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        PRIOR PRINTER'S NOS. 184, 2051                PRINTER'S NO. 2163

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 204 Session of 2001


        INTRODUCED BY STAIRS, COLAFELLA, ARMSTRONG, BASTIAN, FLEAGLE,
           HERMAN, NAILOR, SCHULER, T. STEVENSON, GRUCELA, BARD, BISHOP,
           BOYES, CALTAGIRONE, CLARK, M. COHEN, COY, DALEY, DeLUCA,
           EGOLF, FEESE, FRANKEL, FREEMAN, GEIST, HALUSKA, HARHAI,
           HENNESSEY, HESS, LAUGHLIN, MANDERINO, MARSICO, MELIO,
           R. MILLER, PIPPY, ROSS, RUBLEY, SATHER, SCHRODER, SCRIMENTI,
           SHANER, STABACK, SURRA, E. Z. TAYLOR, TULLI, WALKO, WANSACZ,
           ZUG, JOSEPHS, YUDICHAK, MUNDY, SEMMEL, McCALL, C. WILLIAMS,
           PRESTON, DeWEESE, HORSEY, SAYLOR, J. EVANS AND BROWNE,
           JANUARY 24, 2001

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JUNE 11, 2001

                                     AN ACT

     1  Establishing a system for collecting information from school
     2     districts and other school entities in a uniform manner;
     3     making the information accessible to the public; imposing
     4     duties and responsibilities on the Department of Education
     5     and various school entities; and establishing financial
     6     penalties for noncompliance.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9  Section 1.  Short title.
    10     This act shall be known and may be cited as the School
    11  Profiles Act.
    12  Section 2.  Definitions.
    13     The following words and phrases when used in this act shall
    14  have the meanings given to them in this section unless the
    15  context clearly indicates otherwise:


     1     "Administrative/supervisory personnel."  Personnel who direct
     2  and manage or assist with directing and managing the programs,
     3  operation and personnel of a school entity or particular school.
     4     "Classroom teacher."  An individual, including a career or
     5  technical teacher, who provides instruction to students.
     6     "Coordinated services personnel."  Personnel who provide
     7  guidance, health and psychological services and assistance to
     8  students, parents and other staff members or who perform
     9  specially designed services not provided by regular or special
    10  education instruction.
    11     "Department."  The Department of Education of the
    12  Commonwealth.
    13     "Dropout."  A student who, at any time during the previous
    14  school year, was between 12 years of age and 21 years of age and
    15  enrolled in grades 7 through 12, but who was not enrolled by
    16  September 30 of the current year, for any reason except death,
    17  suspension, excused illness, graduation or transfer to another
    18  school entity.
    19     "Dropout rate."  The percentage of secondary level students
    20  enrolled who drop out during a single school year.
    21     "Expulsion."  This term shall have the same meaning given to
    22  it in 22 Pa. Code § 12.6 (relating to expulsion from school).
    23     "Gifted student."  This term shall have the same meaning
    24  given to it in 22 Pa. Code, Chapter 16 (relating to special
    25  education for gifted students).
    26     "Habitual truant."  A student who has been absent without
    27  lawful excuse for more than three consecutive school days.
    28     "Kindergarten program."  A program offered to children who
    29  are below a school district's minimum entry age for beginners.
    30     "Librarian."  An individual with library science
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     1  certification who provides library services and teaches
     2  information literacy skills.
     3     "School."  A division of a school system which is comprised
     4  of one or more grade groups, organized as one unit usually under
     5  the direction of a principal or head teacher. The term includes
     6  an independent school established pursuant to section 1704-B(a)
     7  of the act of March 10, 1949 (P.L.30, No.14), known as the
     8  Public School Code of 1949.
     9     "School entity."  Any of the following:
    10         (1)  A school district as defined in section 102 of the
    11     act of March 10, 1949 (P.L.30, No.14), known as the Public
    12     School Code of 1949.
    13         (2)  An area vocational-technical school operated
    14     pursuant to Article XVIII of the Public School Code of 1949.
    15         (3)  A charter school as defined in section 1703-A of the
    16     Public School Code of 1949.
    17     "Secretary."  The Secretary of Education of the Commonwealth.
    18     "Special education student."  A student who receives special
    19  education in accordance with the Individuals with Disabilities
    20  Education Act (Public Law 91-230, 20 U.S.C. § 1400 et seq.) and
    21  22 Pa. Code, Chapter 14 (relating to special education services
    22  and programs).
    23     "Suspension."  This term shall have the same meaning given to
    24  it in 22 Pa. Code § 12.6(b)(1) (relating to exclusions from
    25  school).
    26  Section 3.  School profiles.
    27     Reports provided pursuant to this act shall form the basis of
    28  school, school-entity-wide and State profiles referenced in
    29  sections 5 and 6. These profiles shall replace the profiles
    30  previously developed by the secretary pursuant to 22 Pa. Code §
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     1  4.61 (relating to school profiles). These profiles shall be
     2  compiled from data reported by the school entities and shall not
     3  constitute an additional report by the school entities.
     4  Section 4.  Duties of school entities.
     5     (a)  General rule.--Each school entity shall submit to the
     6  department the information listed in section 5, in accordance
     7  with the established deadlines established specifically
     8  applicable to each informational item. Unless otherwise
     9  provided, the school entity shall submit information for each
    10  individual school within its jurisdiction.
    11     (b)  Time.--All of the information required to complete the
    12  school profile shall be submitted to the department no later
    13  than February 1 of each year. Nothing in this section shall be
    14  construed to alter any established deadline for the submission
    15  of any informational item listed in section 5.
    16     (c)  Penalty for failure to comply.--The penalties set forth
    17  in section 2552 of the act of March 10, 1949 (P.L.30, No.14),
    18  known as the Public School Code of 1949, shall apply to all
    19  school entities for purposes of this act.
    20  Section 5.  Required information.
    21     The information submitted by school entities shall include,
    22  but not be limited to, the following:
    23         (1)  Enrollment by grade level, including four-year and
    24     five-year old kindergarten by half-day and full-day, as of
    25     October 1.
    26         (2)  The number of schools comprising the school entity
    27     and the grade levels in each school.
    28         (3)  Percentage of low-income students, calculated in a
    29     manner prescribed by the department.
    30         (4)  The number of students receiving instruction in
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     1     English as a second language courses.
     2         (5)  By school entity, the number and percentage of
     3     students with disabilities enrolled in special education
     4     programs.
     5         (6)  By school entity, the number and percentage of
     6     students identified as gifted enrolled in gifted programs.
     7         (7)  Student attendance rates for the school year
     8     measured as the percentage for the school year of students
     9     present each day to the total enrollment each day.
    10         (8)  The number of students who entered or withdrew
    11     during the school year.
    12         (9)  The number of suspensions at the secondary level
    13     during the school year.
    14         (10)  The number of expulsions at the secondary level
    15     during the school year.
    16         (11)  Dropout rate by grade.
    17         (12)  The number of students retained grade-to-grade at
    18     the secondary level.
    19         (13)  The percentage of classes within each of the
    20     following categories:
    21             (i)  1 through 20 students.
    22             (ii)  21 through 23 students.
    23             (iii)  24 through 26 students.
    24             (iv)  27 through 29 students.
    25             (v)  30 or more students.
    26         (13.1)  THE PERCENTAGE OF ELEMENTARY SCHOOL CLASSES        <--
    27     WITHIN EACH OF THE FOLLOWING CATEGORIES:
    28             (I)  1 THROUGH 20 STUDENTS.
    29             (II)  21 THROUGH 23 STUDENTS.
    30             (III)  24 THROUGH 26 STUDENTS.
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     1             (IV)  27 THROUGH 29 STUDENTS.
     2             (V)  30 OR MORE STUDENTS.
     3         (13.2)  THE PERCENTAGE OF SECONDARY SCHOOL, MATH AND
     4     ENGLISH CLASSES WITHIN EACH OF THE FOLLOWING CATEGORIES:
     5             (I)  1 THROUGH 20 STUDENTS.
     6             (II)  21 THROUGH 23 STUDENTS.
     7             (III)  24 THROUGH 26 STUDENTS.
     8             (IV)  27 THROUGH 29 STUDENTS.
     9             (V)  30 OR MORE STUDENTS.
    10         (14)  (i)  The number of professional or certificated
    11         employees at each school and school entity and the number
    12         of noncertificated personnel in positions normally
    13         requiring certification.
    14             (ii)  Number of administrative/supervisory personnel.
    15             (iii)  The number of classroom teachers.
    16             (iv)  The number of librarians.
    17             (v)  The number of coordinate services personnel.
    18         (15)  Teacher absenteeism represented as the percentage
    19     of teacher contractual days that permanent contractual
    20     teachers were absent for personal reasons.
    21         (16)  Classroom teacher time devoted to professional
    22     development reported as the percentage of teacher contractual
    23     days that permanent contractual teachers devoted to
    24     professional development, including days enumerated under
    25     section 1504 of the act of March 10, 1949 (P.L.30, No.14),
    26     known as the Public School Code of 1949, in-service days and
    27     individual professional development days.
    28         (17)  Listing of professional development, class
    29     preparation and research opportunities provided for
    30     professional employees and noncertificated personnel in
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     1     positions normally requiring certification.
     2         (18)  Listing of academic and support programs,
     3     opportunities and initiatives offered or supported in the
     4     school entity as specified in technical guidelines issued by
     5     the department.
     6         (19)  By school entity, a listing of commercial
     7     standardized tests administered and the grades in which they
     8     are administered.
     9         (20)  Percentage of professional employees and
    10     noncertificated personnel in positions normally requiring
    11     certification possessing bachelor's, master's and doctoral
    12     degrees.
    13         (21)  Classroom teachers' average years of service in
    14     education.
    15         (22)  Librarians' average years of service in education.
    16         (23)  The number of classroom teachers serving under
    17     emergency permits.
    18         (24)  The number of instructional days in the school
    19     year.
    20         (25)  The number of contractual days in the school year
    21     for classroom teachers.
    22         (26)  The number of instructional hours in a school day.
    23         (27)  The total number of resident students attending
    24     charter schools.
    25         (28)  For the graduating senior class, the percentage of
    26     graduates planning to enter college or university, other
    27     postsecondary school, military service or employment.
    28         (29)  The number of students classified as habitual
    29     truants.
    30         (30)  Library resources, including:
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     1             (i)  The number of cataloged items in the library
     2         collection at the end of the school year.
     3             (ii)  The number of on-line reference and periodical
     4         data base titles the library makes available to its
     5         users.
     6             (iii)  The total circulation of library materials
     7         during the last school year.
     8         (31)  Technology resources, including:
     9             (i)  The total number of computers in the school.
    10             (ii)  The number of computers available for student
    11         use.
    12             (iii)  The number of computers with Internet access.
    13             (iv)  The number of computers available in teachers'
    14         workroom.
    15             (v)  The number of computers available in classrooms.
    16             (vi)  The number of computers available in computer
    17         lab.
    18             (vii)  The number of computers available in library
    19         or media center.
    20         (32)  Number of items of broadcast or cable television
    21     available in teachers' workroom, classrooms, computer lab and
    22     library or media center.
    23         (33)  Fiscal information as required by section 613 of
    24     the Public School Code of 1949, including, but not limited
    25     to, the following:
    26             (i)  Classroom instructional costs.
    27             (ii)  Instructional support costs.
    28             (iii)  Administrative support costs by school entity.
    29             (iv)  Subject matter or grade-level costs.
    30             (v)  Technology costs by school entity.
    20010H0204B2163                  - 8 -

     1             (vi)  Special education instructional and
     2         noninstructional costs by school entity.
     3             (vii)  Total outstanding long-term debt by school
     4         entity.
     5             (viii)  Revenues by source by school entity.
     6             (ix)  Total funds available by school entity.
     7             (x)  Professional development by school entity.
     8             (xi)  Transportation costs by school entity.
     9             (xii)  Facilities and plant operations.
    10             (xiii)  Extracurricular activities by school entity.
    11             (xiv)  Food service costs by school entity.
    12         (34)  The number of incidents reported pursuant to
    13     section 1303-A(b) of the Public School Code of 1949.
    14         (35)  The number of eleventh and twelfth grade students
    15     who took the College Entrance Examination Board Advanced
    16     Placement Test.
    17         (36)  The number of eleventh and twelfth grade students
    18     who scored above three on the College Entrance Examination
    19     Board Advanced Placement Test.
    20         (37)  The number of eleventh and twelfth grade students
    21     who took the Scholastic Aptitude Test, the American College
    22     Test or both.
    23         (38)  The number of eleventh and twelfth grade students
    24     who scored in the top quartile of the Scholastic Aptitude
    25     Test or American College Test and the number of those who
    26     scored in the bottom quartile.
    27         (39)  Average Scholastic Aptitude Test and American
    28     College Test scores for each school entity.
    29         (40)  Scaled scores of the Pennsylvania System of School
    30     Assessment or the local assessment system aligned with
    20010H0204B2163                  - 9 -

     1     academic standards, divided into all students at the school
     2     and school entity level.
     3         (41)  Pennsylvania System of School Assessment or the
     4     local assessment system aligned with academic standards, data
     5     disaggregated at the school level.
     6         (42)  Pertinent data from the National Occupational
     7     Competency Testing Institute's Job Ready Assessments and
     8     other department-approved tests given to students in
     9     department-approved career and technical programs.
    10         (43)  School entity-level data from the administration of
    11     Pennsylvania Alternate System of Assessment in accordance
    12     with department guidelines.
    13         (44)  Number of students enrolled in approved
    14     occupational career and technical programs.
    15         (45)  For the completers of approved occupational career
    16     and technical programs, the percentage of those who obtained
    17     employment, enrolled in a postsecondary institution or
    18     entered military service.
    19         (46)  Other information that may be required as directed
    20     by the secretary to comply with Federal or State statutes.
    21  Section 6.  Duties of department.
    22     (a)  Guidelines.--The department shall develop guidelines as
    23  necessary for the implementation of section 5 and provide
    24  technical assistance to school entities in reporting information
    25  required by section 4(a). The department shall compile data and
    26  report it by school entity pursuant to this act.
    27     (b)  Preliminary summaries.--
    28         (1)  The department shall prepare preliminary summaries
    29     for each school entity and its individual schools, based on
    30     the information obtained under this act.
    20010H0204B2163                 - 10 -

     1         (2)  In order to ensure accurate data, the department
     2     shall make the preliminary summaries available on-line for
     3     each school entity.
     4         (3)  Within 20 days of receipt of the on-line summaries,
     5     the school entity may request that the department make any
     6     material changes in any summary.
     7         (4)  If the district does not submit such request within
     8     20 days, the summaries shall be deemed accurate and become
     9     the school and school entity-wide profiles.
    10     (c)  State profile.--The department shall create a State
    11  profile based on the profiles created pursuant to subsection
    12  (b). The State profile shall provide information for
    13  socioeconomically similar schools.
    14     (d)  Publication of school, school entity-wide and State
    15  profiles.--No later than March 1 of each year, the department
    16  shall publish on its World Wide Web site the school, school
    17  entity-wide and State profiles established in accordance with
    18  subsections (b) and (c). Prior to the release of the profiles
    19  the department shall issue a press release informing the public
    20  of the availability of this information.
    21  Section 7.  Nonpublic school election to comply.
    22     Upon request to the department by the principal of a
    23  nonpublic school as defined in section 922.1 of the act of March
    24  10, 1949 (P.L.30, No.14), known as the Public School Code of
    25  1949, nonpublic schools may elect to comply with the provisions
    26  of this act.
    27  Section 8.  Effective date.
    28     This act shall take effect July 1, 2001, or immediately,
    29  whichever is later.

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