PRINTER'S NO. 2130
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1371
Session of
2020
INTRODUCED BY DINNIMAN, NOVEMBER 20, 2020
REFERRED TO EDUCATION, NOVEMBER 20, 2020
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, providing
for assessments for Federal accountability.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 121.1. Assessments for Federal Accountability.-- (a)
Beginning with the 2022-2023 school year, the department shall
no longer:
(1) Develop, implement, maintain or provide the Keystone
Exams to a school entity.
(2) Maintain contracts with a vendor for services related to
the Keystone Exams.
(3) Advise a school entity to offer the Keystone Exams to a
student for any purpose.
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(4) Require the Keystone Exams as a Statewide assessment for
reporting purposes or for any other purpose.
(b) During the 2021-2022 school year, the department shall
identify for inclusion in the State plan and reporting Federal
accountability, and to use as the baseline measure for student
growth, the following assessments to be administered as
appropriate:
(1) The Preliminary Scholastic Aptitude Test, which shall be
administered in the spring of tenth grade. Data obtained from
the test shall be used for measurements that require data from
academic assessments required under section 1111(b)(2)(B)(v)(I)
(bb) and (II)(cc) of ESSA (20 U.S.C. § 6311(b)(2)(B)(v)(1)(bb)
and (II)(cc) and, as appropriate, in other areas of measurement.
(2) The Pennsylvania School of Assessment test. Data
obtained from the test shall be used for measurements that
require data from academic assessments required for grades three
through eight and, as appropriate, in other areas of
measurement.
(3) The Pennsylvania Alternate System of Assessment,
provided that those students with individualized education plans
may attain the academic standards by completion of their
individualized education programs under the Individuals with
Disabilities Education Act. Data obtained from the test shall be
used for measurements that require data from academic
assessments required under section 1111(b)(2)(D) of ESSA and, as
appropriate, in other areas of measurement.
(c) The following shall apply:
(1) For an assessment listed in subsection (b) that the
department has not established a score that the student must
attain to demonstrate federally established accountability
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levels or for inclusion in the State plan, the department shall
establish and submit the assessment to the State board for
action by the State board. The department shall establish, at
the time it establishes scores for the PSAT, separate scores for
separate uses of the PSAT, which shall be used in comparison
data measurements from the baseline. The scores shall be
developed for comparison with federally required academic
assessments under section 1111(b)(2)(B)(v)(I)(bb) and (II)(cc)
of ESSA and, as appropriate, for inclusion in other areas of
measurement. The score established for the PSAT for comparison
measurements with federally required academic assessments in
section 1111(b)(2)(B)(v)(II)(cc) of ESSA shall be based on the
questions within the verbal and mathematics PSAT that focus on
the science or any PSAT that aligns with the new standards
developed by the department for science. If no score can be
established for the PSAT for comparison measurements with
federally required academic assessments in section 1111(b)(2)(B)
(v)(II)(cc) of ESSA, the department is directed to use an
assessment developed through a consortium of states that have
similar science standards as the department has developed for
science and develop a score for comparison measurements for the
assessment.
(2) The State board must approve or disapprove within sixty
(60) days of submission by the department to the office of the
State board or at its next regularly scheduled meeting,
whichever is sooner, the score for each federally established
accountability level that a student must attain on each approved
assessment. Failure of the State board to approve or disapprove
the submission within the time established under this section
shall be deemed an approval.
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(d) The following shall apply:
(1) Beginning with the 2022-2023 school year, to comply with
ESSA or its regulations, or any subsequent waiver or subsequent
act of Congress related thereto that requires assessment for the
purpose of Federal accountability, the department shall identify
the following assessments as a set of high-quality student
assessments to be used, as appropriate, for inclusion in the
State plan and reporting Federal accountability as required
under ESSA:
(i) The Pennsylvania School of System Assessment test or an
alternative test prescribed by the task force under subsection
(c) to meet Federal accountability requirements for grades three
through eight.
(ii) The PSAT, which shall be administered in the spring of
tenth grade.
(iii) The Scholastic Aptitude Test for verbal and
mathematics skills. Although a student may take the written part
of the SAT for verbal skills at the student's expense, no
written part of the SAT shall be required under this subclause.
(iv) The armed forces qualification test.
(v) A competency assessment or certification for a student
who, by the end of a reporting year, is 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), related to the student's program of
study. The assessment may include a National Occupational
Competency Testing Institute exam, an assessment based on the
National Institute for Metalworking Skills standards or any
other industry-based competency assessment identified by the
Secretary of Education and approved by the State board as
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demonstrating a high likelihood of readiness for continued
meaningful engagement in the student's program of study.
(vi) The Pennsylvania Alternate System of Assessment to meet
Federal accountability requirements of an assessment designed
for students with the most significant cognitive disabilities.
However, students with individualized education plans may attain
the academic standards by completion of their individualized
education plans under the Individuals with Disabilities
Education Act.
(2) The following shall apply:
(i) For an assessment listed in clause (1) for which the
department has not established a score that a student must
attain to demonstrate federally established accountability
levels or for inclusion in the State plan, the department shall
establish and submit the same to the State board for action by
the State board. The department shall establish, at the time it
establishes scores for the PSAT and the SAT, if it has not
already done so, separate scores for separate uses of the PSAT
and the SAT, which shall be used in comparison data measurements
from the baseline. The scores shall be developed for comparison
with federally required academic assessments under section
1111(b)(2)(B)(v)(I)(bb) and (II)(cc) of ESSA and, as
appropriate, for inclusion in other areas of measurement. The
score established for the PSAT and the SAT for comparison
measurements with federally required academic assessments
required under section 1111(b)(2)(B)(v)(II)(cc) of ESSA, shall
be based on the questions within the verbal and mathematics PSAT
and the SAT that focus on the science or any PSAT or SAT that
aligns with the new standards developed by the department for
science. If no score can be established for the PSAT or the SAT
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for comparison measurements with federally required academic
assessments in section 1111(b)(2)(B)(v)(II)(cc) of ESSA, then
the department is directed to use an assessment developed
through a consortium of states that have similar science
standards as the department has developed for science and
establish a score for comparison measurements for the
assessment.
(ii) The State board must approve or disapprove within sixty
(60) days of submission by the department to the office of the
State board or at its next regularly scheduled meeting,
whichever is sooner, the score for each federally established
accountability level that a student must attain on each approved
assessment. Failure of the State board to approve or disapprove
the submission within the time established under this section
shall be deemed an approval.
(3) Every five (5) years the department shall request
competitive bids and shall contract for the assessments required
in this subsection.
(e) An assessment used for the purposes of Federal
accountability under subsection (d) or any score of a student on
the assessment:
(1) Shall be administered one time per school year for the
purpose of meeting the Federal accountability requirements with
one make-up date provided for a student unable to participate on
the originally scheduled date. A school entity may select a date
to make up an assessment under this clause that is a Saturday or
during a school year vacation period.
(2) Shall not be retaken for the purpose of meeting the
Federal accountability requirements by any student.
(3) Shall not be required to be taken by a student if the
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student has met the Federal accountability requirements by
taking another approved assessment under subsection (b) in the
same content area for the respective grade.
(4) Shall not exceed two instructional days to administer
when administered to meet the Federal accountability
requirements for grades nine through twelve. However, when
administered for students with the most significant cognitive
disabilities, administration shall not exceed three
instructional days.
(5) Shall not exceed sixty percent (60%) of the testing time
currently required for the Pennsylvania System of School
Assessment test when administered to meet the Federal
accountability requirements for grades three through eight.
(6) Shall be scored and returned to the school entity within
thirty (30) days when administered to meed the Federal
accountability requirements for grades nine through twelve.
(7) Shall be part of an assessment system that does the
following:
(i) Provides practice for all students.
(ii) Provides scholarship opportunities.
(iii) Provides actionable score reports.
(iv) Is useful for instructional support and identifying
learning needs.
(v) Provides information on readiness for advanced
coursework, including STEM courses, when administered to measure
verbal or mathematics skills for grades nine through twelve.
(8) May be used for diagnostic purposes to assess student
improvement and growth.
(9) Shall be used as part of a rigorous system of teacher
evaluation and school performance, in accordance with Article
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XI(c.1).
(f) Each school entity shall determine the assessment from
subsection (d)(1)(ii), (iii), (iv), (v) or (vi) to submit to the
department for the purpose of Federal accountability for any
student who, by the end of a reporting year, is reported as
successfully completing at least fifty percent (50%) of the
minimum technical instructional hours required under 22 Pa. Code
Ch. 339 related to the student's program of study.
(g) All regulations and parts of regulations are abrogated
insofar as they are inconsistent with this section.
(h) 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:
"Department." The Department of Education of the
Commonwealth.
"ESSA." The reauthorization of the Elementary and Secondary
Education Act of 1965 (Public Law 89-10, 20 U.S.C. § 6301 et
seq.), known as the Every Student Succeeds Act (Public Law 114-
95, 129 Stat. 1802).
"Individuals with Disabilities Education Act." The
Individuals with Disabilities Education Act (Public Law 91-230,
20 U.S.C. § 1400 et seq.).
"Preliminary Scholastic Aptitude Test" or "PSAT." The
nationally recognized preliminary SAT developed by the college
board and cosponsored by the national merit scholarship
corporation.
"Scholastic Aptitude Test" or "SAT." The nationally
recognized college career readiness assessment developed by the
college board.
"School entity." The term shall include a school district,
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intermediate unit, joint school, area career and technical
school, charter school or cyber charter school.
"State board." The State Board of Education of the
Commonwealth.
"State plan." The State plan prepared by the department for
the Commonwealth to implement ESSA and submitted to the United
States Secretary of Education for approval, as provided in
section 1005 of ESSA.
Section 2. This act shall take effect immediately.
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