Title of Regulation: 8VAC20-131. Regulations Establishing Standards for Accrediting Public Schools in Virginia (amending 8VAC20-131-110, 8VAC20-131-430).

Statutory Authority: §§ 22.1-16 and 22.1-253.13 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: June 10, 2020.

Effective Date: June 25, 2020.

Agency Contact: Zachary Robbins, Director of Policy, Department of Education, 101 North 14th Street, Richmond, VA 23219, telephone (804) 225-2092, or email zachary.robbins@doe.virginia.gov.

Basis: The State Board of Education's authority to establish graduation requirements through its Standards of Accreditation is established in §§ 22.1-253.13:3 and 22.1-253.13:4 of the Code of Virginia.

Purpose: Comprehensive revisions to the Regulations Establishing Standards for the Accreditation of Public Schools in Virginia, more commonly referred to as the Standards of Accreditation (SOA), became effective for the 2018-2019 academic year. One component of these revisions changed the availability of locally-awarded verified credits, which provide students the opportunity to receive a verified credit in a course that they have passed but failed the related end-of-course Standards of Learning test twice within a narrow margin. To receive a locally awarded verified credit, the student must take the test twice, score between 375 and 399 on one of the attempts, and demonstrate achievement and mastery in the academic content through a local appeal process.

Comprehensive revisions to the SOA were approved through the Administrative Process Act and established inequitable opportunities to earn locally-awarded verified credits for students who would be attending high school at the same time; that is students who entered the ninth grade prior to the 2018-2019 school year who struggled to pass either the English or mathematics end-of-course test could not earn locally awarded verified credits in English or mathematics, while students entering the ninth grade beginning in the 2018-2019 school year would have access to locally awarded verified credits in those subjects.

To provide parity among these high school student cohorts, and to help current students earn their diplomas for graduation in the spring of 2018, the board adopted emergency regulations to extend the availability of a locally awarded verified credit to English and mathematics for students who entered the ninth grade prior to the 2018-2019 school year. In addition, the board's guidance document governing the award of locally awarded verified credit was updated to extend the use of locally awarded verified credits in English and mathematics for these students.

The emergency regulations that were adopted by the board became effective May 9, 2019, and expire on November 8, 2019. These fast-track rulemaking provisions make the emergency provisions permanent.

Rationale for Using Fast-Track Rulemaking Process: This regulatory action is expected to be noncontroversial because the emergency regulation that became effective May 9, 2018, is currently being implemented and has not generated any public comment since being adopted. The changes proposed by this fast-track rulemaking are substantially the same as those of the emergency regulations.

Substance: The proposed changes allow all students to access locally awarded verified credits in English, mathematics, science, and history and social science in accordance with State Board of Education regulations and guidance.

For students who entered the ninth grade for the first time prior to the 2018-2019 school year, the existing regulations make locally awarded verified credits available only for science and history and social science. Under the existing emergency regulations, those students may now be awarded locally awarded verified credits in English, mathematics, science, and history and social science like their peers who entered the ninth grade in 2018-2019 and thereafter.

Issues: The advantages to the public and the Commonwealth of these revisions include providing parity among high school student cohorts and helping students earn their high school diplomas. There are no disadvantages to the public, the agency, or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Education (Board) proposes to allow students who entered the ninth grade prior to the 2018-2019 school year to be awarded locally awarded verified credits in English and mathematics when certain Board-established criteria are met.

Background. Locally-awarded verified credits provide students the opportunity to receive verified credits required for graduation in a course that they have passed but failed the related end-of-course Standards of Learning test. To receive a locally awarded verified credit, a student must fail the end-of-course test twice, scoring between 375 and 399 on one of the attempts, and demonstrate achievement and mastery in the academic content area through an appeal that is reviewed by a local school division-established committee.

An earlier regulatory action, which became effective on January 11, 2018,² enabled students who entered ninth grade at the beginning of the 2018-2019 school year or later to be awarded locally awarded verified credits in English and mathematics when certain Board-established criteria are met. Students could already receive locally awarded verified credits in science and history and social science.

Subsequently, the Board promulgated an emergency regulation to enable students who entered the ninth grade prior to the 2018-2019 school year to also be able to earn locally-awarded verified credits in English and mathematics in addition to science and history and social science when the same Board-established criteria are met. The emergency regulation became effective on May 9, 2018, and expires on November 8, 2019. The Board now proposes to make the emergency regulation permanent.

Estimated Benefits and Costs. The proposed amendment does not appear to introduce any costs, and confers benefits on an additional group of students. The earlier regulatory action already allowed students who entered ninth grade at the beginning of the 2018-2019 school year or later to earn locally awarded verified credits; the current regulation expands this benefit to students who entered the ninth grade prior to the 2018-2019 school year. This expansion is equitable and benefits the additional group of students by reducing a barrier to graduation.

Businesses and Other Entities Affected. The proposed amendment affects the 132 local school divisions. No school division is disproportionately affected. The proposed amendment does not appear to impose costs.

Localities³ Affected.⁴ The proposed amendment affects all Virginia localities. No locality is particularly affected. The proposed amendment does not appear to introduce costs for local governments. Accordingly, no additional funds would be required.

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

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

Adverse Effect on Small Businesses:⁵ The proposed amendment does not adversely affect small businesses.

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²See http://townhall.virginia.gov/L/ViewAction.cfm?actionid=4019

³"Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁴§ 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

⁵Pursuant 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."

Agency's Response to Economic Impact Analysis: The agency concurs with the economic impact analysis completed by the Department of Planning and Budget.

Summary:

The amendments allow students who entered the ninth grade prior to the 2018-2019 school year to be eligible for locally awarded verified credits in English and mathematics.

8VAC20-131-110. Standard and verified units of credit.

A. A "standard unit of credit" or "standard credit" is a credit awarded for a course in which the student successfully completes 140 clock hours of instruction and the requirements of the course. A school division may waive the requirement that a student receive 140 clock hours of instruction to earn a standard credit, effective with students enrolled in the 2015-2016 school year, as prescribed in the Standards of Quality and board guidelines. When credit is awarded in less than whole units, the increment awarded must be no greater than the fractional part of the 140 hours of instruction provided. If a school division elects to award credit on a basis other than the 140 clock hours of instruction required for a standard unit of credit defined in this subsection, the local school division shall provide the board with satisfactory proof, based on board guidelines, that the students for whom the 140-clock-hour requirement is waived have learned the content and skills included in the relevant Standards of Learning. In addition, the local school division shall develop a written policy approved by the superintendent and school board that ensures:

1. That the content of the course for which credit is awarded is comparable to 140 clock hours of instruction; and

2. That upon completion, the aims and objectives of the course have been met.

B. A "verified unit of credit" or "verified credit" is a credit awarded for a course in which a student earns a standard unit of credit and completes one of the following:

1. Achieves a passing score on a corresponding end-of-course SOL test. In accordance with the provisions of the Standards of Quality, students may earn a standard and verified unit of credit for any elective course in which the core academic Standards of Learning course content has been integrated and the student passes the related end-of-course SOL test. Such course and test combinations must be approved by the board.

Upon waiver of the 140-clock-hour requirement according to board guidelines, qualified students who have received a standard unit of credit shall be permitted to sit for the relevant SOL test to earn a verified credit without having to meet the 140-clock-hour requirement.

2. Achieves a passing score on an additional test, as defined in 8VAC20-131-5, as a part of the Virginia Assessment Program.

3. Meets the criteria for the receipt of a locally awarded verified credit when the student has not passed a corresponding SOL test.

a. Students who enter the ninth grade for the first time prior to the 2018-2019 school year and do not pass SOL tests in English, mathematics, science, or history and social science may receive locally awarded verified credits from the local school board in accordance with criteria established in guidelines adopted by the board. Credit accommodations for students with disabilities may be used to confer locally awarded verified credits as provided in 8VAC20-131-50 B 3.

b. Students who enter the ninth grade for the first time in the 2018-2019 school year or thereafter and do not pass SOL tests in English, mathematics, laboratory science, or history and social science may receive locally awarded verified credits from the local school board in accordance with criteria established in guidelines adopted by the board. No more than one locally awarded verified credit may be used to satisfy graduation requirements, except as provided in 8VAC20-131-51 B 3 for students with disabilities seeking a standard diploma.

4. Meets the criteria for the receipt of a verified credit in English (writing) by demonstrating mastery of the content of the associated course on an authentic performance assessment, that complies with guidelines adopted by the board. Such students shall not also be required to take the corresponding SOL test in English (writing).

C. The board may from time to time approve additional tests for the purpose of awarding verified credit. Such additional tests, which enable students to earn verified units of credit, must, at a minimum, meet the following criteria:

1. The test must be standardized and graded independently of the school or school division in which the test is given;

2. The test must be knowledge based;

3. The test must be administered on a statewide, multistate, or international basis, or administered as part of another state's accountability assessment program; and

4. To be counted in a specific academic area, the test must measure content that incorporates or exceeds the Standards of Learning content in the course for which verified credit is given.

The board shall set the score that must be achieved to earn a verified unit of credit on the additional test options.

D. With such funds as are appropriated by the General Assembly, the board shall provide opportunities for students who meet criteria adopted by the board to have an expedited retake of a SOL test to earn verified credit.

E. The provisions of this section are effective on and after the beginning of the 2018-2019 academic year.

8VAC20-131-430. Effective dates.

A. Graduation requirements.

1. The graduation requirements for students entering the ninth grade for the first time in the 2013–2014 school year and prior to the 2018–2019 school year shall be those provided in 8VAC20-131-50.

2. The graduation requirements for students entering the ninth grade for the first time in the 2018-2019 school year and beyond shall be those provided in 8VAC20-131-51.

3. The graduation requirements applicable to students transferring into a Virginia high school for the first time shall be as determined by 8VAC20-131-60 G.

B. Locally awarded verified credits.

1. Locally awarded verified credits conferred for English, mathematics, laboratory science, and history and social science for students entering the ninth grade for the first time prior to the 2018–2019 school year shall be as provided in 8VAC20-131-110 B 3 a.

2. Locally awarded verified credits conferred for English, mathematics, laboratory science, and history and social science for students entering the ninth grade for the first time in 2018–2019 or thereafter shall be as provided in 8VAC20-131-110 B 3 b.

C. Academic and career planning.

1. The requirements for academic and career planning prescribed in 8VAC20-131-140 B shall be effective beginning with the 2013–2014 academic year and through the 2017–2018 academic year.

2. The requirements for Academic and Career Plans prescribed in 8VAC20-131-140 C shall be effective beginning with the 2018–2019 academic year.

D. The application of the college, career, and civic readiness index as a school quality indicator used for accreditation shall be made no later than the 2021–2022 school year.

E. Unless otherwise specified, the remainder of this chapter shall become effective beginning with the 2018–2019 academic year.