PROPOSED RULEMAKING

STATE BOARD OF EDUCATION

[ 22 PA. CODE CH. 4 ]

Academic Standards and Assessment

[42 Pa.B. 6365]
[Saturday, October 6, 2012]

 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 sections 2603-B and 2604-B of the Public School Code of 1949 (24 P. S. §§ 26-2603-B and 26-2604-B).

Purpose

 Chapter 4 sets forth requirements for State academic standards, assessments and State high school graduation standards for public schools across this Commonwealth including school districts, area vocational-technical schools (AVTSs), charter schools and cyber charter schools.

Background

 The Keystone Exams became a component of the high school graduation requirements in the final-form rulemaking published at 40 Pa.B. 240 (January 9, 2010). The Board adopted the ''Common Core State Standards'' and added a component of these standards to Chapter 4 in the final-form rulemaking published at 40 Pa.B. 5903 (October 16, 2010). This proposed rulemaking represents another vital step in implementing the Keystone Exams and their foundational standards.

 The formative steps for this proposed rulemaking moved on two tracks. First, the Department of Education (Department) initiated a review of the Common Core State Standards. The Department convened teams of educators in this Commonwealth to inform the drafting of the academic standards. Educators were invited to submit their names for participation on the Mathematics and English Language Arts committees by means of an application on the Department's web site. Membership selection for these two committees was founded on the need to have well-rounded groups representing K-12 education and members with experience in the content areas assessed by Keystone Exams, curriculum framework, Pennsylvania System of School Assessment (PSSA) development and other standards-related initiatives. Committee members participated in several meetings hosted by the Department.

 As envisioned by the Council of Chief State School Officers (CCSSO) and the National Governors Association (NGA), these Standards are intended to be a living work; as new and better evidence emerges, the Standards will be revised accordingly. Further study by the Department concluded that students in this Commonwealth would be better served by creating a unique set of Pennsylvania Common Core Standards that align with the National Common Core. The advantages lie in the ability to reframe and revise when necessary absent a CCSSO revision process. The analysis of the Common Core presented an opportunity for educators in this Commonwealth to internalize the standards and create a user friendly standard set for implementation in schools in this Commonwealth.

 In the second formative track, the Board's Committee on Academic Standards/Chapter 4 (Committee) oversaw the review of amendments to the procedures and requirements in Chapter 4. The Committee held public hearings to solicit input on draft revisions regarding the Keystone Exams. In advance of the hearings, draft revisions to Chapter 4 were posted on the Board's web site for public review. Hearings were held at the Montgomery County Intermediate Unit in Norristown on February 29, 2012, and at the Department in Harrisburg on March 14, 2012. A third hearing scheduled to be held in Pittsburgh on March 7, 2012, was cancelled because no one registered to provide comment to the Committee.

 In addition to providing an opportunity to testify before the Committee, the Board also invited individuals to submit written testimony on draft proposed revisions to Chapter 4. Comments received during this process were taken into consideration in making amendments to the proposed rulemaking that was approved by the Board at its public meeting on May 10, 2012.

 Individuals affiliated with small businesses were welcome to participate in the public hearings convened by the Committee or to submit written testimony to the Board. During its public hearings, the Board received input from two organizations affiliated with the business community in this Commonwealth and representative of businesses of varying sizes. Small businesses are not part of the regulated community affected by the proposed rulemaking.

Need for the Proposed Rulemaking

 This proposed rulemaking is necessary for three reasons.

 It is essential to set forth the academic standards that will serve as the substantive underpinning for the Keystone Exams. Therefore, the Board is publishing the Pennsylvania Common Core Standards for English Language Arts and Mathematics in Appendix A to replace current Appendix A. The Board also is publishing the Common Core Standards for Literacy in History/Social Sciences, Science and Technical Subjects as supplements to the Academic Standards for Science and Technology and Environment and Ecology in Appendix B and the Academic Standards for Civics and Government and Economics and Geography and History in Appendix C. In transitioning to the Pennsylvania Common Core, the Board felt these elements of the previously adopted Common Core State Standards were important components that should be retained.

 The proposed rulemaking replaces existing language that states a Keystone Exam counts for at least 1/3 of the course grade with the mandate that a student will demonstrate ''proficiency'' on a Keystone Exam to graduate. This proposed amendment will dramatically enhance the impact of the Keystone Exams.

 There is emerging evidence that ''high stakes'' testing or requiring passage of a test or exam to obtain a high school diploma can be a ''potent policy in terms of bringing about real positive changes in student learning.'' See Wang, L., Beckett, G. and Brown, L. ''Controversies of Standardized Assessment in School Accountability Reform: A Critical Synthesis of Multidisciplinary Research Evidence,'' Applied Measurement in Education, 19(4), 320 (2006). To assure that taxpayer dollars produce results in public education, the appropriate standards and assessments need to be coupled with a concrete incentive for learning.

 This proposed rulemaking is necessary for the Commonwealth to remain academically competitive with other American public education systems including those in neighboring states. As of the 2010-11 school year, 30 states currently require or plan to require students to take, but not necessarily pass, an assessment to graduate. In 25 of the 30 states (including Maryland, New Jersey, New York, Ohio and Virginia), ''students are (or soon will be) required to pass the assessment in order to graduate.'' See Center for Education Policy (CEP), State High School Tests, p. 11, December 2011.

 According to CEP, approximately 76% of public high school students Nationwide, including 78 % of low-income students and 84% of students of color, are enrolled in states with exit exams. The proposed rulemaking would allow the Commonwealth to keep pace with rising academic expectations Nationally while still providing districts and students with significant flexibility and alternatives in implementing and meeting the requirements.

Provisions of the Proposed Rulemaking

 In § 4.3 (relating to definitions), the Board is proposing to add a definition for ''Pennsylvania Common Core Standard.'' The Board is also proposing to delete the definition for ''strategic plan'' and amend the definition of ''planned instruction'' to reflect the deletion of strategic plan provisions from Chapter 4.

 Section 4.4(d)(4) (relating to general policies) is proposed to be rewritten to strengthen the security of the State assessment. The proposed language refines and narrows parents and guardians' right to review a State assessment. The right of review would be limited to allowing parents or guardians to determine whether an assessment conflicts with their religious beliefs. If parents or guardians wish their students to be excused from the assessment, they would be required to submit a written request that states the objection.

 Editorial changes also are being made to § 4.4 in recognition of the inclusion of charter and cyber schools in the assessment process.

 Proposed amendments to § 4.11 (relating to purpose of public education) are editorial and consistent with substantive changes elsewhere in Chapter 4.

 Proposed amendments to § 4.12 (relating to academic standards) announce the dates for adding certain Common Core State Standards and Pennsylvania Common Core Standards to Chapter 4. Proposed language would require full implementation of the Pennsylvania Common Core Standards for English Language Arts and Mathematics by July 1, 2013.

 The State-prescribed strategic plan requirements are proposed to be deleted from Chapter 4 through the deletion of the current language in this section. Proposed language provides for the transition from a strategic plan to specific plan components required under other regulations.

 The Board is proposing that the implementation of graduation requirements in § 4.24(a) (relating to high school graduation requirements) be moved from the 2013-2014 school year to the 2015-2016 school year. Graduation requirements for the 2015-2016 school year would include course completion and grades, completion of a culminating project and a demonstration of proficiency in English Language Arts and Mathematics. Either State or local assessments might be used. Culminating projects are intended to assure that students are able to apply, analyze, synthesize and evaluate information, and communicate important knowledge and understanding.

 Subsection (b) is proposed to be added to § 4.24.

 The existing requirements for the 2014-2015 school year are strengthened and scheduled for the 2016-2017 school year. The Board is proposing that each school district, AVTS and charter school, including a cyber charter school, be required to adopt and implement requirements for high school graduation that, at a minimum, include: 1) course completion and grades; and 2) demonstration of proficiency or above in the State academic standards in English Language Arts and Mathematics, Science and Technology and Environment and Ecology, and in each of the State academic standards for which there is not a State assessment.

 Students would be required to demonstrate proficiency on the appropriate Keystone Exam or a specified and validated assessment instrument, including a local assessment, or comparable Advanced Placement or International Baccalaureate exam. Beginning in the 2016-2017 school year, the Board proposes to delete the ''culminating project'' from the list of graduation requirements.

 Beginning in the 2018-2019 school year, the graduation requirements would include a determination of proficiency in Composition in English Language Arts. In the next school year in 2019-2020, the Board is proposing to add Civics and Government to the list of subjects for which a determination of proficiency is required for graduation. As noted in the proposed language in § 4.51(e)(12) (relating to State assessment system), the availability of Keystone Exams for Composition and Civics and Government is subject to funding appropriated by the General Assembly for the development of the exams and assessments.

 A proposed provision in this section would allow students who transfer from out-of-State to satisfy the graduation requirements if they have demonstrated proficiency on an assessment consistent with the academic standards of each Keystone Exam subject to guidelines developed by the Secretary and approved by the Board.

 Proposed amendments to § 4.51(e) require students to participate in a satisfactory manner in supplemental instruction before they are allowed to retake Keystone Exams in which students did not score at least proficient. A student's district, AVTS, charter school or cyber charter school is required to provide supplemental instruction until the student demonstrates proficiency in a subject area or the student begins a project-based assessment.

 This section sets forth schedules for use of Keystone Exams in different subjects.

School Year 2012-2013 Algebra I
School Year 2012-2013 Literature
School Year 2012-2013 Biology
School Year 2015-2016 English Composition
School Year 2016-2017 Civics and Government

 The last two Keystone Exam subjects would be contingent on funding from the General Assembly. The first three content areas would become part of assessing high school graduation requirements in the 2016-2017 school year. English Composition would be part of the graduation requirements in the 2018-2019 school year and Civics and Government would be required in the 2019-2020 school year.

 In addition to these five Keystone Exams, proposed amendments to this section include the addition of five other Keystone Exams to be developed for voluntary use by school districts, AVTSs, charter schools and cyber charter schools. Subject to funding appropriated by the General Assembly, the following content area exams would be developed by the Department and made available in accordance with the following schedule:

School Year 2016-2017 Geometry
School Year 2017-2018 U.S. History
School Year 2018-2019 Algebra II
School Year 2019-2020 Chemistry
School Year 2020-2021 World History

 Proposed amendments also would allow students who do not demonstrate proficiency on a Keystone Exam to enter into a project-based assessment as long as certain conditions are met. A new ''emergency waiver'' process also is added to allow the Secretary to grant a waiver on case-by-case basis after reviewing the written request of a chief school administrator. Emergency waiver determinations would be provided to schools at least 10 days before graduation.

 The Board is proposing to replace the current language in Appendix A with the Pennsylvania Common Core Standards for English Language Arts (Grades Pre K-5), English Language Arts (Grades 6-12) and Mathematics (Grades Pre K-High School). As specified by the CCSSO and NGA, these standards are: 1) research and evidence based; 2) aligned with college and work expectations; 3) rigorous; and 4) Internationally benchmarked.

 A particular standard was included in the document only when the best available evidence indicated that its mastery was essential for college and career readiness in a 21st century globally competitive society.

 In addition, several minor editorial changes are being made throughout Chapter 4 to be consistent with the deletion of the strategic plan requirement that was in § 4.13.

Affected Parties

 The proposed rulemaking would affect public school districts, AVTSs, and charter and cyber charter schools in this Commonwealth and their employees and students.

Cost and Paperwork Estimates

 The proposed rulemaking does not increase costs for the Commonwealth or local governments inasmuch as that they are accomplishing the policy choices set forth when the Keystone Exams were added to Chapter 4 in 2010. Direct costs to the Commonwealth include the cost to develop the assessments and Pennsylvania Common Core Standards. In Fiscal Year (FY) 2012-13, the costs of the assessments' development would be $15.6 million. Related costs in FY 2011-12 were in the Pennsylvania Assessment and Teacher Professional Development programs and the budgets for these programs were $36.59 million and $6.459 million respectively.

 The proposed deletion of the State-mandated submittal of strategic plans and the deletion of ''culminating project'' graduation requirement in the 2016-2017 school year would reduce costs for school districts. The extent of these savings would vary from district to district.

Effective Date

 The proposed rulemaking would 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 its regulations. Therefore, a sunset date is not necessary.

Regulatory Review

 Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 20, 2012, 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 and individuals affiliated with small businesses are invited to submit written comments, questions, suggestions, commendations, concerns or objections regarding this proposed rulemaking to Karen Molchanow, Executive Director, State Board of Education, 333 Market Street, Harrisburg, PA 17126, ra-stateboardofed@pa.gov. Comments must be submitted to the Board within 30 days of publication of this proposed rulemaking in the Pennsylvania Bulletin.

 Persons with disabilities needing an alternative means of providing public comment may make arrangements by calling Karen Molchanow, (717) 787-3787, TDD (717) 787-7367.

KAREN MOLCHANOW, 
Executive Director

 Fiscal Note: 6-326. (1) General Fund; (2) Implementing Year 2012-13 is $15,601,000; (3) 1st Succeeding Year 2013-14 is $3,182,000; 2nd Succeeding Year 2014-15 is $3,200,000; 3rd Succeeding Year 2015-16 is $3,250,000; 4th Succeeding Year 2016-17 is $3,300,000; 5th Succeeding Year 2017-18 is $3,350,000; (4) 2009-10 Program—$37,620,000; 2010-11 Program—$31,981,000; 2011-12 Program—$36,590,000; (7) PA Assessment; (8) recommends adoption.

Annex A

TITLE 22. EDUCATION

PART I. STATE BOARD OF EDUCATION

Subpart 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:

*  *  *  *  *

 Pennsylvania Common Core Standards—Academic standards for English language arts and mathematics based upon a Nationwide, state-led process coordinated by the National Governors Association and the Council of Chief State School Officers and in collaboration with teachers, content experts and other education stakeholders. The standards define the knowledge and skills students should have within their K-12 education careers so that they will graduate high school able to succeed in entry-level, credit-bearing academic college courses and in work-force training programs.

 Performance Level Advisory Committee—An advisory committee established by the Department to assist the Department in developing Keystone Exam performance level descriptors and performance level cut scores. The committee includes teachers, principals, school administrators, school board members, higher education officials, representatives of the United States Armed Forces, employers and others with at least one-half of its members selected from nominations made by Statewide teachers' unions and other education stakeholder organizations.

 Planned instruction—Instruction offered by a 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 as determined [in strategic plans under § 4.13 (relating to strategic plans)] by the school entity.

*  *  *  *  *

 [Strategic plan—A comprehensive plan for education developed under § 4.13.]

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§ 4.4. General policies.

 (a) It is the policy of the Board that the local curriculum be designed by school 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)] as determined by the school entity.

*  *  *  *  *

 (d) School entities shall adopt policies to assure that parents or guardians have the following:

*  *  *  *  *

 (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)] The right to review a State assessment in the school entity during convenient hours for parents and guardians, at least 2 weeks prior to their administration, to determine whether an assessment conflicts with their religious belief. To protect the validity and integrity of the State assessments, each school entity shall have in place procedures to be followed when parents or guardians request to view a State assessment. Procedures must be consistent with guidance provided by the Department in its assessment administration instructions. If upon inspection of a State [assessments] assessment parents or guardians find the assessment to be in conflict with their religious belief and wish their students to be excused from the assessment, the right of the parents or guardians will not be denied upon written request that states the objection to the applicable school district superintendent, charter school chief executive officer or AVTS director.

 [(6) Opportunity for involvement in the strategic planning process under § 4.13.

 (7)] (5) The right to have their children excluded from research studies or surveys conducted by entities other than a school entity unless prior written consent has been obtained.

 (e) The Department will provide support to school districts [and], AVTSs and charter schools, including cyber charter schools, in developing educational programs that enable students to attain academic standards under § 4.12. Department support will include:

*  *  *  *  *

 (4) Technical guidance [to school districts and AVTSs (including charter schools)] in developing local assessments that meet the requirements of [§ 4.24(b)(1)(iv)(B)] § 4.24(c)(1)(iii)(B), upon request.

ACADEMIC STANDARDS AND PLANNING

§ 4.11. Purpose of public education.

 (a) This section and [§§ ] § 4.12 [and 4.13] (relating to academic standards[; and strategic plans]) describe the purpose of public education[,] and its relationship with the academic standards[, their relationship with one another and strategic plans].

*  *  *  *  *

 (d) The academic standards describe the knowledge and skills [which] that students will be expected to demonstrate before graduating from a public school.

*  *  *  *  *

 (g) Public schools provide instruction throughout the curriculum so that students may develop knowledge and skills in the following areas:

 (1) [Reading, writing, speaking, listening and] English language arts.

*  *  *  *  *

 (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:

*  *  *  *  *

 (3) The relationship between the objectives of a planned course, instructional unit or interdisciplinary studies and academic standards specified under § 4.12 and [to those determined in the school district's (including charter schools) or AVTS's strategic plan under § 4.13] additional academic standards as determined by the school entity.

*  *  *  *  *

§ 4.12. Academic standards.

 (a) School entities may develop, expand or improve existing academic standards in the following content areas:

 (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. Beginning July 1, 2013, the Common Core State Standards for Literacy in History/Social Studies, Science and Technical Subjects will be an appendix to the Commonwealth's academic standards for Science and Technology.

*  *  *  *  *

 (3) Social studies.

*  *  *  *  *

 (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.

 (v) History/social studies, science and technical subjects. Beginning July 1, 2013, the Common Core State Standards for Literacy in History/Social Studies, Science and Technical Subjects will be an appendix to the Commonwealth's academic standards for History.

*  *  *  *  *

 (8) Through June 30, 2013: Reading, writing, speaking and listening.

*  *  *  *  *

 (iv) English Language Arts. Beginning July 1, 2013, following full implementation of a transition plan to be developed by the Department in collaboration with education stakeholders, academic standards will be based on the Pennsylvania Common Core [State] Standards for English Language Arts [and Literacy in History/Social Studies, Science, and Technical Subjects]. [States may supplement the Common Core State Standards with additional, State-specific academic standards.]

 (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. Students will learn to model real-world situations by creating appropriate representations of numerical quantities and plan and implement problem-solving strategies to answer the question in the context of the situation. Beginning July 1, 2013, following implementation of a transition plan to be developed by the Department in collaboration with education stakeholders, academic standards will be based on the Pennsylvania Common Core [State] Standards for Mathematics. [States may supplement the Common Core State Standards with additional, State-specific academic standards.]

 (b) In designing educational programs, school entities shall provide for the attainment of the academic standards under subsections (a) and (c) and any additional academic standards [that they describe in their strategic plans under § 4.13(c) (relating to strategic plans)] as determined by the school entity. Attaining the academic standards in this section requires students to demonstrate the acquisition and application of knowledge.

 (c) School entities shall prepare students to attain academic standards in mathematics[, reading, writing, speaking and listening as contained] and English Language Arts 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.

*  *  *  *  *

 (f) School entities shall assess the attainment of academic standards developed under subsections (a) and (c) and any other academic standards 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 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.

*  *  *  *  *

 (h) School 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 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 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 according to an implementation schedule developed by the Department. The Department will notify each school district, by letter, of the due date for submission of the school district's plan to the Department at least 1 calendar year prior to its due date. A school district plan must 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 school) 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. The Department will notify each AVTS, by letter, of the due date for submission of the AVT's plan to the Department at least 1 calendar year prior to its due date. The strategic plan must 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 must be based upon an analysis of internal and external needs, leading to the specifications 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 must 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 must 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 must 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.

 (12) A description of how the school district will accomplish coordination with community operated infant and toddlers and preschool early intervention programs and the following before or after school programs and services for all grade levels, including prekindergarten, if offered, through grade 12:

 (i) Child care.

 (ii) After school programs.

 (iii) Youth workforce development programs.

 (iv) Tutoring.

 (13) A school district that offers prekindergarten shall describe the prekindergarten program and explain how the district will coordinate with agencies that serve preschool age children with disabilities. The plan must address coordination activities designed to identify and serve children with disabilities and the supports and accommodations available to ensure both physical and programmatic access. The plan must address pre-kindergarten programs operated directly by the school district and those operated by community agencies under contract from the school district.

 (14) A brief description of how the school district will provide for a smooth transition for prekindergarten students, when prekindergarten is offered, from the home setting and any early childhood care or education setting the students attend, to the school setting. This description must include how the district will coordinate with the infants and toddlers and preschool early intervention agencies that serve children with disabilities to ensure a smooth transition for those children to the school district's prekindergarten program.

 (d) Strategic plans, the 6-year plan, mid-term review report, annual updates and other revisions to the plan, shall be developed through active participation by parents, students, school directors, teachers, school administrators, other school personnel and business and 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, on the school district's or AVTS'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 or chief executive officer and is approved by the school district's or AVTS's board of directors or charter school's board of trustees. If the board of directors or trustees 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 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.]

 (a) Upon expiration of its current strategic planning phase, each school entity shall submit to the Secretary for approval a professional education plan every 3 years as required under § 49.17(a) (relating to continuing professional education).

 (b) Upon expiration of its current strategic planning phase, each school entity shall submit to the Department for approval an induction plan every 6 years as required under § 49.16(a) (relating to approval of induction plans).

 (c) Upon expiration of its current strategic planning phase, each school entity shall submit to the Department a written plan for the implementation of a comprehensive and integrated K-12 program of student services based on the needs of its students every 6 years as provided in § 12.41(a) (relating to student services).

 (d) Upon expiration of its current strategic planning phase, each school district shall develop and implement a special education plan every 3 years as required under § 14.104 (relating to special education plans).

 (e) Upon expiration of its current strategic planning phase, each school district shall develop and implement a gifted education plan every 6 years as required under § 16.4 (relating to strategic plans).

CURRICULUM AND INSTRUCTION

§ 4.20. Prekindergarten education.

 School districts are not required to offer a prekindergarten program, and parents are not required to enroll their children in those programs if offered. Prekindergarten programs shall be designed so that students complete the program prior to their reaching the school district's entry age for kindergarten. The program, when offered, must provide a comprehensive program appropriate for the age and varying developmental levels of the students; be based on how young children develop and learn; include instruction to support each child's development in the areas of approaches to learning—creative expression, language and literacy, math, logic and science, social-personal development and physical development and health—and must be open to children with disabilities.

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 (10) A school district planning to offer or contract with a community agency to offer a prekindergarten program shall develop an implementation plan that describes the program and its target population. The plan must identify the facilities, staffing needs and other resources that it will use to deliver the program. The school district shall consult with parents, community agencies and organizations, and child care, early intervention and head start representatives when developing the implementation plan. In years subsequent to the initial year of the program, the implementation plan must [become part of the strategic plan described in § 4.13 (relating to strategic plans) and included in the mid-term review and annual updates described in § 4.13] be submitted to the Department every 3 years or when the plan is amended, whichever is sooner.

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§ 4.21. Elementary education: primary and intermediate levels.

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 (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)] as determined by the school entity.

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§ 4.22. Middle level education.

 (a) The middle level planned instruction aligned with academic standards serves children who are approximately 11—14 years of age. School entities may modify the grouping of students based upon student needs identified [in their strategic plans under § 4.13 (relating to strategic plans)] by the school entity.

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 (e) School entities shall determine the most appropriate way to operate their middle level programs to achieve the purposes under subsection (b) and the additional academic standards [in their strategic plans under § 4.13] as determined by the school entity.

§ 4.23. High school education.

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 (g) School districts, including a charter school, shall determine the most appropriate way to operate their high school programs to achieve the purposes under subsection (a) and [the] additional academic standards [in their strategic plans under § 4.13 (relating to strategic plans)] as determined by the school entity.

§ 4.24. High school graduation requirements.

 (a) Requirements through the [2013-2014] 2015-2016 school year. Each school district, AVTS and charter school, including a cyber charter school, shall specify requirements for graduation [in the strategic plan under § 4.13 (relating to strategic plans)]. Requirements through the [2013-2014] 2015-2016 school year must include course completion and grades, completion of a culminating project, results of local assessments aligned with the academic standards and a demonstration of proficiency in [Reading, Writing] English Language Arts and Mathematics on either the State assessments administered in grade 11 or 12 or local [assessment] assessments 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) High school graduation requirements and any revisions to them shall be approved by the board of school directors.

 (c) Requirements beginning in the [2014-2015] 2016-2017 school year.

 (1) General. Beginning in the [2014-2015] 2016-2017 school year, each school district [and], AVTS [(including charter schools), shall specify] and charter school, including a cyber charter school, shall adopt and implement requirements for high school graduation [in the strategic plan under § 4.13] that, at minimum, include:

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 (ii) [Completion of a culminating project in one or more areas of concentrated study under the guidance and direction of the high school faculty. The purpose of the project, which may include research, writing, completion of a college application or some other appropriate form of demonstration, is to assure that the student is able to apply, analyze, synthesize and evaluate information and communicate significant knowledge and understanding. Projects may be undertaken by individual students or groups of students.

 (iii)] Demonstration of proficiency as determined by the school district [or], AVTS [(including charter schools)] or charter school, including a cyber charter school, in each of the State academic standards not assessed by a State assessment under § 4.51 (relating to State assessment system).

 [(iv)] (iii) Demonstration of proficiency or above in each of the following State academic standards: [Reading, Writing] English Language Arts and Mathematics (Appendix A); Science and Technology and Environment and Ecology (Appendix B), as determined through any one or a combination of the following:

 (A) [Successful completion] Completion of secondary level coursework in [English Composition, Literature] English Language Arts (Literature), Algebra I and Biology in which a student demonstrates proficiency on the associated Keystone Exam [serves as the course final exam]. [A student's Keystone Exam score shall count as one-third of the final course grade. A school district or AVTS (including a charter school) may, at its discretion, elect to have the Keystone Exam count for more than one-third of the course grade.] A school district [or], AVTS [(including a charter school), at its discretion, ] or charter school, including a cyber charter school may allow [students who score] a student who scores at the advanced level on a particular Keystone Exam prior to taking the course to be granted course credit for the course without having to complete the course.

 (B) Locally approved and administered[, independently validated] assessments, which shall be independently and objectively validated once every 6 years [in conjunction with submission of the school district's strategic plan, as provided in § 4.13]. Local assessments may be designed to include a variety of assessment strategies listed in § 4.52(e) and may include the use of one or more Keystone Exams. Except for replacement of individual test items that have a similar level of difficulty, a new validation is required for any material changes to the assessment. Validated local assessments must meet the following standards:

 (I) Alignment with the following State academic standards: [Reading, Writing] English Language Arts (Literature [and Composition]); Mathematics (Algebra I), Science and Technology and Environment and Ecology (Biology).

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 (IV) Subject to appropriations provided by law, the cost to validate local assessments shall be evenly divided between the school district [or], AVTS [(including a charter school)] or charter school, including a cyber charter school, and the Department. If the Department does not provide sufficient funding to meet its share, local assessments submitted for validation shall be deemed valid [for the balance of the strategic plan period until either a new or mid-point update to the strategic plan] until a new validation is due to the Department.

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 (VI) School boards shall only approve assessments that have been determined to meet the requirements of this subsection by an approved entity performing the independent validation. If a school district [or], AVTS [(including a charter school)] or charter school, including a cyber charter school, uses a local assessment that has not been independently validated, the Secretary will direct the district to discontinue its use until the local assessment is approved through independent validation by an approved entity.

 (C) [Advanced placement or international baccalaureate exams that include] Completion of an Advanced Placement exam or International Baccalaureate exam that includes academic content comparable to the appropriate Keystone Exam at a score established by the Secretary to be comparable to the proficient level on the appropriate Keystone Exam. [Successful completion of an advanced placement course and test may be used for one or more of the courses required for graduation without the student being required to take the related Keystone Exam. Successful completion of an international baccalaureate program and tests may be used for one or more of the courses required for graduation without the student being required to take the related Keystone Exam or local assessment.

 (c) Requirements beginning in the 2016-2017 school year. Effective with the 2016-2017 school year, History and Civics and Government (Appendix C) are added to the academic standards listed in subsection (b)(1)(iv) regarding requirements beginning in the 2014-2015 school year. Requirements listed in subsection (b)(1)(iv)(A) must include a determination of proficiency in both English Composition and Literature; two of three Mathematics (Algebra I, Geometry, Algebra II), one of two Sciences (Biology or Chemistry), and one of three Social Studies (American History, Civics and Government or World History).

 (d) Strategic plan. Each school district, including a charter school, shall describe in its strategic plan under § 4.13 how its planned instruction is designed to prepare students to meet the requirements of subsections (a) and (b).]

 (d) Requirements beginning in the 2018-2019 school year. Effective with the 2018-2019 school year, the requirements in subsection (c)(1)(iii) must include a determination of proficiency in English Language Arts (Composition) (Appendix A).

 (e) Requirements beginning in the 2019-2020 school year. Effective with the 2019-2020 school year, Civics and Government (Appendix C) is added to the academic standards in subsection (c)(1)(iii). The requirements in subsection (c)(1)(iii) must include a determination of proficiency in Civics and Government.

 [(e)] (f) Special education students. 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 the requirements of this chapter.

 [(f)] (g) Demonstration of proficiency. For purposes of this section, [students] a student shall be deemed proficient in the State-assessed standards whenever [they demonstrate] the student demonstrates proficiency through any of the options in subsection [(b)(1)(iv)] (c)(1)(iii), regardless of the student's grade level or age.

 [(g)] (h) Transcripts. Beginning in the 2003-2004 school year, PSSA scores in each assessed discipline, and beginning in the [2014-2015] 2016-2017 school year, the performance level demonstrated on each Keystone Exam or validated local assessment [scores], 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.

 [(h)] (i) Release of scores. This section does not allow for the release of individual student PSSA or Keystone Exam scores to the Department or other Commonwealth entities in accordance with § 4.51(c).

 [(i)] (j) Supplemental instruction. Beginning in the 2011-2012 school year, a student who does not demonstrate proficiency [in any of the ten courses] on a Keystone Exam or a locally validated [assessments] assessment specified in [subsections (b) and] subsection (c), (d) or (e) shall be offered supplemental instructional support by the student's school [entity] district, AVTS or charter school, including a cyber charter school. The supplemental instructional support must assist the student to attain proficiency in the State academic standards.

 [(j)] (k) Waivers. The Secretary may waive one or more provisions of this section on a case-by-case basis for good cause. Waivers will be based upon receipt of a written request from the chief school administrator. Waivers may be granted to accommodate [students who experience] a student who experiences extenuating circumstances (including serious illness, death in immediate family, family emergency[,] or frequent transfers in schools[, or transfer from an out-of-State school in 12th grade]).

 (l) Out-of-State transfers. A student who transfers from an out-of-State school having demonstrated proficiency on an assessment congruent with the academic standards assessed by each Keystone Exam may satisfy the requirements of subsections (c), (d) and (e) subject to guidelines developed by the Secretary. The guidelines will be submitted for approval or disapproval by the Board.

 [(k)] (m) Transition. To effect successful transition between requirements outlined in subsections (a) and (b) regarding requirements through the [2013-2014] 2015-2016 school year and requirements beginning in the [2014-2015] 2016-2017 school year, [students] subsection (d) regarding requirements beginning in the 2018-2019 school year and subsection (e) regarding requirements beginning in the 2019-2020 school year, a student who will graduate in the [2014-2015] 2016-2017 school year or thereafter, who successfully [complete] completes courses with academic content assessed under subsection [(b) or] (c), (d) or (e), regarding [requirements beginning in the 2014-2015 school year, and] requirements beginning in the 2016-2017 school year, 2018-19 school year and 2019-2020 school year for which Keystone Exams or local validated assessments were not available at the time the course was completed, shall be deemed proficient for purposes of this section.

VOCATIONAL-TECHNICAL EDUCATION

§ 4.31. Vocational-technical education.

 (a) Vocational-technical education courses shall be developed in the planned instruction format and 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 and that students with disabilities enrolled in the programs are entitled to services under Chapter 14 (relating to special education services and programs). 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. A student with a disability shall be provided appropriate accommodations when provided for in the student's individualized education program. Students shall also demonstrate proficiency in meeting academic standards as required under [§ 4.24(a)] § 4.24 (relating to high school graduation requirements), including § 4.12(f) (relating to academic standards) and [§ 4.24(e)] § 4.24(f) for students with disabilities with an individualized education program.

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 (d) Vocational-technical education courses must include content based upon occupational analysis, clearly stated performance objectives deemed critical to successful employment and assessment of student competencies based upon performance standards. [In listing planned instruction in its strategic plan under § 4.13 (relating to strategic plans), a school district or AVTS shall indicate which courses meet the requirements of this section.]

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§ 4.33. Advisory committees.

 (a) A school district or AVTS administering or planning to administer vocational-technical education programs shall appoint a local advisory committee. Membership on the committee shall consist of business and industry representatives, public sector employers, agriculture, labor organizations, community organizations, postsecondary education institutions and the general public. The appointed advisory committee shall meet at least once each year and give advice to the board and the administration concerning the program of the school, including its general philosophy, academic and other standards, [strategic plans,] course offerings, support services, safety requirements and the skill needs of employers. An advisory committee may serve multiple institutions where employment areas overlap.

 (b) An administrative committee, composed of chief school administrators representing participating school districts, shall be included in the organization of each AVTS. The committee shall [play an integral part in the development of the AVTS strategic plan under § 4.13 (relating to strategic plans) and] advise the AVTS board and the administration concerning the educational program and policies of the school.

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ASSESSMENT

§ 4.51. State assessment system.

 (a) The State assessment system shall be designed to serve the following purposes:

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 (3) [Provide results to school entities for consideration in the development of strategic plans under § 4.13 (relating to strategic plans).

 (4)] Provide information to State policymakers, including the General Assembly and the Board, on how effective schools are in promoting and demonstrating student proficiency of academic standards.

 [(5)] (4) Provide information to the general public on school performance.

 [(6)] (5) Provide results to school 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 PSSA instruments administered in [Reading, Writing and Mathematics in grades 5, 8 and 11] English Language Arts, Mathematics, and Science and Technology and Environment and Ecology 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 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:

 (1) Performance on PSSA [reading] English Language Arts assessments shall be demonstrated by students' responses to comprehension questions about age-appropriate reading passages [and], by their written responses to in-depth comprehension questions about the passages and by the quality of their written compositions on a variety of topics and modes of writing.

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 (3) [Performance on PSSA writing assessments shall be demonstrated by the quality of students' written compositions on a variety of topics and modes of writing.

 (4)] Performance on PSSA science assessments shall be demonstrated by students' responses to grade appropriate content and by the quality of their responses to questions that demonstrate knowledge of each category of the standards for science and technology and environment and ecology.

 [(5)] (4) Levels of proficiency shall be advanced, proficient, basic and below basic. In consultation with educators, students, parents and citizens, the Department will develop and recommend to the Board for its approval specific criteria for advanced, proficient, basic and below basic levels of performance.

 (c) The Department will develop or cause to be developed PSSA assessments based on [academic standards in Mathematics, Reading, Writing and Science] Pennsylvania Common Core Standards in Mathematics and English Language Arts under § 4.12 and contained in Appendix A and academic standards in Science and Technology and Environment and Ecology under § 4.12 and contained in Appendix B. In developing assessments, the Department will consult with educators, students, parents and citizens regarding the specific methods of assessment. To ensure that information regarding student performance is available to parents and teachers, State assessments developed under this section must include student names. Individual test results shall be used in planning instruction only by parents, teachers, administrators and guidance counselors with a need to know based upon local board policy on testing and in reporting academic progress. The Department [or] and other Commonwealth entities are prohibited from collecting individual student test scores, and may only collect aggregate test scores by school and district.

 (d) The State assessments shall be administered annually and include assessments of the State academic standards in Mathematics and [Reading] English Language Arts at grades 3[—8 and 11; in Writing at grades 5, 8 and 11;] through 8, and in Science and Technology and Environment and Ecology at grades 4[, 8 and 11] and 8. Additional state assessments shall be administered annually in accordance with subsection (e).

 (e) [Students not achieving at the proficient level in the administration of State assessments in grade 11 shall be provided one additional opportunity in grade 12 to demonstrate a proficient level on the PSSA assessments.

 (f)] The Department will develop or cause to be developed Keystone Exams as follows:

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 (2) Two assessments aligned with select [Reading, Writing, Speaking and Listening] English Language Arts standards, contained in Appendix A, that assess academic content traditionally included in high school literature and composition courses.

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 (5) [If a] Keystone [Exam is offered as a graduation requirement, it] Exams shall be offered at least 3 times each year: once each in the fall, spring and summer. Keystone Exams shall be administered, reviewed and scored so that the scores for candidates for graduation are provided to schools no later than 10 calendar days prior to graduation. A school district [or], AVTS [(including a charter school)] or charter school, including a cyber charter school, may request that the Department approve alternative test administration and scoring time frames. The Department will publish guidelines and procedures for approving alternative test administration and scoring time frames on its web site. The guidelines will provide for approval of all requests unless the approval is contrary to standards of test validity and scoring.

 (6) [Students] A student shall be permitted to retake any Keystone Exam, or Keystone Exam module, in which the student did not score proficient or above at the next available testing date, so long as the student has participated in a satisfactory manner in supplemental instruction as provided under § 4.24(j) (relating to high school graduation requirements) and paragraph (8).

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 (8) [Keystone Exams shall be scored on a 100-point scale. When used to determine proficiency to meet high school graduation requirements, a Keystone Exam shall count for one-third of the final course grade. A Keystone Exam may be counted for more than one-third of the final course grade at the sole election of the school district or AVTS (including a charter school). A student must score advanced, proficient or basic on a Keystone Exam to receive points from the exam toward a final course grade.] A student taking Keystone Exams, or Keystone Exam modules, who did not score proficient on a Keystone Exam, or Keystone Exam module, shall be provided supplemental instruction by the student's school district, AVTS or charter school, including a cyber charter school, until the student can demonstrate proficiency in the subject area or the student begins a project-based assessment provided in subsection (m).

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 (10) The Department will provide guidance to school [entities] districts, AVTSs and charter schools, including cyber charter schools, as to the appropriate accommodations school entities shall provide to students with disabilities, students who are gifted and English language learners, when appropriate.

 (11) [Keystone Exams in the following subjects will be developed by the Department and will be made available for voluntary use by school districts and AVTSs (including charter schools) in accordance with the following schedule:

School Year 2010-11	Algebra I
	Literature
	Biology
Fall 2011	English Composition
	Algebra II
Fall 2012	Geometry
	United States History
Fall 2016	Chemistry
	Civics and Government
	World History]

 Beginning in the 2012-2013 school year, Keystone Exams in the following subjects will be developed by the Department and made available for use by school districts, AVTSs and charter schools, including cyber charter schools, for the purpose of assessing high school graduation requirements in § 4.24(c)(1)(iii):

Algebra I
Literature
Biology

 (12) Subject to funding appropriated by the General Assembly for development of the exams and related project-based assessments and validation of related local assessments, Keystone Exams in the following subjects will be developed by the Department and made available for use by school districts, AVTSs and charter schools, including cyber charter schools, for the purpose of assessing high school graduation requirements in § 4.24 (c)(1)(iii) in accordance with the following schedule:

School Year 2015-2016 English Composition
School Year 2016-2017 Civics and Government

 (i) During the 2014-2015 school year, school districts, AVTSs and charter schools, including cyber charter schools, shall administer the Keystone Exam in English Composition for the purpose of gathering data to set performance level cut scores for the exam.

 (ii) During the 2015-2016 school year, school districts, AVTSs and charter schools, including cyber charter schools, shall administer the Keystone Exam in Civics and Government for the purpose of gathering data to set performance level cut scores for the exam.

 (13) Subject to funding appropriated by the General Assembly for development of the exams, Keystone Exams in the following subjects will be developed by the Department and made available for voluntary use by school districts, AVTSs and charter schools, including cyber charter schools, in accordance with the following schedule:

School Year 2016-2017 Geometry
School Year 2017-2018 U.S. History
School Year 2018-2019 Algebra II
School Year 2019-2020 Chemistry
School Year 2020-2021 World History

 [(12)] (14) The Department will seek to have the Keystone [Exam system] Exams approved as the high school level single accountability system under the No Child Left Behind Act of 2001. Upon approval by the United States Department of Education, the Algebra I and Literature exams will be used to determine adequate yearly progress at the high school level. The Biology Keystone Exam will be used as the high school level science assessment, which is not a factor in determining adequate yearly progress. If the Keystone [Exam system receives] Exams receive approval as the high school level accountability measure, school districts [and], AVTSs [(including charter schools)] and charter schools, including cyber charter schools, shall administer the Literature, Algebra I and Biology exams as end-of-course tests in the grade level in which students complete the relevant coursework.

 [(13)] (15) The 11th grade PSSA exams in Reading, Writing, Math and Science shall be discontinued upon implementation of the Keystone Exams as the approved assessment system under section 1111(b)(2)(C) of the No Child Left Behind Act of 2001 (20 U.S.C.A. § 6311(b)(2)(C)).

 [(g)] (f) The Board will authorize the expansion of the State assessment system through a revision of this chapter.

 [(h)] (g) The Department will implement provisions for security of the State assessment system, including the following provisions:

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 [(i)] (h) The Secretary has the authority to establish guidelines for the administration of the State assessment system.

 [(j)] (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 entity information and pertinent data for the school entity and its students.

 [(k)] (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, 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.

 [(l)] (k) The Department will establish a State Assessment Validation Advisory Committee (Committee). The Committee shall advise the Department on its plans to conduct the validity study and review and provide feedback on its findings. The Department and the Committee will investigate the use of a certificate based on industry approved standards and performance on a NOCTI exam as an alternative pathway to graduation and will make a report and recommendation to the Board by January 10, 2011.

 [(m)] (l) At least once every 5 years, the Department will contract with a qualified, independent research organization to perform a validity study of the Keystone Exams using generally accepted education research standards. These studies will determine, at a minimum, the degree to which the Keystone Exams and performance level cut scores are valid for the purposes for which they are used; aligned with State academic standards; aligned with performance levels of other states; internationally benchmarked; and predict college and career success. In addition, all Keystone Exams, performance level descriptors and cut scores will be subject to the best available forms of content, criterion and consequential validation.

 [(n) If a student is unable to meet the requirements in § 4.24(b)(1)(iv)(A) (relating to high school graduation requirements), the student may supplement a Keystone Exam score through satisfactory completion of a project-based assessment as provided in subsection (o). Points earned through satisfactory performance on one or more project modules related to the Keystone Exam module or modules on which the student scored below proficient shall be added to the student's highest Keystone Exam score. The total shall count as one-third of a student's final course grade, as provided in subsection (f)(8).

 (o)] (m) The Department will develop a project-based assessment system that is aligned with the modules for each [of the ten] Keystone [Exams] Exam for students who are unable to demonstrate proficiency on a Keystone Exam or Keystone Exam module.

 (1) The project-based assessment system shall be administered by schools and scored by [regional] Statewide panels composed of teachers, principals and curriculum specialists assembled by the Department. The [regional] Statewide review panels shall score student projects according to scoring protocols and rubrics developed by the Department.

 [Students] (2) A student in grade 12 who has not demonstrated proficiency on a Keystone Exam or Keystone Exam module may qualify to participate in one or more project-based assessments if the student has met all of the following conditions:

 [(1)] (i) Has taken the course.

 [(2) Was unsuccessful in achieving a score of proficient on the Keystone Exam after at least two attempts.

 (3)] (ii) Has met the attendance requirements of the school [district's attendance requirements for the course] district, AVTS or charter school, including a cyber charter school.

 [(4)] (iii) Has participated in a satisfactory manner in supplemental instructional services [under § 4.24(i)] provided by the school district, AVTS or charter school, including a cyber charter school, as provided under § 4.24(j) and subsection (e)(8).

 (3) A student below grade 12 who has not demonstrated proficiency on a Keystone Exam or Key-stone Exam module after at least two attempts on the exam may qualify to participate in one or more project-based assessments if the student has met the following conditions:

 (i) Has taken the course.

 (ii) Has met the attendance requirements of the school district, AVTS or charter school, including a cyber charter school.

 (iii) Has participated in a satisfactory manner in supplemental instructional services provided by the school district, AVTS or charter school, including a cyber charter school, as provided under § 4.24(j) and subsection (e)(8), for at least 2 school years or the equivalent amount of time for schools that operate on a block schedule.

 (4) Successful completion of a project-based assessment aligned to the Keystone Exam or Keystone Exam module on which a student did not demonstrate proficiency shall satisfy the requirements in § 4.24.

 (n) The Secretary may waive the requirements in § 4.24 on a case-by-case basis for good cause for a student in grade 12 who was not successful in completing a project-based assessment as provided in subsection (m).

 (1) Emergency waivers will be based upon receipt of a written request from the chief school administrator. The Secretary will invite and consider justifications from the chief school administrator for granting an emergency waiver. At a minimum, the waiver request must certify that the student meets the following criteria:

 (i) Has met the local requirements of the school district, AVTS or charter school, including a cyber charter school, for graduation, except for demonstration of proficiency in the requirements of § 4.24(c)(1)(iii)(A) for which the waiver is being requested.

 (ii) Has not demonstrated proficiency on a Keystone Exam or Keystone Exam module.

 (iii) Has participated in a satisfactory manner in supplemental instructional services provided by the school district, AVTS or charter school, including a cyber charter school, as provided under § 4.24(j) and subsection (e)(8).

 (iv) Has not successfully completed a project-based assessment aligned to the Keystone Exam or Keystone Exam module on which the student did not demonstrate proficiency.

 (2) Emergency waiver requests will be reviewed by the Department so that waiver determinations for candidates for graduation are provided to school districts, AVTSs or charter schools, including cyber charter schools, at least 10 calendar days prior to graduation.

 (3) If a chief school administrator requests emergency waivers for more than 10% of students in the graduating class of a school district, AVTS or charter school, including a cyber charter school, the chief school administrator shall submit an action plan for approval by the Secretary. The action plan must identify improvements the school district, AVTS or charter school, including a cyber charter school, will implement to each course associated with the Keystone Exam content for which the waivers are requested.

 (4) The Department shall annually report to the Board the number of emergency waivers issued to each school district, AVTS and charter school, including a cyber charter school.

§ 4.52. Local assessment system.

 (a) Each school 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 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].

 (2) Use assessment results to improve curriculum and instructional practices[,] and to guide instructional strategies [and to develop future strategic plans under § 4.13].

 (3) Provide information requested by the Department regarding the achievement of academic standards, but which does not include student names, identification numbers or individually identifiable information.

 (4) Provide summary information, including results of assessments under this section, to the general public regarding the achievement of students, but which does not include student names, identification numbers or individually identifiable information.

 (b) The local assessment system shall be approved by the board of school directors, at minimum, once every 6 years and implemented no later than 1 year after [its strategic plan or revision is approved by the board of school directors under § 4.13] the approval date.

 (c) [The local assessment system shall be described in the school entity's strategic plan under § 4.13(c)(5).

 (d) The local assessment system shall be described in the district's (including a charter school's) or AVTS's strategic plan under § 4.13(c)(5), including industry certifications earned by vocational-technical students, Pennsylvania skill certificates earned by vocational technical education students, and projects completed by vocational-technical education students which demonstrate their occupational competency.

 (e)] The local assessment system shall be designed to include a variety of assessment strategies which may include the following:

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 [(f)] (d) Individual test information shall be maintained in a student's educational record in a manner consistent with section 438 of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.A. § 1232g) and 34 CFR Part 99 (relating to family educational rights and privacy).

 [(g)] (e) Children with disabilities shall be included in the local assessment system, with appropriate accommodations, when necessary. As appropriate, the school district, including a charter [schools] school, or AVTS shall develop guidelines for the participation of children with disabilities in alternate assessments for those children who cannot participate in the local assessment as determined by each child's Individualized Education Program team under the Individuals with Disabilities Education Act and this part.

 [(h)] (f) The Department will establish a Local Assessment Validation Advisory Committee. The Committee will develop the criteria for the local validation process and criteria for selection of approved validation entities as provided in [§ 4.24(b)(1)(iv)(B)] § 4.24(c)(1)(iii)(B) (relating to high school graduation requirements). The Department, in consultation with the Committee, will establish a list of entities approved to perform independent validations of local assessments. The Committee will submit its recommendations for approval or disapproval to the Board. The Department will post the approved criteria, selection criteria and list of approved entities on its web site.

SCHOOL PROFILES

§ 4.61. School profiles.

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 (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).

 (c)] The Secretary will prescribe procedures for reporting State assessment data to schools and communities.

 [(d)] (c) The Secretary will make available to the public, and report to the public with the same frequency and in the same detail as for children who are nondisabled, all data as required under the Individuals with Disabilities Education Act.

APPENDIX A. PENNSYLVANIA COMMON CORE STANDARDS FOR ENGLISH LANGUAGE ARTS AND MATHEMATICS

MASTER TABLE OF CONTENTS

I. Pennsylvania Common Core Standards for English Language Arts
Grades Pre K—5

II. Pennsylvania Common Core Standards for English Language Arts
Grades 6—12

III. Pennsylvania Common Core Standards for Mathematics
Grades Pre K—High School

I. PENNSYLVANIA COMMON CORE STANDARDS FOR ENGLISH LANGUAGE ARTS
GRADES PRE K—5

INTRODUCTION

 These standards describe what students should know and be able to do with the English language, pre-kindergarten through grade 12. The standards provide the targets for instruction and student learning essential for success in all academic areas, not just language arts classrooms. Although the standards are not a curriculum or a prescribed series of activities, school entities will use them to develop a local school curriculum that will meet local students' needs.

 Five standard categories are designed to provide a Pre K—12 continuum to reflect the demands of a college and career ready graduate:

Standard 1: Foundational Skills begin at Pre Kindergarten and focus on early childhood, with some standards reflected through Grade 5. These foundational skills are a necessary and important component of an effective, comprehensive reading program designed to develop proficient readers with the capacity to comprehend text—both literary and informational across disciplines.

Standard 2: Reading Informational Text enables students to read, understand, and respond to informational text.

Standard 3: Reading Literature enables students to read, understand, and respond to works of literature.

Standard 4: Writing develops the skills of informational, argumentative, and narrative writing as well as the ability to engage in evidence-based analysis of text and research.

Standard 5: Speaking and Listening focuses students on communication skills that enable critical listening and effective presentation of ideas.

 With a focus on college and career readiness, the instructional shifts as reflected in Common Core are evident throughout the PA Common Core Standards:

 • Balancing the reading of informational and literary texts so that students can access non-fiction and authentic texts as well as literature

 • Focusing on close and careful reading of text so that students are learning from the text

 • Building a staircase of complexity (i.e., each grade level requires a ''step'' of growth on the ''staircase'') so that students graduate college or career ready

 • Supporting writing from sources (i.e., using evidence from text to inform or make an argument) so that students use evidence and respond to the ideas, events, facts, and arguments presented in the texts they read.

 • Stressing an academically focused vocabulary so that students can access more complex texts

 The English Language Arts Standards also provide parents and community members with information about what students should know and be able to do as they progress through the educational program and at graduation. With a clearly defined target provided by the standards, parents, students, educators and community members become partners in learning. Each standard implies an end of year goal—with the understanding that exceeding the standard is an even more desirable end goal.

 Note: The Aligned Eligible Content is displayed with the standard statement. On Standard Aligned System portal, it is a live link.

TABLE OF CONTENTS

Foundational Skills (Pre K—5)
1.1

 Students gain a working knowledge of concepts of print, alphabetic principle, and other basic conventions. These foundational skills are not an end in and of themselves; rather, they apply them as effective readers.

 • Book Handling

 • Print Concepts

 • Phonological Awareness

 • Phonics and Word Recognition

 • Fluency

Reading Informational Text
1.2

 Students read, understand, and respond to informational text—with an emphasis on comprehension, vocabulary acquisition, and making connections among ideas and between texts with a focus on textual evidence.

 • Key Ideas and Details

 • Craft and Structure

 • Integration of Knowledge and Ideas

 • Vocabulary Acquisition and Use

 • Range of Reading and Text Complexity

Reading Literature
1.3

 Students read and respond to works of literature—with emphasis on comprehension vocabulary acquisition, making connections among ideas and between texts with focus on textual evidence.

 • Key Ideas and Details

 • Craft and Structure

 • Integration of Knowledge and Ideas

 • Vocabulary Acquisition and Use

 • Range of Reading and Text Complexity

Writing
1.4

 Students write for different purposes and audiences. Students write clear and focused text to convey a well-defined perspective and appropriate content.

 • Informative/Explanatory Writing

 • Opinion/Argumentative Writing

 • Narrative Writing

 • Response to Literature

 • Production and Distribution of Writing

 • Technology and Publication

 • Conducting Research

 • Credibility, Reliability, and Validity of Sources

 • Range of Writing

Speaking and Listening
1.5

 Students present appropriately in formal speaking situations, listen critically, and respond intelligently as individuals or in group discussions.

 • Comprehension and Collaboration

 • Presentation of Knowledge and Ideas

 • Integration of Knowledge and Ideas

 • Conventions of Standard English

[Continued on next Web Page]

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