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        PRIOR PRINTER'S NO. 1409                      PRINTER'S NO. 1592

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1024 Session of 2004


        INTRODUCED BY BRIGHTBILL, ERICKSON, RHOADES, GORDNER, EARLL,
           CONTI, O'PAKE, D. WHITE, MOWERY, LEMMOND, ARMSTRONG,
           TOMLINSON, M. WHITE, ORIE, PILEGGI, FERLO, PIPPY, CORMAN AND
           RAFFERTY, FEBRUARY 11, 2004

        SENATOR RHOADES, EDUCATION, AS AMENDED, MAY 4, 2004

                                     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 State Report
     6     Card.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 220 of the act of March 10, 1949 (P.L.30,
    10  No.14), known as the Public School Code of 1949, amended or
    11  added December 9, 2002 (P.L.1317, No.153) and December 23, 2003
    12  (P.L.304, No.48), is amended to read:
    13     Section 220.  State Report Card.--(a)  The department shall
    14  create a State Report Card based on the information collected
    15  pursuant to this section. The department:
    16     (1)  Shall inform the public of the availability of the State
    17  Report Card prior to publication.
    18     (2)  Shall publish on its World Wide Web site the State
    19  Report Card, providing information at the State, local education

     1  agency and school levels. The State Report Card shall include
     2  all of the following:
     3     (i)  Information regarding the number of schools and school
     4  districts that have achieved adequate yearly progress and the
     5  number of schools and school districts that have not achieved
     6  adequate yearly progress.
     7     (ii)  Information regarding the number of schools and school
     8  districts that have achieved each academic performance target
     9  and the number of schools and school districts that have not
    10  achieved each academic performance target.
    11     (iii)  Information regarding the number of schools and school
    12  districts in which more than five percent (5%) of the students
    13  to whom the PSSA test was administered were enrolled in the
    14  school district for less than two (2) school years as of the day
    15  on which the PSSA test was administered.
    16     (iv)  Information regarding the number of schools and school
    17  districts identified under subparagraph (iii) that have achieved
    18  each academic performance target and the number of schools and
    19  school districts that have not achieved each academic
    20  performance target. For the purposes of this subparagraph,
    21  achievement of the academic performance target shall be
    22  calculated by excluding the PSSA test score of any student who
    23  was enrolled in the school district for less than two (2) school
    24  years as of the day on which the PSSA test was administered.
    25     (v)  Information regarding the number of schools and school
    26  districts in which more than five percent (5%) of the students
    27  to whom the PSSA test was administered were classified as
    28  limited English proficient as of the day on which the PSSA test
    29  was administered.
    30     (vi)  Information regarding the number of schools and school
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     1  districts identified under subparagraph (v) that have achieved
     2  each academic performance target and the number of schools and
     3  school districts that have not achieved each academic
     4  performance target. For the purposes of this subparagraph,
     5  achievement of the academic performance target shall be
     6  calculated by excluding the PSSA test score of any student who
     7  was classified as limited English proficient as of the day on
     8  which the PSSA test was administered.
     9     (VII)  INFORMATION REGARDING THE NUMBER OF SCHOOLS AND SCHOOL  <--
    10  DISTRICTS IN WHICH MORE THAN SIXTEEN PERCENT (16%) OF THE
    11  STUDENTS TO WHOM THE PSSA TEST WAS ADMINISTERED WERE CLASSIFIED
    12  AS A STUDENT WITH A DISABILITY AS OF THE DAY ON WHICH THE PSSA
    13  TEST WAS ADMINISTERED.
    14     (VIII)  INFORMATION REGARDING:
    15     (A)  THE NUMBER OF SCHOOLS AND SCHOOL DISTRICTS IDENTIFIED
    16  UNDER SUBPARAGRAPH (V) THAT HAVE ACHIEVED EACH ACADEMIC
    17  PERFORMANCE TARGET; AND
    18     (B)  THE NUMBER OF SCHOOLS AND SCHOOL DISTRICTS THAT HAVE NOT
    19  ACHIEVED EACH ACADEMIC PERFORMANCE TARGET. FOR THE PURPOSES OF
    20  THIS SUBPARAGRAPH, CALCULATION OF THE ACHIEVEMENT OF THE
    21  ACADEMIC PERFORMANCE TARGET SHALL EXCLUDE THE PSSA TEST SCORE OF
    22  ANY STUDENT WHO WAS CLASSIFIED AS A STUDENT WITH A DISABILITY AS
    23  OF THE DAY ON WHICH THE PSSA TEST WAS ADMINISTERED.
    24     (3)  Shall issue guidelines concerning the collection and
    25  submission of data as necessary to ensure continued compliance
    26  with Federal and State laws, regulations and standards.
    27     (4)  May conduct audits of the data submitted by local
    28  education agencies under subsection (b) for the purpose of
    29  assuring accuracy and completeness. If the department determines
    30  to conduct audits under this paragraph, the department shall
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     1  issue guidelines for the conduct of such audits, including the
     2  percentage of local education agencies to be audited on a yearly
     3  basis. In conducting such audits, the department shall
     4  coordinate with the Department of the Auditor General. Nothing
     5  in this section shall be construed to expand the auditing
     6  authority of the Auditor General.
     7     (b)  A local education agency shall do all of the following:
     8     (1)  Collect data and submit it in a form and manner
     9  prescribed by the department. The data shall include:
    10     (i)  The information described in section 1111(h)(1)(C) of
    11  the No Child Left Behind Act of 2001 as applied to the local
    12  education agency as a whole and to each of its schools.
    13     (ii)  The information described in section 1111(h)(2)(B)(i)
    14  and (ii) of the No Child Left Behind Act of 2001.
    15     (iii)  Any other information required to comply with the No
    16  Child Left Behind Act of 2001.
    17     (iv)  Any information described in 22 Pa. Code § 4.61
    18  (relating to school profiles) that is not included under
    19  subparagraph (i), (ii) or (iii).
    20     (v)  Information on the number of students to whom the PSSA
    21  test was administered who were enrolled in the school district
    22  for less than two (2) school years as of the day on which the
    23  PSSA test was administered.
    24     (vi)  Information on the number of students to whom the PSSA
    25  test was administered who were classified as limited English
    26  proficient as of the day on which the PSSA test was
    27  administered.
    28     (VII)  INFORMATION ON THE NUMBER OF STUDENTS TO WHOM THE PSSA  <--
    29  TEST WAS ADMINISTERED WHO WERE CLASSIFIED AS A STUDENT WITH A
    30  DISABILITY AS OF THE DAY ON WHICH THE PSSA TEST WAS
    20040S1024B1592                  - 4 -     

     1  ADMINISTERED.
     2     (2)  Disseminate the information collected in paragraph (1)
     3  in accordance with the public dissemination requirements of
     4  section 1111(h)(2)(E) of the No Child Left Behind Act of 2001.
     5  Nothing in this section shall excuse a local education agency
     6  from complying with the requirements of the No Child Left Behind
     7  Act of 2001 not specifically referenced in this section.
     8     (c)  Definitions.--As used in this section, the following
     9  words and phrases shall have the meanings given to them in this
    10  subsection:
    11     "Department."  The Department of Education of the
    12  Commonwealth.
    13     "Local education agency."  A school district, cyber charter
    14  school, charter school, area vocational-technical school or
    15  intermediate unit.
    16     Section 2.  This act shall take effect in 60 days.










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