PRIOR PRINTER'S NO. 2952 PRINTER'S NO. 3476
No. 2178 Session of 2003
INTRODUCED BY DiGIROLAMO, BAKER, BALDWIN, BELFANTI, BISHOP,
BROWNE, CAUSER, CORRIGAN, CRUZ, DONATUCCI, FRANKEL, GOODMAN,
HERSHEY, LaGROTTA, LEACH, LEDERER, MUNDY, O'NEILL, PETRI,
READSHAW, SCHRODER, SHANER, STABACK, E. Z. TAYLOR, WATSON,
WEBER, YOUNGBLOOD, DeLUCA, WASHINGTON AND WANSACZ,
NOVEMBER 19, 2003
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 17, 2004
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," further providing for Office for Safe
6 Schools; and requiring ENCOURAGING the establishment of <--
7 prevention of pupil harassment, BULLYING AND INTIMIDATION <--
8 policies.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 1302-A(c) of the act of March 10, 1949
12 (P.L.30, No.14), known as the Public School Code of 1949,
13 amended June 26, 1999 (P.L.394, No.36), is amended to read:
14 Section 1302-A. Office for Safe Schools.--* * *
15 (c) In addition to the powers and duties set forth under
16 subsection (a), the office is authorized to make targeted grants
17 to schools to fund programs which address school violence,
18 including, but not limited to, the following programs:
1 (1) Conflict resolution or dispute management.
2 (2) Peer helpers programs.
3 (3) Risk assessment, safety-related or violence prevention
4 curricula.
5 (4) Classroom management.
6 (5) Student codes of conduct.
7 (6) Training to undertake a districtwide assessment of risk
8 factors that increase the likelihood of problem behaviors among
9 students.
10 (7) Development and implementation of research-based
11 violence prevention programs that address risk factors to reduce
12 incidents of problem behaviors among students, including pupil <--
13 harassment, also known as bullying HARASSMENT, BULLYING AND <--
14 INTIMIDATION.
15 (8) Comprehensive, districtwide school safety and violence
16 prevention plans.
17 (9) Security planning, purchase of security-related
18 technology which may include metal detectors, protective
19 lighting, surveillance equipment, special emergency
20 communications equipment, electronic locksets, deadbolts and
21 theft control devices and training in the use of security-
22 related technology. Security planning and purchase of security-
23 related technology shall be based on safety needs identified by
24 the school entity's board of directors.
25 (10) Institution of student, staff and visitor
26 identification systems.
27 (11) Establishment or enhancement of school security
28 personnel, including school resource officers.
29 (12) Provision of specialized staff and student training
30 programs, including training for Student Assistance Program team
20030H2178B3476 - 2 -
1 members in elementary, middle and high schools in the referral
2 of students at risk of violent behavior to appropriate
3 community-based services, including mental health services.
4 (13) Alternative education programs provided for in Article
5 XIX-C.
6 (14) Counseling services for students enrolled in
7 alternative education programs.
8 * * *
9 Section 2. The act is amended by adding a section to read:
10 Section 1303.1-A. Prevention of Pupil Harassment Policies <--
11 HARASSMENT, BULLYING AND INTIMIDATION.--(a) The school board of <--
12 directors in every school district shall adopt policies to
13 prevent pupil harassment, also known as bullying, within one
14 hundred eighty (180) days of the effective date of this section.
15 (b) The school board of directors shall not be required to
16 establish a new policy if one currently exists and reasonably
17 fulfills the requirements of this section.
18 (c) The policies shall do all of the following:
19 (1) Clearly define conduct that constitutes bullying.
20 (2) Prohibit bullying while on school property, at school-
21 sponsored activities and on school buses.
22 (3) State the consequences for engaging in the prohibited
23 conduct, which may vary depending on the age or grade of the
24 student involved.
25 (4) Require that a school employe who has witnessed or has
26 reliable information that a pupil has been a victim of bullying
27 as defined by the district shall report the incident to the
28 principal.
29 (5) Require that notice of what constitutes bullying, that
30 bullying is prohibited and the consequences of engaging in
20030H2178B3476 - 3 -
1 bullying be conspicuously posted in every classroom, cafeteria,
2 restroom, gymnasium, auditorium and school bus in the district.
3 (6) Require that copies of the notice of what constitutes
4 bullying, that bullying is prohibited, and the consequences of
5 engaging in bullying be provided to parents, students, school
6 volunteers and employes. Each policy shall require that a full
7 copy of the policy be made available upon request.
8 (d) A school employe who has reported violations under the
9 school district's policy shall be immune from any tort liability
10 that may arise from the failure to remedy the reported incident.
11 (e) The school district
12 (A) SCHOOL ENTITIES ARE HEREBY ENCOURAGED TO ADOPT OR AMEND <--
13 IF NECESSARY POLICIES PROHIBITING THE HARASSMENT, BULLYING OR
14 INTIMIDATION OF ANY STUDENT AND TO SHARE SUCH POLICIES WITH THE
15 PARENTS, GUARDIANS, STUDENTS, VOLUNTEERS, VENDORS AND SCHOOL
16 EMPLOYES OF THE SCHOOL ENTITY.
17 (B) THE POLICIES MAY CONTAIN THE FOLLOWING, BUT SHALL NOT BE
18 LIMITED TO:
19 (1) A DEFINITION OF CONDUCT THAT CONSTITUTES HARASSMENT,
20 BULLYING AND INTIMIDATION.
21 (2) A STATEMENT PROHIBITING HARASSMENT, BULLYING AND
22 INTIMIDATION WHILE ON SCHOOL PROPERTY, AT SCHOOL-SPONSORED
23 ACTIVITIES AND WHILE TRAVELING TO OR FROM SCHOOL OR SCHOOL-
24 SPONSORED ACTIVITIES.
25 (3) A STATEMENT OF CONSEQUENCES FOR ENGAGING IN HARASSMENT,
26 BULLYING OR INTIMIDATION.
27 (C) WITHIN ONE HUNDRED EIGHTY (180) DAYS OF THE EFFECTIVE
28 DATE OF THIS SECTION, THE DEPARTMENT OF EDUCATION SHALL
29 ESTABLISH A CLEARINGHOUSE OF MATERIALS RELATED TO HARASSMENT,
30 BULLYING AND INTIMIDATION, INCLUDING TRAINING MATERIALS, A
20030H2178B3476 - 4 -
1 SYSTEM FOR REVIEWING AND EVALUATING HARASSMENT, BULLYING AND
2 INTIMIDATION POLICIES AND MATERIALS SUBMITTED BY SCHOOL ENTITIES
3 FOR WORLD WIDE WEB SITE DISTRIBUTION, AND A COMPUTER DATABASE TO
4 MAKE THE INFORMATION ON HARASSMENT, BULLYING AND INTIMIDATION
5 AVAILABLE FOR REVIEW BY SCHOOL ENTITIES. AT A MINIMUM, POLICIES
6 AND TRAINING MATERIALS SHALL BE PROVIDED TO SCHOOL ENTITIES
7 EITHER THROUGH THE OFFICE FOR SAFE SCHOOLS OR THROUGH THE
8 DEPARTMENT OF EDUCATION'S WORLD WIDE WEB SITE.
9 (D) SCHOOL ENTITIES MAY SUBMIT MATERIALS RELATED TO
10 HARASSMENT, BULLYING AND INTIMIDATION TO THE DEPARTMENT OF
11 EDUCATION FOR CLEARINGHOUSE INCORPORATION AND DISTRIBUTION. AT
12 ITS DISCRETION, THE DEPARTMENT OF EDUCATION MAY INCLUDE SUCH
13 MATERIALS IN THE COMPUTER DATABASE REQUIRED UNDER SUBSECTION
14 (C).
15 (E) A SCHOOL ENTITY may provide opportunities for school
16 employes to participate in programs or other activities designed
17 to develop the knowledge and skills to prevent and respond to
18 acts covered by their policy.
19 (f) The following shall apply: <--
20 (1) The school district shall file with the Department of
21 Education a copy of the policies adopted in compliance with this
22 section.
23 (2) The Department of Education shall review the policies
24 provided by the school districts and may recommend changes or
25 improvements to the districts if the Department of Education
26 determines that the policies need improvement.
27 (F) AS USED IN THIS SECTION, THE TERM "SCHOOL ENTITY" MEANS <--
28 A SCHOOL DISTRICT, INTERMEDIATE UNIT, AREA VOCATIONAL-TECHNICAL
29 SCHOOL OR CHARTER SCHOOL OPERATING WITHIN THIS COMMONWEALTH
30 UNDER THE PROVISIONS OF THIS ACT.
20030H2178B3476 - 5 -
1 Section 3. This act shall take effect in 60 days. <--
2 IMMEDIATELY. <--
J21L24MSP/20030H2178B3476 - 6 -