THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

INTRODUCED BY CLYMER, YOUNGBLOOD, ADOLPH, BAKER, BARBIN, BARRAR, BEAR, BELFANTI, BENNINGHOFF, BEYER, BOBACK, BOYD, BROOKS, BROWN, BURNS, CAUSER, CHRISTIANA, CIVERA, COHEN, CONKLIN, D. COSTA, P. COSTA, COX, CREIGHTON, CRUZ, CUTLER, DALEY, DALLY, DAY, DEASY, DELOZIER, DENLINGER, DiGIROLAMO, DONATUCCI, DRUCKER, ELLIS, J. EVANS, EVERETT, FABRIZIO, FAIRCHILD, FARRY, FLECK, FREEMAN, GABIG, GABLER, GEIST, GERGELY, GIBBONS, GILLESPIE, GINGRICH, GOODMAN, GRELL, GROVE, HARHART, HARPER, HARRIS, HELM, HENNESSEY, HESS, HICKERNELL, HUTCHINSON, JOHNSON, KAUFFMAN, M. KELLER, W. KELLER, KILLION, KIRKLAND, KNOWLES, KORTZ, KOTIK, KRIEGER, LEVDANSKY, MAHER, MAJOR, MARKOSEK, MARSHALL, MARSICO, MATZIE, McILVAINE SMITH, MENSCH, METCALFE, METZGAR, MICOZZIE, MILLARD, MILLER, MILNE, MOUL, MURPHY, MURT, MUSTIO, MYERS, OBERLANDER, OLIVER, O'NEILL, PARKER, PAYNE, PAYTON, PEIFER, PERZEL, PETRI, PHILLIPS, PICKETT, PRESTON, PYLE, QUIGLEY, QUINN, RAPP, READSHAW, REED, REESE, REICHLEY, ROAE, ROCK, ROHRER, ROSS, SAINATO, SANTARSIERO, SAYLOR, SCAVELLO, SCHRODER, SHAPIRO, SIPTROTH, M. SMITH, S. H. SMITH, SOLOBAY, SONNEY, STERN, STEVENSON, SWANGER, TALLMAN, J. TAYLOR, R. TAYLOR, THOMAS, TRUE, TURZAI, VEREB, VITALI, VULAKOVICH, WANSACZ, WATERS, WATSON AND WILLIAMS, SEPTEMBER 14, 2009

REFERRED TO COMMITTEE ON EDUCATION, SEPTEMBER 14, 2009  

A CONCURRENT RESOLUTION

Urging Governor Edward G. Rendell to cease funding of

implementation of high school graduation requirements until

the General Assembly establishes a policy by legislation,

requesting the Governor to impress upon his cabinet officials

involved in educational policy to regard the desires of the

citizens of Pennsylvania, recognizing that actions by public

officials that impede the democratic process will be

considered as actions in disregard of the officials' assigned

constitutional and statutory duties and in disregard of the

honor which their constituents have called these officials to

uphold, and asking the Independent Regulatory Review

Commission to consider whether proposed high school

graduation requirements have been given due consideration by

the General Assembly and by the Governor, in accordance with

the Regulatory Review Act, before a decision is made on

final-form regulation of high school graduation requirements.

WHEREAS, The General Assembly declared its intent in a

provision of Act 61 of 2008 that in the 2008-2009 fiscal year a

regulation to change or establish high school graduation

requirements shall not be further promulgated, approved or

proposed; and

WHEREAS, During this regulatory moratorium, the Department of

Education and the State Board of Education continued to proceed

with hearings and meetings to discuss the potential final form

regulations; and

WHEREAS, During such time, the Department of Education

awarded a $201.1 million contract to Data Recognition

Corporation for the development and implementation of model

curriculum, classroom diagnostic tools and assessments to be

used as high school graduation requirements without consulting

with the General Assembly; and

WHEREAS, It is the constitutional responsibility of the

General Assembly to appropriate taxpayer funds; and

WHEREAS, President Obama and the Federal Department of

Education have publicly articulated their intent to develop

internationally benchmarked academic standards and assessments

which will replace state academic standards and assessments; and 

WHEREAS, The Senate declared its intent again June 10, 2009,

with overwhelming support of Senate Bill No. 281 on final

passage, requiring that any Statewide requirements for high

school graduation be established only by an act of the General

Assembly; and

WHEREAS, Senate Bill No. 281 further provides that the

Department of Education will not develop or implement such

requirements until the General Assembly specifically

appropriates funds for this purpose; and

WHEREAS, On March 17, 2009, House Bill No. 970, with 88

cosponsors, was introduced as a companion bill to Senate Bill

No. 281 and referred to the House Education Committee; and

WHEREAS, Nearly all Public School Code bills reported out of

the Education Committee since the beginning of this current

session have been amended with the prohibition language of House

Bill No. 970; and

WHEREAS, Public concern for such regulations continues to

grow, and efforts were increased August 3, 2009, with the filing

of a petition to discharge Senate Bill No. 281 from committee;

and

WHEREAS, Two days after the discharge petition was filed, and

a few hours before consideration of the discharge petition by

the full House of Representatives was scheduled to occur, the

House Education Committee immediately convened and unanimously

reported Senate Bill No. 281 out of committee; and

WHEREAS, The Independent Regulatory Review Committee, on July

16, 2008, urged the State Board of Education to work closely

with both chambers of the General Assembly and the Senate and

House Education Committees to ensure that the final-form

regulation is consistent with the intent of the General

Assembly; and

WHEREAS, The Pennsylvania State Conference of the National

Association for the Advancement of Colored People (NAACP)

adopted a resolution August 7, 2009, opposing the draft final-

form regulation submitted by the State Board of Education July

9, 2009, and has requested the support of the General Assembly

for Senate Bill No.281 by legislative passage of a concurrent

resolution; and

WHEREAS, The NAACP finds the regulation for high school

graduation requirements to be a civil rights issue and cites the

2008 Pew Center on the States study which demonstrates that the

use of exit exams scores to withhold a high school diploma leads

to increased dropout rates and an increase in the prison

population; and

WHEREAS, Pennsylvania ranks sixth among the top ten states in

prison expenditures, 6.2% of the 2006-2007 State budget was

allocated for prisons, Pennsylvania spends .81¢ on prison

funding for every $1.00 it invests in higher education, and the

annual cost per prisoner is estimated at $35,000 while the

annual cost for educating a student at an in-State college

averages $10,000; and

WHEREAS, The intent of the General Assembly is clear; the

opposition of constituents, school boards, education

organizations and advocates is consistent and legitimate; and

the concerns of the NAACP are valid; it is imperative that their

concerns be addressed before any further regulation or funding

for graduation requirements is advanced; and

WHEREAS, The Pennsylvania School Boards Association (PSBA)

Board of Directors adopted a resolution July 9, 2009, denying

support to the State Board of Education's draft final-form

regulations, and 209 school boards thus far have passed

resolutions in opposition: 199 school boards in 2008 and an

additional ten in 2009; and

WHEREAS, On July 13, 2009, the Learning Disabilities

Association of Pennsylvania, Inc. (LDAPA) along with the

Pennsylvania Association of Career and Technical Administrators

(PACTA) and the Pennsylvania Association for Supervision and

Curriculum Development (PASCD) declared their opposition to the

draft final-form regulation; and

WHEREAS, Governor Edward G. Rendell, on March 31, 2006, filed

an Amicus Curiae brief to the United States Court of Appeals,

stating the "Pennsylvania Constitution textually commits

educational funding to the General Assembly. As a result,

educational funding is determined through a legislative process

in which the General Assembly must consider various fiscal and

educational priorities"; and

WHEREAS, In 1973, the United States Supreme Court ruled that

"The consideration and initiation of fundamental reforms with

respect to the state taxation and education are matters reserved

for the legislative process of the various states....The

ultimate solution to educational funding issues must come from

the lawmakers and from the democratic pressures of those who

elect them"; therefore be it

RESOLVED, (The Senate Concurring) That the General Assembly

urge Governor Edward G. Rendell, who recognizes that educational

funding and related policies are determined through a

legislative process, to cease any funding of implementation of

high school graduation requirements until the General Assembly

establishes a policy by legislation, including a specific

appropriation, subsequent to discussion and vote by the full

Senate and House of Representatives; and be it further

RESOLVED, That the General Assembly request Governor Rendell

to impress upon his cabinet officials involved in educational

policy to honor the citizens of Pennsylvania who are dependent

upon the elected officials of the General Assembly to uphold

that which is declared by the Constitution of Pennsylvania; and

be it further

RESOLVED, That actions by individuals elected and appointed

to serve this Commonwealth that impede the democratic process be

considered as actions in disregard of the officials' assigned

constitutional and statutory duties and in disregard of the

honor to which their constituents, through the democratic

process, have called these officials to uphold; and be it

further

RESOLVED, That the General Assembly call upon the Independent

Regulatory Review Commission to consider whether proposed high

school graduation requirements have been given due consideration

by the General Assembly and by the Governor, in accordance with

the Regulatory Review Act, before a decision is made on final-

form regulation of high school graduation requirements.