S1095B1894A09374 SFL:JSL 09/24/18 #90 A09374
AMENDMENTS TO SENATE BILL NO. 1095
Sponsor: REPRESENTATIVE TOBASH
Printer's No. 1894
Amend Bill, page 1, lines 9 through 19; pages 2 through 12,
lines 1 through 30; page 13, lines 1 through 3; by striking out
all of said lines on said pages and inserting
Section 1. Section 121 heading, (a), (b)(1), (c) and (d) of
the act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949, amended or added June 21, 2017 (P.L.200,
No.6) and June 22, 2018 (P.L.241, No.39), are amended and the
section is amended by adding subsections to read:
Section 121. Keystone Exams and Graduation Requirements.--
(a) The [Department of Education] department shall develop and
implement Keystone Exams in algebra I, literature and biology.
The State Board of Education shall promulgate or revise
regulations, subject to the act of June 25, 1982 (P.L.633,
No.181), known as the "Regulatory Review Act," necessary to
implement this section.
(b) The following shall apply:
(1) Notwithstanding section 2604-B(b)(2)(v), 22 Pa. Code §
4.24 (relating to high school graduation requirements), 4.51
(relating to State assessment system) or 4.51c (relating to
project-based assessment) or any statute or regulation to the
contrary, the use of the Keystone Exams as a graduation
requirement or as a benchmark for the need for participation in
a project-based assessment shall be delayed until the [2020-
2021] 2021-2022 school year.
* * *
(c) Notwithstanding section 2604-B(b)(2)(v), 22 Pa. Code §
4.24 or 4.51 or any statute or regulation to the contrary, in
any school year in which a demonstration of proficiency on a
Keystone Exam is required for high school graduation, a CTE
Concentrator shall be deemed proficient provided that the CTE
Concentrator shall meet all of the following requirements:
(1) completes locally established grade-based requirements
for academic content areas associated with each Keystone Exam on
which the CTE Concentrator did not achieve proficiency. For the
purposes of this paragraph, completion of grade-based
requirements in any science and technology and environment and
ecology course shall satisfy the requirements for the academic
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content area associated with the Keystone Exam in biology; and
(2) completes one of the following:
(i) attains an industry-based competency certification
related to the CTE Concentrator's program of study; or
(ii) demonstrates a high likelihood of success on an
approved industry-based competency assessment or readiness for
continued meaningful engagement in the CTE Concentrator's
program of study as demonstrated by performance on benchmark
assessments, course grades and other factors consistent with the
CTE Concentrator's goals and career plan[.] and determined for
the CTE Concentrator by a chief school administrator in
consultation with an area vocational-technical school director
or principal of a comprehensive high school. The determination
shall be made no later than the end of eleventh grade, or, for a
student enrolled in a one-year program, the end of the first
semester of twelfth grade.
(c.1) Notwithstanding section 2604-B(b)(2)(v), 22 Pa. Code §
4.24, 4.51 or 4.51c or any statute or regulation to the
contrary, in any school year in which a demonstration of
proficiency on a Keystone Exam is required for high school
graduation, a student shall be deemed proficient if the student
demonstrates one of the following:
(1) Attainment of a satisfactory composite score under
subsection (c.2) on the Keystone Exams in algebra I, literature
and biology.
(2) Successful completion of locally established, grade-
based requirements for academic content areas associated with
each Keystone Exam on which the student did not achieve at least
a proficient score and demonstration of one of the following:
(i) Attainment of an established score on an approved
alternative assessment.
(ii) Attainment of at least the Gold Level on the ACT
WorkKeys assessment.
(iii) Attainment of an established score on an Advanced
Placement Program exam in an academic content area associated
with each Keystone Exam on which the student did not achieve at
least a proficient score.
(iv) Attainment of an established score on an International
Baccalaureate Diploma Program exam in an academic content area
associated with each Keystone Exam on which the student did not
achieve at least a proficient score.
(v) Successful completion of a concurrent enrollment course
in an academic content area associated with each Keystone Exam
on which the student did not achieve at least a proficient
score.
(vi) Successful completion of a preapprenticeship program.
(vii) Acceptance to an accredited four-year nonprofit
institution of higher education and evidence of the ability to
enroll in college-level, credit-bearing coursework.
(3) Successful completion of locally established, grade-
based requirements for academic content areas associated with
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each Keystone Exam on which the student did not achieve at least
a proficient score and demonstration of three pieces of evidence
that reflect readiness for meaningful postsecondary engagement
consistent with the student's goals and career plan, which shall
include:
(i) One of the following:
(A) Attainment of an established score on the ACT WorkKeys
assessment.
(B) Attainment of an established score on an SAT Subject
Test.
(C) Acceptance to an accredited nonprofit institution of
higher education other than an accredited four-year nonprofit
institution of higher education and evidence of the ability to
enroll in college-level, credit-bearing course work.
(D) Attainment of an industry-recognized credential, as
identified in the industry credential resource book or in the
industry-based learning guidelines compiled by the department.
(E) Attainment of an established score on an Advanced
Placement Program exam.
(F) Attainment of an established score on an International
Baccalaureate Diploma Program exam.
(G) Successful completion of a concurrent enrollment course
or a postsecondary course.
(ii) Two additional pieces of evidence from a list
established by the secretary and approved by the State Board of
Education, which shall include, but not be limited to:
(A) Any additional items listed under subparagraph (i).
(B) Satisfactory completion of a service learning project
that received advance approval for use as a rigorous and
objective piece of evidence by a chief school administrator or
their designee. A service learning project shall include global,
national, State, local or in-school projects as defined by the
department.
(C) Attainment of a score of proficient or advanced on a
Keystone Exam.
(D) A letter guaranteeing full-time employment.
(E) A certificate of successful completion of an internship,
externship or cooperative education program.
(F) Satisfactory compliance with the National Collegiate
Athletic Association's core courses for college-bound student
athletes with a minimum GPA of 2.0 or the equivalent on an
alternative grading scale.
(4) For the purposes of this subsection, completion of
grade-based requirements in any science and technology and
environment and ecology course shall satisfy the requirements
for the academic content area associated with the Keystone Exam
in biology.
(c.2) (1) No later than July 30, 2019, the secretary shall
recommend, and the State Board of Education shall approve, the
satisfactory composite score a student must attain in order to
meet the requirements of this section. The satisfactory
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composite score established under this paragraph shall:
(i) Require a student to achieve at least a proficient score
on at least one of the three Keystone Exams and no less than a
basic score on the two remaining Keystone Exams.
(ii) Be calculated based upon the most recent Keystone Exam
results available to the secretary.
(iii) Every five years, the State Board of Education shall
review the operation of the satisfactory composite score
established under paragraph (1) and shall issue a report of its
findings to the chairperson and minority chairperson of the
Education Committee of the Senate and the chairperson and
minority chairperson of the Education Committee of the House of
Representatives.
(2) The satisfactory composite score established under
paragraph (1) shall remain in effect unless the score is changed
by an act of the General Assembly.
(3) The department shall transmit notice to the Legislative
Reference Bureau to publish the satisfactory composite score
established under paragraph (1) in the Pennsylvania Bulletin and
shall publish the satisfactory composite score on the
department's publicly accessible Internet website.
(c.3) A chief school administrator may grant a waiver of the
requirements for demonstrations of proficiency on the Keystone
Exams or the requirements of subsection (c) or (c.1) for a
student in grade twelve or to accommodate a student who
experiences extenuating circumstances. The following shall
apply:
(1) If the waivers granted by a chief school administrator
exceed five percent (5%) of students in the graduating class in
any school year, the department shall require the school entity
to submit an improvement plan for the department's approval.
(2) If the waivers granted by a chief school administrator
exceed five percent (5%) of students in the graduating class in
two (2) consecutive school years, the following shall occur:
(i) The department shall conduct an audit of the school
entity to assess the following:
(A) The alignment of the coursework offered by the school
entity with the State academic standards assessed by each
Keystone Exam.
(B) The school entity's implementation of subsections (c)
and (c.1).
(C) The chief school administrator's granting of waivers
under this subsection.
(ii) The department shall provide the school entity with
technical assistance.
(iii) The school entity shall develop, submit to the
department for approval and implement a three-year improvement
plan in order to address issues as determined by the audit
findings.
(3) When the waivers granted by a chief school administrator
exceed five percent (5%) of students in the graduating class in
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any school year, the department shall review the waivers
granted. If the department determines that the five percent (5%)
threshold was exceeded because waivers were granted to students
who experienced extenuating circumstances, paragraphs (1) and
(2) shall not apply.
(4) Each student granted a waiver under this subsection
shall complete locally established, grade-based requirements for
academic content areas associated with each Keystone Exam.
(5) As used in this subsection, the term "extenuating
circumstances" shall include serious illness, death in the
student's immediate family, family emergency, frequent school
transfers or transfer from an out-of-State school in grade
twelve or another emergency as determined by the secretary and
approved by the State Board of Education.
(c.4) A school entity may offer supplemental instruction to
a student who does not demonstrate at least proficiency on a
Keystone Exam or on a locally validated assessment under 22 Pa.
Code § 4.24. The supplemental instruction:
(1) Shall be consistent with the student's educational
program.
(2) Shall assist the student to attain proficiency in the
State academic standards.
(3) Shall be designed as to ensure students who accept the
school entity's offer of supplemental instruction are able to
participate in both supplemental instruction and instruction
related to their career, military or postsecondary education
plans.
(4) Shall not intrude into instructional time for career and
technical education and may not occur during a student's
dedicated time in a career and technical education program in
order to provide the student time to gain competence in the
student's concentration area within a career and technical
education program as well as demonstrate a high likelihood of
success on an approved industry-based competency assessment.
(5) Shall not require the participation of any student.
(c.5) No school entity may be required to offer, nor may any
student be required to participate in or complete, a project-
based assessment as provided for in 22 Pa. Code § 4.51c.
(c.6) A student with a disability who satisfactorily
completes a special education program developed by an
individualized education program team under the Individuals with
Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1400
et seq.) and 22 Pa. Code Ch. 14 (relating to special education
services and programs) that does not otherwise meet the
requirements of this section shall be granted and issued a
regular high school diploma by the student's school entity.
(c.7) A student who achieves a score of proficient or
advanced on a Keystone Exam shall only be permitted to retake
the exam if the student or parent submits a request in writing
to the school entity.
(c.8) When a student transfers from an out-of-State school
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to a school entity in this Commonwealth, the student's school
entity shall determine whether the student's performance on out-
of-State coursework and assessments that are aligned with the
State academic standards assessed by each Keystone Exam satisfy
the requirements of this section.
(c.9) The performance level demonstrated in each of the
State academic standards, including the highest performance
level demonstrated by a student on the associated Keystone Exam,
may be included on a student's transcript as determined by each
school entity.
(c.10) No later than the beginning of the 2020-2021 school
year, each school entity shall ensure students, parents and
guardians are notified of the school entity's high school
graduation requirements, including requirements established in
law and regulations and any additional requirements established
by the school entity, and shall publish its high school
graduation requirements on its publicly accessible Internet
website.
(c.11) No later than December 1, 2022, and each December 1
thereafter, each school entity shall submit a report to the
department which shall be posted by January 15 of each year on
the department's publicly accessible Internet website. The
report shall contain, at a minimum, the following:
(1) Name of the school entity.
(2) County in which the school entity is located.
(3) Total number of students in grade twelve in the previous
school year.
(4) Total number of students who graduated in the previous
school year.
(5) Total number of students who graduated by demonstrating
proficiency under each of the following:
(i) the achievement of the required score on all three (3)
Keystone Exams;
(ii) subsection (c) of this section;
(iii) subsection (c.1)(1) of this section;
(iv) subsection (c.1)(2) of this section; and
(v) subsection (c.1)(3) of this section.
(6) Number of students that the chief school administrator
granted a waiver under subsection (c.3).
(7) For students graduating under subsection (c.1)(2), the
number of students utilizing each item under subsection (c.1)(2)
(i).
(8) For students graduating under subsection (c.1)(3), the
number of students and description of the type of evidence used
to demonstrate proficiency.
(c.12) The secretary shall issue guidelines within ninety
(90) days of the effective date of this section for
implementation of this section.
(d) 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:
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"Accredited four-year nonprofit institution of higher
education." Any of the following:
(1) A university within the State System of Higher Education
under Article XX-A.
(2) A State-related institution as defined in section 1502-
A.
(3) Any accredited nonprofit public, private or independent
college or university that confers four-year baccalaureate
degrees.
"Accredited nonprofit institution of higher education." Any
of the following:
(1) A community college operating under Article XIX-A.
(2) An accredited four-year nonprofit institution of higher
education.
(3) Any accredited nonprofit public, private or independent
college or university.
(4) The Thaddeus Stevens College of Technology.
"ACT." A standardized test for the assessment of college
readiness administered by ACT.
"ACT WorkKeys assessment." An assessment of workplace skills
administered by ACT.
"Advanced Placement Program." A program authorized by the
college board that allows a student to study college-level
subjects while enrolled in high school and to receive advanced
placement and college credit for earning a qualified score on
the course-related Advanced Placement exam.
"Approved alternative assessment." An SAT, PSAT, ACT or
Armed Services Vocational Aptitude Battery test.
"Approved industry-based competency assessment." A NOCTI
exam, NIMS assessment or other industry-based competency
assessment identified by the Secretary of Education and approved
by the State Board of Education or identified by an act of the
General Assembly.
"Armed Services Vocational Aptitude Battery Test." The
aptitude test developed and maintained by the United States
Department of Defense.
"Chief school administrator." The superintendent of a school
district, executive director of an intermediate unit,
administrative director of an area vocational-technical school
or chief executive officer of a charter school, cyber charter
school, regional charter school or multiple charter school
organization.
"Concurrent enrollment course." A course in which a
secondary student is enrolled and, upon successful completion of
which both high school and postsecondary credit are earned.
"Cooperative education program." A program of instruction
whereby students alternate or coordinate their high school
studies with a job in a field related to their academic or
career objectives.
"CTE Concentrator." A student who, by the end of a reporting
year, will be reported as successfully completing at least fifty
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percent (50%) of the minimum technical instructional hours
required under 22 Pa. Code Ch. 339 (relating to vocational
education).
"Department." The Department of Education of the
Commonwealth.
"Established score." A score recommended by the secretary
and approved by the State Board of Education.
"GPA." Grade point average.
"International Baccalaureate Diploma Program." An
academically challenging two-year precollege diploma program
comprised of three core requirements and six academic subject
areas with final examinations that prepare students sixteen (16)
to nineteen (19) years of age for higher education and life in a
global society.
"NIMS assessment." An assessment based on the National
Institute for Metalworking Skills standards.
"NOCTI exam." A National Occupational Competency Testing
Institute exam.
"Postsecondary course." A course in which a secondary
student is enrolled and, upon successful completion,
postsecondary credit is earned.
"Preapprenticeship program." An apprenticeship program
registered with the Pennsylvania Apprenticeship and Training
Council.
"SAT." A standardized test for the assessment of college
readiness administered by the College Board.
"SAT Subject Test." A standardized test for the assessment
of a specific content area administered by the College Board.
"School entity." A school district, intermediate unit, area
vocational-technical school, charter school, cyber charter
school, regional charter school or multiple charter school
organization.
"Secretary." The Secretary of Education of the Commonwealth.
Section 2. This act shall take effect immediately.
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