The Keystone Exams this afternoon received approval from the state Independent Regulatory Review Commission, one of the final steps before they can take effect.

The commission did not have the power to stop the regulation, but it could have slowed it down. The ability to stop the regulation lies with the state Legislature.

The state attorney general has 30 days to review it, leading to the final step, publication in the Pennsylvania Bulletin.

The proposed regulation calls for the state to provide 10 end-of-course exams, beginning with English literature, algebra 1 and biology in 2010-11, with other English, math, science and social studies subjects being phased in through 2016-17.

The state would ask the federal government to permit the first three to be used to satisfy the No Child Left Behind Act beginning in 2012-13, thus enabling the state to discontinue the Pennsylvania System of School Assessment exams in 11th grade.

The tests would be administered to all public school districts in Pennsylvania, including charter schools. But the requirement would not apply to private or parochial schools.

For graduation purposes, school districts would need to count the exams for at least one-third of a student's final grade or districts could use other options, including validated local assessments or Advanced Placement exams. Districts also could set up a project for students who failed exams.

The education secretary would be able to waive any provisions on a case-by-case basis for "good cause," such as serious illness, death in the family or transfer from out-of-state in the senior year.

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