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PA Bulletin, Doc. No. 21-889

PROPOSED RULEMAKING

STATE BOARD OF EDUCATION

[ 22 PA. CODE CH. 4 ]

Academic Standards and Assessment

[51 Pa.B. 3103]
[Saturday, June 5, 2021]

 The State Board of Education (Board) proposes to amend Chapter 4 (relating to academic standards and assessment) by amending §§ 4.3, 4.4, 4.12, 4.21, 4.22, 4.23, 4.24, 4.31, 4.32, 4.33, 4.34, 4.35, 4.51, 4.51a, 4.51b, 4.51c, 4.51d and 4.52 and adding Appendix B-1 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 high school graduation for public schools across this Commonwealth, including school districts, area career and technical schools (ACTS), charter schools and cyber charter schools. This proposed rulemaking seeks to update the academic standards in Science and Technology and Environment and Ecology, as set forth in the current Appendix B, and to establish a time frame for implementation of updated standards presented in Appendix B-1. Finally, this proposed rulemaking also seeks to make technical amendments unrelated to science standards to align other provisions of the chapter with changes to the Public School Code of 1949 enacted under the act of June 21, 2017 (P.L. 200, No. 6) (Act 6 of 2017), the act of October 24, 2018 (P.L. 1146, No. 158) (Act 158 of 2018), the act of June 28, 2019 (P.L. 117, No. 16) (Act 16 of 2019) and the act of October 30, 2019 (P.L. 460, No. 76) (Act 76 of 2019).

Background

 Businesses and industries involved in Science, Technology, Engineering and Mathematics (STEM) are growing in this Commonwealth, driving a demand for skilled and well-educated workers, who are prepared to be successful in the 21st century economy. Data from the United States Bureau of Labor Statistics shows that STEM-related occupations have remained resilient during the economic crisis ignited by the novel coronavirus (COVID-19) pandemic. Employment projections from the United States Bureau of Labor Statistics further show that STEM occupations are projected to grow by 8% through 2029, with an annual mean salary of $89,000. This is nearly parallel to the Pennsylvania Workforce Needs Assessment 2016—2026 that shows STEM jobs are predicted to grow at a rate of approximately 9% through 2026, and that there are more than 13,000 unfilled computer science and software development jobs. Scholars in this Commonwealth need to be equipped with the knowledge, skills and experiences that prepare them to enter into and be successful in the workforce.

 To best prepare students for the STEM economy and the 21st century workforce, the Department of Education's (Department) work is guided by a vision for equity, innovation and openness. The Department strives to establish a culture for learning across this Commonwealth, that ensures every student can be included in high quality science education. Pennsylvania's Integrated Standards for Science, Environment, Ecology, Technology and Engineering (K—5), Pennsylvania's Integrated Standards for Science, Environment and Ecology (6—12), and Pennsylvania's Technology and Engineering Standards (6—12) were established on the following foundational principles:

 • Every student is capable of science, engineering, technological and environmental literacy.

 • Science, engineering, technology, environment and ecology should be explored through an integrated and active learning process.

 • Iteration and reflection are a critical component of the learning process.

 • Success depends upon the partnerships between educators, students, families, postsecondary providers and institutions, legislators, businesses and industries.

 The process for reviewing and revising the State's current Science and Technology and Environment and Ecology standards, which were adopted in 2002, was guided by the Department's vision for learning and grounded in these core principles.

 The Board, in September 2019, directed the Department to begin the process of updating this Commonwealth's current Academic Standards for Science and Technology and Academic Standards for Environment and Ecology. Since their adoption in 2002, cognitive science has improved the understanding of how students learn and revealed the requirement for students to have a deeper knowledge of a complex and rapidly changing world. This Commonwealth's science standards must reflect this growing body of research so every student has a rigorous, responsive and just vision for science learning, equipping them with the skills to be successful in career and citizenry.

 To begin the review process, the Department, in collaboration with the American Institutes for Research, held 14 stakeholder engagement sessions across this Commonwealth from February 2020 through March 2020 to gather feedback on updating Pennsylvania's academic standards for science. The stakeholder sessions were held both in person and virtually. Of the more than 951 members of the public who provided input at these sessions, most were elementary and secondary educators, school administrators, postsecondary educators, student teachers, business and industry representatives, representatives of community not-for-profit organizations, parents and students.

 In addition to the stakeholder sessions, the Department released a survey and collected data from additional surveys by organizations like the Pennsylvania Science Teachers Association. Stakeholder feedback was captured in a report, ''Science and Technology & Environment and Ecology Standards: A National Landscape Scan and Pennsylvania Stakeholder Feedback,'' that summarized the current research and best practices regarding science, environment, ecology, technology and engineering standards. That report was presented to the Board at a public meeting in May 2020 and, at the same time, was made available to members of the public.

 In April 2020, the Department solicited applications from interested members of the public to serve on committees to review and revise the State's science standards. Applicants were nominated to serve on committees through a multireviewer process on the basis of their depth and breadth of expertise in curriculum and standards development, understanding of the existing standards and current research, equity and access in education and meeting needs of diverse learners, and overall education experience. Recommendations for individuals to serve on the committees were considered by the Board at a public meeting and the Board approved nominees to serve on the Committees in May 2020.

 In June 2020 and July 2020, the committees met to review the stakeholder input as well as research-based frameworks and guidelines—such as the National Research Council's (NRC) A Framework for K—12 Science Education: Practices, Crosscutting Concepts, and Core Ideas (2012), the North American Association for Environmental Education's (NAAEE) K—12 Environmental Education: Guidelines for Excellence (2019), the Ecological Society of America's (ESA) Four-Dimensional Ecology Education (4DEE) framework (2018), the International Technology and Engineering Educators Association's (ITEEA) Standards for Technological and Engineering Literacy (STEL) (2020), the International Society for Technology in Education's (ISTE) Standards for Students (2019), the National Council for Agricultural Education (NCAE) Agriculture Food and Natural Resources (AFNR) Career Cluster Content Standards (2015), and other National and international frameworks. Committee members also reviewed relevant information from Pennsylvania-specific documents, such as this Commonwealth's existing academic standards for Science and Technology and academic standards for Environment and Ecology, to inform the development of recommended revised standards. Committee members collaborated to identify key content within those research-informed frameworks and other key National and international standards in science, environment, ecology, technology, engineering and agriculture. They sought to identify cross-content connections while adding sustainability, Pennsylvania Career Ready Skills and other Pennsylvania-specific contexts.

 Over 9 full-day convenings, committee members discussed the essential elements of academic standards. Attention to equity and access surfaced as foundational in the development of the standards recommendations. Equity in the context of the standards can be defined as a foundation of knowledge and skills critical for and accessible to all students, as well as ''a characteristic of the instructional environment that increases the capacity for everyone to participate in meaningful learning'' as described by Windschitl, Thompson, and Braaten in their 2018 publication ''Ambitious Science Teaching.'' This begins with standards that are crafted to allow for the individual and personalized experiences, knowledge and skills students bring with them to the classroom.

 Following recommendations from current research to ensure equitable opportunities exist for all students, committee conversations and research indicating how students learn best, committee members worked over a series of 30 additional meetings to draft recommendations for revised State science standards. Interspersed throughout the drafting process, a series of focus groups engaged students, educators, and business and industry representatives to garner additional input and feedback on the committees' work. Special care was made to ensure representatives of small business, along with students and educators from diverse backgrounds, were included in the focus groups. An invitation to provide input was extended to representatives of small businesses to satisfy a standard established in the Regulatory Review Act (71 P.S. §§ 745.1—745.12) that requires agencies to solicit ideas and comments from small businesses and to examine the impact of a proposal on these businesses. The outgrowth of these efforts resulted in a set of recommended standards drafted with an attention to the committees' commitment to equity and inclusivity to open doors to STEM fields for all students. Therefore, these socially mediated practices embedded in the standards provide an equitable on-ramp for all students as they transition their developing and experience-based notions of the scientific world to conceptions that are scientifically based.

 The committee's recommendations for updated standards—reflected in the Pennsylvania Integrated Standards for Science, Environment, Ecology, Technology and Engineering (Grades K—5), Pennsylvania Integrated Standards for Science, Environment and Ecology (Grades 6—12), and the Pennsylvania Technology and Engineering Standards (Grades 6—12)—were developed in parallel to ensure consistency and coherence. The organization and presentation of the standards are similar to create a cohesive K—12 integrated approach to science education in this Commonwealth.

 These recommendations for updated science standards were considered and adopted by the Board at a virtual public meeting in September 2020. Drafts of the proposed standards were posted to the Board's web site in advance of the meeting so that members of the public could access the content that was the subject of the Board's deliberations.

 In addition to the substantive effort to update the State's academic standards for science, the Board identified a need to review Chapter 4 for consistency with recent changes enacted to the Public School Code of 1949. This review identified four acts of the General Assembly—Act 6 of 2017, Act 158 of 2018, Act 16 of 2019 and Act 76 of 2019—that either added new sections or amended existing sections of the Public School Code of 1949 that address existing subject matter in Chapter 4. To address inconsistencies between the Public School Code of 1949 and Chapter 4 resulting from these Acts, the Board undertook an effort to integrate a comprehensive set of technical amendments into this proposed rulemaking to conform Chapter 4 with changes to statute and to create consistency for affected parties.

 Technical amendments are being presented at the same time the Board considers substantive amendments to science standards to create efficiency in the rulemaking process. In considering these technical amendments in September 2020 at the same time it approved proposed updates to science standards, the Board sought to maintain transparency and accessibility for members of the public by posting language of draft technical amendments to Chapter 4 on its web site in advance of the meeting.

 Technical amendments address provisions governing high school graduation requirements, Keystone Exams, compulsory school age and terminology updates. The Board identified a need to amend requirements related to Keystone Exams and high school graduation requirements to conform to changes enacted by Act 6 of 2017 that scaled back the number of Keystone Exams to be developed and established a new pathway to satisfy graduation requirements for eligible students pursuing career and technical education.

 The Board further identified a need to amend requirements established in Chapter 4 related to Keystone Exams and high school graduation requirements to conform to changes enacted by Act 158 of 2018. Act 158 of 2018 put in place broad changes to graduation requirements that were not in concert with the existing provisions of Chapter 4, including creating additional pathways to satisfy state graduation requirements, extending the effective date for the use of Keystone Exams as part of graduation determinations, modifying requirements for administering and participating in both supplemental instruction and project-based assessment, establishing new parameters for issuing waivers to students who do not meet state graduation requirements and establishing new reporting requirements related to how students graduate. The breadth of amendments enacted under Act 158 of 2018 necessitates updates to Chapter 4 to ensure that students, parents, educators and school administrators have a clear understanding of the State's expectations for high school graduation and that these affected parties are not accessing information in Chapter 4 that is in conflict with statute.

 In Act 76 of 2019, the General Assembly adopted comprehensive terminology updates to the Public School Code of 1949 to replace the term ''vocational-technical education'' with ''career and technical education'' and to replace the term ''area vocational-technical school'' with ''area career and technical school.'' The Board identified a need to update the same terminology used throughout Chapter 4 to be parallel with terminology now used in statute.

 Finally, Act 16 of 2019 enacted changes to the Public School Code of 1949 that included reducing the compulsory school age from age 8 to age 6. A review of Act 16 of 2019 identified a need to update an existing provision of Chapter 4 pertaining to primary education to reflect the lowering of the compulsory school age.

Need for the rule

 Academic standards define what students should know and be able to do at specific grade levels. They establish goals for student learning. Academic standards do not represent a particular curriculum or instructional methodology. Rather, they provide a foundation for the development of local curriculum and serve as guideposts to which local curriculum should be aligned.

 As it pertains to the State's academic standards for science, this proposed rulemaking is necessary for three reasons.

 First, it is essential to set forth the academic standards that will serve as the substantive underpinning for high-quality instruction and assessment in this Commonwealth. Therefore, the Board is proposing the Pennsylvania Integrated Standards for Science, Environment, Ecology, Technology and Engineering (Grades K—5), Pennsylvania Integrated Standards for Science, Environment and Ecology (Grades 6—12), and the Pennsylvania Technology and Engineering Standards (Grades 6—12) as set forth in Appendix B-1.

 Second, this proposed rulemaking is necessary for this Commonwealth to remain academically and economically competitive with other American public education systems and economies, including those in neighboring states. As of the 2020-2021 school year, this Commonwealth's current Science and Technology and Environment and Ecology Standards were 18 years old. Since 2013, science standards have been updated in 44 states across the country according to data compiled by the American Institutes for Research. The proposed amendments to Pennsylvania's standards are designed to provide every student in this Commonwealth with the knowledge and skills to be successful in the 21st century global economy.

 Third, it is critical that the standards are inclusionary of and accessible for all students and educators in this Commonwealth. The proposed standards have been designed to integrate the knowledge and skills core to the science, technology, engineering, environment and ecology disciplines while making explicit connections with Math, Language Arts, and the Pennsylvania Career Ready Skills framework. The proposed standards lay the foundation for students to apply knowledge and skills from known situations to novel contexts. The integrative nature of the proposed standards makes explicit connections for educators and breaks down artificially created content ''silos'' to inspire connected student learning, preparing them for the workforce.

 This proposed rulemaking is necessary to further address inconsistencies between statute and existing provisions of Chapter 4 caused by changes enacted to the Public School Code of 1949 by the General Assembly. Incorporating a comprehensive set of technical amendments to conform Chapter 4 with changes in statute will create alignment across State-level education policies and create consistency for affected stakeholders in understanding expectations.

Provisions of the Proposed Rulemaking

 This proposed rulemaking would amend the following provisions in Chapter 4:

§ 4.3. Definitions

 The existing definition of ''AVTS—area vocational-technical school'' is proposed to be replaced with a definition for ''ACTS—area career and technical school.'' Within the definition, the term ''vocational-technical education'' is being amended to refer to ''career and technical education.'' These proposed revisions reflect technical amendments to align the regulation with parallel terminology updates that were made globally throughout the Public School Code of 1949 by Act 76 of 2019. Technical amendments are incorporated throughout relevant sections of this proposed rulemaking to make existing references to AVTSs consistent with proposed amendments to this definition.

 This proposed rulemaking deletes the existing definition for ''vocational-technical education'' and replaces it with a new definition for ''career and technical education.'' No changes are proposed to the narrative description of the definition as it appears under the existing definition of ''vocational-technical education.'' The proposed amendments only replace the term being defined with the more current language (''career and technical education'') that was incorporated throughout the Public School Code of 1949 by Act 76 of 2019. Technical amendments are incorporated throughout relevant sections of this proposed rulemaking to replace existing references to ''vocational-technical education'' with ''career and technical education,'' making language consistent with proposed revisions to this definition and consistent with terminology now used in statute.

§ 4.11(g)(3) and (4). Purpose of public education

 The Board is proposing to align references to academic content areas in these sections with the structure of the proposed new science standards in § 4.12(a)(1)(ii) and (a)(2)(ii) and (iii) (relating to academic standards). These revisions are necessary to create consistency with the substantive changes proposed in § 4.12(a)(1)(ii) and (a)(2)(ii) and (iii).

§ 4.12(a)(1)(i) and (ii) and (a)(2)(i)—(iii). Academic standards

 The Board is proposing to sunset the current academic standards in Science and Technology and in Environment and Ecology (published in Chapter 4 as Appendix B) on June 30, 2024. The Board further is proposing to establish three new sets of academic standards in science that would take effect July 1, 2024, as follows: Pennsylvania Integrated Standards for Science, Environment, Ecology, Technology and Engineering (Grades K—5), Pennsylvania Integrated Standards for Science, Environment and Ecology (Grades 6—12), and Pennsylvania Technology and Engineering Standards (Grades 6—12). Amendments to these sections also include a narrative description for each set of proposed new standards. As reflected later in Annex A, proposed new standards would be published in Chapter 4 as Appendix B-1.

§ 4.12(i). Academic standards

 The Board is proposing to amend the 3-year time frame for reviewing State academic standards and State assessments established in this section. Proposed amendments set forth that the reviews be conducted no sooner than every 5 years and no later than every 10 years. Conducting academic standards reviews every 3 years may not provide school entities adequate time to fully implement updated academic standards and gain experience delivering instruction under those standards before beginning a review process that may result in additional modifications to those standards. The Board finds a range of 5 years to 10 years between reviews to be a more feasible timeframe.

§ 4.21(a). Elementary education: primary and intermediate levels

 The Board is proposing to amend this section to reflect a change to the compulsory school age enacted by Act 16 of 2019. Act 16 of 2019 reduced the age at which compulsory school attendance is required in Pennsylvania from age 8 to age 6. Language in this section speaks to the age at which children ordinarily complete a primary school program and currently references age 8. This language is being revised to align with the statutory change that lowered the age for compulsory attendance to age 6, the age at which students now are required to begin attending a primary school program.

§ 4.21(e)(3) and (4). Elementary education: primary and intermediate levels

 Existing requirements in § 4.21(e) (relating to elementary education; primary and intermediate levels) set forth that planned instruction at the primary level shall align with State academic standards. Changes to this section are editorial to be consistent with substantive changes in § 4.12 that set forth proposed revisions to academic standards.

§ 4.21(f)(3) and (4). Elementary education: primary and intermediate levels

 The Board is proposing to conform planned instruction topics for intermediate grades, set forth in this section, with the structure of the Pennsylvania Integrated Standards for Science, Environment, Ecology, Technology and Engineering (Grades K—5) as proposed in § 4.12(a)(1)(ii). Changes to this section are editorial for consistency with substantive changes in § 4.12.

§ 4.22(c)(3) and (5). Middle level education

 The Board is proposing to conform the planned instruction topics for middle level education, set forth in these sections, with the structure of the Pennsylvania Integrated Standards for Science, Environment, Ecology, Technology and Engineering (Grades K—5), Pennsylvania Integrated Standards for Science, Environment, and Ecology (Grades 6—12), and Pennsylvania Technology and Engineering Standards (Grades 6—12) as proposed in § 4.12(a)(1)(ii) and (a)(2)(ii) and (iii). These changes are editorial for consistency with substantive changes in § 4.12.

§ 4.23(c)(3) and (5). High school education

 The Board is proposing to conform the planned instruction topics for high school set forth in these sections with the structure of the Pennsylvania Integrated Standards for Science, Environment, and Ecology (6—12) and the Pennsylvania Technology and Engineering Standards (grades 6—12) as proposed in § 4.12(a)(2)(ii) and (iii). These changes are editorial for consistency with substantive changes in § 4.12.

§ 4.24. High school graduation requirements

 In Act 6 of 2017 and Act 158 of 2018, the General Assembly enacted various changes to State high school graduation requirements. Act 6 of 2017 established new graduation requirements for students who are defined in statute as ''CTE Concentrators.'' The graduation pathway for CTE Concentrators and the definition of students who qualify to use this standard to meet graduation requirements are set forth in sections 121(c) and (d) of the Public School Code of 1949 (24 P.S. § 1-121(c) and (d)).

 Act 158 of 2018 expanded the pathways that may be used to demonstrate readiness for graduation for general education students who are not CTE Concentrators. Act 158 of 2018 also delayed the effective date for use of the high school-level State assessments—Keystone Exams— as a graduation requirement. Among other changes, Act 158 of 2018 further established that students cannot be required to participate in a project-based assessment to satisfy graduation requirements, set forth that students who do not demonstrate proficiency on a Keystone Exam may be offered supplemental instruction but shall not be required to participate in this supplemental instruction, and permitted the inclusion of Keystone Exam performance results on student transcripts at the discretion of each school entity.

 The amendments enacted to the Public School Code of 1949 by Act 6 of 2017 and Act 158 of 2018 supersede high school graduation policies established by the Board in Chapter 4. To the extent that the aforementioned amendments are in conflict with the Board's existing graduation policies, the Board is proposing technical amendments to conform related provisions of Chapter 4 with the changes enacted by Act 6 of 2017 and Act 158 of 2018 to provide clarity and consistency between statute and regulation.

§ 4.24(a). High school graduation requirements

 Technical amendments to this section extend the date by which local governing boards must approve, publish and distribute graduation requirements to no later than the beginning of the 2020-2021 school year. The deadline for this action is being extended for consistency with the date now set forth for such action in section 121(c.10) of the Public School Code of 1949 (24 P.S. § 1-121(c.10)).

§ 4.24(c) and (c)(1). High school graduation requirements

 The Board is proposing to delay the effective date of these sections to the 2022-2023 school year. These revisions create consistency with amendments to section 121(b)(1) of the Public School Code of 1949 (24 P.S. § 1-121(b)(1)) that states ''. . .the use of Keystone Exams as a graduation requirement or as a benchmark for the need for participation in a project-based assessment shall be delayed until the 2022-2023 school year.''

§ 4.24(c)(1)(iii). High school graduation requirements

 Existing Board policy requires students to demonstrate proficiency in the current academic standards for Science and Technology and Environment and Ecology to satisfy State graduation requirements. In addition, Federal accountability policies require high school students to participate in a uniform state assessment in science, and Pennsylvania's Keystone Exam in Biology has been approved by the United States Department of Education to satisfy this requirement. As the Board is proposing to update the existing science standards cited in this section in revisions proposed in § 4.12(a)(1)(ii) and (a)(2)(ii) and (iii), it is necessary to identify relevant content of the proposed new standards that would be assessed for the purposes of graduation and Federal accountability. Amendments to this section make clear that future determinations related to high school graduation will be based on a student demonstrating proficiency in the proposed high school-level Science and Environment and Ecology standards presented in proposed Appendix B-1.

§ 4.24(c)(1)(iii)(A). High school graduation requirements

 Technical amendments to this section recognize that students may meet graduation requirements by attaining proficiency on Keystone Exams or by satisfying requirements of one of the pathways to graduation established by the General Assembly in section 121(c) and (c.1) of the Public School Code of 1949 (24 P.S. § 1-121(c) and (c.1)). Technical amendments to this section further remove reference to completion of a project-based assessment as a measure of proficiency to satisfy graduation requirements. Removal of the reference to project-based assessment conforms the regulation with section 121(c.5) of the Public School Code of 1949 (24 P.S. § 1-121(c.5)) that sets forth in statute that school entities may not be required to offer project-based assessments and students may not be required to participate in or complete project-based assessments as established in § 4.51(c) (relating to State assessment system).

§ 4.24(c)(1)(iii)(B)(I). High school graduation requirements

 Existing language in this section sets forth that validated local assessments used for the purpose of demonstrating graduation requirements must align with Biology-related content in current states. As the Board is proposing to update its science standards, revisions to this section identify the relevant new standards proposed in § 4.12(a)(2)(ii) that contain Biology-related content for alignment with this section.

§ 4.24(c)(1)(iii)(B)(III). High school graduation requirements

 The proposed deletion of § 4.24(d)—(f) (relating to high school graduation requirements) necessitated technical updates to the identification of the remaining subsections. As a result, existing subsection (g) is relabeled sequentially as subsection (d). Technical amendments presented in subsection (c)(1)(iii)(B)(III) update the existing cross-reference to refer to the appropriate section as it has been relabeled due to amendments elsewhere in the rulemaking.

§ 4.24(c)(1)(iii)(C). High school graduation requirements

 The use of Advanced (AP) and International Baccalaureate (IB) exams for satisfying high school graduation requirements was addressed by the General Assembly in the graduation pathways established by Act 158 of 2018. Pathways that include consideration of AP and IB exam scores are reflected in section 121(c.1) of the Public School Code of 1949. Use of these assessments for making graduation determinations, as defined by the General Assembly, is captured in the statutory reference presented in proposed amendments to § 4.24(c)(1)(iii)(A) of this proposed rulemaking. Therefore, the Board is proposing to delete this section as it does not align with statutory amendments regarding the use of AP and IB exam scores as they pertain to high school graduation determinations and a reference to the appropriate use of these exams as defined in statute is incorporated elsewhere in this proposed rulemaking.

§ 4.24(d) and (e). High school graduation requirements

 Act 6 of 2017 deleted language from statute directing the development of Keystone Exams in English composition, algebra II, geometry, United States history, chemistry, civics and government, and world history. Therefore, the Board is proposing to delete these sections from the regulation to conform to changes reflected in section 121(a) of the Public School Code of 1949 that eliminate Keystone Exams in these content areas. Further, existing language in subsections (d) and (e) provide for a student to demonstrate proficiency in academic standards in English Language Arts (Composition) and Civics and Government through a pathway including a Keystone Exams. This pathway is no longer possible due to the elimination of Keystone Exams in these content areas by Act 6 of 2017 and, as such, the Board is proposing to delete the language from Chapter 4.

§ 4.24(f). High school graduation requirements

 In Act 6 of 2017, the General Assembly established graduation requirements for students pursuing Career and Technical Education that are in conflict with the requirements for these students presented in this section of Chapter 4. Amendments to the Public School Code of 1949 established a definition for ''CTE Concentrator'' to define the population of students eligible to graduate under the pathway for CTE Concentrators set forth in section 121(c). Graduation requirements for CTE Concentrators are captured in the statutory reference presented in amendments to § 4.24(c)(1)(iii)(A) of this proposed rulemaking. Therefore, the Board is proposing to delete this section as its requirements do not align with statutory amendments regarding graduation measures for students who are CTE Concentrators and a reference to the graduation pathway for these students, as defined by the General Assembly, is incorporated elsewhere in this proposed rulemaking.

§ 4.24(d). (former subsection (g)) High school graduation requirements

 Due to the proposed deletion of § 4.24(d)—(f), existing subsection (g) is being relabeled as subsection (d) to maintain sequential order of the remaining sections. Amendments to the designation for each section are carried through the end of § 4.24 to update the remaining sections with appropriate sequential references due to the deletion of subsections (d)—(f).

§ 4.24(f). (former subsection (i)) High school graduation requirements

 The Board is proposing to amend requirements for student transcripts set forth in this section to align with requirements as established in section 121(c.9) of the Public School Code of 1949 (24 P.S. § 1-121(c.9)). Current language in this section of the regulation requires performance levels attained on Keystone Exams, validated local assessments or project-based assessments to be recorded on student transcripts. The current language is in conflict with changes enacted by Act 158 of 2018 to the aforementioned section of the School Code that permit, but do not require, performance levels demonstrated in each of the State academic standards, including the highest performance level attained on a Keystone Exam, to be included on a student's transcript. The changes enacted by Act 158 of 2018 grant discretion to each individual school entity to determine whether or not to present this information on transcripts and how such information may be included.

§ 4.24(h). (former subsection (k)) High school graduation requirements

 Act 158 of 2018 established section 121(c.4) of the Public School Code of 1949 (24 P.S. § 1-121(c.4)) governing supplemental instruction offered to students who do not demonstrate proficiency on a Keystone Exam or locally validated assessment. This statutory provision allows school entities to offer supplemental instruction, but prohibits required participation by students in supplemental instruction. Statutory language governing supplemental instruction further requires that these offerings not intrude on time for participation in Career and Technical Education programming or instruction related to a student's career, military or postsecondary education plans. Existing requirements for supplemental instruction established in subsection (h) are in conflict with the changes enacted by Act 158 of 2018 as the current regulation requires schools to offer supplemental instruction to students who do not demonstrate proficiency on a Keystone Exam or locally validated assessment and also requires students to participate in supplemental instruction. Therefore, the Board is proposing to amend this section to align with changes in statute which set forth that students are not required to participate in supplemental instruction and that schools may, but are not required, to offer supplemental instruction.

§ 4.24(i). High school graduation requirements

 Amendments to this section make technical edits to reflect the proposed deletion of the existing § 4.24(d) and (e) as previously described. Proposed revisions further align the section with language that addresses student transfers from an out-of-State school in section 121(c.8) of the Public School Code of 1949 (24 P.S. § 1-121(c.8)). Language directing determinations of proficiency for out-of-State transfer students to be made ''subject to guidance developed by the Secretary'' is being deleted as a parallel requirement does not exist in the aforementioned statutory provision that addresses such determinations.

§ 4.24(m). High school graduation requirements

 The Board is proposing to delete this section as the transitions facilitated under it are no longer relevant. As discussed earlier, Act 6 of 2017 removed language directing Keystone Exams to be developed in additional content areas beyond the exams already administered in Literature, Algebra I and Biology. Section 4.24(d) and (e) are proposed to be deleted to conform with that change in statute. Therefore, language in this section that addresses successfully effectuating transitions to the existing requirements of § 4.24(d) and (e) is no longer relevant as Keystone Exams will not be developed in the academic standards identified in those sections. Further, language that addresses transition between § 4.24(b) and (c) is no longer relevant as it addresses requirements for the 2015-2016 and 2016-2017 school years that did not take effect due to delays in the implementation of Keystone Exams as amended in section 121(b)(1) of the Public School Code of 1949.

§ 4.24(j). High school graduation requirements

 The Board is proposing to add this new subsection to conform the regulation with section 121.1 of the Public School Code of 1949 (24 P.S. § 1-121.1). This technical amendment addresses conditions set forth in statute that suspend state requirements for students to take Keystone Exams in any year where the Federal government waives testing and accountability and requirements and, alternatively, provides for a student to be deemed proficient for the purposes of meeting the high school graduation requirements set forth in § 4.24 by demonstrating successful completion of locally-established, grade-based requirements for the academic content areas associated with each Keystone Exam.

§ 4.31. Career and Technical Education

 As described in amendments to § 4.3 (relating to definitions), updated terminology replacing ''vocational-technical education'' with Career and Technical Education is presented throughout § 4.31 (relating to vocational-technical education) and other relevant sections of this proposed rulemaking.

§ 4.31(a). Career and Technical Education

 Amendments proposed earlier in this rulemaking reorganize § 4.24(g) as § 4.24(d). This section includes a technical amendment to reference the appropriate cross-reference as it is relabeled elsewhere in this proposed rulemaking to maintain sequential ordering.

§ 4.51(a)(6). State assessment system

 This section sets forth the purpose of the State assessment system and identifies the academic standards through which student proficiency is measured on a State assessment. State assessments aligned with current standards for Science and Technology and Environment and Ecology are administered at three points in a student's educational career—grade 4, grade 8 and following completion of coursework in Biology. The Board is proposing to update the standards to which these State assessments are aligned, as proposed in § 4.12(a)(1)(ii) and (a)(2)(ii) and (iii). As this, amendments to subsection (a)(6) would align State assessments administered in Science with the new science standards proposed in Appendix B-1 of this proposed rulemaking.

§ 4.51a. Pennsylvania System of School Assessment

 This section directs the Department to develop exams used as part of the Pennsylvania System of School Assessment (PSSA) based on academic standards identified in the section, including our current academic standards in Science and Technology and Environment and Ecology. This Commonwealth currently administers the PSSA in Science in grade 4 and in grade 8, as required in this section of Chapter 4. As previously noted, in this proposed rulemaking the Board is seeking to adopt new academic standards for science. Proposed amendments to § 4.51a(a) (relating to Pennsylvania System of School Assessment) and its paragraphs align references to academic standards for science with the structure of the new proposed standards and adds reference to the new science standards proposed in Appendix B-1 of this proposed rulemaking.

§ 4.51a(a)(3). Pennsylvania System of School Assessment

 Proposed amendments to subsection (a)(3) align references to academic standards for science with the structure of the new proposed standards, consistent with language presented in the proposed amendment to § 4.51a.

§ 4.51b(a)(1)—(4). Keystone Exams

 The Board is proposing to make technical amendments to conform this section with changes enacted by Act 6 of 2017. Act 6 of 2017 deleted language from section 121(a) of the Public School Code (24 P.S. § 1-121(a)) that directed the Department to develop Keystone Exams in additional content areas beyond the existing exams for Literature, Algebra I and Biology. Therefore, provisions in subsection (a)(1)—(4) that direct the Department to develop Keystone Exams in Algebra II, Geometry, composition, American history, world history, and civics and government are in conflict with changes to statute. Proposed amendments to these sections delete language directing the development of Keystone Exams in content areas that no longer are included in statute and update language for grammatical consistency. Finally, an amendment to subsection (a)(3) proposed to update the academic standards to which the Keystone Biology exam is aligned to refer to the new Pennsylvania Integrated Standards for Science, Environment and Ecology (grades 6—12) as contained in Appendix B-1 of this proposed rulemaking.

§ 4.51b(d). Keystone Exams

 The Board is proposing technical amendments to conform this section with changed enacted by Act 158 of 2018. Through the addition of section 121(c.4) to the Public School Code of 1949, Act 158 of 2018 prohibits the required participation of students in supplementary instruction, which is inconsistent with language in subsection (d) that creates conditions regarding eligibility to retake a Keystone Exam that require successful completion of supplementary instruction as a prerequisite. Act 158 of 2018 further addressed the matter of Keystone Exam retakes in the addition of section 121(c.7) to the Public School Code of 1949 (24 P.S. § 1-121(c.7)). Statutory language in that new section permits a student to retake a Keystone Exam only if the student or parent submits a written request. Subsection (d) does not specify that requests to retake a Keystone Exam must be submitted in writing. Therefore, revisions are being proposed to § 4.51b(d) (relating to Keystone Exams) to align language in the regulation with relevant changes enacted by Act 158 of 2018 that address supplementary instruction and Keystone Exam retakes.

§ 4.51b(f). Keystone Exams

 The Board is proposing technical amendments to conform subsection (f) with statutory changes enacted by Act 158 of 2018. As noted previously, Act 158 of 2018 prohibits required participation of students in supplemental instruction, as set forth in section 121(c.4) and (5) of the Public School Code of 1949. Therefore, language regarding the provision of supplemental instruction in this section is being amended to replace the term ''shall'' with the term ''may'' to recognize that a student cannot be required to participate in supplemental instruction offerings. Additional amendments to this section are being proposed to conform with section 121(c.5) of the Public School Code of 1949 which establishes that no school entities may be required to offer project-based assessments and students may not be required to participate in or complete a project-based assessment. Subsection (f) now is inconsistent with these statutory changes as it would require a student to complete a project-based assessment if other conditions established in the section are not met. The Board is proposing to delete language requiring students to complete a project-based assessments in certain circumstances and to align subsection (f) with provisions governing project-based assessment as they now are set forth by the General Assembly in statute.

§ 4.51b(j) and (k). Keystone Exams

 The Board is proposing to delete subsections (j) and (k) to conform with changes enacted by Act 6 of 2017 that eliminated language directing the development of Keystone Exams in Algebra II, Geometry, composition, civics and government, world history, U.S. history and chemistry. These sections are no longer relevant as Keystone Exams in these content areas will not be developed.

§ 4.51b(j). (former Section 4.51(b)(1)) Keystone Exams

 The Board is proposing to amend subsection (j) to recognize that the Federal No Child Left Behind Act of 2001 (NCLB) (Pub.L. No. 107-110) has been reauthorized and that Keystone Exams will continue to serve as the approved high school level accountability system required under the Every Student Succeeds Act (Public Law 114-95), NCLB's successor Federal statute. The Board also is proposing to delete language that speaks to prospective approval of the Algebra I, Literature and Biology Keystone Exams by the United States Department of Education as the approval already has been granted. The section also includes a technical amendment updating the term ''AVTSs'' to ''ACTSs,'' consistent with parallel terminology changes that are incorporated throughout the chapter. Finally, the citation for § 4.51b(l), along with citations for subsections (k)—(n), are being relabeled to maintain sequential order of provisions due to the proposed deletion of subsections (j) and (k).

§ 4.51c. Project-based assessment

 Proposed amendments to § 4.51c (relating to project-based assessment) conform the section with changes enacted by Act 6 of 2017 and Act 158 of 2018. Subsection (a) deletes language that directs project-based assessments to be developed in composition and civics and government that are aligned to the modules of the Keystone Exams. Act 6 of 2017 eliminated the development of Keystone Exams in composition and civics and government. Thus, developing project-based assessments in those content areas no longer is relevant as there will be no Keystone Exam modules in those content areas to which a project-based assessment would be aligned.

 A reference to section 121(c.5) of the Public School Code of 1949 that governs participation in project-based assessment is proposed to be added by the Board for clarity in the permissible use of project-based assessment by school entities and for alignment with statutory changes that do not require districts to administer project-based assessment and that prohibit the required participation of students in project-based assessment.

 The Board is proposing to delete subsections (b)—(g) to further conform the regulation with section 121(c.5) of the Public School Code of 1949. Language in these sections sets forth requirements for the administration of project-based assessment and establishes criteria that may make a student eligible to participate in a project-based assessment, which is in conflict with section 121(c.5) that does not require school entities to offer project-based assessments and prohibits required participation of students in project-based assessments.

§ 4.51d. Waivers

 Act 158 of 2018 added section 121(c.3) to the Public School Code of 1949 (24 P.S. § 1-121(c.3)) that addresses the circumstances in which chief school administrators may grant waivers to demonstrations of proficiency required for high school graduation. Waiver provisions established in § 4.51d (relating to waivers), including those related to the percentage of students who may qualify to receive a waiver, are inconsistent with the waiver requirements established in statute. The Board is proposing to delete language in § 4.51d, 4.51d(1)(i)—(iv) and 4.51d(2) and create clarity surrounding waiver requirements by replacing this language with a reference to waiver requirements established by the General Assembly in section 121(c.3) to the Public School Code of 1949.

 The citation for § 4.51d(3) is being relabeled as § 4.51d(1) to align with the proposed deletion of the subsections preceding it. Within this section, the Board is proposing to incorporate an additional technical amendment to ensure annual reporting on the number of waivers issued to students is conducted in a manner consistent with the reporting requirements for waivers set forth in section 121(c.11)(6) of the Public School Code of 1949 (24 P.S. § 1-121(c.11)(6)).

 Finally, the Board is proposing to delete § 4.51d(6) as it refers to action that would occur under paragraph (2) of § 4.51d and this rulemaking proposes the deletion of paragraph (2).

Appendix B-1

 The Board is proposing to add Appendix B-1 as a new Appendix in the regulation. Appendix B-1 contains three sets of proposed new academic standards for science as follows: Pennsylvania Standards for Integrated Science, Environment, Ecology, Environment and Engineering (Grades K—5), Pennsylvania Standards for Integrated Science, Environment and Ecology (Grades 6—12), and Pennsylvania Technology and Engineering Standards (Grades 6—12).

 As described previously, amendments to § 4.12(a)(1)(ii) and (a)(2)(ii) and (iii) set forth a July 1, 2024, effective date for the proposed standards in Appendix B-1. Proposed amendments to § 4.12(a)(1)(i) and (a)(2)(i) address the current science standards published in Appendix B and set forth that those standards would sunset on June 30, 2024.

 The State's current Academic Standards for Science and Technology and Academic Standards for Environment and Ecology, adopted in 2002, were organized by topics of what students should know and be able to do by the end of 4th, 7th, 10th and 11th grades. The standards contained in Appendix B-1 of this proposed rulemaking requires a shift to grade level expectations for kindergarten through fifth grade, allowing for clear learning progressions by grade in elementary school, and require a shift to grade bands for 6—8 and 9—12 allowing for greater flexibility in course design and progression at the middle and high school levels.

 The current Academic Standards for Science and Technology and Academic Standards for Environment and Ecology, adopted in 2002, also were organized into two separate sets of standards. As they pertain to the earliest grades, the new standards presented in this proposed rulemaking requires integration of Environment, Ecology, Science, Engineering and Technology education for kindergarten through fifth grade. The integration of Science, Technology, Engineering, Environment and Ecology into one document for kindergarten through fifth grades systemically ensures equity of the content covered at these early grades and enables educators to expose students to the interconnected nature of Science, Technology, Engineering, Environment and Ecology at the earliest grades. Further, the integration of Science, Technology, Engineering, Environment and Ecology, along with their application, reflects how these disciplines are practiced in the real world.

 The standards contained in Appendix B-1 of this proposed rulemaking also reflect a shift to the integration of Science with Environment and Ecology for grades 6—12, encouraging integration across the Science disciplines while promoting equity by ensuring the Environment and Ecology content is included in Science instruction for all students across all grades.

 Finally, the State's current Academic Standards for Science and Technology and Academic Standards for Environment and Ecology, adopted in 2002, were organized into two separate sets of standards documents with Technology and Engineering integrated across each set of standards. The standards presented in Appendix B-1 of this proposed rulemaking separate Technology and Engineering standards from the Science, Environment and Ecology standards for grades 6—12.

 The new standards presented in this proposed rulemaking are informed by seminal research in science, technology, environment and ecology education, such as the National Research Council's ''A Framework for K—12 Science Education, Standards for Technology and Engineering Literacy'' and the Environment and Ecology framework of the North American Association for Environmental Educators. In addition, this proposed rulemaking considers the Pennsylvania context with clear connections to agriculture, career readiness and sustainability. This proposed regulation shifts away from a focus on the regurgitation of disciplinary content to a multidimensional approach for teaching and learning that includes cross-content connections such as the understanding of ''scale, proportion, and quantity'' and ''systems and system models,'' disciplinary core ideas such as ''physical sciences'' or ''life sciences'', and practices like ''developing and using models'' or ''analyzing and interpreting data''. This proposed regulation sets the conditions for students to work and learn across these multiple dimensions by better preparing students to apply skills and concepts in a novel context and demonstrating knowledge and skills gained through the learning experiences.

Affected Parties

 This proposed rulemaking would affect public school districts, ACTSs, and charter and cyber charter schools in this Commonwealth, and their employees and students, as well as educator preparation programs that prepare new teachers.

Cost and Paperwork Estimates

 This proposed rulemaking will not impose any costs on students. Further, this proposed rulemaking is not anticipated to impose new costs on programs that train new educators. The proposed updated standards will act as a guide for redesigning some courses educator preparation programs deliver to individuals preparing to become teachers to ensure course content is aligned to current academic standards.

 This does not impose a new cost for additional coursework. Rather, the impact on educator preparation programs would shift the content of some existing courses, and the Department will provide educator preparation program faculty with access to implementation supports it will make available for updated science standards to support this work.

 Further, the Department will update its program framework guidelines for educators in the science, technology, environment, ecology and engineering fields to align with the new proposed standards. Outreach conducted with the Pennsylvania Association of Colleges and Teacher Educators, which includes educator preparation programs at private colleges and universities, State-related universities and the Pennsylvania State System of Higher Education (PASSHE), indicated that this proposed rulemaking will not impose a cost on the institutions. Educator preparation program updates occur through two basic means: as a part of faculty expectations or as departmental service. Costs only would be incurred if updates occurred outside of the contract period (PASSHE faculty are 9-month employees), and approval for curriculum updates could take 12—18 months (2-3 semesters) at some institutions. This proposed rulemaking includes a July 1, 2024, effective date for implementation of updated standards which should provide adequate time for educator preparation programs to make any necessary adjustments.

 As part of the stakeholder engagement convened by the Department in developing recommended standards updates, science educators were asked to complete a survey that included strategic questions to discern what academic standards K—12 schools utilize when creating their curriculum. The results of the survey indicated that, as of the 2019-2020 school year, approximately 42% of respondents in this Commonwealth reported using the National frameworks in designing learning experiences, while between 35—37% reported having curriculums aligned to National standards and frameworks. This presumably will necessitate fewer or more minor adjustments to curriculum to align with the updated standards in this proposed rulemaking, since the proposed amended standards were informed by current National standards frameworks in their development and incorporate some elements of the frameworks already referenced by educators.

 For the purposes of this proposed rulemaking, school entities are considered local governments. To determine a specific estimate of the costs to local governments, the Board sought to determine the cost of implementing updated standards in the remaining school entities in this Commonwealth that did not report that they already are aligning their curriculum to current National standards and frameworks and, thus, would need to revise curriculum. School entities typically engage in curriculum review cycles every 5 to 6 years. Thus, the Board anticipates that efforts to implement the updated standards included in this proposed rulemaking will be reflected in school entities' existing budgetary practices for curriculum review and updates, therefore becoming part of a traditional cycle for updating school entity resources. As that, this proposed rulemaking does not add new costs in so much as it refines the focus of current instruction.

 At the State level, the Board anticipates that this proposed rulemaking will cost approximately $17,994,792 in total through Fiscal Year (FY) 2025-2026 to review and update the PSSA exams in Science, the Keystone Biology exam, the Pennsylvania Standards Aligned System resources and to provide technical support for school entities. As a result of this proposed rulemaking, the Department anticipates a need to update the PSSA Science exams, administered in grades 4 and 8, and the Keystone Exam in Biology to align to the proposed updates to our academic standards in science. To support implementation of the revised standards locally, the Department will provide educators with access to State-developed resources through the Standards Aligned System web site, professional learning, and on-going support and consultation. The Department will provide technical assistance supports through the expertise of its content advisors and additional professional learning supports through the Statewide System of Support deployed through collaboration with the existing network of regional Intermediate Units.

 Through collaboration with the State's 29 Intermediate Units, the Department drives professional learning to support science, technology, environment, and ecology education through the Statewide System of Support. Since 2016, the Department has been driving professional learning to educators and school entities aligned to robust research, practice, and recent guidance outlined by ''A Framework for K—12 Science Education: Practices, Crosscutting Concepts, and Core Ideas,'' ''Taking Science To School,'' and ''Science Teacher's Learning: Enhancing Opportunities Creating Supportive Contexts.'' Since 2016, the Department has invested more than $4.3 million in Federal and State funds to enhance educators' and school entities' ability to ensure all learners, especially those who have been historically underserved, are included in science, technology, engineering and environmental learning experiences. The investment has resulted in the development of an Open Education Resource (OER) STEM Toolkit, provision of research-aligned professional learning for thousands of educators across the commonwealth, and school entities' building STEM Comprehensive plans. This upfront investment over the last 4 years will support school entities in implementing the new standards included in this proposed rulemaking.

 Continued annual investments of $1.8 million in the Statewide System of Support will ensure each Intermediate Unit has a STEM Point of Contact with the expertise to deliver professional learning and technical assistance at no cost to school entities as they build towards implementation of the Pennsylvania Integrated Standards for Science, Environment, Ecology, Technology and Engineering (Grades K—5), Pennsylvania Integrated Standards for Science, Environment and Ecology (Grades 6—12), and the Pennsylvania Technology and Engineering Standards (Grades 6—12).

 In addition to the State-level investments in education infrastructure through the Intermediate Units, the Department employs content advisors who provide curriculum alignment supports for school entities across this Commonwealth. The Department has individual content advisors dedicated to science, technology, engineering, environment and ecology education with the expertise necessary to guide implementation for the field. Support for standards implementation by the Department, including updating, aligning and designing resources for school entities and educators, can be carried out with the current staff complement of content advisors. The resources developed by the Department will be curated on the Department's Standards Aligned System web site for voluntary use by school entities at no cost to the school entities.

 Below is an estimate of anticipated costs to the State to implement the proposed rulemaking on an annual basis through FY 2025-2026:

FY 2020-2021: The estimated State cost is $1,827,000, which represents the annual investment in the Pennsylvania Statewide System of Support deployed through Intermediate Units to provide professional learning to educators.

FY 2021-2022: The estimated State cost is $1,827,000, which represents the annual investment in the Pennsylvania Statewide System of Support deployed through Intermediate Units to provide professional learning to educators.

FY 2022-2023: The estimated State cost is $9,258,797, which reflects a flat annual investment in the Pennsylvania Statewide System of Support to provide professional learning for educators, work to revise state assessments and efforts to revise the state resource system for educators to align resource content with the proposed new standards. Anticipated costs include aligning the State assessment question bank to reflect the content of the updated science standards in the proposed regulation and modernizing the testing process towards technology-enhanced items. Updated performance-based academic standards will enable adjustments to state assessments that enable automated scoring.

FY 2023-2024: The estimated State cost is $2,891,071, which reflects efforts to continue refining State assessment items and resources for educators.

FY 2024-2025: The estimated State cost is $1,827,00, and estimated savings are $1,463,076, resulting in an estimated net cost of $363,924. The estimated cost reflects an annual investment in the Pennsylvania Statewide System of Support to provide professional learning for educators. The estimated savings reflects a shift in assessment practices. The Department anticipates that updated State assessments will be administered for the first time beginning in FY 2024-2025. Estimated savings are realized through a shift from hand-scored assessments to automated scoring, enabled by adopting updated performance-based standards. This estimate assumes a shift from hand-scored items to technology-enhanced items. Hand-scored items require the time and expertise of several professionals to score individual assessments. Technology-enhanced items do not require the time and expertise of several professionals. It is anticipated that this shift will result in annual savings in future years.

FY 2025-2026: The estimated State cost is $1,827,000, which reflects a flat annual investment in the Pennsylvania Statewide System of Support to provide professional learning for educators.

 Estimated State costs take into account resources and collaborations, such as Federal grants, that will support implementation of this proposed rulemaking. Through collaborative efforts with the State's network of Intermediate Units, the Department has been working with the Stroud Watershed Research Center, the National Oceanic and Atmospheric Association, the Department of Conservation and Natural Resources, the Department of Environmental Protection and other collective impact partners through a multiyear Federal grant to build a robust network that is delivering professional learning and technical assistance in environmental, ecology and watershed education to school entities across this Commonwealth. The collaboration represents an upfront investment preparing educators and school entities for research-aligned supports and has established a foundation for implementing the new standards presented in this proposed rulemaking. This Federally grant-funded program will continue through 2022 to support professional development for educators and environmental literacy for scholars across this Commonwealth.

Effective Date

 This 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 of its regulations. Thus, no sunset date is necessary.

Regulatory Review

 Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), on May 11, 2021, 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 in section 5.2 of the Regulatory Review Act (71 P.S. § 745.5b) 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.

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-stateboardofedpa.gov. Comments must be submitted to Board within 30 days of publication of this notice of proposed rulemaking in the Pennsylvania Bulletin.

 Persons with disabilities needing an alternative means of providing public comment may make arrangements by calling the Board at (717) 787-3787 or through the Pennsylvania Hamilton Relay Service at (800) 654-5984 (TDD) or (800) 654-5988 (voice users) to discuss how the Board may accommodate their needs.

KAREN MOLCHANOW, 
Executive Director

Fiscal Note: 6-347. (1) General Fund; (2) Implementing Year 2020-21 is $1,827,000; (3) 1st Succeeding Year is 2021-22 is $1,827,000; 2nd Succeeding Year 2022-23 is $9,258,797; 3rd Succeeding Year 2023-24 is $2,891,071; 4th Succeeding Year 2024-25 is $363,924; 5th Succeeding Year 2025-26 is $1,827,000; (4) 2019-20 Program—$6,826,960,000; 2018-19 Program—$6,176,781,000; 2017-18 Program—$6,076,455,000; (7) PA Assessment, Teacher Professional Development, General Government Operations and Basic Education Funding; (8) recommends adoption.

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