Section 4.51d. Waivers

A chief school administrator, in his sole discretion, may waive the requirements in § 4.24 (relating to high school graduation requirements) on a case-by-case basis for good cause. Waivers may be granted for a student in grade 12 who was not successful in completing a project-based assessment as provided in § 4.51c (relating to project-based assessment), or to accommodate a student who experiences extenuating circumstances (including serious illness, death in immediate family, family emergency, frequent transfers in schools or transfer from an out-of-State school in grade 12).

(1) Prior to granting a waiver, a chief school administrator shall certify that the student meets the following criteria:

(i) Has met the local requirements of the school district, AVTS or charter school, including a cyber charter school, for graduation, except for demonstration of proficiency of the requirements in § 4.24(c)(1)(iii)(A) for which the waiver is being requested.

(ii) Has not demonstrated proficiency on a Keystone Exam or Keystone Exam module.

(iii) If the student is required to participate in supplemental instruction under § 4.24(k) and § 4.51b(f) (relating to Keystone Exams), has participated in a satisfactory manner in supplemental instructional services consistent with the student’s educational program provided by the school district, AVTS or charter school, including a cyber charter school.

(iv) Has not successfully completed a project-based assessment aligned to the Keystone Exam or Keystone Exam module on which the student did not demonstrate proficiency.

(2) If a chief school administrator is considering granting waivers for more than 10% of students in the graduating class of a school district, AVTS or charter school, including a cyber charter school, because the students were not successful in completing a project-based assessment as provided in § 4.51c, the chief school administrator shall submit an action plan for approval by the Secretary no later than 10 calendar days prior to graduation. The action plan must identify improvements the school district, AVTS or charter school, including a cyber charter school, will implement to each course associated with the Keystone Exam content for which the waivers were granted.

(3) The chief school administrator of each school district, AVTS and charter school, including a cyber charter school, shall annually report to the Department the number of waivers granted to students in the most recent graduating class, and the Department will annually report to the Board the number of waivers granted by each school district, AVTS and charter school, including a cyber charter school.

(4) The waiver process described in this section does not confer an individual right on any student.

(5) The decision of a chief school administrator concerning a waiver request is not an adjudication.

(6) Disapproval of the action plan required under paragraph (2) does not confer an individual right on any student relative to a waiver determination made by a chief school administrator.

The provisions of this § 4.51d adopted February 28, 2014, effective March 1, 2014, 44 Pa.B. 1131.

Notation

Authority

The provisions of this § 4.51d issued under sections 121, 2603-B and 2604-B of the Public School Code of 1949 (24 P. S. § § 1-121, 26-2603-B and 26-2604-B).