The waiver process to allow high school seniors with “extenuating circumstances” to bypass a new graduation requirement is illegal, according to the Maryland Association of Boards of Education.
The process, which the state school board enacted last month, outlines that local superintendents will determine which students qualify for the waiver, and appeals from parents who disagree with local school chiefs’ decisions will go to State Superintendent of Schools Nancy Grasmick. But the school boards association says state law requires local school boards to hear appeals of local superintendents’ decisions.
“Maryland law, the annotated code, provides for several specific appeals processes, but only one as it relates to education decisions made by the superintendent,” said John Woolums, governmental relations director for the association.
The waivers are meant for this year’s high school seniors who have not passed the High School Assessment graduation requirement. Starting this year, students must pass all four assessments, earn a combined score of 1,602 on the exams or complete projects under the “Bridge Plan” to earn a diploma.
But if students have not met the requirement, they could receive a waiver if they have taken advantage of all help offered and have an “extenuating circumstance.” Grasmick said such circumstances could include a family member who died or a class schedule that did not allow students to get the help they need to retake and pass the test.
The school boards association wants the state school board to revise the process. Any changes would have be made at the state board’s meeting this month. The waiver process requires parents to be notified by Feb. 1 if their child is in danger of failing to graduate because they have not met the requirement.
The association sent a letter to Maryland Board of Education President James DeGraffenreidt after the board enacted the waiver process.
“As the only grounds for the granting of an HSA waiver are alleged ‘failings’ of local administration, it could appear that this regulation renders the appeal process potentially meaningless when those same administrators constitute the only avenue of appeal,” the letter reads.
The General Assembly’s Joint Committee on Administrative, Executive and Legislative Review also will hold a hearing this month on the waiver process.
Sen. Paul Pinsky, D-Prince George’s, chairman of the committee, said the regulation allows too many students to receive a waiver.
“Some of the wording on the exceptions opens up an extremely wide door, and I’m not sure that was the intent of the department,” said Pinsky, who has worked in education for about 35 years. “It’s incomplete… It needs to be at least tweaked, if not more.”
The state education department is crafting a response to the association. Bill Reinhard, spokesman for the department, said officials do not think the regulations will be changed.
“Of course, we disagree with MABE’s contention that it violates the law,” Reinhard said. “We think there won’t be any changes.”
