REGIONAL SCHOOL BOARD BATTLING STATE ON MCAS
By David Bergengren 

Springfield Union-News 
Tuesday, November 20, 2001

WESTHAMPTON--Hampshire Regional School Committee members say they still favor fighting the state's requirement linking the awarding of diplomas to passing the MCAS tests, despite being told by the commissioner of education they are on the wrong side of the law on the issue.

Although other school districts have voiced complaints over the state's requirement that, starting with the Class of 2003, high schoolers must pass the mathematics and English portions of the
MCAS exams before they may graduate, Hampshire Regional is the only district that has taken a specific stand that appears to run counter to state law, officials say.

The Amherst-Pelham Regional School Committee, however, is slated to address the issue next week, with several members favoring a stance similar to Hampshire Regional's.

"We keep trying to say we're not breaking the law, (and) we really don't see that he's made a compelling case that it's illegal," Hampshire Regional committee chairman George M. Fleck said yesterday, referring to a Nov. 6 letter from state Commissioner  of Education David P. Driscoll.

Driscoll's two-page letter addresses a position statement adopted unanimously by the committee last month that says the regional school district will continue to issue diplomas to students whether they pass the MCAS tests or not.

In his letter, Driscoll says, "the part of the School Committee's 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."

Under law, "students must meet the (MCAS) competency determination standard before they are awarded a high school diploma by the School Committee," the letter says. "I don't think it could have been clearer. I think the letter speaks for itself," Driscoll said yesterday.

"A diploma clearly connotes graduation, and under state law, starting in
2003 . . . students must pass the English and math MCAS exams (to get a diploma)," he said. "They don't have the authority to issue a diploma to a student who doesn't achieve the 220 (minimum score standard) in English and math."

Regional school members interviewed yesterday, however, say Driscoll's Nov. 6 letter, which used dictionary definitions to link the meaning of "diploma" to the term "high school graduation," which is governed under the 1993 state Education Reform Act, did not convince them.

"I think he's taken some semantic leaps and taken the word 'diploma' and attached it to state law," said committeewoman Maureen Groden of Southampton, who said she preferred the granting of diplomas to remain under local control, where it has traditionally resided.

Committeewoman Margaret C. Walden of Southampton agreed, saying, "It's always been our prerogative, and if the state is taking that away from us, they should say so."

Walden said the committee feels the state should consider issuing separate certificates of acknowledgment for students who pass the MCAS exams.

Driscoll, on the other hand, suggests school districts could issue certificates of achievement, in lieu of diplomas, for students who fail to pass the exams but have met the district's graduation requirements.


STATE: HRHS ACT ON MCAS INVALID

By Christine Charnosky, Daily Hampshire Gazette Staff Writer
Monday, November 19, 2001

WESTHAMPTON - The state education commissioner said the Hampshire Regional School Committee's vote to award diplomas regardless of a student's MCAS scores is invalid, because it is inconsistent with state law.

Commissioner David P. Driscoll wrote Hampshire Superintendent William
Erickson that the law is clear that a student must pass the English and math portions of the Massachusetts Comprehensive Assessment System tests as a condition for high school graduation, beginning with the class of 2003.

On Oct. 1, the Hampshire Regional School Committee unanimously endorsed a statement that the district will award diplomas based on its own performance standards.

In a letter dated Nov. 1 to Driscoll, Erickson wrote, "If your department can verify that we cannot legally issue diplomas to students who do not meet MCAS competency standards, we will
abide by that decision."

Erickson said he sent copies of Driscoll's Nov. 6 letter to all Regional School Committee members in preparation for a discussion at the Dec. 3 meeting. Both letters were made available to the Gazette late last week.

George Fleck, Hampshire Regional School Committee chairman, said the board has no intention of breaking the law, but disagrees with Driscoll's legal interpretation.

The MCAS has been a source of controversy in communities statewide since the standardized tests were implemented three years ago. Amherst school officials currently are debating whether to follow Hampshire Regional's lead.

The stance of Driscoll and Hampshire officials appears to hinge on the
definitions of "graduation" and "diploma."

In his letter, Driscoll quoted from the American Heritage Dictionary, which
defines "graduation" as the conferring of an academic degree or diploma, and "diploma" as a document issued by a school testifying that a student has earned a degree.

Thus, Driscoll wrote, the dictionary definitions "reflect the common understanding that the receipt of a diploma from an educational institution connotes graduation from that educational institution."

However, Fleck said "certificate" and "diploma" are used interchangeably in the definitions, and a high school isn't "conferring degrees."

In adopting its statement, the Regional School Committee agreed to satisfy DOE's requirement by issuing a separate document indicating MCAS scores to students along with their diploma.

Driscoll wrote that he would support awarding a certificate to students who meet local graduation requirements, but have not passed the MCAS despite repeated efforts. But he said the certificate would not be a diploma, and the student receiving one would not be considered a high school graduate.

Fleck said the Regional School Committee and Driscoll have very different views about how students would be affected if they repeatedly cannot pass the test. "We're afraid we're going to lose them (by students dropping out) and whether it's one, 10 or 100 students, it's equally wrong," Fleck said.