Trial Engrossment of Amendment A09374 to Senate Bill 1095 P.N. 1894, Regular Session 2017-2018

A09374

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,

BOSCOLA AND STEFANO, APRIL 6, 2018

AS AMENDED ON SECOND CONSIDERATION, JUNE 19, 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) (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

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

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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,

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

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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, 4.51, 4.51b or 4.51c 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

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

student to participate in supplemental instruction.

(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 , military or postsecondary education plans .

(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,

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

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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.

(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.

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

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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. The determination

shall be made no later than the end of eleventh grade, or, for a

student enrolled in a one-year 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

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:

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(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 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) 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

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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

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

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.

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

field consistent with the student's career or postsecondary

education plans .

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.

(D) A certificate of successful completion of an internship,

externship or cooperative education program.

(E) Completion of an SAT subject-specific test at a

performance level recommended by the secretary in consultation

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with the Transfer and Articulation Oversight Committee and

approved by the State Board of Education or established by an

act of the General Assembly.

(F) Satisfactory compliance with the National Collegiate

Athletic Association's core courses for college-bound student

athletes with a minimum GPA of 2.0 or the equivalent on an

alternative grading scale.

(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

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

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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.

(C.5) BEGINNING JUNE 30, 2021, AND EACH JUNE 30 THEREAFTER,

THE SECRETARY SHALL PREPARE A REPORT REGARDING THE PRESENTATION

OF EVIDENCE FOR GRADUATION UNDER SUBSECTION (C.1)(2)(VII) AND

SUBMIT THE REPORT TO THE GOVERNOR, 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 AND POST THE REPORT ON THE DEPARTMENT

OF EDUCATION'S PUBLICLY ACCESSIBLE INTERNET WEBSITE. THE REPORT

SHALL, AT A MINIMUM, INCLUDE ALL OF THE FOLLOWING INFORMATION:

(1) THE TOTAL NUMBER AND IDENTITY OF ALL PUBLIC SCHOOL

ENTITIES IN WHICH STUDENTS CATEGORIZED BY A PUBLIC SCHOOL ENTITY

DEMONSTRATED READINESS FOR GRADUATION UNDER SUBSECTION (C.1)(2)

(VII).

(2) THE TOTAL NUMBER OF STUDENTS CATEGORIZED BY A PUBLIC

SCHOOL ENTITY WHO DEMONSTRATED READINESS FOR GRADUATION UNDER

SUBSECTION (C.1)(2)(VII) EACH YEAR.

(3) THE PERCENTAGE OF STUDENTS CATEGORIZED BY A PUBLIC

SCHOOL ENTITY WHO DEMONSTRATE READINESS FOR GRADUATION EACH YEAR

THROUGH THE FOLLOWING:

(I) ACHIEVING A PROFICIENT SCORE ON ALL THREE KEYSTONE

EXAMS;

(II) MEETING THE REQUIREMENTS OF SUBSECTION (A.1);

(III) MEETING THE REQUIREMENTS OF SUBSECTION (C);

(IV) MEETING THE REQUIREMENTS OF SUBSECTION (C.1)(2)(I),

(II), (III), (IV), (V) OR (VI); AND

(V) MEETING THE REQUIREMENTS OF SUBSECTION (C.1)(2)(VII).

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(4) A DESCRIPTION OF EACH TYPE OF EVIDENCE USED BY STUDENTS

CATEGORIZED BY A PUBLIC SCHOOL ENTITY TO DEMONSTRATE READINESS

FOR GRADUATION UNDER SUBSECTION (C.1)(2)(VII) AND A LIST

DESCRIBING THE EVIDENCE MOST OFTEN USED.

(5) RECOMMENDATIONS FOR IMPROVING THE PROVISIONS AND

UTILIZATION OF SUBSECTION (C.1)(2)(VII).

(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 nonprofit 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.

"Approved industry-based competency assessment." A NOCTI

exam, NIMS assessment or other industry-based competency

assessment identified by the Secretary of Education and approved

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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).

"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

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readiness administered by the College Board.

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

Section 2. This act shall take effect immediately.

Section 1. Section 121 heading, (a), (b)(1), (c) and (d) of

the act of March 10, 1949 (P.L.30, No.14), known as the Public

School Code of 1949, amended or added June 21, 2017 (P.L.200,

No.6) and June 22, 2018 (P.L.241, No.39), are amended and the

section is amended by adding subsections to read:

Section 121. Keystone Exams and Graduation Requirements.--

(a) The [Department of Education] department 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.

(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 [2020-

2021] 2021-2022 school year.

* * *

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

A09374 - 13 -

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. The determination

shall be made no later than the end of eleventh grade, or, for a

student enrolled in a one-year program, the end of the first

semester of twelfth grade.

(c.1) Notwithstanding section 2604-B(b)(2)(v), 22 Pa. Code §

4.24, 4.51 or 4.51c 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 student shall be deemed proficient if the student

demonstrates one of the following:

(1) Attainment of a satisfactory composite score under

A09374 - 14 -

subsection (c.2) on the Keystone Exams in algebra I, literature

and biology.

(2) Successful completion of locally established, grade-

based requirements for academic content areas associated with

each Keystone Exam on which the student did not achieve at least

a proficient score and demonstration of one of the following:

(i) Attainment of an established score on an approved

alternative assessment.

(ii) Attainment of at least the Gold Level on the ACT

WorkKeys assessment.

(iii) Attainment of an established score on an Advanced

Placement Program exam in an academic content area associated

with each Keystone Exam on which the student did not achieve at

least a proficient score.

(iv) Attainment of an established score on an International

Baccalaureate Diploma Program exam in an academic content area

associated with each Keystone Exam on which the student did not

achieve at least a proficient score.

(v) Successful completion of a concurrent enrollment course

in an academic content area associated with each Keystone Exam

on which the student did not achieve at least a proficient

score.

(vi) Successful completion of a preapprenticeship program.

(vii) Acceptance to an accredited four-year nonprofit

institution of higher education and evidence of the ability to

enroll in college-level, credit-bearing coursework.

(3) Successful completion of locally established, grade-

based requirements for academic content areas associated with

each Keystone Exam on which the student did not achieve at least

a proficient score and demonstration of three pieces of evidence

A09374 - 15 -

that reflect readiness for meaningful postsecondary engagement

consistent with the student's goals and career plan, which shall

include:

(i) One of the following:

(A) Attainment of an established score on the ACT WorkKeys

assessment.

(B) Attainment of an established score on an SAT Subject

Test.

higher education other than an accredited four-year nonprofit

institution of higher education and evidence of the ability to

enroll in college-level, credit-bearing course work.

(D) Attainment of an industry-recognized credential, as

identified in the industry credential resource book or in the

industry-based learning guidelines compiled by the department.

(E) Attainment of an established score on an Advanced

Placement Program exam.

(F) Attainment of an established score on an International

Baccalaureate Diploma Program exam.

(G) Successful completion of a concurrent enrollment course

or a postsecondary course.

(ii) Two additional pieces of evidence from a list

established by the secretary and approved by the State Board of

Education, which shall include, but not be limited to:

(A) Any additional items listed under subparagraph (i).

(B) Satisfactory completion of a service learning project

that received advance approval for use as a rigorous and

objective piece of evidence by a chief school administrator or

their designee. A service learning project shall include global,

national, State, local or in-school projects as defined by the

A09374 - 16 -

department.

Keystone Exam.

(D) A letter guaranteeing full-time employment.

(E) A certificate of successful completion of an internship,

externship or cooperative education program.

(F) Satisfactory compliance with the National Collegiate

Athletic Association's core courses for college-bound student

athletes with a minimum GPA of 2.0 or the equivalent on an

alternative grading scale.

(4) For the purposes of this subsection, 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.

(c.2) (1) 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 at least 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

results available to the secretary.

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

review the operation of the satisfactory composite score

established under paragraph (1) and shall issue a report of its

findings to the chairperson and minority chairperson of the

Education Committee of the Senate and the chairperson and

A09374 - 17 -

minority chairperson of the Education Committee of the House of

Representatives.

(2) The satisfactory composite score established under

paragraph (1) shall remain in effect unless the score is changed

by an act of the General Assembly.

(3) The department shall transmit notice to the Legislative

Reference Bureau to publish the satisfactory composite score

established under paragraph (1) in the Pennsylvania Bulletin and

shall publish the satisfactory composite score on the

department's publicly accessible Internet website.

(c.3) A chief school administrator may grant a waiver of the

requirements for demonstrations of proficiency on the Keystone

Exams or the requirements of subsection (c) or (c.1) for a

student in grade twelve or to accommodate a student who

experiences extenuating circumstances. The following shall

apply:

(1) If the waivers granted by a chief school administrator

exceed five percent (5%) of students in the graduating class in

any school year, the department shall require the school entity

to submit an improvement plan for the department's approval.

(2) If the waivers granted by a chief school administrator

exceed five percent (5%) of students in the graduating class in

two (2) consecutive school years, the following shall occur:

(i) The department shall conduct an audit of the school

entity to assess the following:

(A) The alignment of the coursework offered by the school

entity with the State academic standards assessed by each

Keystone Exam.

(B) The school entity's implementation of subsections (c)

and (c.1).

A09374 - 18 -

under this subsection.

(ii) The department shall provide the school entity with

technical assistance.

(iii) The school entity shall develop, submit to the

department for approval and implement a three-year improvement

plan in order to address issues as determined by the audit

findings.

(3) When the waivers granted by a chief school administrator

exceed five percent (5%) of students in the graduating class in

any school year, the department shall review the waivers

granted. If the department determines that the five percent (5%)

threshold was exceeded because waivers were granted to students

who experienced extenuating circumstances, paragraphs (1) and

(2) shall not apply.

(4) Each student granted a waiver under this subsection

shall complete locally established, grade-based requirements for

academic content areas associated with each Keystone Exam.

(5) As used in this subsection, the term "extenuating

circumstances" shall include serious illness, death in the

student's immediate family, family emergency, frequent school

transfers or transfer from an out-of-State school in grade

twelve or another emergency as determined by the secretary and

approved by the State Board of Education.

(c.4) A school entity may offer supplemental instruction to

a student who does not demonstrate at least proficiency on a

Keystone Exam or on a locally validated assessment under 22 Pa.

Code § 4.24. The supplemental instruction:

(1) Shall be consistent with the student's educational

program.

A09374 - 19 -

(2) Shall assist the student to attain proficiency in the

State academic standards.

(3) Shall be designed as to ensure students who accept the

school entity's offer of supplemental instruction are able to

participate in both supplemental instruction and instruction

related to their career, military or postsecondary education

plans.

(4) Shall not intrude into instructional time for career and

technical education and may not occur during a student's

dedicated time in a career and technical education program in

order 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) Shall not require the participation of any student.

(c.5) No 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.

(c.6) 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 school entity.

(c.7) A student who achieves a score of proficient or

advanced on a Keystone Exam shall only be permitted to retake

the exam if the student or parent submits a request in writing

to the school entity.

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(c.8) When a student transfers from an out-of-State school

to a school entity in this Commonwealth, the student's 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.

(c.9) 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 by each

school entity.

(c.10) No later than the beginning of the 2020-2021 school

year, each school entity shall ensure students, parents and

guardians are notified of the school entity's high school

graduation requirements, including requirements established in

law and regulations and any additional requirements established

by the school entity, and shall publish its high school

graduation requirements on its publicly accessible Internet

website.

(c.11) No later than December 1, 2022, and each December 1

thereafter, each school entity shall submit a report to the

department which shall be posted by January 15 of each year on

the department's publicly accessible Internet website. The

report shall contain, at a minimum, the following:

(1) Name of the school entity.

(2) County in which the school entity is located.

(3) Total number of students in grade twelve in the previous

school year.

(4) Total number of students who graduated in the previous

school year.

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