An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in terms and courses of study, further providing for grading, classification and promotion of pupils.

PRINTER'S NO. 1798
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1535
Session of
2025
INTRODUCED BY N. NELSON, GIRAL, SANCHEZ AND GREEN, JUNE 2, 2025
REFERRED TO COMMITTEE ON EDUCATION, JUNE 2, 2025
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 terms and courses of study,
further providing for grading, classification and promotion
of pupils.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1531 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended to read:
Section 1531. Grading, Classification and Promotion of
Pupils.--(a) Teachers in the public schools shall, under the
direction of the proper superintendents of schools, grade and
classify the pupils in their schools so that they may pursue the
courses of study herein provided for, and all pupils found
proficient may be promoted twice each year.
(b) The following shall apply:
(1) No later than one hundred eighty ( 180) days after the
effective date of this subsection, the department shall
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establish individual student performance levels aligned with the
PSSA test to identify the levels of individual performance:
(i) sufficient to demonstrate proficiency relative to the
State academic standards;
(ii) sufficient to demonstrate advanced achievement relative
to the State academic standards; and
(iii) insufficient to demonstrate proficiency relative to
the State academic standards and requiring academic improvement.
(2) Notwithstanding paragraph (1), the department may
approve alternative indicators of student performance in
determining proficiency relative to State academic standards
within the time period specified under paragraph (1). Approved
indicators shall meet all of the following criteria:
(i) Provide valid measures of student achievement aligned
with State academic standards.
(ii) Include, but not be limited to, performance on school
entity-administered assessments, end-of-course assessments,
student work products or classroom grades substantiated by
student work demonstrating achievement levels.
(3) Performance levels or indicators established under this
subsection shall indicate whether a student is more than three
(3) years below proficiency in reading or more than four (4)
years below proficiency in mathematics.
(4) A student in grade three, four, five, six, seven or
eight whose performance on the reading portion of the PSSA test
indicates that the student is more than three (3) years below
proficiency shall not be promoted to the next grade level unless
any of the following apply:
(i) The student's parent or guardian and the school entity
agree to an individual improvement plan that may include, but is
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not limited to, summer school, before or after school
instruction, Saturday school or tutoring.
(ii) The student has previously been retained for academic
reasons for two (2) school years.
(5) A student in grade three, four, five, six, seven or
eight whose performance on the mathematics portion of the PSSA
test indicates that the student is more than four (4) years
below proficiency shall not be promoted to the next grade level
unless any of the following apply:
(i) The student's parent or guardian and the school entity
agree to an individual improvement plan that may include, but is
not limited to, summer school, before or after school
instruction, Saturday school or tutoring.
(ii) The student has previously been retained for academic
reasons for two school years.
(6) A student who continues to demonstrate inadequate
performance following a retention year may not be retained for
an additional year but shall be provided with an individual
improvement plan developed by the school entity in accordance
with department regulations. An individual improvement plan
shall specify a course of study and required academic
improvement activities, which may include summer school,
additional instruction or mentoring programs.
(7) To the extent that results from the PSSA test are
unavailable, the school entity shall use alternative means to
identify students at risk of not achieving proficiency and
develop individual improvement plans accordingly.
(8) The department may require a school entity to implement
academic improvement activities for a student identified as not
proficient under this subsection, including, but not limited to,
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additional instructional time or mentoring.
(9) A school entity may require student participation in
academic improvement activities in accordance with department
regulations or the school entity's academic policies. A student
who fails to comply with required academic improvement
activities may be subject to the same disciplinary measures
applicable to acts of truancy or absenteeism.
(10) An academic review committee shall be established by
each school entity to hear parent or guardian appeals regarding
the contents of an individual improvement plan. The committee
shall include at least one teacher from the grade level to which
the student may be promoted.
(11) Paragraphs (4) and (5) shall not apply if the student
has been formally classified as having any of the following:
(i) A moderate intellectual disability.
(ii) A severe intellectual disability.
(iii) Autism accompanied by intellectual functioning
equivalent to a moderate or severe intellectual disability.
(iv) Multiple disabilities accompanied by intellectual
functioning equivalent to a moderate or severe intellectual
disability.
(12) The department shall promulgate regulations necessary
to implement this subsection.
(c) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"School entity." A school district, intermediate unit, area
career and technical school, charter school, cyber charter
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school, regional charter school or multiple charter school
organization.
"Student." A student enrolled in grades three through eight
in any school entity.
Section 2. This act shall take effect in 60 days.
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