PRINTER'S NO. 262
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
355
Session of
2015
INTRODUCED BY BREWSTER, TEPLITZ, FONTANA, SCHWANK, HAYWOOD,
DINNIMAN AND VULAKOVICH, JANUARY 28, 2015
REFERRED TO EDUCATION, JANUARY 28, 2015
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 Student Performance Measurement 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. Student Performance Measurement Advisory
Commission.--(a) The Governor shall immediately convene a
Statewide advisory commission to be known as the Student
Performance Measurement Advisory Commission.
(b) The Student Performance Measurement Advisory Commission
shall consist of the following members:
(1) One (1) member of the Senate appointed by the President
pro tempore of the Senate.
(2) One (1) member of the Senate appointed by the Minority
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Leader of the Senate.
(3) One (1) member of the House of Representatives appointed
by the Speaker of the House of Representatives.
(4) One (1) member of the House of Representatives appointed
by the Minority Leader of the House of Representatives.
(5) The Secretary of Education or a designee.
(6) The chairman of the State Board of Education or a
designee.
(7) The following members of the Student Performance
Measurement Advisory Commission shall be selected by the
Governor:
(i) One (1) member who shall represent teachers from a list
of three (3) qualified persons recommended by the employe
organizations that represent teachers employed in the public
schools of this Commonwealth.
(ii) One (1) member who shall represent school board members
from a list of three (3) qualified persons recommended by the
organization that represents school boards in this Commonwealth.
(iii) One (1) member who shall represent school
administrators from a list of three (3) qualified persons
recommended by the organization that represents school
administrators employed in the public schools of this
Commonwealth.
(iv) One (1) member who shall represent institutions of
higher education from a list of three (3) qualified persons
recommended by the State System of Higher Education.
(v) One (1) member who shall represent parents of students
attending public schools of this Commonwealth from a list of
three (3) qualified persons recommended by the organization that
represents parents of students in the schools of this
20150SB0355PN0262 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Commonwealth.
(c) The following shall apply to members of the Student
Performance Measurement Advisory Commission:
(1) Members of the Student Performance Measurement Advisory
Commission shall be appointed within twenty (20) days of the
effective date of this section. Any vacancy on the Student
Performance Measurement Advisory Commission shall be filled by
the original appointing authority.
(2) Each member of the Student Performance Measurement
Advisory Commission may designate another person to represent
that member at meetings of the Student Performance Measurement
Advisory Commission.
(d) The organizational meeting shall take place not later
than thirty (30) days following the effective date of this
section. The Student Performance Measurement Advisory Commission
shall select a chairman and vice chairman from among its
membership at the organizational meeting.
(e) Six (6) members of the Student Performance Measurement
Advisory Commission shall constitute a quorum at any meeting.
(f) Members of the Student Performance Measurement Advisory
Commission shall receive no 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.
(g) Whenever possible, the Student Performance Measurement
Advisory Commission shall utilize the services and expertise of
existing personnel and staff of State government.
(h) The Department of Education may utilize undistributed
funds not expended, encumbered or committed from appropriations
for grants and subsidies made to the department, not to exceed
20150SB0355PN0262 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
three hundred thousand dollars ($300,000), to carry out the
provisions of this section.
(i) The Student Performance Measurement Advisory Commission
shall hold meetings at the call of the chairman. The Student
Performance Measurement Advisory Commission may also hold public
hearings on the matters considered by the commission at
locations throughout this Commonwealth. All meetings and public
hearings of the Student Performance Measurement Advisory
Commission shall be deemed public meetings for the purpose of 65
Pa.C.S. Ch. 7 (relating to open meetings).
(j) The Student Performance Measurement Advisory Commission
shall have the following powers and duties:
(1) Review the following to determine strengths and
weaknesses in providing a fair and accurate assessment of
academic performance for students, schools, school districts and
educators:
(i) The Pennsylvania System of School Assessment.
(ii) The Pennsylvania Alternate System of Assessment.
(iii) The Keystone Exams.
(iv) The Pennsylvania Accountability System, including the
Pennsylvania Performance Index.
(v) Pennsylvania Value-added Assessment System.
(2) Evaluate and make findings and recommendations for the
following to further improve the measures of performance in this
Commonwealth to more fairly and accurately measure the academic
performance of students, schools, school districts and
educators:
(i) The replacement of the Pennsylvania System of School
Assessment and the Pennsylvania Alternate System of Assessment.
(ii) The replacement or revision of the Pennsylvania
20150SB0355PN0262 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Accountability System and the Pennsylvania Value-added
Assessment System.
(3) Consult with and utilize experts to assist in carrying
out the duties under this section.
(4) Develop the recommendations made under paragraph (2)
according to the following:
(i) Under the recommendations made under paragraph (2)(i),
evaluate and consider whether to incorporate the Keystone Exams,
and if incorporated, such degree of incorporation.
(ii) Evaluate and incorporate the following in the
recommendations made under paragraph (2)(ii):
(A) Improvements in the design and use of replacement
assessments and the use of the assessment results to better
reflect actual student, school, school district and educator
performance.
(B) Utilization of multiple measures of student performance
that can be used to guide and inform educational practice and
for accountability purposes to include, but not be limited to,
the following:
(I) Student achievement.
(II) Gains in student achievement.
(III) Reductions in the student achievement gap.
(IV) School attendance rates.
(V) Graduation rates.
(C) At least five (5) classifications of academic
performance to recognize a range of academic performance from a
high level through a continuous range to a low level to provide
improved targeting of rewards for high-performing schools and
school districts and assistance for low-performing schools and
school districts.
20150SB0355PN0262 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(D) Incentives for schools to assist students to improve
their performance.
(iii) Design the recommendations made under paragraph (2) to
provide differentiated systems of support to the lowest-
performing schools and school districts including professional
development that is targeted to the deficits of each school and
school district.
(iv) Provide for reasonable and realistic implementation
goals that ensure that the Commonwealth, the school districts
and schools have the capacity to fully implement the
accountability system and act on the results.
(v) Design the recommendations made under paragraph (2) to
incorporate the application of the replacement assessment
systems to each public school, charter school, regional charter
school, cyber charter school, area vocational-technical school
and nonpublic school in this Commonwealth to provide for the
assessment of every student in the tested grades.
(vi) (A) Except as provided in clause (B), align the
recommendations with the requirements of the No Child Left
Behind Act of 2001 or its successor statute.
(B) (I) Make recommendations under paragraph (2) that vary
from the requirements of the No Child Left Behind Act of 2001,
or its successor statute, only where necessary to comply with
this section.
(II) Where the recommendations made under paragraph (2) vary
from the requirements of the No Child Left Behind Act of 2001,
make additional recommendations for the submission of the
incompatible recommendations as a request to the United States
Department of Education for a waiver under the Elementary and
Secondary Education Act of 1965 (Public Law 89-10, 20 U.S.C. ยง
20150SB0355PN0262 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
6301 et seq.) from the applicable provisions of the No Child
Left Behind Act of 2001 or its successor statute.
(vii) Make additional recommendations for the submission of
recommendations made under paragraph (2) that are compatible
with the No Child Left Behind Act of 2001 or its successor
statute to the United States Department of Education for
approval of the recommended changes to this Commonwealth's
Consolidated State Application Accountability Workbook.
(k) (1) No later than three hundred sixty (360) days from
the effective date of this section, the Student Performance
Measurement Advisory Commission shall submit an interim report
to the Governor, the President pro tempore of the Senate, the
Minority Leader of the Senate, the chairman and the minority
chairman of the Education Committee of the Senate, the Speaker
of the House of Representatives, the Minority Leader of the
House of Representatives and the chairman and the minority
chairman of the Education Committee of the House of
Representatives.
(2) No later than seven hundred thirty (730) days from the
effective date of this section, the commission shall submit a
final report of its findings and recommendations to the
Governor, the President pro tempore of the Senate, the Minority
Leader of the Senate, the chairman and the minority chairman of
the Education Committee of the Senate, the Speaker of the House
of Representatives, the Minority Leader of the House of
Representatives and the chairman and the minority chairman of
the Education Committee of the House of Representatives.
(l) This section shall expire seven hundred sixty (760) days
from the effective date of this section.
Section 2. This act shall take effect in 60 days.
20150SB0355PN0262 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30