Regular Session 2017-2018 Senate Bill 1145 P.N. 1695

PRINTER'S NO. 1695

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1145

Session of

2018

INTRODUCED BY EICHELBERGER, DINNIMAN, GORDNER, SABATINA,

FARNESE, BLAKE, KILLION, VULAKOVICH, RAFFERTY, LEACH, WARD,

REGAN AND FOLMER, APRIL 24, 2018

REFERRED TO EDUCATION, APRIL 24, 2018

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, amended June

21, 2017 (P.L.200, No.6), is amended to read:

Section 121. Keystone Exams and Graduation Requirements.--

(a) The Department of Education 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 2019-2020

school year. ((1) amended Nov. 6, 2017, P.L.1142, No.55)

(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

chairman of the Education Committee of the Senate and the

chairman and minority chairman of the Education Committee of the

House of Representatives. The report shall, at a minimum,

contain a detailed plan and timeline within which the Department

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

required in 22 Pa. Code §§ 4.24(k) and 4.51b(f) (relating to

Keystone Exams).]

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(b.1) Each local school district shall have requirements for

high school graduation which include locally established course

completion and grade-based requirements for academic content

areas and a demonstration of proficiency in State academic

standards, which shall be in addition to the graduation

requirement alternatives contained in this section. All students

shall be provided the alternatives to demonstrate readiness for

graduation which are contained in this section.

4.24 (relating to high school graduation requirements) or 4.51

(relating to State assessment system) 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

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

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assessments, course grades and other factors consistent with the

CTE Concentrator's goals and career plan[.];

(iii) attains an industry-recognized credential, as approved

by the Pennsylvania Department of Education and identified in

the industry credential resource book compiled by the

department's Bureau of Career and Technical Education; or

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

work in a registered apprenticeship program following high

school graduation.

(c.1) Beginning in school year 2018-2019, notwithstanding

any statute or regulation to the contrary, students shall be

provided the following alternatives to demonstrate readiness for

graduation:

(1) Compliance with subsection (c).

(2) As to any academic content area as to which a student

did not achieve proficiency on the Keystone Exam, or any

successor exam, a student shall be deemed proficient for

graduation purposes as to the content area if the student

completes one or more of the following:

(i) The earning of a passing grade in a dual-enrollment

course in a comparable content area.

(ii) The earning of a passing score on an advanced placement

assessment in a comparable content area.

(iii) The earning of a passing score on an international

baccalaureate assessment or course in a comparable content area.

(3) If a student attains one or more of the following, the

student shall be deemed proficient for graduation purposes,

regardless of scores on the Keystone Exam or successor exam:

(i) A combined score above the fiftieth percentile on either

the SAT or ACT.

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(ii) Achievement of a minimum score on the Armed Services

Vocational Aptitude Battery test required for enlistment.

(iii) Proof of acceptance of admission or scholarship to an

accredited institution of higher education. The Pennsylvania

Department of Education shall maintain a list of approved

institutions.

(4) Attainment of an established composite score on the

Algebra I, Biology and Literature Keystone Exams. The Secretary

of Education shall propose the satisfactory composite score a

student must attain no later than September 30, 2019, and shall

submit the proposed composite score to the State Board of

Education for approval. The State Board of Education shall

approve a composite score no later than December 31, 2019. At a

minimum, the composite score shall require a student to achieve

a proficient score on at least one of the three content areas of

the Keystone Exam and no less than a basic score on the

remaining portions and shall be no less than one standard

deviation below the mean.

(c.2) Notwithstanding section 2604-B(b)(2)(v), 22 Pa. Code §

4.24 (relating to high school graduation requirements) or 4.51

(relating to State assessment system) or any statute or

regulation to the contrary, beginning with the 2018-2019 school

year, neither project-based assessments, as provided for in 22

Pa. Code § 4.51c (relating to project-based assessment), nor

supplemental instruction shall be required of any student for

high school graduation. Supplemental instruction may be provided

within the guidance of the Department of Education.

(c.3) A child with a disability who satisfactorily completes

a special education program developed by an individualized

education program team under the Individuals with Disabilities

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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) shall be granted and issued a regular high school

diploma by the school entity, if applicable. This subsection

shall apply if the special education program of a child with a

disability does not otherwise meet the requirements of this

section.

(c.4) The Secretary of Education, with approval of the State

Board of Education, may approve locally administered assessments

for graduation purposes in addition to the alternatives provided

under this section. Locally administered assessments shall be

independently and objectively validated once every six years.

Local assessments may be designed to include a variety of

assessment strategies for graduation purposes, including the use

of the GED, the HiSET® exam, attainment of a career-readiness

certificate through the ACT WorkKeys assessment, an internship,

externship or cooperative education program or one or more

portions of the Keystone Exam. Validated local assessments shall

contain performance-level expectations and descriptors that

describe a level of performance comparable to those required to

achieve proficiency on the Keystone Exams.

(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:

"Accredited institution of higher education." A public,

private or independent college or university which has received

accreditation from an entity recognized by the United States

Department of Education, the Pennsylvania Department of

Education or the Council for Higher Education Accreditation.

"ACT." The nationally recognized college admissions test to

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determine academic readiness for college.

"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." The multiple-

aptitude test, including the Armed Forces Qualification Test,

used by the United States military to determine vocational

aptitude and qualification for enlistment.

"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

percent (50%) of the minimum technical instructional hours

required under 22 Pa. Code Ch. 339 (relating to vocational

education).

"GED." The General Educational Development Test from the

American Council on Education.

"HiSET® exam." The high school equivalency exam offered by

the Educational Testing Service.

"NIMS assessment." An assessment based on the National

Institute for Metalworking Skills standards.

"NOCTI exam." A National Occupational Competency Testing

Institute exam.

"Scholastic Aptitude Test" or "SAT." The nationally

recognized college and career readiness assessment developed by

the college board.

"Successor exam." An assessment which replaces the Keystone

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Exam and is developed to comply with section 1111 of the

Elementary and Secondary Education Act of 1965 (Public Law 89-

10, 20 U.S.C. § 6301 et seq.), as amended by the Every Student

Succeeds Act (Public Law 114-95, 129 Stat. 1802), or its

successor Federal statute.

Section 2. This act shall take effect immediately.

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