THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ORIE, SCARNATI, PILEGGI, BAKER, BRUBAKER, EARLL, EICHELBERGER, ERICKSON, FOLMER, GREENLEAF, LOGAN, PIPPY, RAFFERTY, ROBBINS, SMUCKER, WARD, WAUGH, M. WHITE, WONDERLING, DINNIMAN, ALLOWAY, LEACH AND McILHINNEY, FEBRUARY 17, 2009

SENATOR PICCOLA, EDUCATION, AS AMENDED, JUNE 2, 2009   

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 high schools, further providing

for academic degrees; and, in State Board of Education,

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further providing for powers and duties of board and for

cooperation between the board and the Department of

Education.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1611 of the act of March 10, 1949 (P.L.

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30, No.14), known as the Public School Code of 1949, is amended

by adding a subsection to read:

Section 1.  Sections 1611 and 2603-B of the act of March 10,

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1949 (P.L.30, No.14), known as the Public School Code of 1949,

are amended by adding subsections to read:

Section 1611.  Academic Degrees.--* * *

(a.1)  (1)  Notwithstanding the provisions of Article XXVI-B,

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or any other provision of law, any Statewide requirements for

high school graduation from a public school entity in this

Commonwealth, beyond any Statewide requirements in effect as of

the effective date of this subsection, shall be established only

by an act of the General Assembly. The Department of Education 

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by an act of the General Assembly.

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(2)  The Department of Education shall not develop or

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implement, directly or indirectly through any entity, such

Statewide requirements or enter into any contract that provides

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for graduation competency assessment relating to such Statewide

requirements until the General Assembly specifically

appropriates funds for the development and implementation of

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Statewide requirements for high school graduation.

(3)  No funds in the State Treasury may be expended for the

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development or implementation of Statewide requirements for high

school graduation until the General Assembly specifically

appropriates funds for the development and implementation of

Statewide requirements for high school graduation.

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Section 2603-B.  Powers and Duties of the Board.--* * *

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(l)  Notwithstanding any other provision of this section, act

or law to the contrary, the board may not develop or implement

any standard or promulgate, approve or propose any regulation to

require school districts to develop new or additional high

school graduation requirements or implement a model curriculum,

diagnostic testing or a new series of Statewide competency

assessments and related support services unless express

authority to do so is granted through an act of the General

Assembly after the effective date of this subsection.

Section 2.  Section 2606-B of the act, added March 30, 1988

(P.L.321, No.43), is amended to read:

Section 2606-B.  Cooperation Between the Board and the

Department of Education.--(a)  Statements of policy, standards,

rules and regulations promulgated by the board shall be binding

upon the Department of Education. The department shall submit to

the board for approval, modification or rejection, all rules and

regulations proposed by the department in the areas under the

control of the board. The Department of Education shall furnish

upon request of the board such data and information as the board

may, from time to time, require, and the department shall

provide administrative services for and on behalf of the board

for the implementation of the board's statements of policy,

standards, rules and regulations.

(b)  No funds from any source shall be expended for the

development and implementation of new or additional high school

graduation requirements which may include, but are not limited

to, model curriculum, diagnostic testing or a series of

graduation competency assessments, in accordance with the

prohibition under section 2603-B(l) unless express authority for

the development and implementation of such requirements is

granted through an act of the General Assembly after the

effective date of this subsection.

Section 3.  This act shall apply retroactively to January 1,

2008.

Section 2 4.  This act shall take effect immediately.

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