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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BREWSTER, OCTOBER 25, 2012 |
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| REFERRED TO EDUCATION, OCTOBER 25, 2012 |
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| AN ACT |
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1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," providing for Student Performance |
6 | Measurement Advisory Commission. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. The act of March 10, 1949 (P.L.30, No.14), known |
10 | as the Public School Code of 1949, is amended by adding a |
11 | section to read: |
12 | Section 122. Student Performance Measurement Advisory |
13 | Commission.--(a) The Governor shall immediately convene a |
14 | Statewide advisory commission to be known as the Student |
15 | Performance Measurement Advisory Commission. |
16 | (b) The Student Performance Measurement Advisory Commission |
17 | shall consist of the following members: |
18 | (1) One (1) member of the Senate appointed by the President |
19 | pro tempore of the Senate. |
20 | (2) One (1) member of the Senate appointed by the Minority |
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1 | Leader of the Senate. |
2 | (3) One (1) member of the House of Representatives appointed |
3 | by the Speaker of the House of Representatives. |
4 | (4) One (1) member of the House of Representatives appointed |
5 | by the Minority Leader of the House of Representatives. |
6 | (5) The Secretary of Education or a designee. |
7 | (6) The chairman of the State Board of Education or a |
8 | designee. |
9 | (7) The following members of the Student Performance |
10 | Measurement Advisory Commission shall be selected by the |
11 | Governor: |
12 | (i) One (1) member who shall represent teachers from a list |
13 | of three (3) qualified persons recommended by the employe |
14 | organizations that represent teachers employed in the public |
15 | schools of this Commonwealth. |
16 | (ii) One (1) member who shall represent school board members |
17 | from a list of three (3) qualified persons recommended by the |
18 | organization that represents school boards in this Commonwealth. |
19 | (iii) One (1) member who shall represent school |
20 | administrators from a list of three (3) qualified persons |
21 | recommended by the organization that represents school |
22 | administrators employed in the public schools of this |
23 | Commonwealth. |
24 | (iv) One (1) member who shall represent institutions of |
25 | higher education from a list of three (3) qualified persons |
26 | recommended by the State System of Higher Education. |
27 | (v) One (1) member who shall represent parents of students |
28 | attending public schools of this Commonwealth from a list of |
29 | three (3) qualified persons recommended by the organization that |
30 | represents parents of students in the schools of this |
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1 | Commonwealth. |
2 | (c) The following shall apply to members of the Student |
3 | Performance Measurement Advisory Commission: |
4 | (1) Members of the Student Performance Measurement Advisory |
5 | Commission shall be appointed within twenty (20) days of the |
6 | effective date of this section. Any vacancy on the Student |
7 | Performance Measurement Advisory Commission shall be filled by |
8 | the original appointing authority. |
9 | (2) Each member of the Student Performance Measurement |
10 | Advisory Commission may designate another person to represent |
11 | that member at meetings of the Student Performance Measurement |
12 | Advisory Commission. |
13 | (d) The organizational meeting shall take place not later |
14 | than thirty (30) days following the effective date of this |
15 | section. The Student Performance Measurement Advisory Commission |
16 | shall select a chairman and vice chairman from among its |
17 | membership at the organizational meeting. |
18 | (e) Six (6) members of the Student Performance Measurement |
19 | Advisory Commission shall constitute a quorum at any meeting. |
20 | (f) Members of the Student Performance Measurement Advisory |
21 | Commission shall receive no compensation for their services but |
22 | shall be reimbursed for all necessary travel and other |
23 | reasonable expenses incurred in connection with the performance |
24 | of their duties as members. |
25 | (g) Whenever possible, the Student Performance Measurement |
26 | Advisory Commission shall utilize the services and expertise of |
27 | existing personnel and staff of State government. |
28 | (h) The Department of Education may utilize undistributed |
29 | funds not expended, encumbered or committed from appropriations |
30 | for grants and subsidies made to the department, not to exceed |
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1 | three hundred thousand dollars ($300,000), to carry out the |
2 | provisions of this section. |
3 | (i) The Student Performance Measurement Advisory Commission |
4 | shall hold meetings at the call of the chairman. The Student |
5 | Performance Measurement Advisory Commission may also hold public |
6 | hearings on the matters considered by the commission at |
7 | locations throughout this Commonwealth. All meetings and public |
8 | hearings of the Student Performance Measurement Advisory |
9 | Commission shall be deemed public meetings for the purpose of 65 |
10 | Pa.C.S. Ch. 7 (relating to open meetings). |
11 | (j) The Student Performance Measurement Advisory Commission |
12 | shall have the following powers and duties: |
13 | (1) Review the following to determine their strengths and |
14 | weaknesses in providing a fair and accurate assessment of |
15 | academic performance for students, schools, school districts and |
16 | educators: |
17 | (i) The Pennsylvania System of School Assessment. |
18 | (ii) The Pennsylvania Alternate System of Assessment. |
19 | (iii) The Keystone Examinations. |
20 | (iv) The Pennsylvania Accountability System, including the |
21 | Pennsylvania Performance Index. |
22 | (v) Pennsylvania Value Added Assessment System. |
23 | (2) Evaluate and make findings and recommendations for the |
24 | following to further improve the measures of performance in this |
25 | Commonwealth to more fairly and accurately measure the academic |
26 | performance of students, schools, school districts and |
27 | educators: |
28 | (i) The replacement of the Pennsylvania System of School |
29 | Assessment and the Pennsylvania Alternate System of Assessment. |
30 | (ii) The replacement or revision of the Pennsylvania |
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1 | Accountability System and the Pennsylvania Value Added |
2 | Assessment System. |
3 | (3) Consult with and utilize experts to assist in carrying |
4 | out the duties under this section. |
5 | (4) Develop the recommendations made under paragraph (2) |
6 | according to the following: |
7 | (i) Under the recommendations made under paragraph (2)(i), |
8 | evaluate and consider whether to incorporate the Keystone |
9 | Examinations, and if incorporated, such degree of incorporation. |
10 | (ii) Evaluate and incorporate the following in the |
11 | recommendations made under paragraph (2)(ii): |
12 | (A) Improvements in the design and use of replacement |
13 | assessments and the use of the assessment results to better |
14 | reflect actual student, school, school district and educator |
15 | performance. |
16 | (B) Utilization of multiple measures of student performance |
17 | that can be used to guide and inform educational practice and |
18 | for accountability purposes to include, but not be limited to, |
19 | the following: |
20 | (I) Student achievement. |
21 | (II) Gains in student achievement. |
22 | (III) Reductions in the student achievement gap. |
23 | (IV) School attendance rates. |
24 | (V) Graduation rates. |
25 | (C) At least five (5) classifications of academic |
26 | performance to recognize a range of academic performance from a |
27 | high level through a continuous range to a low level to provide |
28 | improved targeting of rewards for high-performing schools and |
29 | school districts and assistance for low-performing schools and |
30 | school districts. |
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1 | (D) Incentives for schools to assist students to improve |
2 | their performance. |
3 | (iii) Design the recommendations made under paragraph (2) |
4 | to provide differentiated systems of support to the lowest- |
5 | performing schools and school districts including professional |
6 | development that is targeted to the deficits of each school and |
7 | school district. |
8 | (iv) Provide for reasonable and realistic implementation |
9 | goals that ensure that the Commonwealth, the school districts |
10 | and schools have the capacity to fully implement the |
11 | accountability system and act on the results. |
12 | (v) Design the recommendations made under paragraph (2) to |
13 | incorporate the application of the replacement assessment |
14 | systems to each public school, charter school, regional charter |
15 | school, cyber charter school, area vocational-technical school |
16 | and nonpublic school in this Commonwealth to provide for the |
17 | assessment of every student in the tested grades. |
18 | (vi) (A) Except as provided in clause (B), align the |
19 | recommendations with the requirements of the No Child Left |
20 | Behind Act of 2001 or its successor statute. |
21 | (B) (I) Make recommendations under paragraph (2) that vary |
22 | from the requirements of the No Child Left Behind Act of 2001, |
23 | or its successor statute, only where necessary to comply with |
24 | this section. |
25 | (II) Where the recommendations made under paragraph (2) vary |
26 | from the requirements of the No Child Left Behind Act of 2001, |
27 | make additional recommendations for the submission of the |
28 | incompatible recommendations as a request to the United States |
29 | Department of Education for a waiver under the Elementary and |
30 | Secondary Education Act of 1965 (Public Law 89-10, 20 U.S.C. § |
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1 | 6301 et seq.) from the applicable provisions of the No Child |
2 | Left Behind Act of 2001 or its successor statute. |
3 | (vii) Make additional recommendations for the submission of |
4 | recommendations made under paragraph (2) that are compatible |
5 | with the No Child Left Behind Act of 2001 or its successor |
6 | statute to the United States Department of Education for |
7 | approval of the recommended changes to the Commonwealth's |
8 | Consolidated State Application Accountability Workbook. |
9 | (k) (1) No later than three hundred sixty (360) days from |
10 | the effective date of this section, the Student Performance |
11 | Measurement Advisory Commission shall submit an interim report |
12 | to the Governor, the President pro tempore of the Senate, the |
13 | Minority Leader of the Senate, the chairman and the minority |
14 | chairman of the Education Committee of the Senate, the Speaker |
15 | of the House of Representatives, the Minority Leader of the |
16 | House of Representatives and the chairman and the minority |
17 | chairman of the Education Committee of the House of |
18 | Representatives. |
19 | (2) No later than seven hundred thirty (730) days from the |
20 | effective date of this section, the commission shall submit a |
21 | final report of its findings and recommendations to the |
22 | Governor, the President pro tempore of the Senate, the Minority |
23 | Leader of the Senate, the chairman and the minority chairman of |
24 | the Education Committee of the Senate, the Speaker of the House |
25 | of Representatives, the Minority Leader of the House of |
26 | Representatives and the chairman and the minority chairman of |
27 | the Education Committee of the House of Representatives. |
28 | (l) This section shall expire seven hundred sixty (760) days |
29 | from the effective date of this section. |
30 | Section 2. This act shall take effect in 60 days. |
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