PSBA is taking a number of steps to continue to oppose the GCA plan and in response to numerous requests from school entities has drafted a sample resolution for school boards to adopt and send to these policymakers.

In addition, this week PSBA is sending to all superintendents a survey regarding their current high school graduation requirements and their expected actions if the GCA proposal would become enacted. The information obtained from this survey will help our advocacy efforts – please make sure that your superintendent completes and returns this survey to PSBA by Feb. 16.

• Download PDF copy of resolution opposing proposed high school Graduation Competency Assessments

What’s been happening:

In spite of overwhelming opposition, the State Board quickly approved the GCA plan just two weeks after it was introduced as a draft regulation. A public hearing was held on Jan 9, and among the groups raising concerns at that hearing were:

• PSBA
• Pa. Association of School Administrators
• Pa. Association of Career and Technical Administrators
• Pa. Association of Elementary and Secondary School Principals
• Pa. State Education Association
• American Federation of Teachers
• Pa. PTA
• Pa. Association for Gifted Education
• Education Law Center
• Special education advocates representing autistic students
• Various individual school districts

 Also speaking against the GCA plan was Senate Education Committee Chairman James J. Rhoades (R-Schuylkill), who called the plan “just another fad…that won’t help a single student anywhere” and said he would vote “no” when it reached the committee. The State Board also has received letters of opposition from Sen. Raphael J. Musto (D-Luzerne) and Sen. Connie Williams (D-Delaware and Montgomery).

However, with enormous pressure from the administration to pass the proposal, the State Board unanimously voted to approve the Chapter 4 draft. That action moves the GCA proposal into the first phase of the regulatory review process, and our advocacy efforts must now focus on that process. The entire text of the Chapter 4 proposal is at http://www.pde.state.pa.us/stateboard_ed/lib/stateboard_ed/Chapter_4_-_High_School_Graduation_Requirements_1-08.pdf

The first phase of regulatory review for the GCA proposal:

The regulatory review process is a complex, two-part collection of activities that begin once the promulgating state agency, in this case, the State Board of Education, gives initial approval.

First, the proposal goes to the Attorney General’s office for review. The AG has 30 days to take action. If the AG takes no action within that time frame, the regulation is deemed approved. If the AG raises legal concerns, the 30-day timeframe for the AG review is put on hold or “tolled.”  During this hiatus, the State Board’s legal counsel is expected to cooperate with the AG to reach a resolution.

After the AG’s approval, the State Board delivers the proposed regulation to the House and Senate Education Committees, the Legislative Reference Bureau and the Independent Regulatory Review Commission on the same day. The LRB publishes the regulation in the Pennsylvania Bulletin and a 30-day public comment period begins. For the GCA proposal, this is expected to occur sometime in March.

The Education Committees may submit comments, recommendations and objections to the State Board and to IRRC at any time prior to the submittal of the regulation in final-form.  It is not too early to talk to your legislators!

IRRC must submit its comments within 30 days of the close of the public comment period. IRRC must first and foremost determine whether the State Board has the statutory authority to promulgate the regulation and whether the regulation conforms to the intent of the General Assembly. In addition, a list of other criteria must be met to determine if the regulation is in the public interest. IRRC also must consider the economic and fiscal impact of the proposal.

What you can do now

• Pass the resolution opposing GCAs as soon as possible and send a copy to:

1. PSBA: Fax to Cindy Eckerd at 717-506-2476 or mail at PO Box 2042, Mechanicsburg, PA 17055

2. State Board of Education: 333 Market St., 1st Floor Hbg, PA 17126-0333

3. Independent Regulatory Review Commission: 333 Market St., 14th Floor, Hbg., PA 17101 (Note: this zip code is different from the State Board address, even though the office is in the same building.)

4. Your local legislators

5. Republican and Democratic Chairmen of the Senate and House Education Committees: Sen. James Rhoades (Senate of Pennsylvania, PO Box 203029, Hbg., PA 17120-3029), Sen. Raphael Musto (Senate of Pennsylvania, PO Box 203014, Hbg. PA 17120-3014), Rep. Jess Stairs (House of Representatives, PO Box 202059, Hbg, PA 17120-2059); and Rep. James Roebuck (House of Representatives, PO Box 202188, Hbg, PA 17120-2188).

6. Your local media 

• Encourage your superintendent to complete and return the PSBA survey no later than Feb. 16.  PSBA will be using the survey responses for our advocacy efforts to show that districts have taken great efforts to develop a rigorous local assessment system, and that diplomas awarded to students based on the results of local assessments are valid and meaningful.
• Ask your local legislator to send a letter of opposition to the State Board, to the House and Senate Education Committees, to IRRC, and to PSBA.  If your legislator is not a member of the Education Committees, he or she can and should still be involved in the regulatory review process for the GCA proposal by providing comment to the committees and to IRRC. As your local legislators, they have the right and obligation to convey their thoughts as well the positions of their constituents to those other policymakers who are more directly involved in the process. Their letters will be very important, particularly as the committees and IRRC carefully weigh all comments received in making their own decisions about the GCA proposal.

Please keep PSBA informed of your activities and communications with policymakers on the GCA issue.  Contact Tim Allwein at tim.allwein@psba.org or Cindy Eckerd at cindy.eckerd@psba.org