PRINTER'S NO. 1156

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1003 Session of 1983


        INTRODUCED BY SAURMAN, HALUSKA, E. Z. TAYLOR, VROON, NAHILL,
           McCLATCHY, HAGARTY, MAIALE, MICHLOVIC, FARGO, COLAFELLA,
           SIRIANNI, GLADECK AND BUNT, MAY 11, 1983

        REFERRED TO COMMITTEE ON EDUCATION, MAY 11, 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," further providing for courses of
     6     instruction.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 290.1 of the act of March 10, 1949
    10  (P.L.30, No.14), known as the Public School Code of 1949, added
    11  August 8, 1963 (P.L.564, No.299), is amended to read:
    12     Section 290.1.  Educational Performance Standards.--[To
    13  implement the purpose of this subdivision, the State Board of
    14  Education, as soon as possible and in any event no later than
    15  July 1, 1965, shall develop or cause to be developed an
    16  evaluation procedure designed to measure objectively the
    17  adequacy and efficiency of the educational programs offered by
    18  the public schools of the Commonwealth. The evaluation procedure
    19  to be developed shall include tests measuring the achievements


     1  and performance of students pursuing all of the various subjects
     2  and courses comprising the curricula. The evaluation procedure
     3  shall be so constructed and developed as to provide each school
     4  district with relevant comparative data to enable directors and
     5  administrators to more readily appraise the educational
     6  performance and to effectuate without delay the strengthening of
     7  the district's educational program. Tests developed under the
     8  authority of this section to be administered to pupils shall be
     9  used for the purpose of providing a uniform evaluation of each
    10  school district and the other purposes set forth in this
    11  subdivision. The State Board of Education shall devise
    12  performance standards upon the completion of the evaluation
    13  procedure required by this section.] (a)  The twelve goals of
    14  quality education heretofore promulgated by the State Board of
    15  Education pursuant to this section and in effect on the
    16  effective date of this amendatory act are hereby rescinded. The
    17  Department of Education, within one (1) year of the effective
    18  date of this amendatory act, shall develop, cause to be
    19  developed or select commercially available tests designed to
    20  measure objectively cognitive development and educational
    21  performance in reading, writing, arithmetic or mathematics and
    22  science. These tests shall be administered to all public school
    23  students in the Commonwealth in the fifth, eighth and eleventh
    24  grades. Students defined as exceptional under section 1371 shall
    25  be exempt from the provisions of this section but may
    26  participate at the written request of a parent or guardian.
    27     (b)  Tests administered at the fifth and eighth grade levels
    28  shall be utilized by all school districts to measure relative
    29  student performance and to assist in the development of and
    30  placement of students in remedial education programs.
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     1     (c)  Satisfactory performance as determined by the department
     2  on the test administered in the eleventh grade shall be a basic
     3  prerequisite for receiving a high school diploma. A student
     4  failing the eleventh grade test shall immediately be placed in
     5  appropriate remediation 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 during his senior year
     9  of high school when the district shall offer it. If a student
    10  fails to pass the test on all of these occasions, he shall not
    11  receive a high school diploma. The graduation requirements
    12  established herein shall take effect for the school year
    13  commencing four (4) years after the development or selection by
    14  the department of appropriate testing instruments.
    15     (d)  Results of the test administered in the fifth, eighth
    16  and eleventh grades shall be made available to parents or
    17  guardians upon written request to the principal of the school in
    18  which the student is enrolled. The board of school directors in
    19  each school district shall determine which school district
    20  personnel may have access to the test results.
    21     Section 2.  Section 1511 of the act is repealed.
    22     Section 3.  The act is amended by adding a section to read:
    23     Section 1511.1.  Mandated and Required Programs or Courses of
    24  Study.--(a)  The mandated programs or courses of study are as
    25  follows:
    26     (1)  Elementary school level.--English, to include spelling,
    27  reading and writing, arithmetic, science, geography, history of
    28  the United States and Pennsylvania, civics, safety education,
    29  including regular and continuous instruction in the dangers and
    30  prevention of fires, comprehensive health education, physical
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     1  education, energy and environmental education, music and art.
     2     (2)  Secondary school level.--English, to include reading,
     3  language, literature, speech and composition, science, to
     4  include biology, physics and chemistry, geography, social
     5  studies, to include civics, economics, world history, United
     6  States history and Pennsylvania history, foreign languages,
     7  mathematics, to include general mathematics and statistics,
     8  algebra, geometry and trigonometry, industrial arts, home
     9  economics, art, music, physical education, energy and
    10  environmental education, comprehensive health education and
    11  safety education, including regular and continuous instruction
    12  in the dangers and prevention of fires. The program of health
    13  and physiology shall include instruction concerning the causes,
    14  effects, prevention and treatment of drug and alcohol abuse and
    15  the undesirability of the abuse of these substances.
    16     (b)  The State board shall designate which of the mandated
    17  programs or courses of study shall be required of all students
    18  or of all students in certain grade levels. The following
    19  minimum high school graduation requirements are hereby
    20  established:
    21     (1)  Four (4) years of english.
    22     (2)  Three (3) years of mathematics.
    23     (3)  One-half (1/2) year of computer science.
    24     (4)  Three (3) years of science.
    25     (5)  Three (3) years of social studies.
    26     (c)  The certificate of any principal or teacher-in-charge of
    27  any nonpublic school operated by or under the authority of bona
    28  fide religious institutions setting forth that the work of the
    29  school is in compliance with the programs or courses stated in
    30  subsection (a) shall be sufficient and satisfactory evidence
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     1  thereof.
     2     Section 4.  Section 1512 of the act is repealed.
     3     Section 5.  The act is amended by adding a section to read:
     4     Section 1512.1.  Development of Additional Programs or
     5  Courses of Study.--(a)  The board of school directors, with the
     6  advice of the superintendent of schools, shall develop such
     7  programs or courses of study in addition to those referred to in
     8  this article as may be necessary to meet local needs or
     9  conditions.
    10     (b)  Courses in the literature of the Bible and other
    11  religious writings, to be prepared and adopted according to age
    12  levels by the department, with the advice and counsel of the
    13  Council of Basic Education and the approval of the State board,
    14  may be introduced and studied as regular courses in the
    15  literature branch of education in the secondary public schools.
    16  These courses shall be elective and not required of any student.
    17     Section 6.  Section 1513 of the act is repealed.
    18     Section 7.  The act is amended by adding a section to read:
    19     Section 1513.1.  Language Used in Teaching Subjects.--All
    20  subjects, except foreign languages, shall be taught in the
    21  English language and from English texts in compliance with State
    22  board regulations and department standards. The teaching of
    23  subjects in a language other than English may be permitted as
    24  part of a sequence in foreign language study if the teaching
    25  personnel are properly certified in the subject fields.
    26     Section 8.  Section 1514 of the act is repealed.
    27     Section 9.  The act is amended by adding a section to read:
    28     Section 1514.1.  Display of United States Flag.--The
    29  governing board of each school entity shall display a United
    30  States flag upon or near each public school building in clement
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     1  weather, during school hours and at such other times as the
     2  board may determine.
     3     (b)  All boards of school directors, all proprietors or
     4  principals of nonpublic schools and all authorities in control
     5  of nonpublic schools or other educational institutions shall
     6  display the United States flag, not less than three (3) feet in
     7  length, within all school buildings under their control during
     8  each day the schools are in session.
     9     (c)  Each school shall provide and distribute to each student
    10  enrolled in the eighth grade of the public schools, one
    11  illustrated copy of the National Flag Code, and shall, from time
    12  to time, make available such copies as are necessary for the
    13  replacements from year to year. It shall be the duty of each
    14  teacher in the public schools to make such use of the code as he
    15  may, from time to time, see proper.
    16     Section 10.  Section 1515 of the act is repealed.
    17     Section 11.  The act is amended by adding a section to read:
    18     Section 1515.1.  Program for Development of Citizenship and
    19  Patriotism.--(a)  All administrators and teachers in charge of
    20  public and nonpublic schools shall establish and direct the
    21  conduct of appropriate daily instruction or ceremonies, or in
    22  lieu thereof, at least one full period per week, for the purpose
    23  of affirming and developing all allegiance to and respect for
    24  the flag of the United States of America, and for promoting of a
    25  clear understanding of our American way of life, with all of the
    26  unparalleled individual opportunities, and our republican form
    27  of government, with its responsiveness to majority decisions and
    28  demands.
    29     (b)  The program shall include:
    30     (1)  Instruction in the fundamental principles of our form of
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     1  government.
     2     (2)  An understanding of the provisions of the Constitution
     3  of Pennsylvania and the Constitution of the United States of
     4  America.
     5     (3)  The values to be found in the freedom of speech, of
     6  religion and of the press.
     7     (4)  The values to be found in obedience to the laws of the
     8  land and this Commonwealth.
     9     (5)  The importance of exercising the right of franchise.
    10     (6)  The obligation of every citizen to stand ready to defend
    11  his country at all times from infiltration or aggression by
    12  those acts and ideologies that are contrary to the American
    13  philosophy of life.
    14     Section 12.  Sections 1516 and 1516.1 of the act are
    15  repealed.
    16     Section 13.  The act is amended by adding a section to read:
    17     Section 1516.2.  Periods for Prayer and Meditation.--(a)  In
    18  each public school classroom, the teacher in charge may, or if
    19  so authorized or directed by the governing board by which he is
    20  employed, shall, at the opening of school upon every school day,
    21  conduct a brief period of silent prayer or meditation with the
    22  participation of all the students therein assembled.
    23     (b)  The silent prayer or mediation authorized by subsection
    24  (a) is not intended to be, and shall not be conducted as, a
    25  religious service or exercise, but shall be considered as an
    26  opportunity for silent prayer or mediation on a religious theme
    27  by those who are so disposed, or a moment of silent reflection
    28  on the anticipated activities of the day.
    29     Section 14.  Sections 1517 and 1518 of the act are repealed.
    30     Section 15.  This act shall take effect immediately.
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