PRINTER'S NO. 1621

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1095

Session of

2018

INTRODUCED BY McGARRIGLE, KILLION, TOMLINSON, WHITE, VOGEL,

SCAVELLO, MENSCH, BAKER, AUMENT, BREWSTER, BARTOLOTTA AND

BOSCOLA, APRIL 6, 2018

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, amended June

21, 2017 (P.L.200, No.6) and November 6, 2017 (P.L.1142, No.55),

is amended to read:

Section 121. Keystone Exams.--(a) The Department of

Education shall develop and implement Keystone Exams in algebra

year in which a demonstration of proficiency on a Keystone Exam

is required for high school graduation, a student who attains an

established composite score on the algebra I, biology and

literature Keystone Exams shall be deemed proficient if the

student achieves a basic or above performance level on each of

the three Keystone Exams. No later than September 30, 2019, the

secretary shall establish the satisfactory composite score a

student must attain in order to meet the requirements of this

section and submit the proposed composite score to the State

Board of Education for approval. The State Board of Education

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 2019-2020

school year.

(2) The Department of Education shall investigate and

develop alternatives in addition to the use of the Keystone

Exams as a requirement for graduation and shall, within six (6)

months of the effective date of this paragraph, issue a report

of the Department of Education's findings and recommendations,

including proposed legislation, to the chairman and minority

of Education shall accomplish all of the following:

(i) Implement alternative methods for students to

demonstrate proficiency for graduation in addition to the

Keystone Exams, the project-based assessments and other

alternative assessments provided for in 22 Pa. Code § 4.24.

(ii) Improve and expedite the evaluation of project-based

assessments.

(iii) Ensure that no student is prohibited from

participation in vocational-technical education or elective

courses or programs as a result of supplemental instruction

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, the following shall apply:

(1) A student who does not demonstrate proficiency on a

Keystone Exam or on a locally validated assessment under 22 Pa.

Code § 4.24 may be offered supplemental instruction by the

student's public school entity. The supplemental instruction

must be consistent with the student's educational program and

assist the student to attain proficiency in the State academic

standards. In no case may a public school entity require a

under subsection (a.1) shall consult with a public school

entity's designated administrator of the portfolios under

subsection (c.1)(2)(v) to determine the student's options for

graduating from high school. The student and designated

administrator shall consider all pathways to graduation,

including the option of participating in supplemental

instruction and retaking a Keystone Exam. A student's proximity

to proficiency on the Keystone Exams shall be considered as part

of this consultation.

(3) A public school entity that offers supplemental

of Education and approved by the United States Department of

Education to comply with section 1111 of the Elementary and

Secondary Education Act of 1965 (Public Law 89-10, 20 U.S.C. §

6311), as amended by the Every Student Succeeds Act (Public Law

114-95, 129 Stat. 1802), or a successor Federal statute.

(4) An offer of supplemental instruction to a student

enrolled in an area vocational-technical school or in a career

and technical education program offered by a school district,

charter school, cyber charter school or regional charter school

may not intrude into instructional time for career and technical

education program as well as demonstrate a high likelihood of

success on an approved industry-based competency assessment.

(5) No public 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) 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

ecology course shall satisfy the requirements for the academic

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

end of the first semester of twelfth grade.

(c.1) 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 student

shall be deemed proficient if the student completes both of the

following:

(1) Locally established grade-based requirements in the

associated academic content areas of the Keystone Exams. For the

purposes of this paragraph, completion of grade-based

associated Keystone Exam content area at a score established by

the secretary to be comparable to the proficient level on the

appropriate Keystone Exam;

(ii) completion of the Armed Services Vocational Aptitude

Battery Test at a performance level that would qualify the

student for military enlistment;

(iii) receipt of a certification that the student will begin

work in a registered apprenticeship program following high

school graduation;

(iv) attainment of a career readiness certificate through

under 22 Pa. Code Ch. 339 (relating to vocational education) or

required by any State plan developed by the Department of

Education and approved by the United States Department of

Education to comply with section 1111 of the Elementary and

Secondary Education Act of 1965 (Public Law 89-10, 20 U.S.C. §

6311), as amended by the Every Student Succeeds Act (Public Law

114-95, 129 Stat. 1802) or its successor Federal statute, and

must relate to the student's career or postsecondary education

plans reflected in the portfolio. The rigorous and compelling

pieces of evidence may include, but shall not be limited to, the

established by the secretary.

(C) Evidence of admission to an accredited nonprofit

institution of higher education.

(D) A guaranteed full-time employment letter.

(E) Attainment of an industry-recognized credential, as

approved by the Department of Education and identified in the

industry credential resource book compiled by the department's

bureau of Career and Technical Education.

(F) A certificate of successful completion of an internship,

externship or cooperative education program.

athletes with a minimum GPA of 2.0 or the equivalent on an

alternative grading scale.

(c.2) A student, in consultation with a public school

entity's designated administrator of the portfolios under

subsection (c.1)(2)(v), shall develop the student's portfolio

under subsection (c.1) throughout the student's educational

career and in accordance with guidance provided by the

Department of Education.

(c.3) A public school entity shall establish policies and

procedures for the development of the portfolios under

of the following:

(1) A community college operating under Article XIX-A.

(2) A university within the State System of Higher

Education.

(3) The Pennsylvania State University.

(4) The University of Pittsburgh.

(5) Temple University.

(6) Lincoln University.

(7) Any other institution that is designated as State-

related by the Commonwealth.

"Advanced Placement Program." As defined in section 2001-C.

"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.

"Armed Services Vocational Aptitude Battery Test." The

aptitude test developed and maintained by the United States

Department of Defense.

"Cooperative education program." A program of instruction

whereby students alternate or coordinate their high school

education).

"Designated administrator." Any person assigned by a public

school entity to oversee the development of student portfolios

under 22 Pa. Code Ch. 339 (relating to vocational education) or

required by any State plan developed by the Department of

Education and approved by the United States Department of

Education to comply with section 1111 of the Elementary and

Secondary Education Act of 1965 (Public Law 89-10, 20 U.S.C. §

6311), as amended by the Every Student Succeeds Act (Public Law

114-95, 129 Stat. 1802) or its successor Federal statute, who is