Regular Session 2017-2018 House Bill 0085 P.N. 3625

PRIOR PRINTER'S NO. 3577

PRINTER'S NO. 3625

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

Session of

2018

INTRODUCED BY LAWRENCE, BARRAR, BERNSTINE, CHARLTON, DIAMOND,

ENGLISH, KEEFER, METCALFE, O'NEILL, ROE, TALLMAN, THOMAS,

WARD, ZIMMERMAN, TOOHIL AND SANKEY, MAY 24, 2018

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

JUNE 6, 2018

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 exemption from Keystone Exams ASSESSMENT.

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 121.1. Exemption from Keystone Exams ASSESSMENT .--

(a) Within one hundred eighty (180) days of the effective date

of this section, each governing authority of a school entity

shall meet and determine if the school entity shall WHETHER TO

ADOPT A POLICY TO excuse a student from Keystone Exam testing

ASSESSMENT if the student's parent or guardian submits an

objection based on philosophical grounds in writing to school

officials.

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(b) If a governing authority of a school entity fails to

meet or make a determination as prescribed under subsection (a),

the school entity shall excuse a student from Keystone Exam

testing ASSESSMENT if the student's parent or guardian submits

an objection based on philosophical grounds in writing to school

officials.

from Keystone Exam testing ASSESSMENT based on philosophical

grounds under subsection (a), or if the school entity fails to

meet or make a determination within the prescribed one hundred

eighty (180) days and the default applies under subsection (b),

the following shall apply:

(1) A student shall not be given negative consequences,

including , BUT NOT LIMITED TO, the denial of a high school

diploma, based solely on the student's parent or guardian

utilizing the provisions under subsection (a) or (b).

(2) A school entity, including , BUT NOT LIMITED TO, the

administration, chief school officer, temporary professional

employes and , professional employes AND OTHER SCHOOL EMPLOYES,

may not:

(i) solicit a student or student's parent or guardian to

utilize the provisions under subsection (a) or (b); or

(ii) be penalized for a student's parent or guardian

utilizing the provisions under subsection (a) or (b).

(3) NOTHING IN THIS SECTION SHALL PROHIBIT A SCHOOL ENTITY,

INCLUDING, BUT NOT LIMITED TO, THE ADMINISTRATION, CHIEF SCHOOL

OFFICER, TEMPORARY PROFESSIONAL EMPLOYES, PROFESSIONAL EMPLOYES

AND OTHER SCHOOL EMPLOYES, FROM COMMUNICATING WITH STUDENTS,

PARENTS OR GUARDIANS REGARDING THE UTILIZATION OF THE PROVISIONS

UNDER SUBSECTION (A) OR (B) WHICH ARE NOT INTENDED TO SOLICIT

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SUCH UTILIZATION.

(d) As used in this section, the following words and phrases

shall have the meanings given to them in the subsection unless

the context clearly indicates otherwise:

"ASSESSMENT." ANY OF THE FOLLOWING:

(1) THE PENNSYLVANIA SYSTEM OF SCHOOL ASSESSMENT TEST.

(2) THE KEYSTONE EXAM.

(3) A TEST ESTABLISHED BY STATUTE OR ESTABLISHED OR APPROVED

BY THE STATE BOARD OF EDUCATION TO COMPLY WITH:

(I) SECTION 2603-B;

(II) SECTION 2604-B;

(III) 22 PA. CODE § 4.51 (RELATING TO STATE ASSESSMENT

SYSTEM); OR

(IV) THE EVERY STUDENT SUCCEEDS ACT (PUBLIC LAW 114-95, 129

STAT. 1802).

"Governing authority." A local board of school directors, or

the equivalent, of a school entity.

"School entity." A school district, intermediate unit, joint

school, area vocational-technical school, charter school,

regional charter school or cyber charter school.

Section 2. This act shall take effect immediately.

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