PRINTER'S NO. 821
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
845
Session of
2023
INTRODUCED BY GUZMAN, MADDEN, KAZEEM, SCHLOSSBERG, HILL-EVANS,
HANBIDGE, SANCHEZ, CEPEDA-FREYTIZ, MALAGARI, OTTEN, KINKEAD,
WAXMAN AND BURGOS, APRIL 10, 2023
REFERRED TO COMMITTEE ON EDUCATION, APRIL 10, 2023
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 restorative approaches for student discipline.
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 130. Restorative Approaches for Student
Discipline.--(a) Notwithstanding any other provision of law or
regulation, a principal, vice principal or other employe of a
public school entity may not administer corporal punishment to
discipline a student of the public school entity.
(b) The department shall:
(1) Establish guidelines that define a State code of
discipline for public school entities, including:
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(i) Standards of conduct:
(A) that are designed to create and maintain the atmosphere
of order and discipline necessary for effective learning; and
(B) whose primary purpose emphasizes disciplinary measures
that are rehabilitative and educational in nature and that
involve a restorative approach.
(ii) The availability of educational and behavioral
interventions, restorative approaches, counseling and student
and parent conferencing.
(iii) The establishment of alternative programs, which may
include in-school suspension, suspension, expulsion or other
disciplinary measures that are deemed appropriate.
(iv) Consequences for violations of the standards of conduct
under subparagraph (i).
(2) On request, provide technical assistance and training to
public school entities on the use of restorative approaches.
(3) Assist public school entities with the implementation of
the guidelines under paragraph (1).
(4) Collect data on alternative school discipline practices
in public school entities, including:
(i) The types of alternative school discipline practices
that are used.
(ii) The type of misconduct for which an alternative school
discipline practice is used.
(c) Each public school entity shall cooperate with the
department in providing information under this section.
(d) The following apply to annual reports:
(1) On or before each October 1, the department shall issue
an annual report on student discipline data in public school
entities, which includes the following:
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(i) A description of the disciplinary practices and policies
at public school entities.
(ii) The use of restorative approaches at public school
entities.
(iii) The types of disciplinary actions taken by public
school entities, with nonidentifying student information
disaggregated by race, ethnicity, gender, disability status,
English language proficiency and eligibility for free or
reduced-price meals or an equivalent measure of socioeconomic
status.
(iv) Alternative school discipline practices as described in
subsection (b)(4).
(2) Each annual report shall be submitted to:
(i) The Governor.
(ii) The chairperson and minority chairperson of the
Education Committee of the Senate.
(iii) The chairperson and minority chairperson of the
Education Committee of the House of Representatives.
(3) Each annual report shall be posted on the publicly
accessible Internet website of the department.
(e) 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:
"Alternative school discipline practice." A discipline
practice used in a public school entity that is not an in-school
suspension or out-of-school suspension.
"Department." The Department of Education of the
Commonwealth.
"Public school entity." A public school, including a school
district, charter school, regional charter school, cyber charter
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school, intermediate unit or area career and technical school
operating within this Commonwealth.
"Restorative approach." As follows:
(1) A relationship-focused student discipline model that:
(i) is primarily preventive and proactive;
(ii) emphasizes building strong relationships and setting
clear behavioral expectations that contribute to the well-being
of the school community;
(iii) is in response to behavior that violates the clear
behavioral expectations that contribute to the well-being of the
public school entity;
(iv) focuses on accountability for any harm done by problem
behavior; and
(v) addresses ways to repair the relationships affected by
problem behavior with the voluntary participation of an
individual who was harmed.
(2) The term includes:
(i) Conflict resolution.
(ii) Mediation.
(iii) Peer mediation.
(iv) A circle process.
(v) A restorative conference.
(vi) Social emotional learning.
(vii) Trauma-informed care.
(viii) Positive behavioral intervention support.
(ix) Rehabilitation.
Section 2. This act shall take effect in 60 days.
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