HB 1535 — 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
 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," in terms and courses of study,
 6      further providing for grading, classification and promotion
 7      of pupils.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    Section 1531 of the act of March 10, 1949
11   (P.L.30, No.14), known as the Public School Code of 1949, is
12   amended to read:
13      Section 1531.    Grading, Classification and Promotion of
14   Pupils.--(a)    Teachers in the public schools shall, under the
15   direction of the proper superintendents of schools, grade and
16   classify the pupils in their schools so that they may pursue the
17   courses of study herein provided for, and all pupils found
18   proficient may be promoted twice each year.
19      (b)   The following shall apply:
20      (1)   No later than one hundred eighty (180) days after the
21   effective date of this subsection, the department shall
 1   establish individual student performance levels aligned with the
 2   PSSA test to identify the levels of individual performance:
 3      (i)    sufficient to demonstrate proficiency relative to the
 4   State academic standards;
 5      (ii)    sufficient to demonstrate advanced achievement relative
 6   to the State academic standards; and
 7      (iii)   insufficient to demonstrate proficiency relative to
 8   the State academic standards and requiring academic improvement.
 9      (2)    Notwithstanding paragraph (1), the department may
10   approve alternative indicators of student performance in
11   determining proficiency relative to State academic standards
12   within the time period specified under paragraph (1). Approved
13   indicators shall meet all of the following criteria:
14      (i)    Provide valid measures of student achievement aligned
15   with State academic standards.
16      (ii)    Include, but not be limited to, performance on school
17   entity-administered assessments, end-of-course assessments,
18   student work products or classroom grades substantiated by
19   student work demonstrating achievement levels.
20      (3)    Performance levels or indicators established under this
21   subsection shall indicate whether a student is more than three
22   (3) years below proficiency in reading or more than four (4)
23   years below proficiency in mathematics.
24      (4)    A student in grade three, four, five, six, seven or
25   eight whose performance on the reading portion of the PSSA test
26   indicates that the student is more than three (3) years below
27   proficiency shall not be promoted to the next grade level unless
28   any of the following apply:
29      (i)    The student's parent or guardian and the school entity
30   agree to an individual improvement plan that may include, but is

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 1   not limited to, summer school, before or after school
 2   instruction, Saturday school or tutoring.
 3      (ii)   The student has previously been retained for academic
 4   reasons for two (2) school years.
 5      (5)    A student in grade three, four, five, six, seven or
 6   eight whose performance on the mathematics portion of the PSSA
 7   test indicates that the student is more than four (4) years
 8   below proficiency shall not be promoted to the next grade level
 9   unless any of the following apply:
10      (i)    The student's parent or guardian and the school entity
11   agree to an individual improvement plan that may include, but is
12   not limited to, summer school, before or after school
13   instruction, Saturday school or tutoring.
14      (ii)   The student has previously been retained for academic
15   reasons for two school years.
16      (6)    A student who continues to demonstrate inadequate
17   performance following a retention year may not be retained for
18   an additional year but shall be provided with an individual
19   improvement plan developed by the school entity in accordance
20   with department regulations. An individual improvement plan
21   shall specify a course of study and required academic
22   improvement activities, which may include summer school,
23   additional instruction or mentoring programs.
24      (7)    To the extent that results from the PSSA test are
25   unavailable, the school entity shall use alternative means to
26   identify students at risk of not achieving proficiency and
27   develop individual improvement plans accordingly.
28      (8)    The department may require a school entity to implement
29   academic improvement activities for a student identified as not
30   proficient under this subsection, including, but not limited to,

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 1   additional instructional time or mentoring.
 2      (9)    A school entity may require student participation in
 3   academic improvement activities in accordance with department
 4   regulations or the school entity's academic policies. A student
 5   who fails to comply with required academic improvement
 6   activities may be subject to the same disciplinary measures
 7   applicable to acts of truancy or absenteeism.
 8      (10)    An academic review committee shall be established by
 9   each school entity to hear parent or guardian appeals regarding
10   the contents of an individual improvement plan. The committee
11   shall include at least one teacher from the grade level to which
12   the student may be promoted.
13      (11)    Paragraphs (4) and (5) shall not apply if the student
14   has been formally classified as having any of the following:
15      (i)    A moderate intellectual disability.
16      (ii)    A severe intellectual disability.
17      (iii)    Autism accompanied by intellectual functioning
18   equivalent to a moderate or severe intellectual disability.
19      (iv)    Multiple disabilities accompanied by intellectual
20   functioning equivalent to a moderate or severe intellectual
21   disability.
22      (12)    The department shall promulgate regulations necessary
23   to implement this subsection.
24      (c)    As used in this section, the following words and phrases
25   shall have the meanings given to them in this subsection unless
26   the context clearly indicates otherwise:
27      "Department."    The Department of Education of the
28   Commonwealth.
29      "School entity."    A school district, intermediate unit, area
30   career and technical school, charter school, cyber charter

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1   school, regional charter school or multiple charter school
2   organization.
3      "Student."   A student enrolled in grades three through eight
4   in any school entity.
5      Section 2.   This act shall take effect in 60 days.




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