David P. Driscoll's response to Hampshire School Committee
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November 6, 2001
Superintendent William G. Erickson
Hampshire Regional School District
19 Stage Road
Westhampton, MA
Dear Superintendent Erickson:
Thank you for sending me a copy of the Position
Statement on Diplomas and Assessment that the
Hampshire Regional School Committee endorsed on
October 1, 2001. In the Position Statement, the
School Committee indicated that it "does not
require that students pass a summary test of
competency, and there is no plan to incorporate
such a standard as a criterion for earning a
Hampshire Regional diploma. The Hampshire Regional
School Committee will continue to award diplomas
unconditionally based on its own performance
standards."
In your follow-up letter of November 1, 2001, you
stated that the School Committee does not intend
to break the law. Rather, the Committee is
expressing its view that the statutory requirement
of the competency determination for high school
graduation should not impede local school
officials from awarding a diploma to students who
meet local standards. I appreciate your
clarification of the School Committeešs position.
Massachusetts law is clear that "satisfaction of
the requirements of the competency determination
shall be a condition for high school graduation."
(Mass. Gen. Laws Chapter ? 1D(i.) Starting with
the Class of 2003, students must meet or exceed
the Needs Improvement threshold scaled score of
220 on both the English language arts and the
mathematics MCAS grade 10 tests in order to
satisfy the requirements of the competency
determination. (603 Code of Mass. Regs. 30.03.)
Students who do not pass the grade 10 test on the
first attempt have four more times to take it
before the end of their senior year. In addition,
the Board of Education has proposed an appeals
process so that eligible students who, for some
reason, repeatedly have not met the passing score
of 220, will be able to show through other
specific measures that they have reached a level
of performance equivalent to 220 in English
language arts and mathematics, in order to receive
a competency determination.
The competency determination simply makes a
students eligible for high school graduation; it
does not substitute for the requirements that are
established by the School Committee. School
committees traditionally have established
requirements that students must meet in order to
be eligible for high school graduation, relating
to courses, credits and grades, conduct,
attendance and so on. The competency determination
standard adds to but does not supplant local
graduation requirements.
As you noted in your November 1st letter, the
validity of the School Committeešs Position
Statement depends on whether the award of a high
school diploma connotes high school graduation.
Mass. Gen. Laws Chapter 69, ? ID (i.) refers to
"high school graduation," but it does not used the
word "diploma." If the award of a diploma connotes
graduation, then the Position Statement would not
be valid, to the extent that it suggests the
Committee may award a diploma to a student who
does not meet the statutory condition for high
school graduation starting with the Class of 2003.
In determining whether the phrase "high school
graduation" as used in Mass Gen. Laws Chapter 69
?ID (i.) is equivalent to "award of a high school
diploma," we are bound by the rules of statutory
construction. A basic rule of statutory
construction is that "words and phrases shall be
construed according to the common and approved
usage of the language." (Mass. Gen. Laws Chapter
4, ?6, cl. 3.) Dictionary definitions present the
common and approved usage of the language. For
example, the American Heritage Dictionary of the
English Language (1973 ed.) defines "graduation"
as "the conferring or receipt of an academic
degree or diploma marking completion of studies."
It defines "diploma" as "a document issued by a
university or other school testifying that a
student has earned a degree and conferring upon
him the rights and privileges of that degree."
Websteršs Third New International Dictionary (1993
ed, unabridged) defines "graduation" as "the act
of completing a phase of onešs formal education,
esp. the act of receiving a diploma, certificate,
or degree from a school, college, or university."
It defines "diploma" as "a document bearing record
of graduation from, or of a degree conferred by an
educational institution."
These dictionary definitions reflect the common
understanding, that the receipt of a "diploma"
from an educational institution connotes
"graduation" from that educational institution.
Applying the common usage of the language, we
believe the meaning of the phrase "high school
graduation" in Mass. Gen. Laws Chapter 69, ? I D
(i.) is clear. Since "satisfaction of the
requirements of the competency determination shall
be a condition for high school graduation,"
students must meet the competency determination
standard before they are awarded a high school
diploma by the School Committee. Consequently, the
part of the School Committeešs Position Statement
relating to the award of a "diploma" based solely
on local requirements is invalid as of the Class
of 2003, because it is inconsistent with state
law.
I am very committed to working with schools and
districts to help students meet the 220 standard
in English language arts and mathematics, because
I believe it is a reasonable and appropriate
standard of performance to expect of students
graduating from high school. At the same time, I
understand the interest the School Committee has
in wanting to be able to acknowledge the
accomplishments of high school students who have
met local graduation requirements but who have
not, for whatever reason, met the competency
determination standard despite repeated efforts. I
would support the School Committeešs award of a
local certificate to such a student. This sort of
certificate would not be a diploma, so the student
who receives one would not be considered a high
school graduate. However, the student would
benefit by receiving a formal acknowledgement of
course completion, effort, and other
accomplishments, while still remaining eligible
for continuing education (including special
education, if the student has a disability) that
will assist him or her in meeting the state
standards in English language arts and
mathematics.
I expect that the Board of Education will discuss
the issue of state-endorsed local certificates
during 2002. Given the interest that the School
Committee has shown on this issue, I would
encourage you and the Committee to work on this
initiative.
Thank you for your offer to convey my comments to
the members of the Hampshire Regional School
Committee.
David P. Driscoll
Commissioner of Education
