A07379
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
85
Session of
2018
INTRODUCED BY LAWRENCE, BARRAR, BERNSTINE, CHARLTON, DIAMOND,
ENGLISH, KEEFER, METCALFE, O'NEILL, ROE, TALLMAN, THOMAS AND
WARD, MAY 24, 2018
REFERRED TO COMMITTEE ON EDUCATION, MAY 24, 2018
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in preliminary provisions, providing
for exemption from Keystone Exams assessment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 121.1. Exemption from Keystone Exams Assessment .--
(a) Within one hundred eighty (180) days of the effective date
of this section, each governing authority of a school entity
shall meet and determine if the school entity shall excuse a
student from Keystone Exam testing assessment if the student's
parent or guardian submits an objection based on philosophical
grounds in writing to school officials.
(b) If a governing authority of a school entity fails to
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meet or make a determination as prescribed under subsection (a),
the school entity shall excuse a student from Keystone Exam
testing assessment if the student's parent or guardian submits
an objection based on philosophical grounds in writing to school
officials.
(c) If a school entity adopts a policy allowing for excusal
from Keystone Exam testing assessment based on philosophical
grounds under subsection (a), or if the school entity fails to
meet or make a determination within the prescribed one hundred
eighty (180) days and the default applies under subsection (b),
the following shall apply:
(1) A student shall not be given negative consequences,
including the denial of a high school diploma, based solely on
the student's parent or guardian utilizing the provisions under
subsection (a) or (b).
(2) A school entity, including the administration, chief
school officer, temporary professional employes and professional
employes may not:
(i) solicit a student or student's parent or guardian to
utilize the provisions under subsection (a) or (b); or
(ii) be penalized for a student's parent or guardian
utilizing the provisions under subsection (a) or (b).
(d) As used in this section, the following words and phrases
shall have the meanings given to them in the subsection unless
the context clearly indicates otherwise:
"Assessment." Any of the following:
(1) The Pennsylvania System of School Assessment test.
(2) The Keystone Exam.
(3) A test established by statute or established or approved
by the State Board of Education to comply with:
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(i) section 2603-B;
(ii) section 2604-B;
(iii) 22 Pa. Code ยง 4.51 (relating to State assessment
system); or
(iv) the Every Student Succeeds Act (Public Law 114-95, 129
Stat. 1802).
"Governing authority." A local board of school directors, or
the equivalent, of a school entity.
"School entity." A school district, intermediate unit, joint
school, area vocational-technical school, charter school,
regional charter school or cyber charter school.
Section 2. This act shall take effect immediately.
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