HB 727 — 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, 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.

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
 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, further
 6      providing for definitions, for Keystone Exams and graduation
 7      requirements and for special provisions applicable to the
 8      Keystone Exams, graduation requirements and alternative
 9      competency assessment; in district superintendents and
10      assistant district superintendents, further providing for
11      performance review; in professional employees, further
12      providing for definitions; in pupils and attendance, further
13      providing for assisting students experiencing education
14      instability; in E-chievement Program, further providing for
15      definitions; and, in educational tax credits, further
16      providing for definitions.
17      The General Assembly of the Commonwealth of Pennsylvania
18   hereby enacts as follows:
19      Section 1.    Section 102 of the act of March 10, 1949 (P.L.30,
20   No.14), known as the Public School Code of 1949, is amended by
21   adding a definition to read:
22      Section 102.    Definitions.--When used in this act the
23   following words and phrases shall have the following meanings:
24      * * *
25      "ACT test."    A standardized test for the assessment of
 1   college readiness administered by ACT.
 2         * * *
 3         Section 2.   Section 121(a), (c) introductory paragraph and
 4   (1), (c.1) introductory paragraph, (1), (2) introductory
 5   paragraph, (iii) and (iv), (3) introductory paragraph and (ii)
 6   (C) and (4), (c.2)(1) introductory paragraph and (i), (c.3)
 7   introductory paragraph, (2)(i)(A) and (4), (c.4) introductory
 8   paragraph, (c.7), (c.8), (c.9) and (c.11)(5)(i) and the
 9   definitions of "ACT" and "approved alternative assessment" in
10   subsection (d) of the act are amended to read:
11         Section 121.   Keystone Exams and Graduation Requirements.--
12   (a)    The department shall develop and implement Keystone Exams
13   in algebra I, literature and biology. [The State Board of
14   Education shall promulgate or revise regulations, subject to the
15   act of June 25, 1982 (P.L.633, No.181), known as the "Regulatory
16   Review Act," necessary to implement this section.] By July 1,
17   2027, the department shall approve the ACT test to be used for
18   evaluating student performance in algebra I, literature and
19   biology. After July 1, 2027, the implementation of the Keystone
20   Exam shall cease.
21         * * *
22         (c)   Notwithstanding section 2604-B(b)(2)(v), 22 Pa. Code §
23   4.24 or 4.51 or any statute or regulation to the contrary, in
24   any school year in which a demonstration of proficiency on a
25   Keystone Exam or ACT test is required for high school
26   graduation, a CTE Concentrator shall be deemed proficient
27   provided that the CTE Concentrator shall meet all of the
28   following requirements:
29         (1)   completes locally established grade-based requirements
30   for academic content areas associated with each Keystone Exam or

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 1   ACT test on which the CTE Concentrator did not achieve
 2   proficiency. For the purposes of this paragraph, completion of
 3   grade-based requirements in any science and technology and
 4   environment and ecology course shall satisfy the requirements
 5   for the academic content area associated with the Keystone Exam
 6   or ACT test in biology; and
 7      * * *
 8      (c.1)    Notwithstanding section 2604-B(b)(2)(v), 22 Pa. Code §
 9   4.24, 4.51 or 4.51c or any statute or regulation to the
10   contrary, in any school year in which a demonstration of
11   proficiency on a Keystone Exam or ACT test is required for high
12   school graduation, a student shall be deemed proficient if the
13   student demonstrates one of the following:
14      (1)    Attainment of a satisfactory composite score under
15   subsection (c.2) on the Keystone Exams or ACT test in algebra I,
16   literature and biology.
17      (2)    Successful completion of locally established, grade-
18   based requirements for academic content areas associated with
19   each Keystone Exam or ACT test on which the student did not
20   achieve at least a proficient score and demonstration of one of
21   the following:
22      * * *
23      (iii)    Attainment of an established score on an Advanced
24   Placement Program exam in an academic content area associated
25   with each Keystone Exam or ACT test on which the student did not
26   achieve at least a proficient score.
27      (iv)    Attainment of an established score on an International
28   Baccalaureate Diploma Program exam in an academic content area
29   associated with each Keystone Exam or ACT test on which the
30   student did not achieve at least a proficient score.

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 1      * * *
 2      (3)    Successful completion of locally established, grade-
 3   based requirements for academic content areas associated with
 4   each Keystone Exam or ACT test on which the student did not
 5   achieve at least a proficient score and demonstration of three
 6   pieces of evidence that reflect readiness for meaningful
 7   postsecondary engagement consistent with the student's goals and
 8   career plan, which shall include:
 9      * * *
10      (ii)    Two additional pieces of evidence from a list
11   established by the secretary and approved by the State Board of
12   Education, which shall include, but not be limited to:
13      * * *
14      (C)    Attainment of a score of proficient or advanced on a
15   Keystone Exam or ACT test.
16      * * *
17      (4)    For the purposes of this subsection, completion of
18   grade-based requirements in any science and technology and
19   environment and ecology course shall satisfy the requirements
20   for the academic content area associated with the Keystone Exam
21   or ACT test in biology.
22      (c.2)     (1)   No later than July 30, [2019] 2027, the secretary
23   shall recommend, and the State Board of Education shall approve,
24   the satisfactory composite score a student must attain in order
25   to meet the requirements of this section. The satisfactory
26   composite score established under this paragraph shall:
27      (i)    Require a student to achieve at least a proficient score
28   on at least one of the three Keystone Exams or ACT test and no
29   less than a basic score on the two remaining Keystone Exams or
30   ACT tests.

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 1      * * *
 2      (c.3)   A chief school administrator may grant a waiver of the
 3   requirements for demonstrations of proficiency on the Keystone
 4   Exams or ACT tests or the requirements of subsection (c) or
 5   (c.1) for a student in grade twelve or to accommodate a student
 6   who experiences extenuating circumstances. The following shall
 7   apply:
 8      * * *
 9      (2)   If the waivers granted by a chief school administrator
10   exceed five percent (5%) of students in the graduating class in
11   two (2) consecutive school years, the following shall occur:
12      (i)   The department shall conduct an audit of the school
13   entity to assess the following:
14      (A)   The alignment of the coursework offered by the school
15   entity with the State academic standards assessed by each
16   Keystone Exam or ACT test.
17      * * *
18      (4)   Each student granted a waiver under this subsection
19   shall complete locally established, grade-based requirements for
20   academic content areas associated with each Keystone Exam or ACT
21   test.
22      * * *
23      (c.4)   A school entity may offer supplemental instruction to
24   a student who does not demonstrate at least proficiency on a
25   Keystone Exam or ACT test or on a locally validated assessment
26   under 22 Pa. Code § 4.24. The supplemental instruction:
27      * * *
28      (c.7)   A student who achieves a score of proficient or
29   advanced on a Keystone Exam or ACT test shall only be permitted
30   to retake the exam if the student or parent submits a request in

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 1   writing to the school entity.
 2      (c.8)    When a student transfers from an out-of-State school
 3   to a school entity in this Commonwealth, the student's school
 4   entity shall determine whether the student's performance on out-
 5   of-State coursework and assessments that are aligned with the
 6   State academic standards assessed by each Keystone Exam or ACT
 7   test satisfy the requirements of this section.
 8      (c.9)    The performance level demonstrated in each of the
 9   State academic standards, including the highest performance
10   level demonstrated by a student on the associated Keystone Exam
11   or ACT test, may be included on a student's transcript as
12   determined by each school entity.
13      * * *
14      (c.11)    No later than December 1, 2022, and each December 1
15   thereafter, each school entity shall submit a report to the
16   department which shall be posted by January 15 of each year on
17   the department's publicly accessible Internet website. The
18   report shall contain, at a minimum, the following:
19      * * *
20      (5)   Total number of students who graduated by demonstrating
21   proficiency under each of the following:
22      (i)   the achievement of the required score on all three (3)
23   Keystone Exams or ACT tests;
24      * * *
25      (d)   As used in this section, the following words and phrases
26   shall have the meanings given to them in this subsection unless
27   the context clearly indicates otherwise:
28      * * *
29      ["ACT."   A standardized test for the assessment of college
30   readiness administered by ACT.]

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 1      * * *
 2      "Approved alternative assessment."   A SAT, PSAT, ACT test or
 3   Armed Services Vocational Aptitude Battery test.
 4      * * *
 5      Section 3.   Sections 121.1 and 1073.1(a)(3) of the act are
 6   amended to read:
 7      Section 121.1.   Special Provisions Applicable to the Keystone
 8   Exams, ACT tests, Graduation Requirements and Alternative
 9   Competency Assessment.--(a)   For the 2019-2020 school year and
10   any subsequent school year in which the Federal Government has
11   waived the testing and accountability requirements of the
12   Elementary and Secondary Education Act of 1965 (Public Law 89-
13   10, 20 U.S.C. § 6301 et seq.), as amended by the Every Student
14   Succeeds Act (Public Law 114-95, 129 Stat. 1802), any student
15   who completed a course in an academic content area associated
16   with a Keystone Exam or ACT test shall not be required to take
17   the Keystone Exam or ACT test related to that course and shall
18   be deemed proficient for purposes of sections 121 and 2604-B(b)
19   (2)(v) and 22 Pa. Code § 4.24 (relating to high school
20   graduation requirements), provided that the student demonstrates
21   successful completion of locally established, grade-based
22   requirements for the academic content areas associated with each
23   Keystone Exam or ACT test.
24      (b)   Notwithstanding section 2604-B(b)(2)(v), 22 Pa. Code §
25   4.24, 4.51 (relating to state assessment system) or 4.51c
26   (relating to project-based assessment) or any statute or
27   regulation to the contrary, in any school year in which a
28   demonstration of proficiency on a Keystone Exam or ACT test is
29   required for high school graduation, a student subject to this
30   section shall be deemed proficient if the student meets all of

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 1   the following requirements:
 2      (1)   Demonstrates attainment of a satisfactory composite
 3   score of at least 2939, using the highest scores attained by the
 4   student on two of the three Keystone Exams or ACT tests in
 5   algebra I, literature and biology.
 6      (2)   Achieves a minimum score of proficient on at least one
 7   of the two Keystone Exams or ACT tests and a minimum score of
 8   basic on the other Keystone Exam or ACT test used to calculate
 9   the composite score under paragraph (1).
10      Section 1073.1.     Performance Review.--(a)   In addition to any
11   other requirements provided for under this act, the employment
12   contract for a district superintendent or assistant district
13   superintendent shall include objective performance standards
14   mutually agreed to in writing by the board of school directors
15   and the district superintendent or assistant district
16   superintendent. The objective performance standards may be based
17   upon the following:
18      * * *
19      (3)   achievement on Keystone Exams or ACT tests;
20      * * *
21      Section 4.     The definitions of "assessment" and "data-
22   available teacher" in section 1138.1 of the act are amended to
23   read:
24   Section 1138.1.    Definitions.
25      The following words and phrases when used in this subarticle
26   shall have the meanings given to them in this section unless the
27   context clearly indicates otherwise:
28      "Assessment."     The Pennsylvania System of School Assessment
29   test, the Keystone Exams, or ACT tests or another test
30   established or approved by the State Board of Education or

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 1   approved by an act of the General Assembly to meet the
 2   requirements of section 2603-B(d)(10)(i) and the requirements of
 3   the Every Student Succeeds Act (Public Law 114-95, 129 Stat.
 4   1802) or its successor statute or required to achieve other
 5   standards established by the department for the school or school
 6   district.
 7      * * *
 8      "Data-available teacher."    A classroom teacher who is a
 9   professional employee teaching English, language arts,
10   mathematics, science or other content areas as assessed by an
11   assessment, including the Pennsylvania System of School
12   Assessment [and], Keystone Exams and ACT tests.
13      * * *
14      Section 5.   Section 1331.1(c)(5) of the act is amended to
15   read:
16      Section 1331.1.    Assisting Students Experiencing Education
17   Instability.--* * *
18      (c)   A school entity shall work to ensure that a student
19   experiencing education instability graduates in a timely manner.
20   The following shall apply:
21      * * *
22      (5)   After exhausting all other options under this section, a
23   student who has successfully satisfied the requirements of
24   section 121(c), (c.1) or (c.3) in any school year in which
25   demonstration of proficiency on a Keystone Exam or ACT test is
26   required for high school graduation, but who cannot obtain a
27   diploma from a receiving school entity, shall as a last resort
28   be eligible to obtain a Statewide secondary school diploma,
29   known as the Keystone Diploma, issued by the department. The
30   point of contact shall assist the student in obtaining the

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 1   Keystone Diploma.
 2      * * *
 3      Section 6.     The definition of "State assessment" in section
 4   1502-I of the act is amended by adding a paragraph to read:
 5   Section 1502-I.    Definitions.
 6      The following words and phrases when used in this article
 7   shall have the meanings given to them in this section unless the
 8   context clearly indicates otherwise:
 9      * * *
10      "State assessment."     Any of the following:
11          * * *
12          (2.1)    The ACT tests.
13          * * *
14      Section 7.     The definition of "assessment" in section 2002-B
15   of the act is amended to read:
16   Section 2002-B.    Definitions.
17      The following words and phrases when used in this article
18   shall have the meanings given to them in this section unless the
19   context clearly indicates otherwise:
20      * * *
21      "Assessment."    The Pennsylvania System of School Assessment
22   test, the Keystone Exam, an ACT test, an equivalent local
23   assessment or another test established or approved by the State
24   Board of Education or the General Assembly to meet the
25   requirements of section 2603-B(d)(10)(i), or required under the
26   Every Student Succeeds Act (Public Law 114-95, 129 Stat. 1802)
27   or its successor statute or another test required to achieve
28   other standards established by the Department of Education for
29   the public school or school district under 22 Pa. Code § 403.3
30   (relating to single accountability system).

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1      * * *
2      Section 8.    All regulations and parts of regulations are
3   abrogated to the extent of any inconsistency with the provisions
4   of this act.
5      Section 9.    This act shall take effect as follows:
6          (1)     Section 8 of this act shall take effect July 1,
7      2027, or immediately, whichever is later.
8          (2)     The remainder of this act shall take effect
9      immediately.




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