HB 2039 — 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
 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 preliminary provisions, providing
 6      for innovative assessment and accountability demonstration
 7      authority.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    The act of March 10, 1949 (P.L.30, No.14), known
11   as the Public School Code of 1949, is amended by adding a
12   section to read:
13      Section 135.    Innovative Assessment and Accountability
14   Demonstration Authority.--(a)    The department shall develop an
15   innovative State assessment and accountability system as a pilot
16   program to measure student achievement and growth in this
17   Commonwealth in collaboration with the General Assembly,
18   educators and school leaders, stakeholders representing the
19   interests of children, parents and students.
20      (b)   The department shall hold at least four public hearings
 1   in different geographical areas of this Commonwealth to gather
 2   stakeholder input for the design of the system.
 3      (c)   Upon the conclusion of the public hearings and at least
 4   ninety (90) days prior to May 1, 2026, a final plan shall be
 5   published and posted on the department's publicly accessible
 6   Internet website for public comment for at least thirty (30)
 7   days. The department shall consider comments made by the public
 8   and may revise the plan.
 9      (d)   At least forty-five (45) days prior to May 1, 2026, the
10   department shall provide a notice of intent to submit an
11   Innovative Assessment Demonstration Authority application to the
12   United States Secretary of Education.
13      (e)   By May 1, 2026, the department shall submit the
14   application to the United States Secretary of Education
15   requesting demonstration authority under the Every Student
16   Succeeds Act, 20 U.S.C. § 6364(e) (relating to innovative
17   assessment and accountability demonstration authority).
18      (f)   As used in this section, the following words and phrases
19   shall have the meanings given to them in this subsection unless
20   the context clearly indicates otherwise:
21      "Department."   The Department of Education of the
22   Commonwealth.
23      "Innovative State assessment and accountability system."    A
24   system of assessments that may include:
25      (1)   competency-based assessments, instructionally embedded
26   assessments, interim assessments, cumulative year-end
27   assessments and performance-based assessments that combine into
28   an annual summative determination for a student, or another
29   innovative assessment design that meets the requirements under
30   the Every Student Succeeds Act, that may be administered through

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1   computer adaptive assessments; and
2      (2)   assessments that validate when students are ready to
3   demonstrate mastery or proficiency and allow for differentiated
4   student support based on individual learning needs.
5      Section 2.   This act shall take effect immediately.




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