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PRINTER'S NO. 748
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 727
Session of
2025
INTRODUCED BY WEBSTER, SANCHEZ, HILL-EVANS, MADDEN, RIVERA,
BOROWSKI AND CERRATO, FEBRUARY 25, 2025
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 25, 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, further
providing for definitions, for Keystone Exams and graduation
requirements and for special provisions applicable to the
Keystone Exams, graduation requirements and alternative
competency assessment; in district superintendents and
assistant district superintendents, further providing for
performance review; in professional employees, further
providing for definitions; in pupils and attendance, further
providing for assisting students experiencing education
instability; in E-chievement Program, further providing for
definitions; and, in educational tax credits, further
providing for definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of the act of March 10, 1949 (P.L.30,
No.14), known as the Public School Code of 1949, is amended by
adding a definition to read:
Section 102. Definitions.--When used in this act the
following words and phrases shall have the following meanings:
* * *
"ACT test." A standardized test for the assessment of
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college readiness administered by ACT.
* * *
Section 2. Section 121(a), (c) introductory paragraph and
(1), (c.1) introductory paragraph, (1), (2) introductory
paragraph, (iii) and (iv), (3) introductory paragraph and (ii)
(C) and (4), (c.2)(1) introductory paragraph and (i), (c.3)
introductory paragraph, (2)(i)(A) and (4), (c.4) introductory
paragraph, (c.7), (c.8), (c.9) and (c.11)(5)(i) and the
definitions of "ACT" and "approved alternative assessment" in
subsection (d) of the act are amended to read:
Section 121. Keystone Exams and Graduation Requirements.--
(a) The 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.] By July 1,
2027, the department shall approve the ACT test to be used for
evaluating student performance in algebra I, literature and
biology. After July 1, 2027, the implementation of the Keystone
Exam shall cease.
* * *
(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 or ACT test 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 or
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ACT test 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
or ACT test in biology; and
* * *
(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 or ACT test 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
subsection (c.2) on the Keystone Exams or ACT test in algebra I,
literature and biology.
(2) Successful completion of locally established, grade-
based requirements for academic content areas associated with
each Keystone Exam or ACT test on which the student did not
achieve at least a proficient score and demonstration of one of
the following:
* * *
(iii) Attainment of an established score on an Advanced
Placement Program exam in an academic content area associated
with each Keystone Exam or ACT test 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 or ACT test on which the
student did not achieve at least a proficient score.
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* * *
(3) Successful completion of locally established, grade-
based requirements for academic content areas associated with
each Keystone Exam or ACT test on which the student did not
achieve at least a proficient score and demonstration of three
pieces of evidence that reflect readiness for meaningful
postsecondary engagement consistent with the student's goals and
career plan, which shall include:
* * *
(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:
* * *
(C) Attainment of a score of proficient or advanced on a
Keystone Exam or ACT test.
* * *
(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
or ACT test in biology.
(c.2) (1) No later than July 30, [2019] 2027, 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 or ACT test and no
less than a basic score on the two remaining Keystone Exams or
ACT tests.
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* * *
(c.3) A chief school administrator may grant a waiver of the
requirements for demonstrations of proficiency on the Keystone
Exams or ACT tests 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:
* * *
(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 or ACT test.
* * *
(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 or ACT
test.
* * *
(c.4) A school entity may offer supplemental instruction to
a student who does not demonstrate at least proficiency on a
Keystone Exam or ACT test or on a locally validated assessment
under 22 Pa. Code § 4.24. The supplemental instruction:
* * *
(c.7) A student who achieves a score of proficient or
advanced on a Keystone Exam or ACT test shall only be permitted
to retake the exam if the student or parent submits a request in
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writing to the school entity.
(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 or ACT
test 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
or ACT test, may be included on a student's transcript as
determined by each school entity.
* * *
(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:
* * *
(5) Total number of students who graduated by demonstrating
proficiency under each of the following:
(i) the achievement of the required score on all three (3)
Keystone Exams or ACT tests;
* * *
(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:
* * *
["ACT." A standardized test for the assessment of college
readiness administered by ACT.]
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* * *
"Approved alternative assessment." A SAT, PSAT, ACT test or
Armed Services Vocational Aptitude Battery test.
* * *
Section 3. Sections 121.1 and 1073.1(a)(3) of the act are
amended to read:
Section 121.1. Special Provisions Applicable to the Keystone
Exams, ACT tests, Graduation Requirements and Alternative
Competency Assessment.--(a) For the 2019-2020 school year and
any subsequent school year in which the Federal Government has
waived the testing and accountability requirements of the
Elementary and Secondary Education Act of 1965 (Public Law 89-
10, 20 U.S.C. § 6301 et seq.), as amended by the Every Student
Succeeds Act (Public Law 114-95, 129 Stat. 1802), any student
who completed a course in an academic content area associated
with a Keystone Exam or ACT test shall not be required to take
the Keystone Exam or ACT test related to that course and shall
be deemed proficient for purposes of sections 121 and 2604-B(b)
(2)(v) and 22 Pa. Code § 4.24 (relating to high school
graduation requirements), provided that the student demonstrates
successful completion of locally established, grade-based
requirements for the academic content areas associated with each
Keystone Exam or ACT test.
(b) Notwithstanding section 2604-B(b)(2)(v), 22 Pa. Code §
4.24, 4.51 (relating to state assessment system) or 4.51c
(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 or ACT test is
required for high school graduation, a student subject to this
section shall be deemed proficient if the student meets all of
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the following requirements:
(1) Demonstrates attainment of a satisfactory composite
score of at least 2939, using the highest scores attained by the
student on two of the three Keystone Exams or ACT tests in
algebra I, literature and biology.
(2) Achieves a minimum score of proficient on at least one
of the two Keystone Exams or ACT tests and a minimum score of
basic on the other Keystone Exam or ACT test used to calculate
the composite score under paragraph (1).
Section 1073.1. Performance Review.--(a) In addition to any
other requirements provided for under this act, the employment
contract for a district superintendent or assistant district
superintendent shall include objective performance standards
mutually agreed to in writing by the board of school directors
and the district superintendent or assistant district
superintendent. The objective performance standards may be based
upon the following:
* * *
(3) achievement on Keystone Exams or ACT tests;
* * *
Section 4. The definitions of "assessment" and "data-
available teacher" in section 1138.1 of the act are amended to
read:
Section 1138.1. Definitions.
The following words and phrases when used in this subarticle
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Assessment." The Pennsylvania System of School Assessment
test, the Keystone Exams, or ACT tests or another test
established or approved by the State Board of Education or
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approved by an act of the General Assembly to meet the
requirements of section 2603-B(d)(10)(i) and the requirements of
the Every Student Succeeds Act (Public Law 114-95, 129 Stat.
1802) or its successor statute or required to achieve other
standards established by the department for the school or school
district.
* * *
"Data-available teacher." A classroom teacher who is a
professional employee teaching English, language arts,
mathematics, science or other content areas as assessed by an
assessment, including the Pennsylvania System of School
Assessment [and], Keystone Exams and ACT tests.
* * *
Section 5. Section 1331.1(c)(5) of the act is amended to
read:
Section 1331.1. Assisting Students Experiencing Education
Instability.--* * *
(c) A school entity shall work to ensure that a student
experiencing education instability graduates in a timely manner.
The following shall apply:
* * *
(5) After exhausting all other options under this section, a
student who has successfully satisfied the requirements of
section 121(c), (c.1) or (c.3) in any school year in which
demonstration of proficiency on a Keystone Exam or ACT test is
required for high school graduation, but who cannot obtain a
diploma from a receiving school entity, shall as a last resort
be eligible to obtain a Statewide secondary school diploma,
known as the Keystone Diploma, issued by the department. The
point of contact shall assist the student in obtaining the
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Keystone Diploma.
* * *
Section 6. The definition of "State assessment" in section
1502-I of the act is amended by adding a paragraph to read:
Section 1502-I. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"State assessment." Any of the following:
* * *
(2.1) The ACT tests.
* * *
Section 7. The definition of "assessment" in section 2002-B
of the act is amended to read:
Section 2002-B. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Assessment." The Pennsylvania System of School Assessment
test, the Keystone Exam, an ACT test, an equivalent local
assessment or another test established or approved by the State
Board of Education or the General Assembly to meet the
requirements of section 2603-B(d)(10)(i), or required under the
Every Student Succeeds Act (Public Law 114-95, 129 Stat. 1802)
or its successor statute or another test required to achieve
other standards established by the Department of Education for
the public school or school district under 22 Pa. Code § 403.3
(relating to single accountability system).
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* * *
Section 8. All regulations and parts of regulations are
abrogated to the extent of any inconsistency with the provisions
of this act.
Section 9. This act shall take effect as follows:
(1) Section 8 of this act shall take effect July 1,
2027, or immediately, whichever is later.
(2) The remainder of this act shall take effect
immediately.
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