PRIOR PRINTER'S NO. 61 PRINTER'S NO. 2096
No. 71 Session of 2005
INTRODUCED BY GREENLEAF, RAFFERTY, COSTA, PUNT, WONDERLING,
KITCHEN, RHOADES, TARTAGLIONE, ORIE, O'PAKE, BOSCOLA, STACK
AND WASHINGTON, JANUARY 31, 2005
SENATOR RHOADES, EDUCATION, AS AMENDED, SEPTEMBER 26, 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," further providing for Office for Safe
6 Schools; and requiring the establishment of policies relating
7 to bullying.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 1302-A(c) of the act of March 10, 1949
11 (P.L.30, No.14), known as the Public School Code of 1949,
12 amended June 26, 1999 (P.L.394, No.36), is amended to read:
13 Section 1302-A. Office for Safe Schools.--* * *
14 (c) In addition to the powers and duties set forth under
15 subsection (a), the office is authorized to make targeted grants
16 to schools to fund programs which address school violence,
17 including, but not limited to, the following programs:
18 (1) Conflict resolution or dispute management.
19 (2) Peer helpers programs.
20 (3) Risk assessment, safety-related or violence prevention
1 curricula.
2 (4) Classroom management.
3 (5) Student codes of conduct.
4 (6) Training to undertake a districtwide assessment of risk
5 factors that increase the likelihood of problem behaviors among
6 students.
7 (7) Development and implementation of research-based
8 violence prevention programs that address risk factors to reduce
9 incidents of problem behaviors among students including, but not
10 limited to, bullying.
11 (8) Comprehensive, districtwide school safety and violence
12 prevention plans.
13 (9) Security planning, purchase of security-related
14 technology which may include metal detectors, protective
15 lighting, surveillance equipment, special emergency
16 communications equipment, electronic locksets, deadbolts and
17 theft control devices and training in the use of security-
18 related technology. Security planning and purchase of security-
19 related technology shall be based on safety needs identified by
20 the school entity's board of directors.
21 (10) Institution of student, staff and visitor
22 identification systems.
23 (11) Establishment or enhancement of school security
24 personnel, including school resource officers.
25 (12) Provision of specialized staff and student training
26 programs, including training for Student Assistance Program team
27 members in elementary, middle and high schools in the referral
28 of students at risk of violent behavior to appropriate
29 community-based services, including mental health services.
30 (13) Alternative education programs provided for in Article
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1 XIX-C.
2 (14) Counseling services for students enrolled in
3 alternative education programs.
4 * * *
5 Section 2. The act is amended by adding a section to read:
6 Section 1303.1-A. Policy Relating to Bullying.--(a) All <--
7 school entities shall, within one hundred twenty (120) days of
8 the effective date of this section, address bullying through
9 either an inclusive or specific policy, the school entity's code
10 of student conduct, or other written means. The policy or code
11 of conduct shall delineate discipline consequences for bullying
12 and may provide for prevention, intervention and education
13 programs.
14 (b) No school entity shall be required to establish a new
15 policy if one currently exists and reasonably fulfills the
16 requirements of this subsection.
17 (c) All school entities shall annually report to the office
18 on their policy concerning bullying under subsection (a),
19 including information related to the development and
20 implementation of any bullying prevention, intervention and
21 education programs. The annual report may be attached to or made
22 part of any other annual report that the school entities must
23 submit to the office.
24 (d) For purposes of this section:
25 (1) The term "bullying" shall mean repeated and systematic
26 harassment or attacks on another, perpetrated by a student or
27 group of students, in the school, on school grounds, in school
28 vehicles, to or from school, or at school sponsored activities
29 or sanctioned events and that has the effect of:
30 (i) physically harming a student or damaging a student's
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1 property;
2 (ii) knowingly placing a student in reasonable fear of
3 physical harm to the student or damage to the student's
4 property; or
5 (iii) placing severe mental or emotional distress upon the
6 student.
7 (2) An intervention program shall refer to any program
8 designed to address mental health needs including, but not
9 limited to, psychological services, parent education and
10 counseling, counseling services, behavior support or conflict
11 resolution programs.
12 SECTION 1303.1-A. POLICY RELATING TO BULLYING.--(A) NO <--
13 LATER THAN JUNE 30, 2007, EACH SCHOOL ENTITY SHALL ADOPT A
14 POLICY RELATING TO BULLYING OR AMEND THE SCHOOL ENTITY'S CODE OF
15 STUDENT CONDUCT REQUIRED UNDER 22 PA. CODE § 12.3(C) (RELATING
16 TO SCHOOL RULES) TO INCLUDE PROVISIONS RELATING TO BULLYING. THE
17 POLICY OR AMENDMENT TO THE CODE OF STUDENT CONDUCT SHALL
18 DELINEATE DISCIPLINE CONSEQUENCES FOR BULLYING AND MAY PROVIDE
19 FOR PREVENTION, INTERVENTION AND EDUCATION PROGRAMS, PROVIDED,
20 THAT NO SCHOOL ENTITY SHALL BE REQUIRED TO ESTABLISH A NEW
21 POLICY UNDER THIS SECTION IF ONE CURRENTLY EXISTS AND REASONABLY
22 FULFILLS THE REQUIREMENTS OF THIS SECTION.
23 (B) EACH SCHOOL ENTITY SHALL DISTRIBUTE THE POLICY RELATING
24 TO BULLYING WITH THE CODE OF STUDENT CONDUCT REQUIRED UNDER 22
25 PA. CODE § 12.3(C) AND SHALL MAKE THE POLICY AVAILABLE ON ITS
26 PUBLICLY ACCESSIBLE INTERNET WEBSITE.
27 (C) EACH SCHOOL ENTITY SHALL REVIEW ITS POLICY EVERY THREE
28 YEARS AND ANNUALLY PROVIDE THE OFFICE WITH A COPY OF ITS POLICY
29 RELATING TO BULLYING, INCLUDING INFORMATION RELATED TO THE
30 DEVELOPMENT AND IMPLEMENTATION OF ANY BULLYING PREVENTION,
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1 INTERVENTION AND EDUCATION PROGRAMS. THE INFORMATION REQUIRED
2 UNDER THIS SUBSECTION SHALL BE ATTACHED TO OR MADE PART OF THE
3 ANNUAL REPORT REQUIRED UNDER SECTION 1303-A(B).
4 (D) FOR THE PURPOSES OF THIS SECTION, "BULLYING" SHALL HAVE
5 THE SAME MEANING AS IT IS GIVEN IN THE SECTION RELATED TO
6 DEFINITIONS IN THE ANNUAL REPORT ON SCHOOL VIOLENCE AND WEAPON
7 POSSESSION THAT SCHOOL ENTITIES ARE REQUIRED TO COMPLETE
8 PURSUANT TO SECTION 1303-A(B).
9 Section 3. This act shall take effect in 60 days.
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