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PRINTER'S NO. 2322
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1730
Session of
2019
INTRODUCED BY GROVE, POLINCHOCK, RYAN, MILLARD, CALTAGIRONE AND
JOHNSON-HARRELL, JULY 24, 2019
REFERRED TO COMMITTEE ON EDUCATION, JULY 24, 2019
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 professional employees, further
providing for rating system; and providing for Student-
Centered Assessment Pilot Program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1123(b)(1)(ii)(A)(I), (c)(2)(A)(I) and
(o)(1) of the act of March 10, 1949 (P.L.30, No.14), known as
the Public School Code of 1949, are amended and subsection (o)
is amended by adding a clause to read:
Section 1123. Rating System.--* * *
(b) For professional employes and temporary professional
employes who serve as classroom teachers, the following shall
apply:
(1) Beginning in the [2013-2014] 2021-2022 school year, the
evaluation of the effectiveness of professional employes and
temporary professional employes serving as classroom teachers
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shall give due consideration to the following:
* * *
(ii) Student performance, which shall comprise fifty per
centum (50%) of the overall rating of the professional employe
or temporary professional employe serving as a classroom teacher
and shall be based upon multiple measures of student
achievement. The fifty per centum (50%) shall be comprised of
the following:
(A) Fifteen per centum (15%) building-level data, including,
but not limited to, all of the following:
(I) Student performance on assessments, including blended
adaptive assessments.
* * *
(c) For professional employes and temporary professional
employes serving as principals, the following shall apply:
* * *
(2) Student performance shall be measured as provided in
subsection (b)(1)(ii) for professional employes and temporary
professional employes supervised by the principal and shall
comprise fifty per centum (50%) of the principal's overall
rating. The fifty per centum (50%) shall be comprised of the
following:
(A) Fifteen per centum (15%) building-level data, including,
but not limited to, all of the following:
(I) Student performance on assessments, including blended
adaptive assessments.
* * *
(o) For purposes of this section:
(1) The term "assessment" shall mean the Pennsylvania System
of School Assessment test, the Keystone Exam, an equivalent
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local assessment, including blended adaptive assessments or
another test established by the State Board of Education to meet
the requirements of section
2603-B(d)(10)(i) and required under the No Child Left Behind Act
of 2001 (Public Law 107-110, 115 Stat. 1425) or its successor
statute or required to achieve other standards established by
the department for the school or school district under 22 Pa.
Code ยง 403.3 (relating to single accountability system).
* * *
(9) The term "blended adaptive assessment" shall mean an
adaptive test performed under Article XV-J.
* * *
Section 2. The act is amended by adding an article to read:
ARTICLE XV-J
STUDENT-CENTERED ASSESSMENT PILOT PROGRAM
Section 1501-J. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Adaptive testing." Periodic testing over the course of the
academic year taken by a student on a computer which tracks
student growth, provides instructional data regarding the
student's achievement level and assigned grade and complies with
the requirements under the Every Student Succeeds Act (Public
Law 114-95, 129 Stat. 1802) for proficiency for students at the
respective grade levels.
"Board." The State Board of Education of the Commonwealth.
"Department." The Department of Education of the
Commonwealth.
"Diagnostic testing." Testing administered by a school
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district to determine student growth and guide classroom
instruction during the school year.
"Elementary school student." A student who attends a public
school in grades one through five.
"Eligible student." An elementary school student, a middle
school student or a high school student who attends a school
district that participates in the program.
"High school student." A student who attends a public school
in grades 9 through 12.
"Middle school student." A student who attends a public
school in grades six through eight.
"Program." The Student-Centered Assessment Pilot Program
established under section 1502-J(a).
"Student growth." A calculation of a student's academic
improvement during the current academic year in comparison to
prior assessments during the academic year.
Section 1502-J. Student-Centered Assessment Pilot Program.
(a) Establishment.--The Student-Centered Assessment Pilot
Program is established within the Department of Education. The
department, in conjunction with the State Board of Education and
school districts that participate in the program, shall
administer the program.
(b) Nonadaptive assessments.--
(1) A public school of a school district participating
in the program shall be exempt from administering the
Pennsylvania System of School Assessment test authorized
under sections 2603-B and 2604-B to eligible students. The
exemption under this subsection shall begin after sufficient
data collection for a comparability study with existing tests
as stipulated by Federal peer review.
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(2) A school district participating in the program shall
only utilize the adaptive tests administered under section
1504-J for diagnostic testing.
(c) Eligibility.--A school district shall be eligible to
participate in the program if the school district administers
State-approved adaptive testing prior to January 1, 2021.
Section 1503-J. Duties of department and board.
(a) Establishment.--The department, in conjunction with the
board, shall establish blended criteria for adaptive testing of
eligible students. The criteria shall conform to academic
standards established for elementary school students, middle
school students and high school students under this act.
(b) Regulations.--The department shall establish policies
and promulgate regulations necessary to implement this article.
Section 1504-J. Duties of school districts.
(a) Duties.--A school district that participates in the
program shall have the following duties:
(1) The school district shall administer approved
adaptive testing to eligible students.
(2) In preparing eligible students for adaptive testing,
the school district shall provide the necessary methods to
minimize the amount of test preparation in the classroom.
(3) No later than 48 hours after eligible students
complete adaptive testing, the school district shall make
available the results of the adaptive testing to each
elementary school, middle school and high school teacher and
school administrator who administered the adaptive testing.
(b) Administration.--The school district shall administer
approved adaptive testing three times during the academic year
as follows:
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(1) The first adaptive test shall be administered
by the end of the first month of the academic year.
(2) The second adaptive test shall be administered no
later than December 31
of each year and used to determine
student growth from the start of the academic year.
(3) The third adaptive test shall be administered no
later than the last month of the academic year and used to
determine each student's mastery of the subjects in
accordance with the Federal requirements concerning academic
testing.
(c) Third-party providers.--The department may contract with
a third-party provider to administer the program.
Section 3. This act shall take effect in 60 days.
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