1Expressing the sense of the Senate in regard to the regulatory
2review of the State Board of Education final-form regulation
3#006-326, amending 22 Pa. Code Chapter 4.

4WHEREAS, The amendment of the Chapter 4 regulations, as
5contained in the State Board of Education final-form regulation
6#006-326, amending 22 Pa. Code Ch. 4 (relating to academic
7standards and assessment), changes the utilization of the
8standardized Keystone Exams from calculating a percentage of a
9student's final grade for a course to a high-stakes requirement
10for the student's graduation where the student must pass certain
11Keystone Exams to graduate; and

12WHEREAS, The final-form regulations also require that
13supplemental instruction be offered to students who do not
14demonstrate proficiency on a Keystone Exam or a local assessment
15exam; and

16WHEREAS, Over the past seven months, the Department of
17Education has refused to release the scores of the recent

1administration of the current Keystone Exams, despite repeated
2requests from State legislators; and

3WHEREAS, Disclosure of nonidentifiable student scores for the
4current Keystone Exams would provide guidance to school
5districts on the total projected number of students who would
6require supplemental instruction to demonstrate proficiency on
7the Keystone Exams; and

8WHEREAS, The final-form regulation's continued requirement
9for supplemental instruction will result in significant
10additional costs for school districts to assist students in
11achieving proficiency in the State academic standards; and

12WHEREAS, The State Board of Education in its final-form
13regulation contends that the changes proposed in the regulations
14in regard to supplemental instruction and the administration of
15the Keystone Exams will not incur additional costs to school
16districts; and

17WHEREAS, Since school year 2010-2011, total classroom funding
18for public education in this Commonwealth has been slashed by
19more than $2.6 billion over the three preceding school years
20during the current administration, an average annual reduction
21of 10.66% over those school years; and

22WHEREAS, School districts in response to these annual
23reductions in total classroom funding have implemented drastic
24cost-cutting measures and other reductions in expenses,
25including reducing or discontinuing summer school and after-
26school tutoring, and in some instances furloughing instructional
27personnel; and

28WHEREAS, The financial constraints necessitated by the
29reductions in total classroom funding imposed during this
30administration significantly reduce the ability of school

1districts to provide necessary and mandatory supplemental
2instruction to students who may require such assistance; and

3WHEREAS, Students who do not receive the necessary
4supplemental instruction to enable those students to demonstrate
5proficiency on the Keystone Exams will not graduate unless they
6complete an alternative project-based assessment or if they
7cannot complete the project-based assessment, they are included
8under a graduation waiver granted by a chief school
9administrator; therefore be it

10RESOLVED, That for all of the above reasons, it is the sense
11of the Senate that the changes contained in the final-form
12regulation #006-326, as proposed by the State Board of Education
13regarding the use of Keystone Exams as a graduation requirement
14and the continued requirement for supplemental instruction are
15not in the public interest, especially for students and
16taxpayers in this Commonwealth; and be it further

17RESOLVED, That the Senate strongly urge the Independent
18Regulatory Review Commission to disapprove the State Board of
19Education final-form regulation #006-326, amending 22 Pa. Code
20Chapter 4.