Title of Regulation: 8VAC20-160. Regulations Governing Secondary School Transcripts (amending 8VAC20-160-10 through 8VAC20-160-50).

Statutory Authority: §§ 22.1-16 and 22.1-253.13:3 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: November 12, 2021.

Agency Contact: Joseph Wharff, Associate Director, Office of Student Services, Department of Education, 101 North 14th Street, Richmond, VA 23219, telephone (804) 225-3370, or email joseph.wharff@doe.virginia.gov.

Basis: The State Board of Education's overall regulatory authority may be found in § 22.1-16 of the Code of Virginia. Authority for promulgating regulations governing standards for accrediting public schools may be found in § 22.1-253.13:3 of the Code of Virginia.

Purpose: Secondary school transcripts are a complete record of a student's coursework, grades, and credits and provide concrete evidence to postsecondary institutions and the workforce of a student's preparation in matriculating, joining the military, or entering the workforce. It is imperative that the Regulations Governing Secondary School Transcripts be updated periodically to align with the needs of postsecondary education and the workforce.

Substance: The proposed action includes the following amendments:

In 8VAC20-160-10. Definitions, words and terms that are outdated are revised or deleted, and new words or terms are added that align with secondary and postsecondary expectations. One revision was made to this section and is included as a result of feedback from the January 23, 2020, State Board of Education meeting. The definition of "verified unit of credit" or "verified credit" was changed to accurately reflect the definition provided in the Regulations Establishing Standards for Accrediting Public Schools in Virginia (8VAC20-131).

In 8VAC20-160-20. Effective date, the date that the Secondary School Transcript Regulations become effective for students who take secondary courses for credit is changed to 2020-2021.

In 8VAC20-160-30. Format options, certain required elements for secondary school transcripts are revised or deleted and new elements added to align with secondary and postsecondary expectations.

Generally, information is added to meet postsecondary demands, and obsolete or no longer needed information is deleted.

Issues: The advantage to public and the Commonwealth of the revisions to the Regulations Governing Secondary School Transcripts is that updated information and language will align with the needs of postsecondary institutions and business and industry to better position students in the Commonwealth to successfully transition to life after high school.

There are no disadvantages to this regulatory action.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. In addition to clarifications and elimination of obsolete language, the Board of Education (Board) proposes to: 1) no longer require that secondary school transcripts include gender, 2) add completion of training in first aid, cardiopulmonary resuscitation (CPR), and automated external defibrillator (AED) to the list of required elements in the transcript, 3) no longer require that the transcript by default include SAT and ACT scores, 4) allow electronic signatures and dating of signatures on the transcript, 5) no longer require that the school profile data sheet contain the grade distribution for the school, and 6) no longer require that Advanced-level Placement (AP) and International Baccalaureate (IB) courses be weighted in determining grade point averages (GPAs).

Background. According to the Department of Education (DOE), the last full revision to the Regulations Governing the Secondary School Transcripts was conducted in 2007. DOE formed a stakeholder group to help update the regulation. The stakeholder group was comprised of professionals from large school divisions and in-state colleges and universities that respectively regularly transmit and review high school transcripts.

The regulation includes lists of items required to be on the secondary school transcript and school profile data¹ sheet. School divisions may include other items, but all required items must be on the transcript and school profile data sheet.

All school divisions have free use of transcript processing software through a state contract.

Estimated Benefits and Costs.

Gender: The current regulation requires that the gender of the student be indicated on each transcript. Under the proposal, gender would be removed from the list of required items. Thus, whether or not to include gender on the transcript would be up to the individual school divisions to decide. According to DOE, the stakeholders stated that information on gender is gathered in other ways and is not needed on the official transcript.

Training in first aid, CPR, and AED: Effective with the students who entered the ninth grade in the 2018-2019 school year, completion of training in first aid, CPR, and AED is required for graduation with either a Standard Diploma or an Advanced Studies Diploma.² The Board proposes to add completion of training in these areas to be on the transcript. This could be beneficial for graduates in that some potential employers may find the completion of such training to be valuable in job candidates.

SAT and ACT: Under the current regulation, SAT and ACT scores are included on the transcript by default, but can be removed by written request of parents, guardians, or others having legal control. The proposal would change the default to not including SAT and ACT scores on the transcript. Local school divisions could optionally have a policy that would allow the scores to be added by written request. The proposal could be beneficial for students whose SAT or ACT scores are less impressive than their grades and other college application materials. A significant percentage of colleges now do not require SATs or ACTs. Though the current regulation specifies that the scores can be removed by written request, in practice students and parents or guardians may not be aware of the option or do not have time to make the written request and have it processed due to impending application deadlines.

Electronic Signature: The current regulation states that the transcript must include the signature, date of the signature, and title of the school official signing. The Board proposes to add language to allow for the signature, date, and title of school official to be transmitted through a secure and verified electronic method. This proposal could save the staff time associated with physically signing and dating every transcript.

Grade Distribution: The regulation requires that a secondary school profile data sheet, for each school reflected on the transcript, be attached to each student transcript sent to colleges, universities, and prospective employers. Additionally, the regulation specifies the items required to be on the school profile data sheet. The Board proposes to remove grade distribution from the items required to be on the school profile data sheet. Whether or not to include grade distribution on the school profile data sheet would be up to the individual school divisions to decide. A school's grade distribution can be useful information for postsecondary institutions looking at transcripts, particularly if the school does not include class rank (class ranking is optional). If the transcript does not have grade distribution or class rank, it may be difficult for postsecondary institutions to know how well the student did compared to his or her schoolmates based only on the GPA. Four of the nine colleges and universities in the stakeholder group indicated a preference that grade distribution not be removed from the items required to be on the school profile data sheet.³

Moreover, by it being more difficult for postsecondary institutions to know how well the student performed in high school compared to his or her schoolmates based only on the GPA, students at schools with relatively strict grading may not be viewed as positively as they would if the admissions office had grade distribution information available. Conversely, students at schools with relatively lenient grading may be viewed more positively than deserved compared to students at other high schools.⁴ It seems likely that school divisions that grade relatively strictly would be less likely to not include the grade distribution since it could be disadvantageous for their students.

Weighting AP and IB courses for GPA: The current regulation requires that AP and IB courses be weighted in determining GPAs, but does not specify how much extra weight is to be given to these courses. The Board proposes to no longer require, but still allow, weighting of AP and IB courses. This proposed amendment allows additional flexibility to school divisions and should not diminish college and university understanding of student performance as long as how GPA is calculated remains explicit and which courses on the transcript are AP or IB remains clear. However, the potential elimination of giving extra weight to AP and IB courses at some school divisions would likely affect class rank and may affect which student is valedictorian at high schools in such school divisions.

Businesses and Other Entities Affected. The proposed amendments affect the 132 local school divisions in the Commonwealth, and the high schools within those school divisions. No school divisions appear to be disproportionately affected. Postsecondary institutions and employers that review high school transcripts would also be affected.

According to DOE, it would take school staff half a day or less to make the changes to the transcript processing files required by the proposal. On the other hand, the proposal to allow electronic signatures and dating would save school staff time.

Small Businesses⁵ Affected. The proposed amendments do not appear to adversely affect small businesses.

Localities⁶ Affected.⁷ The proposed amendments affect all Virginia localities in that all localities have students and staff associated with public high schools. No localities appear to be disproportionately affected. The proposal would require school staff time half a day or less to make the changes required by the proposal. This would likely be considered part of existing staff's regular work responsibility and would not require additional funds. Additionally, school staff time would be saved by allowing electronic signatures and dating.

Projected Impact on Employment. The proposed amendments do not appear to substantively affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments do not appear to substantively affect the use and value of private property nor real estate development costs.

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¹The proposed regulation defines "secondary school profile data" as "information given in a summary format of a particular secondary school."

²See https://law.lis.virginia.gov/admincode/title8/agency20/chapter131/section51/. Students with an individualized education plan or 504 Plan that documents that they cannot successfully complete this training are granted a waiver from this graduation requirement

³Data source: DOE

⁴Experienced admissions staff at in-state post-secondary schools would likely gain a rough approximation of this information over time. Out-of-state post-secondary schools would likely be less well informed.

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."

⁶"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.

⁷§ 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency's Response to Economic Impact Analysis: The agency would like to provide clarification to the Estimated Costs and Benefits related to item 6 (Grade Distribution) of the Economic Impact Analysis. Clarification and additional context on the stakeholder group's decision for removal of grade distribution to the secondary school transcript is provided here.

Justification of removal of grade distribution from secondary school transcript: Many on the stakeholder group, particularly those at the secondary level felt that the grade distribution is a potentially misleading data point. Concern was expressed about how broadly a grade distribution might be interpreted, meaning a lot of students on the higher end could be interpreted as grade inflation, but it could diminish the efforts of a school where there were a significant number of high achieving students. The group agreed that the grade distribution could certainly provide some context as to where a specific student fell within a class but questioned whether those are really the predictors of success in college. In addition, it is not evident whether the grades in the distribution actually reflect students in college prep coursework. Some institutes of higher education did express that the grade distribution is helpful, especially as it relates to understanding the context of the senior class. Keeping the grade distribution was also supported for schools who don't add class rank to transcripts.

It is important to note that with removal of the grade distribution from the transcript regulations, school divisions can still choose to add grade distribution to the secondary school transcript. School divisions will be advised to make decisions that are in the best interests of their students and the postsecondary institutions they serve.

Summary:

The proposed amendments (i) eliminate the requirement that secondary school transcripts include gender, (ii) add completion of training in first aid, cardiopulmonary resuscitation, and automated external defibrillator to the list of required elements in the transcript, (iii) eliminate the requirement that the transcript by default include SAT and ACT scores, (iv) allow electronic signatures and dating of signatures on the transcript, (v) eliminate the requirement that the school profile data sheet contain the grade distribution for the school, and (vi) eliminate the requirement that Advanced-level Placement and International Baccalaureate courses be weighted in determining grade point averages.

8VAC20-160-10. Definitions.

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

"Accelerated course" means a course that can be completed in less than the normal amount of time; the process of progressing through the school grades at a rate faster than that of the average student, either by skipping grades or by rapidly mastering the work of one course and moving on to the next higher course.

"Advanced-level courses/programs courses or programs" means those academic, career/technical, fine and performing arts, or interdisciplinary high school courses/programs that enable students to acquire and master advanced knowledge. Such courses may be suitable for weighted credit in order to encourage students to take these courses and to be rewarded for the extra endeavor and academic performance these courses/programs require.

"Advanced Placement (AP) course" means an advanced-level course with a syllabus equivalent to the relevant Advanced Placement syllabus disseminated approved by the College Board.

"Assessment component" means any of the means by which one obtains information on the progress of the learner and the effectiveness of instruction; quantitative data, objective measures, subjective impressions, tests, and observations may all serve as instruments for deciding whether instructional objectives have been attained.

"Certificate of Program Completion award date" means the date when a Certificate of Program Completion is awarded. A Certificate of Program Completion is not to be included as a diploma option, as provided in 8VAC20-131-50 and 8VAC20-131-51.

"Commonwealth College Course Collaborative (CCCC)" means a set of approved courses taken in high school that fully transfer as core requirements and degree credits at Virginia colleges and universities.

"Commonwealth Scholar" means a student who completes all of the requirements for at least a Standard Diploma and additional prescribed rigorous coursework in foreign language, history, mathematics, science, and other approved discipline areas consistent with the United States Department of Education's State Scholars Initiative.

"Credit" means a standard or a verified credit as specified in Regulations Establishing Standards for Accrediting Public Schools in Virginia (8VAC20-131).

"Credit summary" means the number of courses successfully completed in each discipline as required for graduation.

"Curriculum" means an official guide prepared for use by administrators, supervisors, and teachers of a particular school or school system as an aid to teaching in a given subject or area of study for a given grade; includes the goals and objectives of the course, the expected outcomes, assessment component, and the scope and nature of the materials to be studied.

"Curricular program" means the overarching academic or special programs available at an individual school or within a school division. Examples include Advanced Placement, International Baccalaureate, Dual Enrollment, Career and Technical Education (CTE) academy or magnet programs, or early college.

"Dual enrollment course" means a course, which may be advanced-level, that carries both high school and college credit.

"Early College Scholar" means a student who signs the Early College Scholars agreement and completes the requirements of the program, which includes a prescribed number of potentially transferable college credits, maintaining a "B" average or better, and earning an Advanced Studies diploma.

"Grade point average" means a measure of average scholastic success in all high school credit-bearing courses taken by a student during a certain term or semester, or accumulated for several terms or semesters; obtained by dividing grade points by number of courses taken.

"Graduation date" means the date when diploma requirements have been met and a diploma is awarded.

"Honors course" means a an advanced-level course offered to academically advanced students to provide opportunities to study and learn with other advanced students and to accelerate their learning in a specific content area. These courses are designed to be more challenging by covering additional topics or some topics in greater depth providing students an opportunity to deepen their knowledge and understanding in a specific content area through additional rigor and course extensions beyond minimum state standards.

"Industry certification credential" means a career and technical education credential that is earned by successfully completing a Board of Education-approved industry certification examination, a state-issued professional license, or an occupational competency examination.

"International Baccalaureate (IB) course" means an advanced-level course with a syllabus approved by the International Baccalaureate Organization (IBO) and meeting the criteria offered through the IBO program.

"Secondary course" means a high school-level course of study that awards high school credits. In addition to providing content and knowledge, secondary courses encourage students to develop higher level thinking skills such as problem solving, critical analyses and syntheses of ideas. Students are encouraged to understand, appreciate, and formulate ideas related to scientific, technical and social concepts.

"Secondary school profile data" means information given in a summary format of a particular secondary school, such as location; description; achievement data; definition of curriculum; grading scale, grade distribution; weighted grades; rank in class, if a ranking procedure is used; graduation requirements; and an explanation of advanced-level, accelerated, and honors courses, industry certifications, and other specialized programs.

"Secondary school transcript" means an official list of secondary courses taken by a student, except those purged from a middle school record in accordance with 8VAC20-131, Regulations Establishing Standards for Accrediting Public Schools in Virginia, showing the final grade received for each course, with definitions of the various grades given.

"Standard unit of credit" or "standard credit" means credit awarded for a course in which the student successful completes (i) 140 clock hours of instruction and the requirements of the course or (ii) alternative requirements to the 140-clock hours of instruction as developed by a local school division as provided for in 8VAC20-131-110.

"Verified unit of credit" or "verified credit" means credit awarded for a course in which a student earns a standard unit of credit and (i) achieves a passing score on a corresponding end-of-course SOL test; (ii) achieves a passing score on an additional test as defined in 8VAC20-131-5 as part of the Virginia Assessment Program; (iii) meets the criteria for the receipt of a locally awarded verified credit conferred in accordance with board criteria and guidelines as provided in 8VAC20-131-110 B 3 when the student has not passed a corresponding SOL test in English, mathematics, laboratory science, or history and social science; or (iv) meets the criteria for the receipt of a verified credit for English (writing) by demonstrating mastery of the content of the associated course on an authentic performance assessment, as provided in 8VAC20-131-110 B 4.

"Weighted course" means an advanced-level course in which credit is increased as determined by local school board policies and defined on the school profile.

8VAC20-160-20. Effective date.

The secondary school transcript regulations shall become effective for students who take secondary courses for credit beginning in 2008-2009 2020-2021.

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 are encouraged to use a digital data exchange format (XML is preferred) for electronic transcript transmission whenever possible. 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 5. Primary address;

7. Home telephone 6. Primary phone number;

8. 7. Graduation date;

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

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

11. 10. Certificate awarded, either a High School Equivalency test (eg., GED, HiSet, TASC) or Certificate of Program Completion and award date, if applicable no diploma has been awarded;

11. Completion of training in First Aid, Cardiopulmonary Resuscitation (CPR), and Automated External Defibrillator (AED);

12. Notation of Early College Scholar Designation;

13. Notation of Commonwealth Scholar Designation;

14. 13. Name, address, email address, and telephone number of schools student attended each year each school at the time at which high school credits were awarded, address of school, and telephone number;

15. 14. Number of days absent within any given school year in which the student is taking courses for high school credit;

16. Course 15. All high school credit bearing course work listed by year with grades to include all repeated courses except those purged from a middle school record in accordance with, Regulations Establishing Standards for Accrediting Public Schools in Virginia (8VAC20-131);

17. 16. Total credits earned by year;

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

19. Credits 18. Standard and verified credits to date;

20. 19. Grade point average;

21. Credit 20. Overall standard credit summary for entire school experience;

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

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

24. 23. 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 24. A local school board shall may adopt a policy setting forth the a procedure by which parents, guardians, or others having legal control or charge can elect in writing to have their child's standardized test record excluded from scores, such as SAT and ACT, included in the student transcript (opt out in);

26. 25. Signature and title of school official or transmission through a secure and verified electronic method;

27. 26. Date of school official signature or transmission through a secure and verified electronic method;

28. 27. School name;

29. 28. School address;

30. 29. Telephone number of school;

31. 30. Fax number of school;

32. 31. The school's Department of Education College Entrance Examination Board (CEEB) 7-digit code number.

8VAC20-160-40. Profile data sheet.

A secondary school profile data sheet, for each school reflected on the transcript, if applicable, shall be attached to each student transcript sent to colleges, universities, and prospective employers. Schools may furnish additional information. The accreditation status of a high school shall not be included on the school profile data sheet. No standard format is required. The profile data sheet must contain the following information:

1. Name of school counseling director or school counselor;

2. Name, address, and telephone number of school;

3. Description - school/community;

4. Achievement data to include SAT and/or or ACT scores using the most recent data available in comparison with Virginia and the nation;

5. Description of curriculum curricular progress;

6. Grading scale;

7. Grade distribution;

8. 7. Explanation of advanced-level, accelerated, and honors courses;

9. 8. Weighted grades, explanation of weighting courses and the computation, if applicable;

10. 9. Explanation of rank in class, if applicable:

a. List courses excluded from computation;

b. Explanation of computation of pass/fail courses;

c. Student groups included/excluded from ranking in class;

11. 10. Graduation requirements.

8VAC20-160-50. Weight of advanced-level courses.

Advanced Placement (AP) and International Baccalaureate (IB) Advanced-level courses shall may be weighted. Local school boards shall determine which other courses/programs are to receive weighted credits, the amount of weight such courses shall receive, and how those weighted credits will be used in the determination of grade point averages in the school or school division. Local school boards shall consider equitable access to advanced-level courses when determining weighting.