Trial Engrossment of Amendment A07551 to Senate Bill 1095 P.N. 1621, Regular Session 2017-2018

A07551

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

REFERRED TO EDUCATION, APRIL 6, 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) and November 6, 2017 (P.L.1142, No.55),

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.

(a.1) Upon the expiration of the delay on the use of

Keystone Exams as a graduation requirement and in any school

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

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

(a.1) (1) Upon the expiration of the delay on the use of

Keystone Exams as a graduation requirement and in any school

year in which a demonstration of proficiency on a Keystone Exam

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

satisfactory composite score approved under paragraph (2) on the

algebra I, biology and literature Keystone Exams shall be deemed

proficient for the purposes of the high school graduation

requirement.

(2) No later than July 30, 2019, the secretary shall

recommend, and the State Board of Education shall approve, the

satisfactory composite score a student must attain in order to

meet the requirements of this section. The satisfactory

composite score established under this paragraph shall:

(i) Require a student to achieve a proficient score on at

least one of the three Keystone Exams and no less than a basic

score on the two remaining Keystone Exams.

(ii) Be calculated based upon the most recent Keystone Exam

A07551 - 2 -

results available to the secretary.

(3) Every five years, the State Board of Education shall

review the operation of the satisfactory composite score

established under paragraph (2) and shall issue a report of its

findings 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.

(4) The satisfactory composite score established under

paragraph (2) shall remain in effect unless the score is changed

by an act of the General Assembly.

(5) The Department of Education shall transmit notice to the

Legislative Reference Bureau to publish the satisfactory

composite score established under paragraph (2) in the

Pennsylvania Bulletin and the department shall publish the

satisfactory composite score on the department's publicly

accessible Internet website.

(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] 2020-2021 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,

A07551 - 3 -

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).

(b.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), 4.51(b) (relating to

Keystone Exams), 4.51(c) (relating to project-based assessment)

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

A07551 - 4 -

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

student to participate in supplemental instruction.

(2) A student who is not deemed proficient on the Keystone

Exams in algebra I, literature and biology either under 22 Pa.

Code Ch. 4 (relating to academic standards and assessment) or

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) (2) A public school entity that offers supplemental

instruction shall design its supplemental instruction programs

to ensure students who accept the public school entity's offer

of supplemental instruction are able to participate in both

supplemental instruction and instruction related to their career

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

education) or under 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 a successor Federal statute ,

military or postsecondary education plans .

(4) (3) 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,

A07551 - 5 -

charter school, cyber charter school or regional charter school

may not intrude into instructional time for career and technical

education. Supplemental instruction may not occur during a

student's dedicated time in a career and technical education

program to provide the student time to gain competence in the

student's concentration area within a career and technical

education program as well as demonstrate a high likelihood of

success on an approved industry-based competency assessment.

(5) (4) 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.

(5) A student with a disability who satisfactorily completes

a special education program developed by an individualized

education program team under the Individuals with Disabilities

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) that does not otherwise meet the requirements of this

section shall be granted and issued a regular high school

diploma by the student's public school entity.

(6) A student who achieves a score of proficient or advanced

on a Keystone Exam shall not be permitted to retake the exam.

(7) When a student transfers from an out-of-State school to

a public school entity in this Commonwealth, the student's

public school entity shall determine whether the student's

performance on out-of-State coursework and assessments that are

aligned with the State academic standards assessed by each

Keystone Exam satisfy the requirements of this section. The

public school entity's duty under this paragraph shall be

subject to guidance that the secretary shall develop and issue

within 60 days of the effective date of this subsection.

A07551 - 6 -

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

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

assessments, course grades and other factors consistent with the

CTE Concentrator's goals and career plan[.] and determined for

the CTE Concentrator by a chief school administrator in

consultation with an area vocational-technical school director

or principal of a comprehensive high school no later than . The

determination shall be made no later than the end of eleventh

grade, or, for a student enrolled in a one-ear program, 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

A07551 - 7 -

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

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.

(2) Any of the following:

(i) completion of an advanced placement program exam or

international baccalaureate diploma program exam in the

associated Keystone Exam content area at a score established by

the secretary recommended by the secretary in consultation with

the Transfer and Articulation Oversight Committee and approved

by the State Board of Education or established by an act of the

General Assembly 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

satisfactory completion of the ACT WorkKeys assessment; or

(v) presentation of three or more rigorous and compelling

pieces of evidence that reflect the student's readiness for

graduation. The evidence must be part of the student's portfolio

A07551 - 8 -

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

following:

(A) Achievement of a passing grade in a dual enrollment

course or any postsecondary course at an accredited nonprofit

institution of higher education.

(B) (iv) completion of the general SAT or ACT at a

performance level recommended by the secretary and approved by

the State Board of Education;

(v) evidence of admission to, or scholarship award from, an

accredited nonprofit institution of higher education;

(vi) achievement of a passing grade in a dual enrollment

course or any postsecondary course at an accredited nonprofit

institution of higher education; or

(vii) if permitted by the public school entity, and if

elected by a student, presentation of rigorous and compelling

pieces of objective evidence approved by the chief school

administrator or their designee that reflect the student's

readiness for graduation and relate to the student's career,

military or postsecondary education plans. The pieces of

evidence eligible to be presented and the minimum number of

pieces of evidence required shall be recommended by the

A07551 - 9 -

secretary and approved by the State Board of Education, and the

Department of Education shall issue guidance for public school

entities to follow when applying the provisions of this

subparagraph. The pieces of evidence recommended by the

secretary and approved by the State Board of Education shall

include, but not be limited to, the following:

(A) Completion of any advanced placement program exam or

international baccalaureate diploma program exam at a score

established recommended by the secretary .

institution of higher education.

(D) in consultation with the Transfer and Articulation

Oversight Committee and approved by the State Board of Education

or established by an act of the General Assembly.

(B) A guaranteed full-time employment letter in a career

field consistent with the student's career or postsecondary

education plans .

(E) (C) 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) (D) A certificate of successful completion of an

internship, externship or cooperative education program.

(G) (E) Completion of an SAT or ACT subject-specific test at

a performance level established recommended by the secretary . in

consultation with the Transfer and Articulation Over sight

Committee and approved by the State Board of Education or

established by an act of the General Assembly.

(H) (F) Satisfactory compliance with the National Collegiate

Athletic Association's core courses for college-bound student

A07551 - 10 -

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

subsection (c.1)(2)(v) consistent with guidance issued by the

Department of Education.

(G) Satisfactory completion of a community service project

that received advance approval for use as a rigorous and

objective piece of evidence by a chief school administrator or

their designee. A community service project shall include in-

school, local, State, national or global projects.

(H) Attainment of a score of proficient or advanced on a

Keystone Exam.

(I) Attainment of a career readiness certificate through

satisfactory completion of the ACT WorkKeys Assessment.

(c.2) In accordance with 22 Pa. Code § 4.51(f), and

notwithstanding any other provision of law, a public school

entity shall not release individual student Pennsylvania System

of School Assessment or Keystone Exam scores to the Department

of Education or other Commonwealth entities.

(c.3) The performance level demonstrated in each of the

State academic standards, including the highest performance

level demonstrated by a student on the associated Keystone Exam,

may be included on a student's transcript as determined locally

A07551 - 11 -

by each public school entity.

(c.4) No later than the beginning of the 2020-2021 school

year, each public school entity shall ensure students, parents

and guardians are notified of the public school entity's high

school graduation requirements, including requirements

established in law and regulations and any additional

requirements established by the public school entity, and shall

publish its high school graduation requirements on its publicly

accessible Internet website.

(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 nonprofit institution of higher education." Any

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.

(8) Any accredited non profit public, private or independent

college or university.

"ACT." A standardized test for the assessment of college

readiness administered by ACT.

"ACT WorkKeys assessment." An assessment of workplace skills

administered by ACT.

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

A07551 - 12 -

"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 or identified by an act of the

General Assembly.

"Armed Services Vocational Aptitude Battery Test." The

aptitude test developed and maintained by the United States

Department of Defense.

"Chief school administrator." The superintendent of a school

district, administrative director of an area vocational-

technical school, executive director of an intermediate unit or

chief executive officer of a charter school, regional charter

school or cyber charter school.

"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).

"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

A07551 - 13 -

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

included within the definition of "educator" under section

111.2(b).

"GPA." Grade point average.

"International Baccalaureate Diploma Program." As defined in

section 2001-C.

"NIMS assessment." An assessment based on the National

Institute for Metalworking Skills standards.

"NOCTI exam." A National Occupational Competency Testing

Institute exam.

"Public school entity." A school district, area vocational-

technical school, intermediate unit, charter school, regional

charter or cyber charter school.

"SAT." A standardized test for the assessment of college

readiness administered by the College Board.

"Secretary." The Secretary of Education of the Commonwealth.

Section 2. This act shall take effect immediately.

A07551 - 14 -