PRINTER'S NO. 1900
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1616
Session of
2023
INTRODUCED BY LAWRENCE, M. MACKENZIE AND ZIMMERMAN,
AUGUST 15, 2023
REFERRED TO COMMITTEE ON EDUCATION, AUGUST 15, 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 pupils and attendance, further
providing for possession of weapons prohibited; and, in safe
schools, further providing for sworn statement and for
transfer of records.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1317.2 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 subsection to read:
Section 1317.2. Possession of Weapons Prohibited.--* * *
(e.2) A school district receiving a student who transfers
from a public or private school after withdrawing from the
sending public or private school in lieu of expulsion for an act
or offense involving a weapon may assign the student to an
alternative assignment or provide alternative education service
for a period of time to be determined by the receiving school
district.
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* * *
Section 2. Sections 1304-A and 1305-A of the act are amended
to read:
Section 1304-A. Sworn Statement.--(a) Prior to admission to
any school entity, the parent, guardian or other person having
control or charge of a student shall, upon registration, provide
a sworn statement or affirmation stating whether the pupil was
previously or is presently suspended [or], expelled or withdrew
in lieu of suspension or expulsion from any public or private
school of this Commonwealth or any other state for an act or
offense involving weapons, alcohol or drugs or for the wilful
infliction of injury to another person or for any act of
violence committed on school property. The registration shall
include the name of the school from which the student was
expelled [or], suspended or withdrew in lieu of suspension or
expulsion for the above-listed reasons with the dates of
expulsion [or], suspension or withdrawal and shall be maintained
as part of the student's disciplinary record.
(b) Any wilful false statement made under this section shall
be a misdemeanor of the third degree.
Section 1305-A. Transfer of Records.--Whenever a pupil
transfers to another school entity or nonpublic school, a
certified copy of the student's disciplinary record shall be
transmitted to the school entity or nonpublic school to which
the pupil has transferred. The school entity or nonpublic school
to which the student has transferred should request the record.
The sending school entity or nonpublic school shall have ten
(10) days from receipt of the request to supply a certified copy
of the student's disciplinary record, which shall include
pending or concluded disciplinary investigations on the
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transferring student. The requirements of this section apply as
well to transfers between schools within the same school entity.
Section 3. This act shall take effect in 60 days.
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