Regular Session 2015-2016 Senate Bill 0838 P.N. 0933

PRINTER'S NO. 933

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

838

Session of

2015

INTRODUCED BY DINNIMAN, TARTAGLIONE, FONTANA, ALLOWAY,

VULAKOVICH, YUDICHAK, SCHWANK, BLAKE, BOSCOLA, BREWSTER,

BROOKS, FARNESE, HAYWOOD, LEACH, TOMLINSON, WILEY,

McGARRIGLE, GREENLEAF, RAFFERTY, KITCHEN, FOLMER, COSTA,

SMITH, HUGHES, WARD AND TEPLITZ, MAY 14, 2015

REFERRED TO EDUCATION, MAY 14, 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, further

providing for Keystone Exams.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 121 of the act of March 10, 1949 (P.L.30,

No.14), known as the Public School Code of 1949, added June 30,

2012 (P.L.684, No.82), is amended to read:

Section 121. Keystone Exams.--(a) Subject to annual

appropriation, not later than the 2020-2021 school year, the

Department of Education shall develop and implement Keystone

Exams in the following subjects: algebra I, literature, biology,

English composition, algebra II, geometry, United States

history, chemistry, civics and government and world history. The

State Board of Education shall promulgate 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) 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, a moratorium on the use of the Keystone Exam as a

graduation requirement or as a benchmark for the need for

participation in a project-based assessment to satisfy the

requirement is established on the effective date of this

subsection for the General Assembly to have the opportunity to:

(1) review the progress of the Basic Education Funding

Commission with developing a basic education funding formula;

(2) review any funding formula that is based on the

recommendations of the Basic Education Funding Commission; and

(3) enact a funding formula that is based on the

recommendations of the Basic Education Funding Commission.

through the funding formula under subsection (b) based on the

recommendation of the Basic Education Funding Commission, the

Legislative Budget and Finance Committee shall conduct a study

each year after the budget for the fiscal year of July 1 to June

30 is enacted to determine whether the funding provided for each

student under the funding formula is adequate to meet the

department's and the State Board of Education's established

minimum level of student performance on a Keystone Exam as a

graduation requirement or as a benchmark for the need for

participation in a project-based assessment to satisfy the

requirement.

(2) The Legislative Budget and Finance Committee shall

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submit a report of its findings and recommendations to the

General Assembly, the Governor and the department within six (6)

months after the enactment of the budget.

(d) (1) The General Assembly shall review the report to

make a determination by concurrent resolution on the adequacy of

funding within six (6) months after the receipt of the report

and shall submit its findings to the Governor and the

department.

(2) In the event the General Assembly finds, in a concurrent

resolution, that the funds disbursed for education are adequate

for each student to meet the minimum level of performance

established, then the Education Committee of the Senate and the

Education Committee of the House of Representatives shall each

conduct independent meetings, hearings and review of the report

the department submitted pursuant to subsection (f)(2), as well

as the methodology of the Keystone Exam and project-based

assessments and any other methodology or approaches to

assessments that have evolved as deemed necessary to determine

strengths and weaknesses in providing a fair and accurate

assessment of academic performance for students, schools, school

districts and educators.

(e) The Education Committee of the Senate and the Education

Committee of the House of Representatives shall each prepare a

report of all findings and recommendations of the use of the

assessments that have evolved and submit reports to the

Governor, the President pro tempore of the Senate, the Majority

Leader of the Senate, the Minority Leader of the Senate, the

chairman and minority chairman of the Appropriations Committee

of the Senate, the Speaker of the House of Representatives, the

Majority Leader of the House of Representatives, the Minority

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Leader of the House of Representatives and the chairman and

minority chairman of the Appropriations Committee of the House

of Representatives within two (2) years.

(f) (1) The department is responsible for continually

reviewing and ascertaining approaches for accountability and the

different methodologies of measuring accountability so that the

department is prepared to make recommendations and report on the

different methodologies in existence at the time it is

determined that the funding is adequate for each student to

satisfy the graduation requirement.

(2) The department shall prepare a report of its findings

and recommendations on accountability and methodologies and

submit the report to the Governor, the President pro tempore of

the Senate, the Majority Leader of the Senate, the Minority

Leader of the Senate, the chairman and minority chairman of the

Appropriations Committee of the Senate and the chairman and

minority chairman of the Education Committee of the Senate, the

Speaker of the House of Representatives, the Majority Leader of

the House of Representatives, the Minority Leader of the House

of Representatives, the chairman and minority chairman of the

Appropriations Committee of the House of Representatives and the

chairman and minority chairman of the Education Committee of the

House of Representatives within sixty (60) days of the findings

of the General Assembly in subsection (d)(1) that the funds

disbursed for education are adequate for each student to meet

the minimum level of performance established.

(g) For purposes of this section, "department" shall mean

the Department of Education of the Commonwealth.

(h) The moratorium established in subsection (b) shall

expire one (1) year after the reports by the Education Committee

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of the Senate and the Education Committee of the House of

Representatives are submitted pursuant to subsection (e).

Section 2. This act shall take effect in 60 days.

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