PRINTER'S NO. 1342

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1181 Session of 1983


        INTRODUCED BY GALLAGHER, FREIND, HARPER, COWELL, BURNS,
           E. Z. TAYLOR, EVANS, FISCHER, COLAFELLA, DAVIES, LIVENGOOD,
           MILLER, TIGUE, LESCOVITZ, STAIRS, WIGGINS, WASS, BATTISTO,
           HAGARTY, COY, DALEY, FATTAH, KOSINSKI, HERMAN AND WAMBACH,
           JUNE 7, 1983

        REFERRED TO COMMITTEE ON EDUCATION, JUNE 7, 1983

                                     AN ACT

     1  Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
     2     act relating to the public school system, including certain
     3     provisions applicable as well to private and parochial
     4     schools; amending, revising, consolidating and changing the
     5     laws relating thereto," providing for mandatory programs;
     6     providing for education assessment testing as a prerequisite
     7     for receipt of diploma; and making editorial changes.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  Section 290.1 of the act of March 10, 1949
    11  (P.L.30, No.14), known as the Public School Code of 1949, is
    12  repealed.
    13     Section 2.  Section 1511 of the act, amended July 31, 1968
    14  (P.L.1020, No.301), is amended to read:
    15     Section 1511.  [Subjects of Instruction; Flag Code.--In every
    16  elementary public and private school, established and maintained
    17  in this Commonwealth, the following subjects shall be taught, in
    18  the English language and from English texts: English, including
    19  spelling, reading and writing, arithmetic, geography, the

     1  history of the United States and of Pennsylvania, civics,
     2  including loyalty to the State and National Government, safety
     3  education, and the humane treatment of birds and animals,
     4  health, including physical education, and physiology, music and
     5  art. Other subjects shall be taught in the public elementary
     6  schools and also in the public high schools as may be prescribed
     7  by the standards of the State Board of Education. All such
     8  subjects, except foreign languages, shall be taught in the
     9  English language and from English texts: Provided, however,
    10  That, at the discretion of the Superintendent of Public
    11  Instruction, the teaching of subjects in a language other than
    12  English may be permitted as part of a sequence in foreign
    13  language study or as part of a bilingual education program if
    14  the teaching personnel are properly certified in the subject
    15  fields. Each school district shall provide and distribute to
    16  each pupil, enrolled in the eighth grade of the public schools,
    17  one illustrated copy of the National Flag Code, and shall, from
    18  time to time, make available such copies as are necessary for
    19  replacements from year to year. It shall be the duty of each
    20  teacher in the public schools to make such use of the code as
    21  may, from time to time, seem proper.] Programs or Courses of
    22  Study.--The mandatory required programs or courses of study to
    23  be offered are as follows:
    24     (1)  At the elementary school level: English, to include
    25  spelling, reading and writing; arithmetic; science; geography;
    26  history of the United States and Pennsylvania; civics; safety
    27  education, including regular instruction in the dangers and
    28  prevention of fires; health and physical education; music; art
    29  and remedial programs.
    30     (2)  At the secondary school level: English, to include
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     1  language, literature, speech and composition; science, to
     2  include biology, physics and chemistry; geography; social
     3  studies, to include civics, economics, world history, United
     4  States history and Pennsylvania history; foreign languages;
     5  mathematics, to include general mathematics and statistics,
     6  algebra, geometry, trigonometry and computer science; industrial
     7  arts; home economics; art; music; health and physical education
     8  and remedial programs. The program of health and physical
     9  education shall include instruction concerning the causes,
    10  effects, prevention and treatment of drug and alcohol abuse and
    11  the undesirability of the abuse of these substances.
    12     (3)  All subjects, except foreign languages, shall be taught
    13  in the English language and from English texts in compliance
    14  with State board regulations and department standards. The
    15  teaching of subjects in a language other than English may be
    16  permitted as part of a sequence in foreign language study if the
    17  teaching personnel are properly certified in the subject fields.
    18     (4)  Each school district shall provide and distribute to
    19  each student, enrolled in the eighth grade of the public
    20  schools, one illustrated copy of the National Flag Code and it
    21  shall be the duty of each teacher in the public schools to make
    22  such use of the code as may, from time to time, seem proper.
    23     (5)  The State board shall designate which of the mandated
    24  programs or courses of study shall be required of all students
    25  or of all students in certain grade levels.
    26     (6)  Notwithstanding the provisions of clause (5), the
    27  following minimum courses in grades nine (9) through twelve (12)
    28  are established as a requirement for high school graduation:
    29     (i)  Four (4) years of English.
    30     (ii)  Three (3) years of mathematics.
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     1     (iii)  Three (3) years of science.
     2     (iv)  Three (3) years of social studies.
     3     (v)  One-half (1/2) year of computer science.
     4     (vi)  Two (2) years of foreign language studies.
     5  The offering of such courses shall begin in school year 1984-
     6  1985 and the requirement for graduation shall apply to students
     7  graduating in 1989, and thereafter.
     8     (7)  Local school boards shall have the authority to
     9  establish written policies pertaining to the assignment of
    10  student homework and other out of class requirements.
    11     Section 3.  The act is amended by adding a section to read:
    12     Section 1511.1.  Education Assessment Testing; Prerequisite
    13  for Receipt of Diploma.--(a)  The Department of Education,
    14  within one (1) year of the effective date of this act shall
    15  develop, cause to be developed or select commercially available
    16  tests designed to measure objectively cognitive development and
    17  educational performance in reading, writing, arithmetic or
    18  mathematics and science. These tests shall be administered to
    19  all public school students in this Commonwealth in the third,
    20  fifth, eighth and eleventh grades. Except for mentally gifted
    21  students as defined in regulations of the Department of
    22  Education, those students defined as exceptional under section
    23  1371 shall be exempt from the provisions of this section but may
    24  participate at the written request of a parent or guardian.
    25     (b)  Tests administered at the third, fifth and eighth grade
    26  levels shall be utilized by all school districts to measure
    27  relative student performance and to assist in the development of
    28  and placement of students in remedial educational programs as
    29  prescribed by the State Board of Education.
    30     (c)  Satisfactory performance as determined by the department
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     1  on the test administered in the eleventh grade shall be a basic
     2  prerequisite for all public, private and parochial school
     3  students receiving a high school diploma in Pennsylvania. A
     4  student failing the eleventh grade test shall immediately be
     5  placed in appropriate remedial programs to enable successful
     6  performance on the test. A student failing the eleventh grade
     7  test the first time shall be permitted to retake the test on a
     8  minimum of three (3) separate occasions, when the district shall
     9  offer it, during the student's senior year of high school. If a
    10  student fails to pass the test on all of these occasions, the
    11  student shall not receive a high school diploma. The graduation
    12  requirements established herein shall be applicable to the
    13  school year commencing four (4) years after the development or
    14  selection by the department of appropriate testing instruments.
    15     (d)  Results of the test administered in the third, fifth,
    16  eighth and eleventh grades shall be provided to parents or
    17  guardians. The board of school directors in each school district
    18  shall determine which school district personnel may have access
    19  to the test results.
    20     Section 4.  The Department of Education's Educational Quality
    21  Assessment Program and that program's goals of quality education
    22  are rescinded.
    23     Section 5.  This act shall take effect immediately except
    24  section 1511 which shall take effect beginning the 1984-1985
    25  school year.




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