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        PRIOR PRINTER'S NOS. 1409, 1592               PRINTER'S NO. 1662

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

        AS AMENDED ON SECOND CONSIDERATION, JUNE 8, 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     (VII)  INFORMATION REGARDING THE NUMBER OF SCHOOLS AND SCHOOL  <--
    25  DISTRICTS IN WHICH MORE THAN SIXTEEN PERCENT (16%) OF THE
    26  STUDENTS TO WHOM THE PSSA TEST WAS ADMINISTERED WERE CLASSIFIED
    27  AS STUDENTS WITH A DISABILITY AS OF THE DAY ON WHICH THE PSSA
    28  TEST WAS ADMINISTERED.
    29     (VIII)  INFORMATION REGARDING THE NUMBER OF SCHOOLS AND
    30  SCHOOL DISTRICTS IDENTIFIED UNDER SUBPARAGRAPH (VII) THAT HAVE
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     1  ACHIEVED EACH ACADEMIC PERFORMANCE TARGET AND THE NUMBER OF
     2  SCHOOLS AND SCHOOL DISTRICTS THAT HAVE NOT ACHIEVED EACH
     3  ACADEMIC PERFORMANCE TARGET. FOR THE PURPOSES OF THIS
     4  SUBPARAGRAPH, ACHIEVEMENT OF THE ACADEMIC PERFORMANCE TARGET
     5  SHALL BE CALCULATED BY EXCLUDING THE PSSA TEST SCORE OF ANY
     6  STUDENT WHO WAS CLASSIFIED AS A STUDENT WITH A DISABILITY AS OF
     7  THE DAY ON WHICH THE PSSA TEST WAS ADMINISTERED.
     8     (3)  Shall issue guidelines concerning the collection and
     9  submission of data as necessary to ensure continued compliance
    10  with Federal and State laws, regulations and standards.
    11     (4)  May conduct audits of the data submitted by local
    12  education agencies under subsection (b) for the purpose of
    13  assuring accuracy and completeness. If the department determines
    14  to conduct audits under this paragraph, the department shall
    15  issue guidelines for the conduct of such audits, including the
    16  percentage of local education agencies to be audited on a yearly
    17  basis. In conducting such audits, the department shall
    18  coordinate with the Department of the Auditor General. Nothing
    19  in this section shall be construed to expand the auditing
    20  authority of the Auditor General.
    21     (b)  A local education agency shall do all of the following:
    22     (1)  Collect data and submit it in a form and manner
    23  prescribed by the department. The data shall include:
    24     (i)  The information described in section 1111(h)(1)(C) of
    25  the No Child Left Behind Act of 2001 as applied to the local
    26  education agency as a whole and to each of its schools.
    27     (ii)  The information described in section 1111(h)(2)(B)(i)
    28  and (ii) of the No Child Left Behind Act of 2001.
    29     (iii)  Any other information required to comply with the No
    30  Child Left Behind Act of 2001.
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     1     (iv)  Any information described in 22 Pa. Code § 4.61
     2  (relating to school profiles) that is not included under
     3  subparagraph (i), (ii) or (iii).
     4     (v)  Information on the number of students to whom the PSSA
     5  test was administered who were enrolled in the school district
     6  for less than two (2) school years as of the day on which the
     7  PSSA test was administered.
     8     (vi)  Information on the number of students to whom the PSSA
     9  test was administered who were classified as limited English
    10  proficient as of the day on which the PSSA test was
    11  administered.
    12     (vii)  Information on the number of students to whom the PSSA
    13  test was administered who were classified as a student STUDENTS   <--
    14  with a disability as of the day on which the PSSA test was
    15  administered.
    16     (2)  Disseminate the information collected in paragraph (1)
    17  in accordance with the public dissemination requirements of
    18  section 1111(h)(2)(E) of the No Child Left Behind Act of 2001.
    19  Nothing in this section shall excuse a local education agency
    20  from complying with the requirements of the No Child Left Behind
    21  Act of 2001 not specifically referenced in this section.
    22     (c)  Definitions.--As used in this section, the following
    23  words and phrases shall have the meanings given to them in this
    24  subsection:
    25     "Department."  The Department of Education of the
    26  Commonwealth.
    27     "Local education agency."  A school district, cyber charter
    28  school, charter school, area vocational-technical school or
    29  intermediate unit.
    30     Section 2.  This act shall take effect in 60 days.
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