THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WILLIAMS, STACK, YUDICHAK AND FERLO, OCTOBER 10, 2012

REFERRED TO EDUCATION, OCTOBER 10, 2012  

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," providing for assessments for

scholarship recipients.

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 122.  Assessments for Scholarship Recipients.--(a)  

For each nonpublic school admitting scholarship recipients

receiving scholarships under a program established under this

act, a program established under Article XVII-F or Article XVII-

G.1 of the act of March 4, 1971 (P.L.6, No.2), known as the "Tax

Reform Code of 1971," or a program established under any other

act of this Commonwealth, the following shall apply:

(1)  (i)  Each nonpublic school shall administer annually an

assessment or a nationally normed standardized achievement test

in reading/language arts and mathematics to each scholarship

recipient attending the nonpublic school in grades three, five,

eight and eleven.

(ii)  To comply with this clause, a nonpublic school may

either administer an assessment or administer a nationally

normed standardized achievement test chosen by the nonpublic

school from a list established under clause (2).

(2)  The Department of Education shall establish a list of at

least eight nationally normed standardized achievement tests

from which the nonpublic school shall select a test to be

administered if the nonpublic school does not choose to

administer an assessment.

(3)  Each nonpublic school shall:

(i)  Release each scholarship recipient's individual results

on the assessment or nationally normed standardized achievement

test administered to scholarship recipients under clause (1) to

the parent of the scholarship recipient.

(ii)  If the nonpublic school has a publicly accessible

Internet website, post on the Internet website the nonpublic

school's aggregate results on the assessment or nationally

normed standardized achievement test administered to scholarship

recipients under clause (1), provided that the nonpublic school

shall not post results that reveal the identity of any

individual student.

(4)  The nonpublic school shall bear the cost of the testing

administered under this section and shall not impose an

assessment or testing fee on a scholarship recipient.

(5)  The Department of Education may not require a nonpublic

school to provide individual or aggregate results of the testing

administered under this section other than as prescribed in

clause (3).

(b)  As used in this section, "assessment" shall mean the

Pennsylvania System of School Assessment test, the Keystone

Exam, an equivalent local assessment or another test established

by the State Board of Education to meet the requirements of

section 2603-B(d)(10)(i) of this act and required under the No

Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat.

1425) or its successor statute or any other test required to

achieve other standards established by the Department of

Education for the public school or school district under 22 Pa.

Code § 403.3 (relating to single accountability system).

Section 2.  This act shall take effect in 60 days.