§ 4.1. Statutory authority.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   AVTS—Area vocational-technical school—A public school that provides vocational-technical education to secondary school students, out-of-school youth and adults in a geographical area comprised and operated by one or more school districts and established under sections 1840—1853 of the School Code (24 P. S. § §  18-1840—18-1853).

   Academic standard—What a student should know and be able to do at a specified grade level.

   Apprenticeship program—A competency-based program that coordinates and integrates classroom instruction with a structured work-based employment experience designed for students.

   Assessment—A valid and reliable measurement of student performance on a set of academic standards in a subject area that captures student understanding of the set as a whole and the central concepts, knowledge and skills of each content area.

   Board—The State Board of Education established by sections 2601-B—2606-B of the School Code (24 P. S. § §  26-2601-B—26-2606-B).

   Cooperative vocational-technical education—A planned method of instruction developed through a signed cooperative arrangement among school representatives, students, parents and employers in the community to provide students with an opportunity to alternate in-school academic and vocational-technical instruction in entry-level paid employment in an occupational field, in which the student’s total occupational work experience is planned, coordinated and supervised by the school in close cooperation with the employer.

   Curriculum—A series of planned instruction aligned with the academic standards in each subject that is coordinated and articulated and implemented in a manner designed to result in the achievement at the proficient level by all students.

   Department—The Department of Education of the Commonwealth.

   ESOL—English to speakers of other languages.

   Employment area—A geographic area where vocational-technical education program completers are most likely to be employed.

   Individuals with Disabilities Education Act—20 U.S.C.A. § §  1400—1482.

   Intermediate unit—A regional educational service agency established under sections 951—974 of the School Code (24 P. S. § §  9-951—9-974), which provides educational services to participating school districts as part of the public school system of this Commonwealth.

   PSSA—Pennsylvania System of School Assessment.

   Parent or guardian—A person legally responsible for a student’s care.

   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 determined in strategic plans under §  4.13 (relating to strategic plans).

   Prekindergarten—A program operated by a school district or by a community agency under contract from a school district that is open to children who are at least 3 years of age and completed prior to the school district’s entry age for kindergarten.

   School Code—The Public School Code of 1949 (24 P. S. § §  1-101—27-2702).

   School entity—A local public education provider (for example, public school district, charter school, cyber charter school, AVTS or intermediate unit).

   School organization—The organization of a school district’s programs into kindergarten, primary, intermediate level, middle level and high school programs, including programs operated at AVTSs.

   Secretary—The Secretary of Education of the Commonwealth.

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

   Tech-prep program—A combined secondary and postsecondary program which leads to an associate degree or certificate and employment by providing technical preparation in engineering technology, applied science, mechanical, industrial or practical art or trade, agriculture, health or business, including development of competence in mathematics, science and communications through a sequential course of study.

   Vocational-technical education—Programs under public supervision and control which provide an organized process of learning experiences designed to develop integrated academic and occupational skills, knowledge, attitudes, work habits and leadership ability for entry into and advancement within various levels of employment in occupational areas of agriculture, business, marketing and distribution, health, home economics and trade and industry and for participation in postsecondary education and training.

   The provisions of this §  4.3 amended under section 2603-B of the Public School Code of 1949 (24 P. S. §  26-2603-B).

   The provisions of this §  4.3 amended December 15, 2006, effective December 16, 2006, 36 Pa.B. 7542; amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872. Immediately preceding text appears at serial pages (332005) and (332006).

 (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).

 (b)  It is the policy of the Board that local school entities have the greatest possible flexibility in curriculum planning consistent with providing quality education and in compliance with the School Code, including requirements for courses to be taught (24 P. S. § §  15-1501 and 16-1605); subjects to be taught in the English language (24 P. S. §  15-1511); courses adapted to the age, development and needs of the pupils (24 P. S. §  15-1512); minimum school year of 180 days and minimum of 900 hours of instruction at the elementary level and 990 hours of instruction at the secondary level (24 P. S. § §  15-1501 and 15-1504); employment of sufficient numbers of qualified professional employees (24 P. S. §  11-1106) and superintendents to enforce the curriculum requirements of State law (24 P. S. §  10-1005); and this part.

 (c)  Access to educational programs shall be provided without discrimination on the basis of a student’s race, sex, color, religion, disability, sexual orientation or national origin.

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

   (1)  Access to information about the curriculum, including academic standards to be achieved, instructional materials and assessment techniques.

   (2)  A process for the review of instructional materials.

   (3)  The right to have their children excused from specific instruction that conflicts with their religious beliefs, upon receipt by the school entity of a written request from the parents or guardians.

   (4)  The right of the parent or guardian to review the State assessments in the school entity, at least 2 weeks prior to their administration, during convenient hours for parents and guardians. Necessary security requirements to maintain the validity of the assessment shall be taken in accordance with the State assessment administration instructions.

   (5)  If upon inspection of State assessments parents or guardians find the assessments in conflict with their religious belief and wish their students to be excused from the assessment, the right of the parents or guardians will not be denied upon written request to the applicable school district superintendent, charter school chief executive officer or AVTS director.

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

   (7)  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.

   The provisions of this §  4.4 amended under section 2603-B of the Public School Code of 1949 (24 P. S. §  26-2603-B).

   The provisions of this §  4.4 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872. Immediately preceding text appears at serial pages (332006), (323733) and (307695).

   This section cited in 22 Pa. Code §  11.7 (relating to religious objections).

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 planning) describe the purpose of public education, the academic standards, their relationship with one another and strategic plans.

 (b)  Public education prepares students for adult life by attending to their intellectual and developmental needs and challenging them to achieve at their highest level possible. In conjunction with families and other community institutions, public education prepares students to become self-directed, life-long learners and responsible, involved citizens.

 (c)  Together with parents, families and community institutions, public education provides opportunities for students to:

   (1)  Acquire knowledge and skills.

   (2)  Develop integrity.

   (3)  Process information.

   (4)  Think critically.

   (5)  Work independently.

   (6)  Collaborate with others.

   (7)  Adapt to change.

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

 (e)  Achievement of high academic standards in public education is dependent upon the quality of instruction in schools and student effort supported by the involvement of family and community.

 (f)  Assessment in public education is designed to determine student attainment of State and local academic standards.

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

   (1)  Reading, writing, speaking and listening.

   (2)  Mathematics.

   (3)  Science and technology.

   (4)  Environment and ecology.

   (5)  Social studies (civics and government, geography, economics and history).

   (6)  Arts and humanities.

   (7)  Career education and work.

   (8)  Health, safety and physical education.

   (9)  Family and consumer science.

 (h)  Public education provides planned instruction to enable students to attain academic standards under §  4.12. Planned instruction consists of at least the following elements:

   (1)  Objectives of a planned course, instructional unit or interdisciplinary studies to be achieved by all students.

   (2)  Content, including materials and activities, and estimated instructional time to be devoted to achieving the academic standards. Courses, instructional units or interdisciplinary studies of varying lengths of time may be taught.

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

   (4)  Procedures for measurement of the objectives of a planned course, instructional unit or interdisciplinary studies.

   The provisions of this §  4.11 amended under the Public School Code of 1949 (24 P. S. 26-2603-B).

 (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.

   (2)  Environment and ecology. Understanding the components of ecological systems and their interrelationships with social systems and technologies. These components incorporate the disciplines of resource management, agricultural diversity, government and the impact of human actions on natural systems. This interaction leads to the study of watersheds, threatened and endangered species, pest management and the development of laws and regulations.

   (3)  Social studies.

     (i)   History. Study of the record of human experience including important events; interactions of culture, race and ideas; the nature of prejudice; change and continuity in political systems; effects of technology; importance of global-international perspectives; and the integration of geography, economics and civics studies on major developments in the history of the Commonwealth, the United States and the world.

     (ii)   Geography. Study of relationships among people, places and environments, of geographic tools and methods, characteristics of place, concept of region and physical processes.

     (iii)   Civics and government. Study of United States constitutional democracy, its values and principles, study of the Constitution of the Commonwealth and government including the study of principles, operations and documents of government, the rights and responsibilities of citizenship, how governments work and international relations.

     (iv)   Economics. Study of how individuals and societies choose to use resources to produce, distribute and consume goods and services. Knowledge of how economies work, economic reasoning and basic economic concepts, economic decision making, economic systems, the Commonwealth and the United States economy and international trade.

   (4)  Arts and humanities. Study of dance, theatre, music, visual arts, language and literature including forms of expression, historical and cultural context, critical and aesthetic judgment and production, performance or exhibition of work.

   (5)  Career education and work. Understanding career options in relationship to individual interests, aptitudes and skills including the relationship between changes in society, technology, government and economy and their effect on individuals and careers. Development of knowledge and skill in job-seeking and job-retaining skills and, for students completing vocational-technical programs, the skills to succeed in the occupation for which they are prepared.

   (6)  Health, safety and physical education. Study of concepts and skills which affect personal, family and community health and safety, nutrition, physical fitness, movement concepts and strategies, safety in physical activity settings, and leadership and cooperation in physical activities.

   (7)  Family and consumer science. Understanding the role of consumers as a foundation for managing available resources to provide for personal and family needs and to provide basic knowledge of child health and child care skills.

   (8)  Reading, writing, speaking and listening.

     (i)   Reading. The application of phonemic awareness, phonics and word study, vocabulary, fluency and text comprehension in reading critically across subject areas; the interpretation and analysis of literary expression with analysis of the origins and structures of the English language and learning how to search a variety of texts to conduct research.

     (ii)   Writing. Narrative, informational and persuasive formal writing for an audience, including spelling and editing skills; and informal writing to capture and organize information for individual use.

     (iii)   Speaking and listening. Participation in conversation and formal speaking presentations.

   (9)  Mathematics. The understanding of fundamental ideas and the development of proficient mathematical skills in numbers, computation, measurement, statistics and data analysis, probability and predictions, algebra and functions, geometry, trigonometry and concepts of calculus. Using this content, students will learn to think, reason and communicate mathematically.

 (b)  In designing educational programs, school 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). 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 in Appendix A and incorporated here by reference and additional standards as may be adopted by the Board and promulgated as amendments to this chapter.

 (d)  A school entity’s curriculum shall be designed to provide students with planned instruction needed to attain these academic standards.

 (e)  School entities shall apply academic standards for students in all areas described under subsections (a) and (c). The local assessment plan under §  4.52 (relating to local assessment system) must include a description of how the academic standards will be measured and how information from the assessments is used to assist students having difficulty meeting the academic standards.

 (f)  School 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.

 (g)  In planning any revision of the academic standards in subsection (a) content areas, the Secretary will consult with educators, business and community leaders and parents.

 (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).

 (i)  Every 3 years, the Board will review the State academic standards and State assessments under this section to determine if they are appropriate, clear, specific and challenging, and will make revisions as necessary by revising this chapter.

   The provisions of this §  4.12 amended under the Public School Code of 1949 (24 P. S. 26-2603-B).

   The provisions of this §  4.12 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872. Immediately preceding text appears at serial pages (252321) to (252322) and (323735).

 (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.

   The provisions of this §  4.13 amended under section 2603-B of The Public School Code of 1949 (24 P. S. §  26-2603-B).

   The provisions of this §  4.13 amended December 15, 2006, effective December 16, 2006, 36 Pa.B. 7542; amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872; amended March 7, 2008, effective February 16, 2008. Immediately preceding text appears at serial pages (332266) to (332269).

   This section is cited in 22 Pa. Code §  4.3 (relating to definitions); 22 Pa. Code §  4.4 (relating to general policies); 22 Pa. Code §  4.11 (relating to purpose of public education); 22 Pa. Code §  4.12 (relating to academic standards); 22 Pa. Code §  4.20 (relating to prekindergarten education); 22 Pa. Code §  4.21 (relating to elementary education: primary and intermediate levels); 22 Pa. Code §  4.22 (relating to middle level education); 22 Pa. Code §  4.23 (relating to high school education); 22 Pa. Code §  4.24 (relating to high school graduation requirements); 22 Pa. Code §  4.31 (relating to vocational-technical education); 22 Pa. Code §  4.33 (relating to advisory committees); 22 Pa. Code §  4.51 (relating to State assessment system); 22 Pa. Code §  4.52 (relating to local assessment system); 22 Pa. Code §  4.61 (relating to school profiles); 22 Pa. Code §  12.41 (relating to student services); and 22 Pa. Code §  14.104 (relating to educational 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.

   (1)  The Secretary will provide academic standards, appropriate for early learning at the prekindergarten level, as guidance for the use of school districts that offer prekindergarten programs.

   (2)  Curriculum and instruction in the prekindergarten program must be standards-based.

   (3)  Prekindergarten programs may be offered to all 3 and 4 year olds or may be targeted to children who are most in need of prekindergarten services who reside in the district. Targeted programs may serve children who are at risk of school failure because of limited English proficiency, community factors, economic disadvantage, but may not exclude or be limited exclusively to children with disabilities. If a program is limited to an attendance area, children with disabilities must live in that attendance area to participate in the program. An attendance area is the geographic area within a school district designated by the school board for the purpose of assigning students to a school.

   (4)  The Secretary will issue guidance to school districts on developmentally appropriate curriculum, instruction and assessments for prekindergarten.

   (5)  Each school district that provides prekindergarten shall design an assessment system that includes prekindergarten and uses a variety of assessment strategies, which may include those listed in §  4.52(d) (relating to local assessment system), as appropriate.

   (6)  Prekindergarten programs must have a student/teacher ratio of no more than 20 students for one teacher and one teacher aide in a classroom (2 adults in a classroom for every 20 students). Programs of high quality ordinarily have a student/teacher ratio of 17 students for one teacher and one teacher aide in a classroom (2 adults for every 17 students). Programs operating under contract with community providers must comply with staffing qualifications as required by §  49.85(c) (relating to limitations).

   (7)  Beginning in the 2009-2010 school year, a teacher aide in a prekindergarten program shall meet one of the following criteria:

     (i)   Completion of a least 2 years of postsecondary study.

     (ii)   Possession of an associate’s degree or higher.

     (iii)   Ability to meet a rigorous standard of quality and demonstration through a formal State or local academic assessment of knowledge in and ability to assist in instructing reading, writing and mathematics. A rigorous standard of quality includes a demonstration of competence in basic literacy skills, including the ability to speak and write standard English and instruction of prekindergarten students in the acquisition of the knowledge, skills and abilities described in the early learning standards issued under paragraph (1).

   (8)  The Secretary may approve a meritorious prekindergarten program that does not meet all regulatory requirements for the program when, in the Secretary’s judgment, the program provides high quality learning opportunities for students and meets the following conditions:

     (i)   The school district has submitted to the Secretary a written request that provides justification for the waiver and includes a description of how the meritorious program will provide high quality learning opportunities for students.

     (ii)   The approval of the meritorious prekindergarten program is valid only for 1 school year.

     (iii)   Requests for renewals include evidence of positive student outcomes.

   (9)  A school district may make individual exceptions to the age of prekindergarten students based upon local policy to permit the enrollment of children under 3 years of age and 5 years of age or older.

   (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.

   (11)  School district contracted prekindergarten programs operated by a community provider shall provide a lead teacher for each classroom who meets the following minimum qualifications:

     (i)   An associate’s degree or greater in early childhood education or child development.

     (ii)   For programs operating before December 16, 2006, lead teachers shall possess a bachelor’s degree and early childhood certificate as provided in §  49.85(a) (relating to limitations) on or before December 16, 2011.

     (iii)   For programs contracted after December 16, 2006, lead teachers shall possess a bachelor’s degree and early childhood certificate as provided in §  49.85(a) within 5 years from the date students first attend the prekindergarten program.

   The provisions of this §  4.20 issued under section 2603-B of The Public School Code of 1949 (24 P. S. §  26-2603-B).

 (a)  The primary program shall ordinarily be completed by children who are approximately 8 years of age. School districts shall provide opportunities for individualized rates of learning and social and emotional development that reflect differing rates of development and learning styles of young children.

 (b)  Curriculum and instruction in the primary program must be standards-based and focus on introducing young children to formal education, developing an awareness of the self in relation to others and the environment, and developing skills of communication, thinking and learning. Literacy skills, including phonemic awareness, phonological awareness, fluency, vocabulary and comprehension and developmental writing will begin in prekindergarten and kindergarten, if offered, and developed appropriately for the primary grade level.

 (c)  The intermediate level program shall ordinarily be completed by children who are approximately 11 years of age.

 (d)  Standards-based curriculum and instruction in the intermediate level must enable all students to reach the proficient level on the local assessment system and the Statewide assessment system. Academic standards will guide the focus on learning specific subject matter content.

 (e)  Planned instruction aligned with academic standards in the following areas shall be provided to every student every year in the primary program. Planned instruction may be provided as separate course or other interdisciplinary activity.

   (1)  Language arts, integrating reading, writing, phonics, spelling, listening, speaking, literature and grammar, and information management, including library skills.

   (2)  Mathematics, including problem-solving and computation skills.

   (3)  Science and technology education, involving active learning experiences for students.

   (4)  Environment and ecology education, involving active learning experiences for students.

   (5)  Social studies (civics and government, economics, geography and history).

   (6)  Health, safety and physical education, including instruction in concepts and skills which affect personal, family and community health and safety, nutrition, the prevention of alcohol, chemical and tobacco abuse, knowledge and practice of lifetime physical activities, personal fitness, basic movement skills and concepts, motor skill development, principles and strategies of movement, and safety practices in physical activity settings.

   (7)  The arts, including active learning experiences in art, music, dance and theatre.

 (f)  Planned instruction in the following areas shall be provided to every student every year in the intermediate level program. Planned instruction may be provided as a separate course or as an instructional unit within another course or other interdisciplinary instructional activity:

   (1)  Language arts, integrating reading, writing, spelling, listening, speaking, literature and grammar.

   (2)  Mathematics, including problem-solving and computation skills.

   (3)  Science and technology, including instruction about agriculture and agricultural science.

   (4)  Environment and ecology, including instruction about agriculture and agricultural science.

   (5)  Social studies (civics and government, economics, geography and history).

   (6)  The arts, including art, music, dance and theatre.

   (7)  Understanding and use of library and other information sources.

   (8)  Health, safety and physical education, including instruction in concepts and skills which affect personal, family and community health and safety, nutrition, the prevention of alcohol, chemical and tobacco abuse, knowledge and practice of lifetime physical activities, personal fitness, basic movement skills and concepts, motor skill development, principles and strategies of movement and safety practices in physical activity settings.

 (g)  Planned instruction aligned with academic standards in the following areas shall be provided to every student at least once by the end of elementary school. Planned instruction may be provided as a separate course or as an instructional unit within another course or other interdisciplinary instructional activity. See section 1511 of the School Code (24 P. S. §  15-1511).

   (1)  History of the United States.

   (2)  History of the Commonwealth.

   (3)  Geography.

   (4)  Civics.

 (h)  This section does not preclude the teaching of other planned instruction designed to achieve a school entity’s mission, goals and academic standards.

 (i)  School districts, including charter schools, shall determine the most appropriate way to operate their primary and intermediate level elementary programs to achieve the purposes under subsections (b) and (d) and the mission, goals and academic standards in their strategic plans under §  4.13 (relating to strategic plans).

 (j)  Students who have not achieved proficiency in reading and mathematics during their primary grades (K—3), as determined by the school entity, shall be afforded additional instructional opportunities through a grade-level learning plan developed by the school entity. The plan will assist the student in acquiring the knowledge and skills necessary to achieve at the proficient level. Assessments to measure proficiency shall be described in the local assessment system under §  4.52 (relating to local assessment system).

 (k)  Students who have not achieved proficiency in reading and mathematics by the end of grade 5 as determined on State assessments under §  4.51 (relating to State assessment system) shall be afforded instructional opportunities to develop knowledge and skills necessary to achieve the proficient level.

   The provisions of this §  4.21 amended under the Public School Code of 1949 (24 P. S. 26-2603-B).

   The provisions of this §  4.21 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872. Immediately preceding text appears at serial pages (323741) and (252327) to (252328).

 (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).

 (b)  Curriculum and instruction in the middle level program must be standards-based and focus on mastery of academic subjects, the development of critical and creative thinking, information literacy, good health and encourage active participation in the school and community.

 (c)  Planned instruction aligned with academic standards in the following areas shall be provided to every student in the middle level program. Planned instruction may be provided as a separate course or as an instructional unit within a course or other interdisciplinary instructional activity:

   (1)  Language arts, integrating reading, writing, listening, speaking, literature and grammar.

   (2)  Mathematics, including mathematical reasoning, algebra and problem-solving.

   (3)  Science and technology, which involves active learning experiences and which may include laboratory experiments and instruction in agriculture and agricultural science.

   (4)  Social studies (civics and government, economics, geography and history, including the history and cultures of the United States, the Commonwealth, and the world).

   (5)  Environment and ecology, including social, political and economic aspects of ecology, and instruction in agriculture and agricultural science.

   (6)  Information skills, including access to traditional and electronic information sources, computer use and research.

   (7)  Health, safety and physical education, including instruction in concepts and skills which affect personal, family and community health and safety, nutrition, physical fitness, movement concepts, motor skill development, safety in physical activity settings, and the prevention of alcohol, chemical and tobacco abuse.

   (8)  The arts, including art, music, dance and theatre.

   (9)  Career education, including exposure to various career options and the educational preparation necessary to achieve those options.

   (10)  Technology education, emphasizing practical application of academic skills and problem-solving experiences facilitated by technology.

   (11)  Family and consumer science, including principles of consumer behavior and basic knowledge of child health and child care skills.

 (d)  This section does not preclude the teaching of other planned instruction designed to achieve a school entity’s academic standards.

 (e)  School entities shall determine the most appropriate way to operate their middle level programs to achieve the purposes under subsection (b) and the academic standards in their strategic plans under §  4.13.

   The provisions of this §  4.22 amended under the Public School Code of 1949 (24 P. S. 26-2603-B).

   The provisions of this §  4.22 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872. Immediately preceding text appears at serial pages (252328) and (293049).

 (a)  Instruction in the high school program must focus on the development of abilities needed to succeed in work and advanced education through planned instruction.

 (b)  Curriculum and instruction in the high school must be standards-based and provide all students opportunities to develop the skills of analysis, synthesis, evaluation and problem-solving and information literacy.

 (c)  Planned instruction aligned with academic standards in the following areas shall be provided to every student in the high school program. Planned instruction may be provided as a separate course or as an instructional unit within a course or other interdisciplinary instructional activity:

   (1)  Language arts, integrating reading, writing, listening, speaking, literature and grammar.

   (2)  Mathematics, including problem-solving, mathematical reasoning, algebra, geometry and concepts of calculus.

   (3)  Science and technology, including participation in hands-on experiments and at least one laboratory science chosen from life sciences, earth and space sciences, chemical sciences, physical sciences and agricultural sciences.

   (4)  Social studies (civics and government, economics, geography and history, including the history and cultures of the United States, the Commonwealth and the world).

   (5)  Environment and ecology, including scientific, social, political and economic aspects of ecology.

   (6)  The arts, including art, music, dance, theatre and humanities.

   (7)  Use of applications of microcomputers and software, including word processing, database, spreadsheets and telecommunications; and information skills, including access to traditional and electronic information sources, computer use and research.

   (8)  Health, safety and physical education, including instruction in concepts and skills which affect personal, family and community health and safety, nutrition, physical fitness, movement concepts, motor skill development, safety in physical activity settings, and the prevention of alcohol, chemical and tobacco abuse.

   (9)  Family and consumer science, including principles of consumer behavior and basic knowledge of child health, child care and early literacy skill development.

 (d)  The following planned instruction shall be made available to every student in the high school program:

   (1)  Vocational-technical education under § §  4.3 and 4.31—4.35 (relating to definitions; and vocational-technical education).

   (2)  Business education, including courses to assist students in developing business and information technology skills.

   (3)  World languages under §  4.25 (relating to languages).

   (4)  Technology education, incorporating technological problem-solving and the impacts of technology on individuals and society.

 (e)  College-level advanced placement courses may be offered as planned instruction in the high school curriculum.

 (f)  This section does not preclude the teaching of other planned instruction designed to achieve a school district’s, including a charter school’s, academic standards.

 (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 academic standards in their strategic plans under §  4.13 (relating to strategic plans).

   The provisions of this §  4.23 amended under the Public School Code of 1949 (24 P. S. 26-2603-B).

   The provisions of this §  4.23 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872. Immediately preceding text appears at serial pages (293049) to (293050).

 (a)  Each school district, including a charter school, shall specify requirements for graduation in the strategic plan under §  4.13 (relating to strategic plans). Requirements must include course completion and grades, completion of a culminating project and results of local assessments aligned with the academic standards. Students shall demonstrate proficiency in reading, writing and mathematics on either the State assessments administered in grade 11 or 12 or local assessment aligned with academic standards and State assessments under §  4.52 (relating to local assessment system) at the proficient level or better to graduate. The purpose of the culminating project is to assure that students are able to apply, analyze, synthesize and evaluate information and communicate significant knowledge and understanding.

 (b)  Beginning in the 2002-2003 school year, students who attain a score at the proficient level on any State assessed discipline administered in grade 10, 11 or 12 shall be granted a Pennsylvania Certificate of Proficiency for that discipline. Students with disabilities who meet the required proficiency level on State assessments with appropriate accommodations shall be granted a Pennsylvania Certificate of Proficiency.

 (c)  Beginning in the 2002-2003 school year, students who attain a score at the advanced level of proficiency on any State assessed discipline administered in grade 10, 11 or 12 shall be granted a Pennsylvania Certificate of Distinction for that discipline. Students with disabilities who meet the required proficiency level on State assessments with appropriate accommodations shall be granted a Pennsylvania Certificate of Distinction.

 (d)  Each school district, including 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 subsection (a).

 (e)  Children with disabilities who satisfactorily complete a special education program developed by an Individualized Education Program team under the Individuals with Disabilities Education Act and this part shall be granted and issued a regular high school diploma by the school district of residence. This subsection applies if the special education program of a child with a disability does not otherwise meet all requirements of this chapter. Children with disabilities who meet the required proficiency level on State assessments shall be granted the appropriate Certificate of Proficiency or Distinction.

 (f)  The Department will develop Pennsylvania Certificates of Proficiency and Distinction for each of the State assessed disciplines. The Department will distribute the certificates to each school district in sufficient quantity for the school district to issue to its students who have earned the Certificates. School districts shall enter student names on the appropriate certificate as described in subsections (b) and (c) and present the certificates to the student.

 (g)  The Department will develop, or cause to be developed, Certificates of Proficiency to acknowledge and recognize those students who attain a level of at least proficient in all State assessed disciplines. The certificates will be distinctive and differentiated from the certificates described in subsection (f). The certificates shall be awarded to students as appropriate in lieu of those prescribed in subsection (b).

 (h)  The Department will develop, or cause to be developed, Certificates of Distinction so as to acknowledge and recognize those students who attain a score at the advanced level of proficiency in all State assessed disciplines. The certificates will be distinctive and differentiated from the certificates described in subsection (f). The certificates shall be awarded to students as appropriate in lieu of those prescribed in subsection (c).

 (i)  Beginning in the 2003-04 school year, PSSA scores in each assessed discipline shall be included on student transcripts and may be released only with the permission of the student and parent or guardian, or the student only if the student is 18 years of age or older.

 (j)  This section does not allow for the release of individual student PSSA scores to the Department or other Commonwealth entities in accordance with §  4.51(c) (relating to State assessment system).

   The provisions of this §  4.24 amended under section 32 of the act of June 29, 2002 (P. L. 524, No. 88).

   The provisions of this §  4.24 amended October 25, 2002, effective October 26, 2002, 32 Pa.B. 5266; amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872. Immediately preceding text appears at serial pages (293050) and (304973) to (304974).

   IEP Compliance

   Court determined that hearing officer, when reaching the conclusion that the student had completed the graduation requirements, failed to consider whether the requirements of the student’s individualized education program (IEP) were fulfilled, as required by §  4.24(e). Because school district did not fulfill IEP obligation, it was required to pay tuition and fees for a transitional program after high school for one year, which the court found fulfilled the graduation requirements of §  4.24(e), Susquehanna Township School District v. Frances J., 823 A.2d 249, 255-56 (Pa.Cmwlth. 2003).

 (a)  World language programs must prepare students to be proficient in meeting the World Language Standards issued by the Department and available on its web site. Every school district shall provide planned instruction in at least two languages in addition to English, at least one of which shall be a modern language, and at least one of which shall be offered in a minimum 4-year sequence in the secondary program (middle level and high school).

 (b)  World language planned instruction under subsection (a) may be offered beginning at any grade level, including the elementary grades.

 (c)  World Language Standards issued by the Department will address the ability of students to communicate in a language other than English, including the ability to understand and interpret written and spoken language on a variety of topics and to develop knowledge and understanding of other cultures.

 (d)  As used in this section, the term ‘‘world language’’ means the study of the language, cultures, traditions and histories of different communities of people who communicate in languages other than English. American sign language is a world language.

   The provisions of this §  4.25 amended under the Public School Code of 1949 (24 P. S. 26-2603-B).

   The provisions of this §  4.25 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872. Immediately preceding text appears at serial page (304974).

 (a)  Physical education shall be taught as required under § §  4.21(e)(5) and (f)(8), 4.22(c)(7) and 4.23(c)(9) (relating to elementary education: primary and intermediate levels; middle level education; and high school education).

 (b)  The physical education program must be adapted for students who are medically unable to participate in the regular physical education program.

 (c)  The physical education program shall provide coeducational instruction, except that separation by sex may be permitted in courses involving contact sports. Separation by sex may not be used to exclude students of either sex from participating in any physical education instruction.

 (d)  In addition to physical education instruction under subsections (a)—(c), students of both sexes shall have equal access in interscholastic and intramural athletic programs to all of the following:

   (1)  School facilities.

   (2)  Coaching and instruction.

   (3)  Scheduling of practice time and games.

   (4)  Number of activities at each level of competition.

   (5)  Equipment, supplies and services.

   (6)  Funding appropriate to the sport.

 (e)  School districts may sponsor coeducational teams in interscholastic and intramural sports programs.

 (f)  Interscholastic and intramural teams playing contact sports may be separated by sex, but this subsection may not be used to exclude students of either sex from participating in a sport.

   The provisions of this §  4.27 amended under the Public School Code of 1949 (24 P. S. 26-2603-B).

 (a)  Under the Individuals with Disabilities Education Act and this part, children with disabilities shall be provided an education which enables them to be involved in and progress in the general curriculum under this chapter.

 (b)  Students who are gifted as defined in this part shall be provided an education that enables them to participate in acceleration or enrichment, or both, as appropriate.

 (c)  The educational program provided to children with disabilities shall be in accordance with their Individualized Education Programs under the Individuals with Disabilities Education Act and this part, even if the Individualized Education Program does not otherwise meet all requirements of this chapter.

 (a)  Instruction regarding prevention of human immunodeficiency virus (HIV) infection/acquired immunodeficiency syndrome (AIDS) and other life-threatening and communicable diseases shall be given for primary, intermediate, middle school and high school education and shall follow the requirements of subsections (b) and (c).

 (b)  Educational materials and instruction shall be determined by the local school district and be appropriate to the age group being taught. The program of instruction must include information about the nature of the diseases, treatments and cures, methods of transmission and how infection can be prevented. The school district may omit instruction in the elementary grades on transmission of disease through sexual activity. Programs discussing transmission through sexual activity must stress that abstinence from sexual activity is the only completely reliable means of preventing sexual transmission. Programs must stress that avoidance of illegal drug use is the only completely reliable means of preventing transmission of disease through shared drug paraphernalia.

 (c)  A school entity shall excuse a pupil from HIV/AIDS instruction when the instruction conflicts with the religious beliefs or principles of the pupil or parent or guardian of the pupil and when excusal is requested in writing. Prior to the commencement of instruction, a school district shall publicize that detailed curriculum outlines and curricular materials used in conjunction with the instruction are available to parents and guardians during normal school hours or at teacher-parent conferences. Curricular materials, if practical, shall be made available by the school entity for home instructional use by a parent or guardian if the student has been excused from the school entity’s HIV/AIDS instruction.

   The provisions of this §  4.29 amended under the Public School Code of 1949 (24 P. S. 26-2603-B).

   The provisions of this §  4.29 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872. Immediately preceding text appears at serial page (252333).

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) (relating to high school graduation requirements), including §  4.12(f) (relating to academic standards) and §  4.24(e) for students with disabilities with an individualized education program.

 (b)  Vocational-technical education courses may be taught at AVTSs or other high schools.

 (c)  Vocational-technical education programs must consist of a series of planned academic and vocational-technical education courses that are articulated with one another so that knowledge and skills are taught in a systematic manner. When appropriate, vocational-technical education programs must adopt, in program areas for which they are available, industry recognized skills standards and may also include cooperative vocational-technical education and participation in vocational student organizations to develop leadership skills.

 (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.

 (e)  The record of a student enrolled in a vocational-technical education program must include the student’s educational and occupational objectives and the results of the assessment of student competencies under subsection (d).

 (f)  Safety education, consisting of safety practices, accident prevention, occupational health habits and environmental concerns shall be integrated into the instruction and practices in vocational-technical education programs.

 (g)  School districts and AVTSs administering vocational-technical education programs shall develop written policies regarding admissions. Course announcements, guidance materials and other communications must convey the philosophy of equal access to students considering enrolling in AVTSs and include a description of admissions policies. The policies must assure that when admissions to AVTSs must be limited, the admissions shall be on a nondiscriminatory basis.

   The provisions of this §  4.31 amended under the Public School Code of 1949 (24 P. S. 26-2603-B).

   The provisions of this §  4.31 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872. Immediately preceding text appears at serial pages (252333) to (252334).

 (a)  The Secretary is responsible for the promulgation of standards appropriate for implementing §  4.31 (relating to vocational-technical education). Present standards, to the extent that they are inconsistent, are superseded by this chapter.

 (b)  The Secretary will report annually to the Board on the status of vocational-technical education programs, including tech-prep and apprenticeship programs. Reports will include numbers and types of programs, numbers of students, post-program status of students, Statewide competency standards and assessment information.

 (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.

 (c)  An occupational advisory committee shall be established for each vocational-technical education program or cluster of related programs offered by a school district or AVTS. The committee shall be appointed by the board of directors, and a majority of the members of the committee shall be employees and employers in the occupation for which training is provided. The committee shall meet at least twice each year to advise the board, administration and staff on curriculum, equipment, instructional materials, safety requirement, program evaluation and other related matters and to verify that the programs meet industry standards and, if appropriate, licensing board criteria and that they prepare students with occupation related competencies.

   The provisions of this §  4.33 amended under the Public School Code of 1949 (24 P. S. 26-2603-B).

   The provisions of this §  4.33 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872. Immediately preceding text appears at serial page (323743).

 (a)  A satellite vocational-technical education program may be operated by an AVTS board in conformity with a memorandum of understanding adopted with the participating school district’s board of school directors.

 (b)  Certified guidance personnel in each secondary school and AVTS shall be assigned responsibility to provide pupils with vocational-technical guidance services.

 (c)  Equipment will be deemed appropriate if it is compatible, insofar as practical, to that used in occupations or households for which vocational-technical education is provided.

 (a)  AVTS attendance areas shall conform to the plan of the State Board for Vocational Education. Boards of school directors may petition the State Board for Vocational Education for attendance area assignment or reassignment.

 (b)  The following provisions apply to the establishment of AVTSs:

   (1)  Where more than one district constitutes an attendance area, the appropriate intermediate unit may, and upon the request of any school district shall, call for an election by the boards of school directors within the attendance area to determine if an AVTS shall be established.

   (2)  A school district within the attendance area may elect to participate in the establishment of the AVTS.

   (3)  Where a single school district constitutes an attendance area, the board of school directors of that district may establish and operate AVTSs and be considered an AVTS board.

 (c)  The following provisions apply to articles of agreement for the establishment and operation of AVTSs:

   (1)  The boards of school directors of the school districts electing to participate in the AVTS shall enter into a written agreement setting forth rights and obligations of the participating school districts.

   (2)  No change will be made in the articles of agreement under paragraph (1) without the consent of each participating school district by the affirmative vote of each board of school directors.

   (3)  No school district may withdraw from the articles of agreement under paragraph (1) without the consent of each participating school district.

   This section cited in 22 Pa. Code §  4.23 (relating to high school education).

SCHEDULING AND LEARNING OPTIONS

§ 4.41. Scheduling.

 (a)  Kindergarten programs shall provide each kindergarten student with at least 2 1/2 hours of instruction each day for the full school term unless the school district, including charter schools, obtains prior Department approval for an alternative kindergarten program.

 (b)  A school district, including charter schools, shall obtain approval of the Department prior to scheduling 1/2-day sessions other than in kindergarten under subsection (a). A school district is not required to obtain approval of the Department prior to scheduling 1/2 day sessions for prekindergarten under subsection (e).

 (c)  A school district shall obtain approval of the Department prior to establishing a new school or changing school organization.

 (d)  Planned instruction offered in summer school may be designed as credit or noncredit offerings.

 (e)  School districts with prekindergarten programs shall provide prekindergarten students with at least 2 1/2 hours of instruction each day for the full school term unless the school district obtains prior Department approval for an alternative prekindergarten program.

   The provisions of this §  4.41 amended under section 2603-B of The Public School Code of 1949 (24 P. S. §  26-2603-B).

 This chapter does not require educational programs to be organized in traditional grades according to students’ chronological ages or academic achievement levels.

ASSESSMENT

§ 4.51. State assessment system.

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

   (1)  Provide students, parents, educators and citizens with an understanding of student and school performance consistent with the No Child Left Behind Act of 2001 the act of January 8, 2002 (Pub. L. No. 107-110, 115 Stat. 1425).

   (2)  Determine the degree to which school programs enable students to attain proficiency of academic standards under §  4.12 (relating to academic standards).

   (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)  Provide information to the general public on school performance.

   (6)  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)  State assessment instruments administered in reading, writing and mathematics in grades 5, 8 and 11 will be standards-based and criterion referenced and include essay or open-ended response items in addition to other item formats. The proportion of type of items will vary by grade level. Neither State assessments nor academic standards under §  4.12 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 State reading 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.

   (2)  Performance on State mathematics assessments shall be demonstrated by students’ responses to questions about grade-appropriate content and by the quality of their responses to questions that require a written solution to a problem.

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

   (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 State assessments based on academic standards in mathematics, reading and writing under §  4.12 and contained in Appendix A. 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 shall 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 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 at grades 3—8 and 11; in writing at grades 5, 8 and 11; and in science at grades 4, 8 and 11.

 (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 State assessments.

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

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

   (1)  Action by a professional employee or commissioned officer that is willfully designed to divulge test questions, falsify student scores or in some other fashion compromise the integrity of the State assessment system as determined by the school entity shall be subject to disciplinary action under the Professional Educator Discipline Act (24 P. S. § §  2070.1a—2070.18a).

   (2)  Cheating by students or employees other than those covered in paragraph (1) shall be subject to disciplinary action by the school district.

   (3)  Cheating or breaches of assessment security shall be reported to the Secretary as soon as detected.

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

 (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.

 (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.

   The provisions of this §  4.51 amended under the Public School Code of 1949 (24 P. S. 26-2603-B).

   The provisions of this §  4.51 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872. Immediately preceding text appears at serial pages (323745) to (323747).

 (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, 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, 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, which does not include student names, identification numbers or individually identifiable information.

 (b)  The local assessment system shall be implemented no later than 1 year after its strategic plan or revision is approved by the board of school directors under §  4.13.

 (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:

   (1)  Written work by students.

   (2)  Scientific experiments conducted by students.

   (3)  Works of art or musical, theatrical or dance performances by students.

   (4)  Other demonstrations, performances, products or projects by students related to specific academic standards.

   (5)  Examinations developed by teachers to assess specific academic standards.

   (6)  Nationally-available achievement tests.

   (7)  Diagnostic assessments.

   (8)  Evaluations of portfolios of student work related to achievement of academic standards.

   (9)  Other measures as appropriate, which may include standardized tests.

 (f)  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)  Children with disabilities shall be included in the local assessment system, with appropriate accommodations, when necessary. As appropriate, the school district, including charter schools, 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.

   The provisions of this §  4.52 amended under the Public School Code of 1949 (24 P. S. 26-2603-B).

   The provisions of this §  4.52 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872. Immediately preceding text appears at serial pages (323747) to (323748).

   This section cited in 22 Pa. Code §  4.12 (relating to academic standards); 22 Pa. Code §  4.13 (relating to strategic plans); 22 Pa. Code §  4.20 (relating to prekindergarten education); 22 Pa. Code §  4.21 (relating to elementary education: primary and intermediate levels); 22 Pa. Code §  4.24 (relating to high school graduation requirements); and 22 Pa. Code §  14.142 (relating to caseload for special education).

SCHOOL PROFILES

§ 4.61. School profiles.

 (a)  School profiles developed by the Secretary will include information as required under section 220 of the School Code (24 P. S. §  2-220).

 (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)  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.

   The provisions of this §  4.61 amended under the Public School Code of 1949 (24 P. S. 26-2603-B).

   The provisions of this §  4.61 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872. Immediately preceding text appears at serial pages (323748) and (252341).

PROVISIONS RELATING TO OTHER THAN PUBLIC SCHOOLS

§ 4.71. Certification by principal of nonpublic nonlicensed school.

 The requirements for a Commonwealth secondary school diploma are as follows:

   (1)  The Commonwealth secondary school diploma may be issued to an applicant who is a resident of this Commonwealth and does not possess a secondary school diploma upon presentation of evidence of full matriculation and the satisfactory completion of a minimum of 1 full year or 30 semester hours of study at an accredited institution of postsecondary education.

   (2)  In addition to the provisions of paragraph (1), the Commonwealth secondary school diploma may be issued to an applicant who is a resident of this Commonwealth, does not possess a secondary school diploma and is not enrolled in a public, licensed private, registered accredited or licensed nonpublic secondary school upon earning a passing score as determined by the Department on the high school level tests of General Educational Development (GED). A person 18 years of age or older may qualify for GED testing upon request. A person between 16 and 18 years of age may qualify for GED testing upon the issuance of a court order or at the written request of one of the following:

     (i)   An employer who requires a high school equivalency credential for job opportunities.

     (ii)   An official of an accredited institution of postsecondary education which accepts applicants on the basis of GED test scores.

     (iii)   A recruiting officer of a branch of the armed forces that requires a high school equivalency credential for entry of new recruits.

     (iv)   The director of a State institution on behalf of residents, patients or inmates.

   (3)  The Department will not ordinarily issue a diploma until after the high school class of which the applicant was a member has been graduated. This restriction may be waived by the Department upon the recommendation of the school district for persons between 16 and 18 years of age who meet the higher education or GED requirements for the secondary school diploma.

 (a)  A foreign student without educational credentials may earn the Commonwealth secondary school diploma by meeting the requirements under §  4.72 (relating to credentials other than the high school diploma).

 (b)  A graduate of a secondary school in another state which is not on an approved list of secondary schools may earn an appropriate credential by passing an examination administered by the education agency of that state or by its designee or by meeting the requirements for the Commonwealth secondary school diploma under §  4.72.

 (c)  Credit granted by a public school in this Commonwealth shall be accepted by all public schools and institutions in this Commonwealth upon the transfer of a student.

ENFORCEMENT AND IMPLEMENTATION

§ 4.81. Allegations of deficiencies.

 (a)  The Secretary will receive and investigate allegations of curriculum deficiencies from professional employees, commissioned officers, parents of students or other residents of a school entity.

 (b)  The Secretary will notify the school entity’s superintendent or chief executive of allegations and may require the superintendent or chief executive to submit one or more of the following:

   (1)  Relevant descriptions of planned instruction.

   (2)  A series of written articulated courses of instructional units.

   (3)  Relevant student assessment information.

   (4)  Information on staff assignments.

   (5)  Other information pertinent to investigating a specific allegation.

 (c)  If the Secretary determines that a curriculum deficiency exists, the school entity shall be required to submit to the Secretary for approval a plan to correct the deficiency.

 (d)  Within 1 year of the implementation of a corrective action plan under subsection (c), the Secretary will review the actions taken to correct the deficiency. If the deficiency remains uncorrected, the Secretary will send a formal notice of deficiency to the governing board of the school entity, and the notice shall be announced at the meeting of the school entity’s governing board immediately following its receipt.

 (e)  If the school entity does not take appropriate actions to correct the deficiency after the notice of deficiency is announced, the Secretary will take action under State law.

   The provisions of this §  4.81 amended under the Public School Code of 1949 (24 P. S. 26-2603-B).

   The provisions of this §  4.81 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872. Immediately preceding text appears at serial page (286559).

   Inapplicable Offense

 (a)  The Secretary may grant exceptions to specific provisions of this chapter when it is necessary to adapt them to the curriculum needs of individual school entities or to facilitate transition to the revised provisions of this chapter. Specific exception may be made for school entities that develop or implement academic standards that are comparable to or exceed those found in §  4.12 (relating to academic standards). Exceptions may be granted under the following conditions:

   (1)  The request for an exception must be in writing and include relevant information supporting the need for the exception.

   (2)  The exception will be valid for a limited term not to exceed 2 years.

   (3)  The request shall be made prior to initiating the action requiring approval and shall have the prior approval of the board of school directors.

 (b)  The Secretary will report annually to the Board on the nature and status of requests for exceptions under this section.

   The provisions of this §  4.82 amended under the Public School Code of 1949 (24 P. S. 26-2603-B).

   The provisions of this §  4.83 reserved February 15, 2008, effective February 16, 2008, 38 Pa.B. 872. Immediately preceding text appears at serial page (286560).

APPENDIX A

I. TABLE OF CONTENTS

 Introduction … II.

 THE ACADEMIC STANDARDS

II. INTRODUCTION

 This document includes Reading, Writing, Speaking and Listening Standards:

 • 1.1. Learning to Read Independently

 • 1.2. Reading Critically in All Content Areas

 • 1.3. Reading, Analyzing and Interpreting Literature

 • 1.4. Types of Writing

 • 1.5. Quality of Writing

 • 1.6. Speaking and Listening

 • 1.7. Characteristics and Function of the English Language

 • 1.8. Research

 The Reading, Writing, Speaking and Listening Standards describe what students should know and be able to do with the English Language at four grade levels (third, fifth, eighth and eleventh). 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.

 The language arts—Reading, Writing, Speaking and Listening—are unique because they are processes that students use to learn and make sense of their world. Students do not read “reading”; they read about history, science, mathematics and other content areas as well as about topics for their interest and entertainment. Similarly, students do not write “writing”; they use written words to express their knowledge and ideas and to inform or entertain others.

 Because of the unique nature of the language arts, all teachers in a school will use the Reading, Writing, Speaking and Listening Standards. The standards define the skills and strategies employed by effective readers and writers; therefore, all teachers will assist their students in learning them through multiple classroom situations in all the subject areas.

 The Reading, Writing, Speaking and Listening 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 success.

 A glossary is included to assist the reader in understanding terminology contained in the standards.