Title of Regulation: 8VAC20-160. Regulations Governing Secondary School Transcripts (amending 8VAC20-160-30).

Statutory Authority: §§ 22.1-16 and 22.1-253.13.3 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: November 16, 2016.

Effective Date: December 1, 2016.

Agency Contact: Joseph A. Wharff, School Counseling Specialist, Department of Education, P.O. Box 2120, Richmond, VA 23218, telephone (804) 225-3370, or email joseph.wharff@doe.virginia.gov.

Basis: Section 22.1-253.13:3 of the Code of Virginia authorizes the Board of Education to promulgate regulations governing standards for accrediting public schools. The board's overall regulatory authority to promulgate regulations as may be necessary to carry out the board's powers and duties and the provisions of Title 22.1 of the Code of Virginia is found in § 22.1-16 of the Code of Virginia.

Purpose: The amendment to add an opt-out policy is a result of numerous educator and constituent calls expressing concern with the mandate to send standardized test scores as a part of the official transcript. Parents and students want the ability to choose whether the standardized test scores are sent by the school or through the College Board, or at all, based on college admission requirements. There is no impact on the public's health, safety, or welfare.

Rationale for Using Fast-Track Rulemaking Process: The fast-track rulemaking process is for regulations expected to be noncontroversial. This revision is noncontroversial because its only purpose is to add flexibility to an already existing transcript item. Time is of the essence in amending this regulation because students send transcripts to postsecondary institutions continuously throughout the year, and some postsecondary institutions have already omitted the requirement for sending standardized scores. In addition, it is probable that more postsecondary institutions will omit this requirement in the future.

Substance: Changes in professional practice in postsecondary institutions have necessitated a change to one item in the regulation governing secondary school transcripts. The amendment allows for flexibility in the mandate regarding sending standardized test scores to postsecondary institutions by adding language to information for transcripts that requires each local school board to adopt a policy setting forth the procedure by which parents, guardians, or others having legal control or charge can elect in writing to have their child's test record excluded from the student transcript.

Issues: There are no disadvantages to the public, the agency, or the Commonwealth. The advantages to the agency is that the amendment adds flexibility to an already existing transcript mandate. The opt-out policy will allow students and parents the ability to choose whether they have their standardized test scores sent to postsecondary institutions based on local policy rather than it being mandatory that the scores are sent.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Education (Board) proposes to amend the list of required information for secondary school transcripts to allow parents, guardians, or others having legal control or charge to elect in writing to have their child's college performance-related standardized test results for the SAT and ACT excluded from the student transcript.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. The current regulation includes the following on the list of required information for secondary school transcripts: "25. Test record, to include at least the highest score earned, if applicable, on college performance-related standardized tests such as SAT and ACT, excluding Standards of Learning (SOL) test scores;" The Board proposes to add the following language to the end of this item: "except that each local school board shall adopt a policy setting forth the procedure by which parents, guardians, or others having legal control or charge can elect in writing to have their child's test record excluded from the student transcript (opt out);".

The proposed amendment will be beneficial for individuals who believe their scores on college performance-related standardized tests do not reflect as well on their aptitude than do the other elements of their high school transcript such as courses taken and grades. In applying for jobs or other purposes where a high school transcript is required, but SAT scores are not, this would allow such individuals to make their best case without adding unasked for information that may detract from their presentation. Not including college performance-related standardized test scores such as from the SAT and ACT on the transcripts for students who have opted out will not likely significantly increase required staff time or other costs for local school boards. Thus the benefits likely exceed the costs for the proposed amendment.

Businesses and Entities Affected. The proposed amendment pertains to all 132 local school divisions in the Commonwealth.

Localities Particularly Affected. The proposed amendment does not disproportionately affect particular localities.

Projected Impact on Employment. The proposed amendment does not affect employment.

Effects on the Use and Value of Private Property. The proposed amendment does not affect the use and value of private property.

Real Estate Development Costs. The proposed amendment does not affect real estate development costs.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. The proposed amendment does not affect small businesses.

Alternative Method that Minimizes Adverse Impact. The proposed amendment does not adversely affect small businesses.

Adverse Impacts:

Businesses. The proposed amendment does not adversely affect businesses.

Localities. The proposed amendment does not adversely affect localities.

Other Entities. The proposed amendment does not adversely affect other entities.

Agency's Response to Economic Impact Analysis: The agency concurs with the economic impact analysis completed by the Department of Planning and Budget. The agency will continue to examine the economic and administrative impact of the regulations as they progress through the regulatory process.

Summary:

The amendment adds an opt-out provision to the list of required information for secondary school transcripts that allows parents, guardians, or others having legal control or charge to elect in writing to have their child's college performance-related standardized test results for the SAT and ACT excluded from the student transcript.

8VAC20-160-30. Format options.

Localities have options for the secondary school transcript format. They may use the Department of Education model or develop their own following board regulations. Localities may also use a digital data exchange format for electronic transcript transmission. The accreditation status of a high school shall not be included on the student transcript provided to colleges, universities, or employers.

The required information is as follows:

1. Name of school division;

2. Student legal name;

3. State Testing Identifier (STI);

4. Birthdate;

5. Gender;

6. Home address;

7. Home telephone number;

8. Graduation date;

9. Type of diploma, to include "Advanced Studies," "Standard," or "Other Diplomas Authorized by the Board of Education";

10. Type of industry certification credential and date of completion, if applicable;

11. Certificate of Program Completion and award date, if applicable;

12. Notation of Early College Scholar Designation;

13. Notation of Commonwealth Scholar Designation;

14. Name, address, email address, and telephone number of schools student attended each year;

15. Number of days absent within given school year;

16. Course work listed by year with grades;

17. Total credits earned by year;

18. A list of verified credits earned, including any credits earned by substitution;

19. Credits to date;

20. Grade point average;

21. Credit summary for entire school experience;

22. Key to symbols and abbreviations used to denote accelerated courses, advanced-level courses, Commonwealth College Course Collaborative course courses, honors courses, and summer school courses, or credits earned by substitution;

23. Notification of whether school/program ranks students; if so, the rank in class with given number of semesters used for computation;

24. Final driver education grade;

25. Test record, to include at least the highest score earned, if applicable, on college performance-related standardized tests such as SAT and ACT, excluding Standards of Learning (SOL) test scores, except that each local school board shall adopt a policy setting forth the procedure by which parents, guardians, or others having legal control or charge can elect in writing to have their child's test record excluded from the student transcript (opt out);

26. Signature and title of school official;

27. Date of school official signature;

28. School name;

29. School address;

30. Telephone number of school;

31. Fax number of school;

32. The school's Department of Education 7-digit code number.