Regular Session 2019-2020 House Bill 1730 P.N. 2322

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

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.

* * *

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 § 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.

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.

a third-party provider to administer the program.

Section 3. This act shall take effect in 60 days.

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