PROPOSED RULEMAKING
STATE BOARD
OF EDUCATION
[22 PA. CODE CH. 4]
Academic Standards and Assessment
[35 Pa.B. 6107] The State Board of Education (Board) proposes to amend Chapter 4 (relating to academic standards and assessment) to read as set forth in Annex A. The Board is acting under the authority of section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B).
Purpose
Chapter 4 sets forth requirements for instruction, graduation, strategic planning and assessment based on academic standards for this Commonwealth's public schools.
Requirements of the Proposed Rulemaking
The proposed rulemaking amends the following items:
Throughout the chapter, when appropriate, the term ''school entity'' replaces the term ''school district'' to reflect that, in addition to school districts, intermediate units, area vocational-technical schools, cyber charter schools and independent schools are covered by the regulations.
§ 4.3 (relating to definitions). The Board amends the existing definitions for the terms ''assessment'' and ''curriculum.'' The State Board also proposes to add new definitions for the terms ''prekindergarten,'' ''school entity'' and ''world language.''
§ 4.4(d)(4)--(7) (relating to general policies). The Board proposes to reorder the sequence of § 4.4(d)(4)--(7) to clarify that parents and guardians may review State assessments and must review them if they wish to have their children excused from the assessment should it conflict with their religious belief.
§ 4.11(g)(10) (relating to purpose of public education). The Board proposes to delete world languages as one of the academic areas for which Board approved academic standards are to be issued. This proposed amendment has the effect of requiring school entities to offer world language instruction in at least two languages to all students.
§ 4.12(a) (relating to academic standards). The Board proposes to delete transitional provisions that are no longer necessary.
§ 4.12(a)(8). The Board proposes to delete world languages as one of the academic areas for which Board approved academic standards are to be issued.
§ 4.12(a)(8) and (9). The Board proposes to add reading, writing, speaking and listening, and mathematics to the list of areas for which academic standards are established. This proposed technical change is necessary to include these standards in the Board's periodic review of academic standards.
§ 4.12(g). The Board proposes to delete the implementation schedule under which the Secretary of Education is required to present academic standards to the Board.
§ 4.13 (relating to strategic plans). The Board proposes to amend the strategic planning requirements to focus school entity plans on strategic, rather than operational, issues and to enable the Department of Education (Department) to consolidate multiple strategic planning requirements into a single, comprehensive plan. The proposed amendments also require school entities to address how they will coordinate activities with the Commonwealth's priorities and major initiatives.
§ 4.21(a) (relating to elementary education: primary and intermediate levels). The Board proposes to add as an option that elementary education programs include prekindergarten.
§ 4.21(b). The Board proposes to extend the focus of the primary level elementary program to literacy skills.
§ 4.21(d). The Board proposes to amend this subsection to provide that primary level elementary instruction shall be standards-based and designed to prepare students to reach the proficient level on local and State assessments.
§ 4.21(b) and (e) and §§ 4.22(a) and (b) and 4.23(b) and (c) (relating to middle level education; and high school education). The Board proposes to amend these sections to include new language to clarify that curriculum and instruction are to be standards-based and instruction is to be aligned with State academic standards.
§ 4.21(e)(6) and (8). The Board proposes to amend and clarify the requirements for health, safety and physical education to include knowledge and practice of lifetime physical activity, personal fitness, basic movement skills and concepts, principles and strategies of movement, and safety practices in physical activity.
§ 4.23(c)(9). The Board proposes to amend § 4.23(c)(9) regarding family and consumer science instruction to include basic knowledge of early literacy skill development.
§ 4.25(a) (relating to languages). The Board proposes to add to subsection (a) a requirement that the Department issue standards for world language instruction and to define the requirements for these standards. The Board proposes to maintain the long-standing requirement that every school district provide planned instruction in at least two languages, one of which is to be in a modern language and one of which is to be offered in a 4-year sequence in the secondary program.
§ 4.27(b) (relating to physical education and athletics). The Board proposes to clarify the requirement that physical education shall be adapted for students who are medically unable to participate in the regular program.
§ 4.29(a) (relating to HIV/AIDS and other life-threatening and communicable diseases). The Board proposes to clarify that instruction in the prevention of HIV/AIDS and other life-threatening diseases shall be provided to every student and the instruction must be aligned with the academic standards for health.
§ 4.29(b). The Board proposes to amend § 4.29(b) to emphasize that instruction and educational materials used in HIV/AIDS instruction are determined by the local school district in accordance with criteria in § 4.29(c)--(e).
§ 4.29(c). The Board proposes to amend language to recommend that a school district's age appropriate planned instruction conform to the Center for Disease Control and Prevention's guidelines and that school districts be permitted to omit instruction in the elementary grades respecting transmission of disease through sexual activity. The Board also proposes to amend § 4.29(c) to explain that instruction shall stress that abstinence from sexual activity is the only completely reliable means of preventing sexual transmission and that avoidance of illegal drug use is the only completely reliable means of preventing transmission through shared drug paraphernalia.
§ 4.29(d). The Board proposes to amend § 4.29(d) to provide that a student shall be excused from HIV/AIDS instruction when the instruction conflicts with religious beliefs, after an inspection of the instructional materials and upon receipt of a written request from the parents or guardians.
§ 4.29(e). The Board proposes to amend § 4.29(e) to provide that school entities shall publicize that detailed curriculum and materials used for HIV/AIDS instruction are available to parents and guardians for review during normal school hours or at teacher-parent conferences.
§ 4.31(a) (relating to vocational technical education). The Board proposes to add language clarifying that students who complete vocational-technical education programs are to have their occupational competency assessed through the Pennsylvania Skills Certificate Program or by another assessment program approved by the Department. The Board also proposes to amend § 4.31(a) to require students to demonstrate proficiency in meeting State academic standards.
§ 4.31(c). The Board proposes to add language to § 4.31(c) to encourage vocational-technical education programs to adopt industry recognized skill standards when available.
§ 4.33(c) (relating to advisory committees). The Board proposes to amend § 4.33(c) to clarify that the occupational advisory committee shall have a majority of its members who are employees and employers in the occupation for which training is provided.
§ 4.51(a)(1) (relating to State assessment system). The Board proposes to amend § 4.51(a)(1) to expand the purpose of the State assessment to include providing students, parents, educators and citizens with an understanding of student and school performance consistent with the No Child Left Behind Act of 2001 (Pub. L. No. 107-110, 115 Stat. 1425).
§ 4.51(b). The Board proposes to amend § 4.51(b) to clarify that State assessment instruments administered in grades 5, 8 and 11 for reading and mathematics, and in grades 6, 9 and 11 for writing, will be standards-based and include essay or open-ended responses in addition to other formats.
§ 4.51(d). The Board proposes to amend § 4.51(d) to require that the State assessment be administered in reading and mathematics in grades 3, 4, 5, 6, 7, 8 and 11; in writing in grades 6, 9 and 11; and in science in grades 4, 7 and 10.
§ 4.51(g)(1). The Board proposes to amend § 4.51(g)(1) to update the statutory reference to the Professional Educator Discipline Act (24 P. S. §§ 2070.1a--2070.18a).
§ 4.51(j). The Board proposes to amend § 4.51(j) to add a requirement that children with limited English proficiency be included in the State assessment as required by Federal law.
§ 4.52(c) (relating to local assessment system). The Board proposes to amend § 4.52(c) to clarify the requirements for when a school entity chooses to use a local assessment to determine whether a student is proficient for purposes of high school graduation. The proposed amendment would provide that the local assessment shall be described in the school entity's strategic plan, be comparable to the proficiency levels used for the State assessment, describe how an entity will be evaluated for compliance with the requirement and the consequence of any identified disparity between State and local proficiency levels.
§ 4.61(a) (relating to school profiles). The Board proposes to amend § 4.61(a) to align the requirements for school profiles with Federal and State law.
§ 4.83 (relating to implementation schedule). The Board proposes to delete the transitional provisions and implementation schedule that were needed when Chapter 4 was first promulgated in January 1999.
Affected Parties
The proposed rulemaking affects the student and professional employees of the public schools of this Commonwealth.
Cost and Paperwork Estimates
The proposed rulemaking will not result in added costs or savings to the Department or school entities since they clarify current requirements. One new report is required to be submitted to the Department by school entities that use local assessments to determine whether students are proficient in reading, writing and mathematics for purposes of graduation from high school. Any cost associated with the preparation and submission of this report is anticipated to be minimal.
Effective Date
The proposed rulemaking will become effective upon final-form publication in the Pennsylvania Bulletin.
Sunset Date
The Board will review the effectiveness of Chapter 4 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)), on September 26, 2005, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Committees on Education. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comments and Contact Person
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Jim Buckheit, Executive Director, State Board of Education, 333 Market Street, Harrisburg, PA 17126-0333 within 30 days following publication in the Pennsylvania Bulletin.
Persons with disabilities needing an alternative means of providing public comment may make arrangements by calling Jim Buckheit at (717) 787-3787 or TDD (717) 787-7367.
JIM BUCKHEIT,
Executive DirectorFiscal Note: 6-295. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 22. EDUCATION
PART I. STATE BOARD OF EDUCATION
Subchapter A. MISCELLANEOUS PROVISIONS
CHAPTER 4. ACADEMIC STANDARDS AND ASSESSMENT
GENERAL PROVISIONS§ 4.3. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Assessment--A valid and reliable measurement of student performance on a set of academic standards in a subject area that captures student understanding of the set as a whole and the central concepts, knowledge and skills of each content area.
* * * * * Curriculum--A series of planned instruction aligned with the academic standards in each subject that is coordinated and articulated and implemented in a manner designed to result in the achievement at the proficient level by all students [of specific knowledge and skills and the application of this knowledge].
* * * * * Individuals with Disabilities Education Act--20 U.S.C.A. §§ 1400--148[5]2.
* * * * * PSSA--Pennsylvania System of School Assessment.
Planned instruction--Instruction offered by a [school district or AVTS] school entity 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).
Prekindergarten--
(i) A program operated by a school entity or under contract from a school entity that is open to children up to 2 years prior to the school entity's entry age for kindergarten.
(ii) The program shall provide a comprehensive program appropriate for the age, developmental level and individual needs of each child, based on how young children develop and learn, and include instruction to support each child's development in the following areas:
(A) Approaches to learning.
(B) Creative expression.
(C) Language and literacy.
(D) Math, logic and science.
(E) Social-personal development.
(F) Physical development and health.
* * * * * School entity--A local public education provider (for example, public school district, charter school, cyber charter school, AVTS or intermediate unit); provided, that this chapter applies to school entities only to the extent permitted by law.
* * * * * World language--The study of the language, cultures, traditions and histories of different communities of people who communicate in languages other than English. In this Commonwealth, American sign language is a world language.
§ 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] entities 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] entities 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] employees (24 P. S. § 11-1106) and superintendents to enforce the curriculum requirements of State law (24 P. S. § 10-1005)[,]; and this part.
* * * * * (d) School [districts (including charter schools), AVTSs and intermediate units] entities shall adopt policies to assure that parents or guardians have the following:
* * * * * (3) The right to have their children excused from specific instruction [which] that conflicts with their religious beliefs, upon receipt by the school [district (including charter schools), AVTS or intermediate unit] entity of a written request from the parents or guardians.
(4) The right of the parent or guardian to review the State assessments in the school entity, at least 2 weeks prior to their administration, during convenient hours for parents and guardians. Necessary security requirements to maintain the validity of the assessment shall be taken in accordance with the State assessment administration instructions.
(5) 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)] (6) Opportunity for involvement in the strategic planning process under § 4.13.
[(6)] (7) The right to have their children excluded from research studies or surveys conducted by entities other than [the] a school [district (including charter schools), AVTS or intermediate unit] entity 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.
* * * * * (g) Public schools provide instruction throughout the curriculum so that students may develop knowledge and skills in the following areas:
* * * * * [(10) World languages.]
* * * * * § 4.12. Academic standards.
(a) School [districts (including charter schools) or AVTSs] entities 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 areas]:
* * * * * (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 understand ding of other cultures.]
Reading, writing, speaking and listening.
(i) Reading. The application of phonemic awareness, phonics and word study, vocabulary, fluency and text comprehension in reading critically across subject areas; the interpretation and analysis of literary expression with analysis of the origins and structures of the English language; and learning how to search a variety of texts to conduct research.
(ii) Writing. Narrative, informational and persuasive formal writing for an audience, including spelling and editing skills; and informal writing to capture and organize information for individual use.
(iii) Speaking and listening. Participation in conversation and formal speaking presentations.
(9) Mathematics. The understanding of fundamental ideas and the development of proficient mathematical skills in numbers, computation, measurement, statistics and data analysis, probability and predictions, algebra and functions, geometry, trigonometry and concepts of calculus. Using this content, students will learn to think, reason and communicate mathematically.
(b) In designing educational programs, school [districts (including charter schools) and AVTSs] entities shall provide for the attainment of the academic standards under subsections (a) and (c) and any additional academic standards [which] that 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] entities 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] entity's curriculum shall be designed to provide students with planned instruction needed to attain these academic standards.
(e) School [districts (including charter schools) and AVTSs] entities 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] entities shall assess the attainment of academic standards developed under subsections (a) and (c) and any other academic standards [which] that 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] entities must 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] planning any revision of the 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 Government June, 1999 Arts and Humanities October, 1999 Family and Consumer Sciences, Economics, Geography September, 2000 History, Career Education and Work, World Languages] (h) School [districts (including charter schools) and AVTSs] entities are responsible under subsections (a), (c)[,] and (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] entity, 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).
* * * * * § 4.13. Strategic plans.
(a) Every school district (including a charter [schools] school) shall develop and file with the Department a strategic plan once every 6 years [and], review that plan for revision at the mid-point and update the plan as necessary each year 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 a charter [schools] school) will, upon request, receive technical assistance from the Department. The plan shall be developed by a schedule to be determined by 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 and update the plan each year 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 specifications of priorities for action and action plans. The analysis of needs and the specifications of priorities shall address student achievement; the school entity's core purpose; the quality of teaching and learning; the quality of leadership; the use of infrastructure; and, continuous professional learning and education. 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] entity's ability to conduct a continuous strategic planning process. Each plan, as received and filed by the Department, becomes an extension of this chapter uniquely adapted to each school entity and can only be changed by the strategic planning committee approved by the local school board. The plan shall include the following components in addition to others the school [district (including charter schools) or AVTS] entity 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) 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.]
(1) Core purpose. A summary of the school entity's mission statement, educational vision and shared values.
(2) Results for students. A listing of the school entity's educational and organizational goals as they relate to student achievement including high school graduation requirements and for having students meet or exceed proficiency levels established for State academic standards in § 4.12 (relating to academic standards).
(3) Academic standards. A description of academic standards for student achievement, which must be consistent with those under § 4.12.
(4) Measurable annual improvement targets. 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.
(5) Curriculum, instruction and instructional materials. A plan for providing all students access to a rigorous education program, including: curriculum that is aligned to the academic standards; the planned instruction to be offered and the instructional practices and instructional materials 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).
(6) Assessments and public reporting. An assessment plan that describes the local assessment system as required under § 4.52 (relating to local assessment system), including methods and measures used to determine the degree to which students are achieving academic standards under paragraph (3). The plan must include 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; how all students as well as significant student subgroups are achieving as compared to the standards and annual improvement targets; and how information from the assessments shall be made available to the public and the parents or guardians of each student. This plan must address how assessment data, including value-added assessment data provided under § 403.3(d)(1)(iii) (relating to assessments), is shared with and used by district-level administrators, school administrators and professional educators to change instructional practice in order to address the learning needs of students.
(7) Targeted assistance for struggling students. A plan for additional instructional opportunities for students not achieving at the proficient level, including identification procedures, alternative instructional strategies, monitoring of assessment procedures and opportunities for extended learning time (including tutoring). This plan must describe how grade-level learning plans for students who have not achieved proficiency in reading and mathematics during their primary grades (K--3) under § 4.21(j) (relating to elementary education: primary and intermediate levels) have been implemented and specify the instructional opportunities for students who have not achieved proficiency in reading and mathematics by the end of grade 5 under § 4.21(k).
(8) Qualified, effective teachers and capable instructional leaders. A description of the school entity's goals, strategies and performance measures regarding provision of teachers and school leaders designed to ensure that all students attain the academic standards at a proficient level or higher. This description must specifically address how the school entity deploys its most effective and highly qualified teachers to meet the learning needs of students who are below proficiency or are at risk of not graduating.
(9) Continuous professional education. A professional education plan, including:
(i) Requirements under section 1205.1 of the School Code (24 P. S. § 12-1205.1) and § 49.17 (relating to continuing professional education).
(ii) The induction plan under § 49.16 (relating to approval of induction plans).
(iii) Professional education programs linked to the academic standards under § 4.12.
(iv) How to promote professional collaboration regarding continuous improvement of instruction and student achievement.
(10) Organization and goals. A description of the school entity's organization and organizational goals and their relationship to differing student needs within the school entity's goals under paragraph (2) and the attainment of academic standards under paragraph (3).
(11) Utilization of resources. A description of the resources the school entity plans to devote to the attainment of academic standards, including professional personnel, school library, classroom materials, educational technology, school facilities, budget and other resources available to the school entity.
(12) Parent and community participation. A description of the school entity's approaches for involving parents or guardians, community groups, businesses and institutions of higher education in the learning process, as appropriate.
(13) Support for struggling schools. A description of the school district's or area vocational technical school with multiple campuses' process for assisting schools that do not meet the annual student achievement improvement targets and school experiencing other challenges that deter student attainment of the academic standards at a proficient level or higher.
(14) Milestones of progress. A listing of the specific goals, tasks and initiatives that must be accomplished by a specified date within each year of the planning cycle. The goals, tasks and initiatives must be derived from the priorities described in the strategic plan, as locally appropriate benchmarks that ensure consistent monitoring and midcourse correction.
(15) Planning process. A brief description of the process used to develop the strategic plan, including a list of persons involved in its development.
(16) Coordination with other programs. A description of how the school district will accomplish coordination with the following before or after school programs and services for all grade levels, including prekindergarten, if offered, through 12:
(i) Child care.
(ii) After school programs.
(iii) Youth workforce development programs.
(iv) Tutoring.
(d) Strategic plans, the 6-year plan, mid-term review report, annual updates and all other revisions to the plan, shall be developed through active participation by parents, students, school directors, teachers from elementary schools, middle/junior high schools, senior high schools and AVTS, educational specialists (for example, school nurses, guidance counselors), school administrators, other school personnel, and business and community representatives. Teacher representatives shall be chosen by teachers[, and]; educational specialists shall be chosen by educational specialists; 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, on the entity's web site 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.
* * * * * (g) As an extension of this chapter, the locally approved strategic plan shall be administered in the school entity under the authority of a commissioned officer, AVTS administrative director or cyber charter school chief executive officer and readily available to the public.
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 and may include prekindergarten. 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] must be standards-based and 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. Literacy skills, including phonemic awareness, phonological awareness, fluency, vocabulary and comprehension and developmental writing will begin in prekindergarten and kindergarten, if offered, and developed appropriately for the primary grade level.
* * * * * (d) [Curriculum] Standards-based curriculum and instruction in the intermediate level [shall continue the development of communication, thinking and learning skills and shall begin to focus on learning specific subject matter content] must enable all students to reach the proficient level on the local assessment system and the Statewide assessment system. Academic standards will guide the focus on learning specific subject matter content.
(e) Planned instruction aligned with academic standards 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 other interdisciplinary activity.
* * * * * (6) Health, safety and physical education, including instruction in concepts and skills which affect personal, family and community health and safety, nutrition, [physical] the prevention of alcohol, chemical and tobacco abuse, knowledge and practice of lifetime physical activities, personal fitness, basic movement skills and concepts, motor skill development, principles and strategies of movement, and safety practices in physical activity settings [and the prevention of alcohol, chemical and tobacco abuse].
* * * * * (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:
* * * * * (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.
* * * * * (8) Health, safety and physical education, including instruction in concepts and skills which affect personal, family and community health and safety, nutrition, [physical] the prevention of alcohol, chemical and tobacco abuse, knowledge and practice of lifetime physical activities, personal fitness, basic movement skills and concepts, motor skill development, principles and strategies of movement, and safety practices in physical activity settings [and the prevention of alcohol, chemical and tobacco abuse].
(g) Planned instruction aligned with academic standards 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).
* * * * * (h) This section does not preclude the teaching of other planned instruction designed to achieve a school [district's, including charter schools,] entity's mission, goals and academic standards.
* * * * * (j) [Beginning in the 2001-2002 school year, students] 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)] entity, shall be afforded additional instructional opportunities through a grade-level learning plan developed by the school [district (including charter schools)] entity. 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] 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] planned instruction aligned with academic standards serves children who are approximately 11--14 years of age. School [districts, including charter schools,] entities 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 be standards-based and 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 aligned with academic standards 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:
* * * * * (3) Science and technology, which involves active learning experiences and which may include laboratory experiments and[, when appropriate,] instruction in agriculture and agricultural science.
* * * * * (5) Environment and ecology, including social, political and economic aspects of ecology, and [when appropriate,] instruction in agriculture and agricultural science.
* * * * * (d) This section does not preclude the teaching of other planned instruction designed to achieve a school [district's, including charter schools,] entity's academic standards.
(e) School [districts, including charter schools,] entities shall determine the most appropriate way to operate their middle level programs to achieve the purposes under subsection (b) and the academic standards in their strategic plans under § 4.13.
§ 4.23. High school education.
* * * * * (b) Curriculum and instruction in the high school shall be standards-based and provide all students opportunities to develop the skills of analysis, synthesis, evaluation and problem-solving, and information literacy.
(c) Planned instruction aligned with academic standards in the following areas shall be provided to every student in the high school program. Planned instruction may be provided as a separate course or as an instructional unit within a course or other interdisciplinary instructional activity:
* * * * * (9) Family and consumer science, including principles of consumer behavior and basic knowledge of child health [and], child care [skills] and early literacy skill development.
* * * * * (f) This section does not preclude the teaching of other planned instruction designed to achieve a school [district's, including charter schools,] entity's academic standards.
(g) School [districts, including charter schools,] entities shall determine the most appropriate way to operate their high school programs to achieve the purposes under subsection (a) and the academic standards in their strategic plans under § 4.13 (relating to strategic plans).
§ 4.24. High school graduation requirements.
(a) Each school [district, including charter schools,] entity 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.
* * * * * (d) Each school [district, including charter schools,] entity 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).
* * * * * § 4.25. Languages.
(a) World language programs must prepare students to be proficient in meeting the World Language Standards issued by the Department. Every school district shall provide planned instruction in at least two languages in addition to English, at least one of which shall be a modern language, and at least one of which shall be offered in a minimum 4-year sequence in the secondary program (middle level and high school).
(b) World language planned instruction under subsection (a) may be offered beginning at any grade level, including the elementary grades.
(c) World Language Standards issued by the Department will address the ability of students 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.
§ 4.27. Physical education and athletics.
* * * * * (b) The physical education program must be adapted for students who are medically unable to participate in the regular physical education program.
* * * * * § 4.29. HIV/AIDS and other life-threatening and communicable diseases.
(a) [Instruction] Planned instruction aligned with the academic standards for health regarding the prevention of human immunodeficiency virus (HIV) infection[/], acquired immunodeficiency syndrome (AIDS) and other life-threatening and communicable diseases shall be [given for] provided to every student in the primary, intermediate, middle school and high school [education] levels and shall follow the requirements of subsections (b) [and], (c), (d) and (e).
(b) Educational materials and instruction shall be determined by the local school district [and be appropriate to the age group being taught] in accordance with subsections (c), (d) and (e). [The program of instruction shall include information about the nature of the diseases, treatments and cures, methods of transmission and how infection can be prevented. The school district may omit instruction in the elementary grades on transmission of disease through sexual activity. Programs discussing transmission through sexual activity shall stress that abstinence from sexual activity is the only completely reliable means of preventing sexual transmission. Programs shall stress that avoidance of illegal drug use is the only completely reliable means of preventing transmission of disease through shared drug paraphernalia.]
(c) The program of instruction must include information about the nature of the diseases, treatments and cures, methods of transmission and how infection can be prevented. It is recommended that the school district's age appropriate planned curriculum conform to the ''Guidelines for Effective School Health Education to Prevent the Spread of AIDS,'' issued by the United State Centers for Disease Control and Prevention or other science-based guideline. The school district may omit instruction in the elementary grades (K--6) on transmission of disease through sexual activity. Programs discussing transmission through sexual activity shall stress that abstinence from sexual activity is the only completely reliable means of preventing sexual transmission. Programs must stress that avoidance of illegal drug use is the only completely reliable means of preventing transmission of disease through shared drug paraphernalia.
(d) A school [district, including charter schools,] entity shall excuse a pupil from HIV/AIDS instruction when, based upon an inspection of the instructional materials, the parents or guardians find that the instruction conflicts with [the] their religious beliefs [or principles of the pupil or parent or guardian of the pupil and when excusal is requested in writing], and the parents or guardians have delivered a written request for excusal to the school entity. [Prior to the commencement of instruction, a school district shall publicize that detailed curriculum outlines and curricular materials used in conjunction with the instruction are available to parents and guardians during normal school hours or at teacher-parent conferences.] Curricular materials, if practical, shall be made available by the school [district] entity for home instructional use by a parent or guardian [of a] if the student has been excused from the [district's] school entity's HIV/AIDS instruction.
(e) Before beginning HIV/AIDS instruction, a school entity shall publicize that detailed curriculum outlines and curricular materials used in conjunction with the planned instruction are available to parents and guardians for review during normal school hours or at teacher-parent conferences.
VOCATIONAL-TECHNICAL EDUCATION § 4.31. Vocational-technical education.
(a) Vocational-technical education courses shall be developed in the planned instruction format and shall be accessible to all high school students attending those grades in which vocational-technical education courses are offered. All students and their parents or guardians shall be informed of the students' rights to participate in vocational-technical education programs and courses. Students who complete approved vocational-technical education programs shall have their occupational competency assessed by completion of the appropriate assessment under the Pennsylvania Skills Certificate Program or by completion of another occupational competency assessment approved by the Department. Students shall also demonstrate proficiency in meeting academic standards as required under § 4.24(a) (relating to high school graduation requirements).
* * * * * (c) Vocational-technical education programs shall consist of a series of planned academic and vocational-technical education courses that are articulated with one another so that knowledge and skills are taught in a systematic manner. When appropriate, vocational-technical education programs must adopt, in program areas for which they are available, industry recognized skills standards and may also include cooperative vocational-technical education and participation in vocational student organizations to develop leadership skills.
* * * * * § 4.33. Advisory committees.
* * * * * (c) An occupational advisory committee shall be established for each vocational-technical education program or cluster of related programs offered by a school district or AVTS. The committee shall be appointed by the board of directors, and a majority of the members of the committee shall be employees and employers in the occupation for which training is provided. The committee shall meet at least [once] twice each year to advise the board, administration and staff on curriculum, equipment, instructional materials, safety requirement, program evaluation and other related matters and to verify that the programs meet industry standards and, if appropriate, licensing board criteria and that they prepare students with occupation related competencies.
ASSESSMENT § 4.51. State assessment system.
(a) The State assessment system shall be designed to serve the following purposes:
(1) Provide students, parents, educators and citizens with an understanding of student and school performance consistent with the No Child Left Behind Act of 2001, the act of January 8, 2002 (Pub. L. 107-110, 115 Stat. 1425).
* * * * * (3) Provide results to school [districts, including charter schools, and AVTSs] entities for consideration in the development of strategic plans under § 4.13 (relating to strategic plans).
* * * * * (6) Provide results to school [districts, including charter schools, and AVTSs] entities based upon the aggregate performance of all students, for students with an Individualized Education Program (IEP) and for those without an IEP.
(b) [All] State assessment instruments administered in reading and mathematics in grades 5, 8 and 11 and in writing in grades 6, 9 and 11 will be standards-based and criterion referenced and include essay or open-ended response items in addition to other item formats. The proportion of type of items will vary by grade level. Neither State assessments nor academic standards under § 4.12 [shall] may require students to hold or express particular attitudes, values or beliefs. The Department will make samples of assessment questions, instrument formats, and scoring guides available to the public after each administration of State assessments. The criteria for judging performance on State assessments are as follows:
* * * * * (2) Performance on State mathematics assessments shall be demonstrated by students' responses to questions about grade-appropriate content and by the quality of their responses to questions [which] that require a written solution to a problem.
* * * * * (d) The State assessments shall be administered annually and [shall] include assessments of the State academic standards in mathematics and reading at grades 3, 4, 5, 6, 7, 8 and 11 [and]; in writing at grades 6, 9 and 11; and in science at grades 4, 7 and 10. The purpose of State assessments administered in [1999] 2005 is to validate assessment instruments and to provide initial information to teachers and schools to guide the redesign of curricula and instructional strategies to enable all students to achieve at the proficient level on the academic standards.
* * * * * (f) [Expansion] The Board will authorize the expansion of the State assessment system [will be authorized by the Board] through a revision of this chapter.
(g) The Department will implement provisions for security of the State assessment system, including the following provisions:
(1) Action by a professional [employe] employee or commissioned officer [which] that is willfully designed to divulge test questions, falsify student scores or in some other fashion compromise the integrity of the State assessment system as determined by the school [district] entity shall be subject to disciplinary action under [sections 1259--1267 of the School Code (24 P. S. §§ 12-1259--12-1267)] the Professional Educator Discipline Act (24 P. S. §§ 2070.1a--2070.18a).
* * * * * (i) The Secretary will report each September to the Board and the General Assembly information and pertinent data relating to the State assessment system. The Secretary will also provide each school [district (including charter schools) and AVTS] entity information and pertinent data for the school [district or AVTS] entity and its students.
(j) Children with disabilities and children with limited English proficiency shall be included in the State assessment system as required by Federal law, with appropriate accommodations, [where] when necessary. As appropriate, the Commonwealth will develop guidelines for the participation of children with disabilities in alternate assessments for those children who cannot participate in the State assessment as determined by each child's Individualized Education Program team under the Individuals with Disabilities Education Act and this part.
§ 4.52. Local assessment system.
(a) Each school [district, including charter schools, and AVTS] entity shall design an assessment system to do the following:
(1) Determine the degree to which students are achieving academic standards under §§ 4.12 and 4.13(c)(3) (relating to academic standards; and strategic plans). The school [district (including charter schools) or AVTS] entity shall provide assistance to students not attaining academic standards at the proficient level or better and the assistance to be provided shall be indicated in the strategic plan under § 4.13.
* * * * * (c) [The local assessment system shall be described in the district's (including charter schools) or AVTS's strategic plan under § 4.13(b)(5).] If a school entity chooses to use a local assessment to determine whether a student is proficient as outlined in § 4.24(a) (relating to high school graduation requirements), the local assessment must be described in the school entity's strategic plan and adhere to the following:
(1) Local assessments may be a single exam or a combination of assessment strategies, including, but not limited to:
(i) A Nationally recognized standardized assessment.
(ii) A locally developed standardized assessment.
(iii) A portfolio assessment.
(2) The proficient level on the local assessment shall be comparable to the proficient level on the PSSA.
(3) The Department will determine whether a school entity is meeting the requirements of paragraph (2). School entities that use one or more local assessments for the purpose of determining whether a student is proficient as outlined in § 4.24(a) shall submit an annual report on a form and in a manner determined by the Department certifying the comparability or alignment between the PSSA and the local assessment or assessments and providing data specified by the Department to support the certification. The existence of significant numbers of students not achieving proficiency on the PSSA who are deemed proficient by a local assessment will raise an inference that the local assessment is not aligned with the PSSA or the PSSA's meaning of proficient. A school entity whose certification is rejected by the Department shall use the PSSA for the purposes of § 4.24(a) until the school entity receives Department approval that a local assessment or assessments meets the requirements of paragraph (2).
(4) If the report and certification are not submitted as required, or if the Secretary is not satisfied with the form or accuracy of the report and certification that have been submitted by the school entity, the Secretary will exercise the powers under section 2552 of the School Code (24 P. S. § 25-2552) regarding withholding State appropriations, in a manner that is consistent with law, until the Secretary is satisfied that the school entity is in compliance with this chapter.
(d) The local assessment system shall be described in the [district's (including charter schools) or AVTS's] school entity's strategic plan under § 4.13 (b)(5), including industry certifications earned by vocational-technical students, Pennsylvania skill certificates earned by vocational technical edu- cation students, and projects completed by vocational-technical education students which demonstrate their occupational competency.
[(d)] (e) * * *
* * * * *
SCHOOL PROFILES § 4.61. School profiles.
(a) School profiles developed by the Secretary will include [the following] information as required under Federal and State law[, in addition to other information the Secretary deems appropriate:
(1) Results of State assessments under § 4.51 (relating to State assessment system).
(2) Results of local assessments under § 4.52 (relating to local assessment), which may not include student names, identification numbers or individually identifiable information.
(3) School performance improvement goals based on State assessment results under § 4.13 (relating to strategic plans).
(4) Class size.
(5) Information about the instructional program.
(6) Percentages of students who graduate or who drop out and the status of graduates the year after they leave high school.
(7) Student attendance.
(8) Teacher attendance.
(9) Information about fiscal support of the school, school district or AVTS].
(b) In compiling school profiles under this chapter, the Department will provide school entities interpretive information to assist in using the profiles for strategic planning under § 4.13 (relating to strategic plans).
* * * * *
ENFORCEMENT AND IMPLEMENTATION § 4.81. Allegations of deficiencies.
(a) The Secretary will receive and investigate allegations of curriculum deficiencies from professional [employes] employees, commissioned officers, parents of students or other residents of a school [district or AVTS] entity.
(b) The Secretary will notify the school [district or AVTS] entity's superintendent or chief executive of allegations and may require the superintendent or chief executive to submit one or more of the following:
* * * * * (c) If the Secretary determines that a curriculum deficiency exists, the school [district or AVTS] entity shall be required to submit to the Secretary for approval a plan to correct the deficiency.
(d) Within 1 year of the implementation of a corrective action plan under subsection (c), the Secretary will review the actions taken to correct the deficiency. If the deficiency remains uncorrected, the Secretary will send a formal notice of deficiency to the governing board of the school [district or AVTS board of school directors] entity, and the notice shall be announced at the [school board] meeting of the school entity's governing board immediately following its receipt.
(e) If the school [district or AVTS] entity does not take appropriate actions to correct the deficiency after the notice of deficiency is announced, the Secretary will take action under State law.
§ 4.82. Exceptions.
(a) The Secretary may grant exceptions to specific provisions of this chapter when it is necessary to adapt them to the curriculum needs of individual school [districts or AVTSs] entities or to facilitate transition to the revised provisions of this chapter. Specific exception may be made for school [districts (including charter schools) and AVTSs which] entities that develop or implement academic standards that are comparable to or exceed those found in § 4.12 (relating to academic standards). Exceptions may be granted under the following conditions:
* * * * * § 4.83. [Implementation schedule] (Reserved).
[(a) The strategic plans under § 4.13 (relating to strategic plans) shall be developed by a schedule to be determined by the Department. Plans addressing the requirements of this chapter shall be on file with the Department by September 30, 2002.
(b) In the school year in which a school district (including charter schools) or AVTS submits its initial strategic plan under § 4.13, it shall implement professional development, curriculum development and assessment development activities identified in the strategic plan and shall receive technical assistance from the Department.]
[Pa.B. Doc. No. 05-2021. Filed for public inspection November 4, 2005, 9:00 a.m.]
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