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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.
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(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
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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,
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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
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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,
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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.
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(c) Notwithstanding section 2604-B(b)(2)(v), 22 Pa. Code §
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
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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
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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
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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 .
(C) Evidence of admission to an accredited nonprofit
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
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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
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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.
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"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
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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.
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