1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," providing for Student Performance
6Measurement Advisory Commission.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10as the Public School Code of 1949, is amended by adding a
11section to read:

12Section 122. Student Performance Measurement Advisory
13Commission.--(a) The Governor shall immediately convene a
14Statewide advisory commission to be known as the Student
15Performance Measurement Advisory Commission.

16(b) The Student Performance Measurement Advisory Commission
17shall consist of the following members:

18(1) One (1) member of the Senate appointed by the President
19pro tempore of the Senate.

20(2) One (1) member of the Senate appointed by the Minority

1Leader of the Senate.

2(3) One (1) member of the House of Representatives appointed
3by the Speaker of the House of Representatives.

4(4) One (1) member of the House of Representatives appointed
5by the Minority Leader of the House of Representatives.

6(5) The Secretary of Education or a designee.

7(6) The chairman of the State Board of Education or a
8designee.

9(7) The following members of the Student Performance
10Measurement Advisory Commission shall be selected by the
11Governor:

12(i) One (1) member who shall represent teachers from a list
13of three (3) qualified persons recommended by the employe
14organizations that represent teachers employed in the public
15schools of this Commonwealth.

16(ii) One (1) member who shall represent school board members
17from a list of three (3) qualified persons recommended by the
18organization that represents school boards in this Commonwealth.

19(iii) One (1) member who shall represent school
20administrators from a list of three (3) qualified persons
21recommended by the organization that represents school
22administrators employed in the public schools of this
23Commonwealth.

24(iv) One (1) member who shall represent institutions of
25higher education from a list of three (3) qualified persons
26recommended by the State System of Higher Education.

27(v) One (1) member who shall represent parents of students
28attending public schools of this Commonwealth from a list of
29three (3) qualified persons recommended by the organization that
30represents parents of students in the schools of this

1Commonwealth.

2(c) The following shall apply to members of the Student
3Performance Measurement Advisory Commission:

4(1) Members of the Student Performance Measurement Advisory
5Commission shall be appointed within twenty (20) days of the
6effective date of this section. Any vacancy on the Student
7Performance Measurement Advisory Commission shall be filled by
8the original appointing authority.

9(2) Each member of the Student Performance Measurement
10Advisory Commission may designate another person to represent
11that member at meetings of the Student Performance Measurement
12Advisory Commission.

13(d) The organizational meeting shall take place not later
14than thirty (30) days following the effective date of this
15section. The Student Performance Measurement Advisory Commission
16shall select a chairman and vice chairman from among its
17membership at the organizational meeting.

18(e) Six (6) members of the Student Performance Measurement
19Advisory Commission shall constitute a quorum at any meeting.

20(f) Members of the Student Performance Measurement Advisory
21Commission shall receive no compensation for their services but
22shall be reimbursed for all necessary travel and other
23reasonable expenses incurred in connection with the performance
24of their duties as members.

25(g) Whenever possible, the Student Performance Measurement
26Advisory Commission shall utilize the services and expertise of
27existing personnel and staff of State government.

28(h) The Department of Education may utilize undistributed
29funds not expended, encumbered or committed from appropriations
30for grants and subsidies made to the department, not to exceed

1three hundred thousand dollars ($300,000), to carry out the
2provisions of this section.

3(i) The Student Performance Measurement Advisory Commission
4shall hold meetings at the call of the chairman. The Student
5Performance Measurement Advisory Commission may also hold public
6hearings on the matters considered by the commission at
7locations throughout this Commonwealth. All meetings and public
8hearings of the Student Performance Measurement Advisory
9Commission shall be deemed public meetings for the purpose of 65
10Pa.C.S. Ch. 7 (relating to open meetings).

11(j) The Student Performance Measurement Advisory Commission
12shall have the following powers and duties:

13(1) Review the following to determine their strengths and
14weaknesses in providing a fair and accurate assessment of
15academic performance for students, schools, school districts and
16educators:

17(i) The Pennsylvania System of School Assessment.

18(ii) The Pennsylvania Alternate System of Assessment.

19(iii) The Keystone Examinations.

20(iv) The Pennsylvania Accountability System, including the
21Pennsylvania Performance Index.

22(v) Pennsylvania Value Added Assessment System.

23(2) Evaluate and make findings and recommendations for the
24following to further improve the measures of performance in this
25Commonwealth to more fairly and accurately measure the academic
26performance of students, schools, school districts and
27educators:

28(i) The replacement of the Pennsylvania System of School
29Assessment and the Pennsylvania Alternate System of Assessment.

30(ii) The replacement or revision of the Pennsylvania

1Accountability System and the Pennsylvania Value Added
2Assessment System.

3(3) Consult with and utilize experts to assist in carrying
4out the duties under this section.

5(4) Develop the recommendations made under paragraph (2)
6according to the following:

7(i) Under the recommendations made under paragraph (2)(i),
8evaluate and consider whether to incorporate the Keystone
9Examinations, and if incorporated, such degree of incorporation.

10(ii) Evaluate and incorporate the following in the
11recommendations made under paragraph (2)(ii):

12(A) Improvements in the design and use of replacement
13assessments and the use of the assessment results to better
14reflect actual student, school, school district and educator
15performance.

16(B) Utilization of multiple measures of student performance
17that can be used to guide and inform educational practice and
18for accountability purposes to include, but not be limited to,
19the following:

20(I) Student achievement.

21(II) Gains in student achievement.

22(III) Reductions in the student achievement gap.

23(IV) School attendance rates.

24(V) Graduation rates.

25(C) At least five (5) classifications of academic
26performance to recognize a range of academic performance from a
27high level through a continuous range to a low level to provide
28improved targeting of rewards for high-performing schools and
29school districts and assistance for low-performing schools and
30school districts.

1(D) Incentives for schools to assist students to improve
2their performance.

3(iii) Design the recommendations made under paragraph (2) to
4provide differentiated systems of support to the lowest-
5performing schools and school districts including professional
6development that is targeted to the deficits of each school and
7school district.

8(iv) Provide for reasonable and realistic implementation
9goals that ensure that the Commonwealth, the school districts
10and schools have the capacity to fully implement the
11accountability system and act on the results.

12(v) Design the recommendations made under paragraph (2) to
13incorporate the application of the replacement assessment
14systems to each public school, charter school, regional charter
15school, cyber charter school, area vocational-technical school
16and nonpublic school in this Commonwealth to provide for the
17assessment of every student in the tested grades.

18(vi) (A) Except as provided in clause (B), align the
19recommendations with the requirements of the No Child Left
20Behind Act of 2001 or its successor statute.

21(B) (I) Make recommendations under paragraph (2) that vary
22from the requirements of the No Child Left Behind Act of 2001,
23or its successor statute, only where necessary to comply with
24this section.

25(II) Where the recommendations made under paragraph (2) vary
26from the requirements of the No Child Left Behind Act of 2001,
27make additional recommendations for the submission of the
28incompatible recommendations as a request to the United States
29Department of Education for a waiver under the Elementary and
30Secondary Education Act of 1965 (Public Law 89-10, 20 U.S.C. §

16301 et seq.) from the applicable provisions of the No Child
2Left Behind Act of 2001 or its successor statute.

3(vii) Make additional recommendations for the submission of
4recommendations made under paragraph (2) that are compatible
5with the No Child Left Behind Act of 2001 or its successor
6statute to the United States Department of Education for
7approval of the recommended changes to the Commonwealth's
8Consolidated State Application Accountability Workbook.

9(k) (1) No later than three hundred sixty (360) days from
10the effective date of this section, the Student Performance
11Measurement Advisory Commission shall submit an interim report
12to the Governor, the President pro tempore of the Senate, the
13Minority Leader of the Senate, the chairman and the minority
14chairman of the Education Committee of the Senate, the Speaker
15of the House of Representatives, the Minority Leader of the
16House of Representatives and the chairman and the minority
17chairman of the Education Committee of the House of
18Representatives.

19(2) No later than seven hundred thirty (730) days from the
20effective date of this section, the commission shall submit a
21final report of its findings and recommendations to the
22Governor, the President pro tempore of the Senate, the Minority
23Leader of the Senate, the chairman and the minority chairman of
24the Education Committee of the Senate, the Speaker of the House
25of Representatives, the Minority Leader of the House of
26Representatives and the chairman and the minority chairman of
27the Education Committee of the House of Representatives.

28(l) This section shall expire seven hundred sixty (760) days
29from the effective date of this section.

30Section 2. This act shall take effect in 60 days.