements).
(5) An assessment plan under § 4.52 (relating to local assessment system) designed to determine the degree to which students are achieving academic standards under paragraph (3) including descriptions of methods and measures used to determine achievement, how information from the assessments shall be used to assist students who have not demonstrated attainment of the academic standards at a proficient level or higher and how information from the assessments shall be made available to the public.
(6) A plan for improving students' achievement, including specific, measurable goals for student growth and plans (including those listed in this section) that are designed to attain students' achievement goals. Achievement goals shall demonstrate a connection to the academic standards under § 4.12 including but not limited to annual improvement goals for student scores on State and local assessments.
(7) The professional development plan under section 1205.1 of the School Code (24 P. S. § 12-1205.1) and § 49.17 (relating to continuing professional development) and the induction plan under § 49.16 (relating to approval of induction plans).
(8) A description of the school district's (including charter schools) or AVTS's organization and organizational goals and their relationship to differing student needs within the school district's (including charter schools) or AVTS's goals under paragraph (2) and the attainment of academic standards under paragraph (3).
(9) A description of the professional personnel, school library, classroom and other resources the school district (including charter schools) or AVTS plans to devote to the attainment of academic standards.
(10) A brief description of the process used to develop the strategic plan, including a list of persons involved in its development.
(11) A plan for additional instructional opportunities for students not achieving at the proficient level including identification procedures, alternate instructional strategies, monitoring of assessment procedures and opportunities for extended learning time.
(d) Strategic plans shall be developed through active participation by parents, students, school directors, teachers, school administrators, other school personnel, business and other community representatives. Teacher representatives shall be chosen by teachers, and administrative representatives shall be chosen by the administrative personnel, and school director representatives shall be chosen by the board of the school district or AVTS.
(e) Prior to its approval by the board of directors, the strategic plan and revisions of it shall be made available for public inspection in the school district's or AVTS's offices and nearest public library until the next regularly scheduled board meeting or a minimum of 28 days whichever comes first. The plan shall be filed with the Department after it is recommended by the school superintendent of record and is approved by the school district's or AVTS's board of directors. If the board of directors alters the proposed strategic plan developed under subsection (d), it shall consult with the committee which developed it to reach the greatest possible consensus prior to its submission and shall include any minority report which is developed.
(f) A locally approved strategic plan shall remain in effect until it is superseded by a locally approved revision or a new strategic plan developed under this section.
CURRICULUM AND INSTRUCTION § 4.21. Elementary education: primary and intermediate levels.
(a) The primary program shall ordinarily be completed by children who are approximately 8 years of age. School districts shall provide opportunities for individualized rates of learning and social and emotional development that reflect differing rates of development and learning styles of young children.
(b) Curriculum and instruction in the primary program shall focus on introducing young children to formal education, developing an awareness of the self in relation to others and the environment, and developing skills of communication, thinking and learning.
(c) The intermediate level program shall ordinarily be completed by children who are approximately 11 years of age.
(d) Curriculum and instruction in the intermediate level program shall continue the development of communication, thinking and learning skills and shall begin to focus on learning specific subject matter content.
(e) Planned instruction in the following areas shall be provided to every student every year in the primary program. Planned instruction may be provided as separate course or as an instructional unit within another course or other interdisciplinary instructional activity.
(1) Language arts, integrating reading, writing, phonics, spelling, listening, speaking, literature and grammar, and information management, including library skills.
(2) Mathematics, including problem-solving and computation skills.
(3) Science and technology education, involving active learning experiences for students.
(4) Environment and ecology education, involving active learning experiences for students.
(5) Social studies (civics and government, economics, geography and history).
(6) Health, safety and physical education, including instruction in concepts and skills which affect personal, family and community health and safety, nutrition, physical fitness, movement concepts, motor skill development, safety in physical activity settings, and the prevention of alcohol, chemical and tobacco abuse.
(7) The arts, including active learning experiences in art, music, dance and theatre.
(f) Planned instruction in the following areas shall be provided to every student every year in the intermediate level program. Planned instruction may be provided as a separate course or as an instructional unit within another course or other interdisciplinary instructional activity:
(1) Language arts, integrating reading, writing, spelling, listening, speaking, literature and grammar.
(2) Mathematics, including problem-solving and computation skills.
(3) Science and technology, including, when appropriate, instruction about agriculture and agricultural science.
(4) Environment and ecology, including, when appropriate, instruction about agriculture and agricultural science.
(5) Social studies (civics and government, economics, geography and history).
(6) The arts, including art, music, dance and theatre.
(7) Understanding and use of library and other information sources.
(8) Health, safety and physical education, including instruction in concepts and skills which affect personal, family and community health and safety, nutrition, physical fitness, movement concepts, motor skill development, safety in physical activity settings, and the prevention of alcohol, chemical and tobacco abuse.
(g) Planned instruction in the following areas shall be provided to every student at least once by the end of elementary school. Planned instruction may be provided as a separate course or as an instructional unit within another course or other interdisciplinary instructional activity. See section 1511 of the School Code (24 P.S. § 15-1511).
(1) History of the United States.
(2) History of the Commonwealth.
(3) Geography.
(4) Civics.
(h) This section does not preclude the teaching of other planned instruction designed to achieve a school district's, including charter schools, mission, goals and academic standards.
(i) School districts, including charter schools, shall determine the most appropriate way to operate their primary and intermediate level elementary programs to achieve the purposes under subsections (b) and (d) and the mission, goals and academic standards in their strategic plans under § 4.13 (relating to strategic plans).
(j) Beginning in the 2001-2002 school year, students who have not achieved proficiency in reading and mathematics during their primary grades (K--3), as determined by the school district, (including charter schools) shall be afforded additional instructional opportunities through a grade-level learning plan developed by the school district (including charter schools). The plan will assist the student in acquiring the knowledge and skills necessary to achieve at the proficient level. Assessments to measure proficiency shall be described in the local assessment system under § 4.52 (relating to local assessment system).
(k) Beginning in the 2001-2002 school year, students who have not achieved proficiency in reading and mathematics by the end of grade 5 as determined on State assessments under § 4.51 (relating to State assessment system) shall be afforded instructional opportunities to develop knowledge and skills necessary to achieve the proficient level.
§ 4.22. Middle level education.
(a) The middle level program ordinarily serves children who are approximately 11--14 years of age. School districts, including charter schools, may modify the grouping of students based upon student needs identified in their strategic plans under § 4.13 (relating to strategic plans).
(b) Curriculum and instruction in the middle level program shall focus on mastery of academic subjects, the development of critical and creative thinking, information literacy, good health and encourage active participation in the school and community.
(c) Planned instruction in the following areas shall be provided to every student in the middle level program. Planned instruction may be provided as a separate course or as an instructional unit within a course or other interdisciplinary instructional activity:
(1) Language arts, integrating reading, writing, listening, speaking, literature and grammar.
(2) Mathematics, including mathematical reasoning, algebra and problem-solving.
(3) Science and technology, which involves active learning experiences and which may include laboratory experiments and, when appropriate, instruction in agriculture and agricultural science.
(4) Social studies (civics and government, economics, geography and history, including the history and cultures of the United States, the Commonwealth, and the world).
(5) Environment and ecology, including social, political and economic aspects of ecology and when appropriate, instruction in agriculture and agricultural sciences.
(6) Information skills, including access to traditional and electronic information sources, computer use and research.
(7) Health, safety and physical education, including instruction in concepts and skills which affect personal, family and community health and safety, nutrition, physical fitness, movement concepts, motor skill development, safety in physical activity settings, and the prevention of alcohol, chemical and tobacco abuse.
(8) The arts, including art, music, dance and theatre.
(9) Career education, including exposure to various career options and the educational preparation necessary to achieve those options.
(10) Technology education, emphasizing practical application of academic skills and problem-solving experiences facilitated by technology.
(11) Family and consumer science, including principles of consumer behavior and basic knowledge of child health and child care skills.
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