RULES AND REGULATIONS
Title 22--EDUCATION
STATE BOARD OF EDUCATION
[22 PA. CODE CH. 4]
High School Graduation Requirements
[32 Pa.B. 5266] The State Board of Education (Board) amends § 4.24 (relating to high school graduation requirements) to read as set forth in Annex A. The Board is acting under authority of the Public School Code of 1949 (24 P. S. §§ 1-101--27-2702) and under mandate of section 32 of the act of June 29, 2002 (P. L. 524, No. 88) (Act 88).
The Board is submitting this final-omitted rulemaking as required by section 32 of Act 88. Section 32 of Act 88 states:
The State Board of Education shall adopt revisions to 22 Pa. Code § 4.24 (relating to high school graduation requirements) that, at a minimum, delete from the regulation the requirement that school districts affix to diplomas State Seals of Proficiency or Distinction. Due to the urgent need for an expedited but public regulatory process, the State Board of Education, in adopting such revised regulations, shall follow the procedures set forth in the act of July 31, 1968 (P. L. 769, No. 240), referred to as the Commonwealth Documents Law, and the act of June 25, 1982 (P. L. 633, No. 181), known as the Regulatory Review Act, for the promulgation and review of final-omitted regulations.This final-omitted rulemaking conforms to this mandate of the General Assembly.
Purpose
The purpose of amending § 4.24 is to: (1) remove the requirements for placing seals of proficiency and distinction on high school diplomas and noting this on student transcripts; (2) add requirements for school districts to issue certificates of proficiency or distinction, to be supplied by the Commonwealth, to students who score proficient or above on State-administered assessments; and (3) require the placement of Pennsylvania System of School Assessment (PSSA) scores on student transcripts starting in the 2003-04 school year.
Response to Comments
The amendments to § 4.24 did not undergo the proposed rulemaking process and are being submitted as a final-omitted rulemaking. Thus, there has been no formal public comment. However, a public process lead to the Board's decision to amend § 4.24.
With the support of the Secretary of Education and the assistance of the Senate Education Committee, the Board's Council of Basic Education (Council) conducted a special forum on the issue of student rewards to discuss issues related to the current language of § 4.24 and the requirement to place seals of proficiency or distinction on high school diplomas beginning in the 2002-03 school year. Nine individuals representing higher education, local school boards, students, parents, school administrators and business joined the forum discussion. The forum participants generally agreed to recommend that the Board amend § 4.24 to remove the requirement of placing seals on diplomas and to replace it with a requirement that districts issue separate certificates to reward students for performance on the State-administered PSSA but to include PSSA scores on student transcripts. The Board issued draft language reflecting the proposed amendments and mailed them to interested parties with an announcement that the Council would discuss the proposed change at its next meeting and allow time for members of the public to make comments during the meeting. Members of the public who provided comments at the Council meeting expressed views and concerns related to the possible impact of placing PSSA scores on the school transcripts of minority and poor children due to their historically poor performance on standardized tests.
At its meeting on May 16, 2002, the Board approved an amendment to § 4.24 that would require school districts to include PSSA scores on student transcripts, but implementation of this requirement was delayed by 1 year, until the 2003-04 school year. The intent of the Board is to motivate all students to put forth their best effort when taking the PSSA by raising the visibility and significance of individual student test results and by providing incentives for students who demonstrate proficiency or excellence in meeting the State academic standards.
Further deliberation of the merit of placing PSSA scores on transcripts will occur in the context of the scheduled review of the Chapter 4 (relating to academic standards and assessment) in its entirety in 2003.
Affected Parties
The final-omitted rulemaking will affect the students and professional employees of the public schools of this Commonwealth (including intermediate units, area vocational-technical schools, public charter and alternative schools).
Cost and Paperwork Estimates
The final-omitted rulemaking to § 4.24 will not substantially alter paperwork or cost requirements already in place under current § 4.24. Under current § 4.24, the Commonwealth would provide seals to districts to affix the seals to student diplomas. The final-omitted rulemaking would replace diploma seals with certificates provided to school districts by the Commonwealth. Districts would be responsible for affixing student names to the certificates and for distribution of certificates to eligible students. Districts are also currently responsible to note the award of seals of proficiency and distinction on student transcripts. Under the final-omitted rulemaking, this would be changed to require that the PSSA scores of students be placed on the student transcripts. The costs associated with noting award of a seal on student transcripts and noting PSSA scores on student transcripts are estimated to be comparable. It is also estimated that the cost associated with the human resources needed to meet the requirements is the same under both current and the final-omitted rulemaking.
Effective Date
The final-omitted rulemaking will become effective upon publication in the Pennsylvania Bulletin.
Sunset Date
The effectiveness of Chapter 4 (including § 4.24) will be reviewed by the Board in 2003, in accordance with the Board's policy and practice for reviewing all regulations of the Board. Thus, no sunset date is necessary.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on August 30, 2002, the Board submitted copies of this final-omitted rulemaking to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Education Committee and the Senate Education Committee. On the same date, the final-omitted rulemaking was submitted to the Office of Attorney General for review and approval under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506).
Under section 5.1(d) of the Regulatory Review Act, on September 4, 2002, this final-omitted rulemaking was deemed approved by the House Committee. On September 5, 2002, this final-omitted rulemaking was deemed approved by the Senate Committee. Under section 5.1(e) of the Regulatory Review Act, on September 26, 2002, IRRC met and approved this final-omitted rulemaking.
Contact Person
The official responsible for information on the final-omitted rulemaking is James Buckheit, Acting Executive Director, State Board of Education, 333 Market Street, Harrisburg, PA 17126-0333, (717) 787-3787, TDD (717) 787-7367.
Findings
The Board finds that:
(1) The rulemaking was submitted as final-omitted as required in section 32 of Act 88.
(2) The final-omitted rulemaking is 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 Chapter 4, are amended by amending § 4.24 to read as set forth at 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 publication in the Pennsylvania Bulletin.
JAMES BUCKHEIT,
Acting Executive Director(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 32 Pa.B. 5145 (October 12, 2002).)
Fiscal Note: 6-278. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 22. EDUCATION
PART I. STATE BOARD OF EDUCATION
Subpart A. MISCELLANEOUS PROVISIONS
CHAPTER 4. ACADEMIC STANDARDS AND ASSESSMENT
CURRICULUM AND INSTRUCTION § 4.24. High school graduation requirements.
(a) Each school district, including charter schools, shall specify requirements for graduation in the strategic plan under § 4.13 (relating to strategic plans). Requirements shall include course completion and grades, completion of a culminating project and results of local assessments aligned with the academic standards. Beginning in the 2002-2003 school year, students shall demonstrate proficiency in reading, writing and mathematics on either the State assessments administered in grade 11 or 12 or local assessment aligned with academic standards and State assessments under § 4.52 (relating to local assessment system) at the proficient level or better to graduate. The purpose of the culminating project is to assure that students are able to apply, analyze, synthesize and evaluate information and communicate significant knowledge and understanding.
(b) Beginning in the 2002-2003 school year, students who attain a score at the proficient level on any State assessed discipline administered in grade 10, 11 or 12 shall be granted a Pennsylvania Certificate of Proficiency for that discipline. Students with disabilities who meet the required proficiency level on State assessments with appropriate accommodations shall be granted a Pennsylvania Certificate of Proficiency.
(c) Beginning in the 2002-2003 school year, students who attain a score at the advanced level of proficiency on any State assessed discipline administered in grade 10, 11 or 12 shall be granted a Pennsylvania Certificate of Distinction for that discipline. Students with disabilities who meet the required proficiency level on State assessments with appropriate accommodations shall be granted a Pennsylvania Certificate of Distinction.
(d) Each school district, including charter schools, shall describe in its strategic plan under § 4.13 how its planned instruction is designed to prepare students to meet the requirements of subsection (a).
(e) Children with disabilities who satisfactorily complete a special education program developed by an Individualized Education Program team under the Individuals with Disabilities Education Act and this part shall be granted and issued a regular high school diploma by the school district of residence. This subsection applies if the special education program of a child with a disability does not otherwise meet all requirements of this chapter. Children with disabilities who meet the required proficiency level on State assessments shall be granted the appropriate Certificate of Proficiency or Distinction.
(f) The Department will develop Pennsylvania Certificates of Proficiency and Distinction for each of the State assessed disciplines. The Department will distribute the certificates to each school district in sufficient quantity for the school district to issue to its students who have earned the Certificates. School districts shall enter student names on the appropriate certificate as described in subsections (b) and (c) and present the certificates to the student.
(g) The Department will develop, or cause to be developed, Certificates of Proficiency so as to acknowledge and recognize those students who attain a level of at least proficient in all State assessed disciplines. The certificates must be distinctive and differentiated from the certificates described in subsection (f). The certificates shall be awarded to students as appropriate in lieu of those prescribed in subsection (b).
(h) The Department will develop, or cause to be developed, Certificates of Distinction so as to acknowledge and recognize those students who attain a score at the advanced level of proficiency in all State assessed disciplines. The certificates must be distinctive and differentiated from the certificates described in subsection (f). The certificates shall be awarded to students as appropriate in lieu of those prescribed in subsection (c).
(i) Beginning in the 2003-04 school year, PSSA scores in each assessed discipline shall be included on student transcripts and may be released only with the permission of the student and parent or guardian, or the student only if the student is 18 years of age or older.
(j) This section does not allow for the release of individual student PSSA scores to the Department or other Commonwealth entities in accordance with § 4.51(c) (relating to State assessment system).
[Pa.B. Doc. No. 02-1877. Filed for public inspection October 25, 2002, 9:00 a.m.]
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