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," in preliminary provisions, providing 
6for limitation of assessments.

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 121.1. Limitation of Assessments.--(a) Student
13demonstration of proficiency of the academic standard measured
14in an assessment required under Federal or State law shall not
15be a requirement of eligibility for high school graduation
16unless so decided by the school entity. A school entity may
17elect to have the assessment count for any portion of the
18student's course grade as it deems prudent.

19(b) (1) A school entity may offer remediation of a subject
20area through supplemental instructional support to a student who

1does not demonstrate proficiency on an assessment if the board
2of school directors, board of trustees, School Reform Commission
3or joint board or school committee operating any high school in
4a school entity votes to provide supplemental instruction
5support.

6(2) A student enrolled at a school entity offering
7supplemental instruction support who did not demonstrate
8proficiency on an assessment may request remediation of the
9subject area. The school entity shall provide the requested
10remediation to the student which must be consistent with the
11student's educational program and assist the student to attain
12proficiency.

13(3) (i) The school entity shall administer an assessment to
14the student to reassess the student's proficiency level.
15Reassessment may only occur one time per subject area.

16(ii) If a student does not demonstrate proficiency on the
17assessment administered following remediation, the school entity
18may offer the student a project-based assessment established
19under 22 Pa. Code § 4.51c (relating to project-based assessment)
20to measure proficiency. A project-based assessment system shall
21align with the original assessment. If the department has a
22system that was developed for the academic standard being
23measured by the assessment, the school entity may administer it
24to be scored by a Statewide panel composed of teachers,
25principals and curriculum specialists assembled by the
26department if such a panel exists.

27(iii) The school entity shall not be permitted to continue
28to assess proficiency of a student in a subject area of the
29assessment beyond the project-based assessment. The project-
30based assessment may only be administered one time for any

1student.

2(c) For the purposes of this section, the following words
3and phrases shall have the meanings given to them in this
4subsection unless the context clearly indicates otherwise:

5(1) "Assessment." A measurement of student performance on a
6set of academic standards in a subject area to determine of the
7student met certain performance level expectations required to
8achieve proficiency in alignment with Federal or State academic
9standards. The assessment may be established under Federal or
10State law, regulation or department initiative or as part of a
11waiver process regardless of whether it is implemented as a
12requirement of the law, regulation or initiative, voluntarily by
13the Commonwealth or as a condition for participation in a grant
14program. The assessment may be in the form of a national
15standardized assessment, a department created assessment or an
16assessment developed in conjunction with a consortium.
17Assessment shall include, but not be limited to, the following:

18(i) The Pennsylvania System of School Assessment test.

19(ii) A Keystone Exam or another test established by the
20State Board to meet the requirements of section 2603-B(d)(10)(i)
21and required under the No Child Left Behind Act of 2001 (Public
22Law 107-110, 115 Stat. 1425) or its successor Federal statute.

23(iii) A test or assessment established by the State Board to
24meet the requirements of section 9401 of the Elementary and
25Secondary Education Act (Public Law 89-10, 20 U.S.C. § 7861)
26flexibility waiver application submitted by the department.

27(iv) A project-based assessment established under 22 Pa.
28Code § 4.51c (relating to project-based assessment).

29(v) A local assessment established under 22 Pa. Code § 4.52
30(relating to local assessment system).

1(2) "Department." The Department of Education of the
2Commonwealth.

3(3) "School entity." A school district, charter school,
4cyber charter school, joint school, area vocational-technical
5school or intermediate unit.

6(4) "State board." The State Board of Education of the
7Commonwealth.

8Section 2. Any regulation promulgated by the board in 22 Pa.
9Code Ch. 4 (relating to academic standards and assessments) is
10abrogated insofar that a demonstration of proficiency on one or
11more assessments is a requirement for student eligibility for
12high school graduation or that supplemental instruction support
13and reassessment are required.

14Section 3. This act shall take effect in 60 days.