PRINTER'S NO. 4273
No. 2798 Session of 2006
INTRODUCED BY BENNINGHOFF, BALDWIN, BARRAR, BOYD, CREIGHTON,
FLAHERTY, GEIST, GILLESPIE, GOODMAN, GRUCELA, HERSHEY, LEH,
MARSICO, NAILOR, PHILLIPS, READSHAW, SIPTROTH, B. SMITH,
E. Z. TAYLOR, J. TAYLOR, THOMAS AND YOUNGBLOOD, JUNE 19, 2006
REFERRED TO COMMITTEE ON EDUCATION, JUNE 19, 2006
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," providing for bomb threats
6 prohibited.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10 as the Public School Code of 1949, is amended by adding a
11 section to read:
12 Section 1317.4. Bomb Threats Prohibited.--(a) Except as
13 otherwise provided in this section, a school entity shall expel,
14 for a period of not less than one year, any of the following:
15 (1) A student who is determined to have brought or be in
16 possession of a bomb, a look-alike bomb or bomb-making materials
17 on any school property, at any school-sponsored activity or on
18 any public conveyance providing transportation to a school or
19 school-sponsored activity.
1 (2) A student found to have communicated a bomb threat,
2 whether involving an actual bomb or look-alike bomb.
3 (3) A student who knowingly or wilfully encourages, causes,
4 aids or assists another student in making or communicating a
5 bomb threat.
6 (b) Every school entity shall develop a written policy
7 regarding expulsions for possession of a bomb, look-alike bomb
8 or bomb-making materials or for communicating bomb threats as
9 required under this section. Expulsions shall be conducted
10 pursuant to all applicable regulations.
11 (c) Modifications of expulsion requirements for a student
12 may be made on a case-by-case basis. The superintendent or other
13 chief administrative officer of a school entity shall, in the
14 case of an exceptional student, take all steps necessary to
15 comply with the Individuals with Disabilities Education Act
16 (Public Law 91-230, 20 U.S.C. § 1400 et seq.).
17 (d) The provisions of this section shall not apply to a
18 replica of a bomb or a look-alike bomb being used as part of an
19 approved program in school by an individual who is participating
20 in the program.
21 (e) A school entity receiving a student who transfers from a
22 public or private school during a period of expulsion for an act
23 or an offense involving a bomb, look-alike bomb, bomb-making
24 materials or a bomb threat shall assign that student to
25 alternative assignment or provide alternative education,
26 provided that the assignment may not exceed the period of
27 expulsion.
28 (f) All school entities shall report all incidents involving
29 possession of a bomb, look-alike bomb, bomb-making materials or
30 a bomb threat, prohibited by this section as follows:
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1 (1) The school superintendent or chief administrator shall
2 immediately report the discovery of any bomb, look-alike bomb,
3 bomb-making materials or bomb threat prohibited by this section
4 to law enforcement officials.
5 (2) The school superintendent or chief administrator shall
6 report to the Department of Education and to local law
7 enforcement officials all incidents relating to an expulsion for
8 possession of a bomb, a look-alike bomb or bomb-making materials
9 on school grounds, at school-sponsored activities or on public
10 conveyances providing transportation to a school or school-
11 sponsored activity or for incidents of bomb threats. Reports
12 include all information as required under section 1303-A.
13 (g) In addition to any penalty imposed by law, a student who
14 is disciplined for possessing a bomb, look-alike bomb, bomb-
15 making materials or communicating a bomb threat shall have the
16 incident documented on his disciplinary record pursuant to
17 subsection (a) of this act.
18 (h) A student who fails to immediately report information or
19 knowledge of a bomb threat or the existence of a bomb in a
20 school building, on school property, at a school-sponsored
21 activity or on a public conveyance providing transportation to
22 school or a school-sponsored activity, to a principal, teacher
23 or public conveyance driver may be subject to disciplinary
24 consequences, which may include suspension and/or expulsion.
25 (i) School entities may bring suit against any individual
26 responsible for a violation of this section to seek restitution
27 or other damages permitted by law.
28 (j) All student handbooks shall address the school entity's
29 bomb threat policy and procedures and explain the disciplinary
30 consequences of bomb threats and notify students and parents
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1 that bomb threats violate board policy and civil and criminal
2 law.
3 (k) As used in this section, the following words and phrases
4 shall have the meanings given to them in this subsection unless
5 the context clearly indicates otherwise:
6 "Bomb." As defined in 18 Pa.C.S. § 2715(d) (relating to
7 threat to use weapons of mass destruction).
8 "Bomb threat." Communication, by any means, whether verbal
9 or non-verbal, that a bomb or look-alike bomb exists or will
10 explode, combust, ignite or otherwise cause significant
11 disruption, personal injury, property damage or other harm at
12 any school building, on school property, at a school-sponsored
13 activity or on any public conveyance providing transportation to
14 school or to any school-sponsored activity.
15 Look-alike bomb." Any apparatus or object that conveys the
16 appearance of a bomb.
17 "School entity." Any school district, charter school, area
18 vocational-technical school or non-public or private school
19 located in this Commonwealth.
20 Section 2. This act shall take effect immediately.
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