PRINTER'S NO. 3351
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2072
Session of
2015
INTRODUCED BY SAYLOR, QUIGLEY, RAPP, STAATS, GROVE, D. MILLER,
WARD, WATSON AND PHILLIPS-HILL, MAY 16, 2016
REFERRED TO COMMITTEE ON EDUCATION, MAY 16, 2016
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," in preliminary provisions, providing
for ESSA State Plan Advisory Commission.
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 124. ESSA State Plan Advisory Commission.--(a)
There is hereby established an ESSA State Plan Advisory
Commission.
(b) The commission shall review and make recommendations
related to the State plan as provided in this section.
(c) (1) The commission shall consist of the following
members:
(i) The chairman and minority chairman of the Education
Committee of the Senate and the chairman and minority chairman
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of the Education Committee of the House of Representatives or
their designees.
(ii) Two members appointed by the President pro tempore of
the Senate.
(iii) One member appointed by the Minority Leader of the
Senate.
(iv) Two members appointed by the Speaker of the House of
Representatives.
(v) One member appointed by the Minority Leader of the House
of Representatives.
(2) The commission shall appoint a member to serve as
chairman of the commission.
(d) The commission shall hold meetings at the call of the
chairman.
(e) The members may not receive compensation for their
services but shall be reimbursed for all necessary travel and
other reasonable expenses incurred in connection with the
performance of their duties as members of the commission.
(f) The General Assembly shall provide administrative
support, meeting space and any other assistance required by the
commission to carry out its duties under this section in
cooperation with the department. The department shall provide
the commission with data, research and other information upon
request by the commission.
(g) The department shall provide the commission with a
minimum of bimonthly reports on the development of the State
plan. The monthly reports shall include, but not be limited to,
information related to all initiatives required in the State
plan by the ESSA or its regulations, which shall include, but
not be limited to, all of the following:
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(1) Academic standards and assessments, including a thorough
analysis of testing times in other states and recommendations
for reducing testing times without compromising compliance with
Federal law.
(2) Statewide accountability system for all schools.
(3) School supports and interventions for low-performing
schools.
(4) Educator effectiveness and evaluation.
(h) The department shall provide to the commission
electronic copies of all materials used in the development of
the State plan.
(i) Prior to submission of the State plan to the United
States Secretary of Education, the department shall transmit the
State plan to the commission for review. At the time of
transmission of the State plan to the commission, the department
shall also provide all of the following:
(1) A summary of the revisions made by the State plan to the
ESEA waiver that affect any State statute, regulation of the
State Board of Education or standards of the Secretary of
Education.
(2) A summary of comments received during the thirty (30)
day public comment period required under section 1005 of ESSA
and any revisions made to the State plan as a result thereof.
(j) Within thirty (30) days of receipt of the State plan
under subsection (i), the commission shall review the State plan
and submit its comments and recommendations in writing to the
department.
(k) Within thirty (30) days of receipt of the comments and
recommendations under subsection (j), the department shall
resubmit the State plan to the commission along with a copy of
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its response to the comments submitted by the commission. The
department's response shall include all of the following:
(1) A summary of any revision to the State plan made as a
result of the commission's comments.
(2) A justification for not making revisions to the State
plan based upon each recommendation made by the commission.
(3) Any additional information requested by the commission.
(l) Upon submission of the State plan to the commission
under subsection (k), a summary of the State plan shall be
proposed as a resolution and referred to the Education Committee
of the Senate and the Education Committee of the House of
Representatives.
(m) (1) Upon a vote for approval or disapproval of the
Education Committee of each house, or upon deemed approval under
clause (3)(i), the resolution shall be reported to the body of
each house for its consideration. The Education Committee of the
Senate and the Education Committee of the House of
Representatives each shall have thirty (30) legislative days to
take action under this subsection. The resolution may be
approved or disapproved by a majority vote of the members of the
Education Committee of each house.
(2) Following the report of the resolution to each house
under clause (1), the resolution shall be placed on the calendar
of each house for the next legislative day following its
receipt. Each house shall have ten (10) legislative days to take
action under this clause. The resolution may be approved or
disapproved during the ten (10) legislative day period by a
majority of the members elected to each house.
(3) (i) Upon the expiration of the period for the Education
Committee of each house to act under clause (1), if either or
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both the Education Committee of the Senate and the Education
Committee of the House of Representatives fail to act as
provided in clause (1), the resolution shall be deemed approved
by the committee or committees that fail to act.
(ii) Upon the expiration of the period for action under
clause (2), if either or both the Senate and the House of
Representatives fail to act as provided under clause (2), the
resolution shall be deemed approved as to the house or houses
that fail to act.
(4) Upon the approval or disapproval of the resolution by a
vote, or deemed approval of the resolution under clause (3)(ii),
by the Senate and the House of Representatives, the department
shall submit the State plan to the United States Secretary of
Education in a timely manner in accordance with the date
prescribed by statute, regulation or standard of the United
States Secretary of Education. The department shall transmit the
State plan to the United States Secretary of Education with all
of the following:
(i) The comments and recommendations of the commission under
subsection (j).
(ii) The response of the department under subsection (k).
(iii) The votes of each house and all remarks regarding the
consideration of the resolution contained in the legislative
record.
(n) The department shall not submit the State plan prior to
the date of submission established by statute, regulation or
standard of the United States Secretary of Education until the
final disposition by each house has occurred in accordance with
this section.
(o) Provisions of the State plan, including any revisions to
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the ESEA waiver included in the State plan, that affect State
statute shall not go into effect unless the changes to State
statute are approved by an act of the General Assembly enacted
after the effective date of this section.
(p) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Commission." The ESSA State Plan Advisory Commission.
"Department." The Department of Education of the
Commonwealth.
"ESSA." The Every Student Succeeds Act (Public Law 114-95,
129 Stat. 1802).
"ESEA waiver." The waiver granted by the United States
Department of Education pursuant to its authority under section
9401 of the Elementary and Secondary Education Act of 1965
(Public Law 89-10, 20 U.S.C. ยง 6301 et seq.).
"State plan." The plan developed by the department and
submitted to the United States Secretary of Education under
section 1005 of ESSA.
Section 2. This act shall take effect immediately.
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