///FEDERAL LEGISLATION AND REGULATION \\\

No Child Left Behind

Reauthorization is underway and promises to be a bitter battle. On one side are those supporters of the current administration who feel the law is above criticism. On the other end are those who see it as destructive of public education and needing to either be rescinded or heavily revised. It appears unlikely that the law will be reauthorized until after the 2008 presidential election. The recent illness of Sen. Edward Kennedy, prime supporter of NCLB and a key person in any compromise, may delay action even further. If the bill is not reauthorized before January 1st it will lead to even more serious problems as the incoming administration's support or lack thereof may affect the final version still further. Neither side wishes to allow the other to take credit or lay blame for the unpopular law. Revisions recently introduced in the House version of the bill include: (1) permission to use growth factors rather than cutoff scores, (2) use of multiple measures rather than just test scores, (3) annual accountability goals can include up to 15% of the other measures at the elementary level and 25% at the secondary level, (4) local tests aligned withe statewide tests are permissible, (5) subgroup size would be reduced to no more than 30 students, (6) confidence intervals may not be less than 95%, (7) sets a single definition of graduation rate, (8) teacher salaries must be included in calculating comparability or resources, and (9) lesser consequences for schools falling below on only one or two subgroups.

In other NCLB news, the 7th Circuit Court of Appeals in Chicago has ruled that NCLB overrules IDEA where there is a conflict between the two key pieces of legislation. The decision came in a case brought by parents and educators in the Ottawa, Illinois, School District. While overturning a lower court decision that the affiants had no standing to bring suit against the U.S. government, the appeals panel ruled that newer laws take precdent over older laws. In this way the court bypassed the issue of whether the NCLB requirements were flawed. (Updated 6/12/08)

FERPA

The U.S. Department of Education has issued an extensive set of proposed revisions to the privacy law. Most of the changes, which fill 30 pages of print, are minor wording corrections, but several are of major importance, particularly as they affect security of student records. According to officials at USDOE, they expect the revisions to go through with little in the way of changes. Unfortunately, the revisions will require that districts, which have completed their mandatory student records plan under Chapter 12, will need to rewrite their guidelines. Copies of the full proposal can be downloaded from the USDOE web site. (Updated 6/12/08)

///STATE LEGISLATION AND REGULATION\\\

Graduation Examinations

At the January 17 meeting of the State Board of Education, draft revisions were approved to Chapter 4 (Curriculum). These would create a series of 10 Comprehensive Graduation Assessments in the four major academic fields. Testimony by students, parent advocates, teachers, and organization representatives was almost totally negative. The Board ignored this input and went ahead and voted approval. Senator James Rhoades, Chair of the Senate Education Committee and an ex-officio member of the Board spoke at length against the proposal and warned that he would oppose it in the General Assembly when it is sent over for review. Other legislators have expressed their concerns to the Board as well. The stubborn insistence on proceeding despite all opposition is difficult to explain. The only group supporting the plan was the Pennsylvania Partnership for Children, who have been actively encouraging the idea that Pennsylvania students are unprepared for career and college placement. Dr. James Barker, a member of the State Board and Superintendent of Erie School District, quoted alleged research that showed half of our graduating seniors are not at the proficient level on the PSSAs. This appears to be an obvious distortion of the data. Governor Rendell has weighed in on the side of the examinations and through Secretary of Education Zahorchak issued a denunciation of the legislature's interference.

At the end of June the Senate approved a bill which would prevent the State Board of Education from adopting graduation examinations with only two dissenting votes. The House is poised to adopt similar legislation. While the Governor has threatened to veto such legislation, the General Assembly should be able to override his veto. (Updated 7/3/08)

State Board Regulations, Chapter 12

PDE's third annual symposium relating to Chapter 12 "Supporting Student Success" was held on May 20th at the Harrisburg Hilton. More than 350 educators were in attendance to hear keynote speaker Edmund Gordon and participate in 20 breakout and plenary sessions. It is expected that a fourth such symposium will be scheduled in 2009. Sponsored by PDE, the program is free to all interested parties. (Updated 6/12/08)

State Board Regulations, Chapter 14

The State Board of Education issued a final draft of its Chapter 14, Special Education Regulations, on June 28th. The regulations went into effect on July 1st and the PDE is in the process of revising all standard forms to comply with the provisions of IDEIA and Chapter 14. The content of the revised regulations can be accessed on the PDE web site. (Updated 7/3/08)

Response to Intervention

The Bureau of Special Education's focus group on Response to Intervention is developing a set of guidelines to govern the use of the technique. It should be noted that most of the guidelines will be pertinent, whether a district selects RtI as its process for identifying specific learning disabilities or not. The focus group is wrapping up its work and a final draft should soon be disseminated. (Updated 6/12/08)

PVAAS

The Pennsylvania Value Added Assessment System results can be accessed via its secure web site, https://pvaas.sas.com. This includes the Growth Standards for grades 4-8 and the Student Level Projections for future PSSA for incoming students in grades 5-9. The U.S. Department of Education has extended permission for the use of such a growth model to all states and not just the initial 9 approved pilot projects. States must still meet rigorous standards in establishing their models. So far Pennsylvania has been unable to convince the USDOE to permit the use of its PVAAS system. The state's proposal was turned down by a peer panel consisting of experts from across the country. It appears that the problem lies with Pennsylvania's insistence on using a growth model and a cutoff model concurrently, allowing districts to take advantage of whichever system gives them the best results. USDOE indicated Pennsylvania should reapply in the fall. (Updated 7/3/08)

Immunization Requirements to Be Amended

Extensive revisions to the school immunization regulations have been proposed by the PA Department of Health. Not only will these changes affect incoming students, but all students who graduate after 2010 must meet the new requirements immediately. These new requirements, which are based on the federal Advisory Committee on Immunization Practices recommendations, would include Hepatitis B vaccination for all enteringv students regardless of grade level, and an extensive battery of immunizations for 7th graders who have not had such in the past five years. Details were contained in the February 9 Pennsylvania Bulletin and will be covered in more detail in the June PAPSA Manual update. (Updated 2/20/08)

Resiliency Initiative

Yet another initiative to come out of PDE concerns teaching students resiliency skills. The Bureau of Community and Student Services is spearheading this effort with the assistance of Nan Henderson, editor of Resiliency in Action, and Dr. George Anderson, a consultant who previously assisted PDE in formulating its Inspired Leadership program (PIL). An on-line course, which will be eligible for either Act 48 or Act 45 credit, is expected to be available in September. Mary Ramirez, Director of the Bureau, has indicated that school entities should plan to reference resiliency in their future student service plans as required under Chapter 12 of State Board Regulations. It should be noted that resiliency is seen as a new paradigm for considering education and not new procedures. Many districts are already doing resiliency training, although perhaps not in an organized manner. (Updated 7/3/08)