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 Committee's 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 Committee's 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." Webster's Third New International Dictionary (1993 ed, unabridged) defines "graduation" as "the act of completing a phase of one's 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 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.

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 Committee's 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