An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in preliminary provisions, providing for innovative assessment and accountability demonstration authority.

PRINTER'S NO. 2609
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2039
Session of
2025
INTRODUCED BY SCHLEGEL, BERNSTINE AND E. NELSON,
NOVEMBER 17, 2025
REFERRED TO COMMITTEE ON EDUCATION, NOVEMBER 17, 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 preliminary provisions, providing
for innovative assessment and accountability demonstration
authority.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 135. Innovative Assessment and Accountability
Demonstration Authority.--(a) The department shall develop an
innovative State assessment and accountability system as a pilot
program to measure student achievement and growth in this
Commonwealth in collaboration with the General Assembly,
educators and school leaders, stakeholders representing the
interests of children, parents and students.
(b) The department shall hold at least four public hearings
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
in different geographical areas of this Commonwealth to gather
stakeholder input for the design of the system.
(c) Upon the conclusion of the public hearings and at least
ninety (90) days prior to May 1, 2026, a final plan shall be
published and posted on the department's publicly accessible
Internet website for public comment for at least thirty (30)
days. The department shall consider comments made by the public
and may revise the plan.
(d) At least forty-five (45) days prior to May 1, 2026, the
department shall provide a notice of intent to submit an
Innovative Assessment Demonstration Authority application to the
United States Secretary of Education.
(e) By May 1, 2026, the department shall submit the
application to the United States Secretary of Education
requesting demonstration authority under the Every Student
Succeeds Act, 20 U.S.C. § 6364(e) (relating to innovative
assessment and accountability demonstration authority).
(f) 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.
"Innovative State assessment and accountability system." A
system of assessments that may include:
(1) competency-based assessments, instructionally embedded
assessments, interim assessments, cumulative year-end
assessments and performance-based assessments that combine into
an annual summative determination for a student, or another
innovative assessment design that meets the requirements under
the Every Student Succeeds Act, that may be administered through
20250HB2039PN2609 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
computer adaptive assessments; and
(2) assessments that validate when students are ready to
demonstrate mastery or proficiency and allow for differentiated
student support based on individual learning needs.
Section 2. This act shall take effect immediately.
20250HB2039PN2609 - 3 -
1
2
3
4
5