THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY R. TAYLOR, BRIGGS, BRADFORD, BRENNAN, CARROLL, CASORIO, DALEY, DONATUCCI, FRANKEL, GIBBONS, GINGRICH, GRUCELA, LENTZ, McGEEHAN, McILVAINE SMITH, MELIO, MURT, M. O'BRIEN, PAYTON, ROCK, SANTARSIERO, SIPTROTH, WAGNER AND YOUNGBLOOD, JUNE 9, 2010

REFERRED TO COMMITTEE ON EDUCATION, JUNE 9, 2010  

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 safe schools, further providing

for policy relating to bullying; and providing for Department

of Education requirements and responsibilities.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1303.1-A of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949, added

July 9, 2008 (P.L.846, No.61), is amended to read:

Section 1303.1-A.  Policy Relating to Bullying.--(a)  No

later than January 1, [2009] 2011, each school entity shall

adopt a policy or amend its existing policy [relating to

bullying] prohibiting harassment, intimidation, bullying and

cyberbullying, and incorporate the policy into the school

entity's code of student conduct required under 22 Pa. Code §

12.3(c) (relating to school rules). The policy shall delineate

disciplinary consequences for bullying and [may provide for

prevention, intervention and education programs, provided that

no school entity shall be required to establish a new policy

under this section if one currently exists and reasonably

fulfills the requirements of this section. The policy shall

identify the appropriate school staff person to receive reports

of incidents of alleged bullying.] shall identify by job title,

the appropriate school staff person to receive reports of

incidents of alleged bullying and the school officials

responsible for ensuring that the policy is implemented. The

school entity shall involve students, parents, administrators,

school staff, school volunteers, community representatives and

local law enforcement agencies in the process of adopting the

policy. The school entity policy shall be implemented in a

manner that is ongoing throughout the school year and integrated

with the school's curriculum, discipline policies and other

violence prevention efforts. Any discipline imposed under the

policy must fall within the school entity's authority under

section 510. The policy shall contain, at a minimum, the

following components:

(1)  (i)  A statement prohibiting harassment, intimidation,

bullying or cyberbullying of a student.

(ii)  A statement prohibiting retaliation or false accusation

against a target, witness or one with reliable information about

an act of bullying, harassment and intimidation.

(iii)  A requirement that all students shall be protected

regardless of their status under the law.

(iv)  A statement that the school entity shall make the

policy available on its publicly accessible Internet website, if

available, in every classroom and shall post the policy at a

prominent location within each school building where such

notices are usually posted.

(v)  A statement that the school entity shall ensure the

policy and procedures for reporting bullying incidents are

reviewed with students within ninety (90) days after their

adoption and thereafter at least once per school year.

(vi)  A statement that the school entity shall review its

policy every three (3) years and annually provide the office

with a copy of its policy prohibiting harassment, intimidation,

bullying and cyberbullying, including information related to the

development and implementation of any harassment, intimidation,

bullying and cyberbullying prevention, intervention and

education programs. The information required under this

subsection shall be attached to or made part of the annual

report required under section 1303-A(b). If the school entity

reports acts of harassment, intimidation, bullying and

cyberbullying to the office in accordance with section 1303-

A(b), it shall report all incidents that qualify as harassment,

intimidation, bullying and cyberbullying.

(vii)  A procedure for providing immediate notification to

the parents or guardian or a victim of harassment, intimidation,

bullying or cyberbullying and the parents or guardian of the

perpetrator of the harassment, intimidation, bullying or

cyberbullying.

(viii)  A statement that the policy shall apply to an

electronic communication, whether or not the act originated on

school property or with school equipment, so long as:

(A)  a reasonable person should know, under the

circumstances, that the act will have the effect of harming a

student or damaging the student's property or placing a student

in reasonable fear of harm to his or her person or damage to his

or her property; and has the effect of isolating or demeaning

any student or group of students in such a way as to cause

substantial disruption in, or substantial interference with, the

orderly operation of the school; or

(B)  the act is directed specifically at students, is

intended for the purpose of disrupting school and has a high

likelihood of succeeding in that purpose.

(2)  (i)  A procedure for reporting an act of harassment,

intimidation, bullying or cyberbullying, including a provision

that permits a person to report the act anonymously. No formal

disciplinary action shall be taken solely on the basis of an

anonymous report.

(ii)  A requirement that any school employe that has reliable

information that would lead a reasonable person to suspect that

a person is a target of harassment, intimidation, bullying or

cyberbullying shall immediately report it to the principal or

the principal's designee.

(iii)  A procedure for each school to document any prohibited

incident that is reported and a procedure to report all

incidents of harassment, intimidation, bullying or cyberbullying

and the resulting consequences, including discipline and

referrals, to the State Board of Education on a semiannual

basis.

(iv)  A procedure for reporting to law enforcement all acts

of harassment, intimidation, bullying or cyberbullying that may

constitute criminal activity.

(v)  A procedure for prompt investigation of reports of

violations and complaints, identifying either the principal or

the principal's designee as the person responsible for the

investigation.

(3)  (i)  Consequences and appropriate remedial action for a

person who commits an act of harassment, intimidation, bullying

or cyberbullying.

(ii)  Consequences and appropriate remedial action for a

student found to have falsely accused another as a means of

retaliation, reprisal or as a means of harassment, intimidation,

bullying or cyberbullying.

(iii)  A strategy for providing counseling or referral to

appropriate services, including guidance, academic intervention

and protection to students, both targets and perpetrators

affected by harassment, intimidation, bullying or cyberbullying

as well as notification and counseling for their family members

if doing so will not otherwise jeopardize the health, well being

and safety of the students.

(iv)  Provisions for the formation of bullying prevention

task forces, programs and other initiatives involving school

staff, pupils, administrators, volunteers, parents, law

enforcement, community members and other stakeholders, as deemed

appropriate by the school entity.

(4)  (i)  Annual training for administrators, school

employees and volunteers who have significant contact with

students in preventing, identifying, responding to and reporting

incidents of harassment, intimidation, bullying or

cyberbullying.

(ii)  An educational program for students and parents in

preventing, identifying, responding to and reporting incidents

of harassment, intimidation, bullying or cyberbullying.

[(b)  Each school entity shall make the policy available on

its publicly accessible Internet website, if available, and in

every classroom. Each school entity shall post the policy at a

prominent location within each school building where such

notices are usually posted. Each school entity shall ensure that

the policy and procedures for reporting bullying incidents are

reviewed with students within ninety (90) days after their

adoption and thereafter at least once each school year.

(c)  Each school entity shall review its policy every three

(3) years and annually provide the office with a copy of its

policy relating to bullying, including information related to

the development and implementation of any bullying prevention,

intervention and education programs. The information required

under this subsection shall be attached to or made part of the

annual report required under section 1303-A(b).]

(d)  In its policy relating to bullying adopted or maintained

under subsection (a), a school entity shall not be prohibited

from defining bullying in such a way as to encompass acts that

occur outside a school setting if those acts meet the

requirements contained in subsection [(e)(1), (3) and (4)] (e)

(1) and (3). If a school entity reports acts of bullying to the

office in accordance with section 1303-A(b), it shall report all

incidents that qualify as bullying under the entity's adopted

definition of that term.

(e)  For purposes of this article, ["bullying" shall mean an

intentional electronic, written, verbal or physical act, or a

series of acts:

(1)  directed at another student or students;

(2)  which occurs in a school setting;

(3)  that is severe, persistent or pervasive; and

(4)  that has the effect of doing any of the following:

(i)  substantially interfering with a student's education;

(ii)  creating a threatening environment; or

(iii)  substantially disrupting the orderly operation of the

school; and] "electronic communication" shall mean any

communication through an electronic device including, but not

limited to, a telephone, cellular phone, computer or page, which

communication included, but is not limited to, e-mail, instant

messaging, text messaging, blogs, mobile phones, pages, online

games and Internet websites; and

"harassment, intimidation, bullying and cyberbullying" shall

mean any written, verbal or physical act, or any electronic

communication including, but not limited to, one shown to be

motivated by a student's actual or perceived race, color,

religion, national origin, ancestry or ethnicity, sexual

orientation, physical, mental, emotional or learning disability,

gender, gender identity and expression or other distinguishing

personal characteristic or based on association with any such

characteristic, when the written verbal or physical act or

electronic communication is:

(1)  directed at another student;

(2)  that occurs in a school setting or through the use of

data, telephone or computer software that is accessed through a

computer, computer system or computer network of any public

educational institution; and

(3)  that has the effect of doing any of the following:

(i)  substantially interfering with a student's educational

opportunities;

(ii)  being so severe, persistent or pervasive that it

creates an intimidating or threatening educational environment;

both in the view of the targeted student and in the view of a

reasonable school official;

(iii)  substantially disrupting the orderly operation of the

school; or

(iv)  physically harming a student or damaging a student's

property; and

"school setting" shall mean in the school, on school grounds,

in school buses, in school vehicles, at a designated bus stop or

at any activity or event sponsored, supervised or sanctioned by

the school.

Section 2.  The act is amended by adding a section to read:

Section 1303.2-A.  Department of Education Requirements and

Responsibilities.--(a)  The Department of Education shall have

the following duties to enforce compliance with section 1303.1-

A:

(1)  Develop a model policy and training materials on the

components that should be included in any school entity policy

developed under section 1303.1-A.

(2)  Periodically review school district programs, activities

and services to determine whether the school boards are

complying with section 1303.1-A.

(3)  Compile and make available to all schools a list of

programs appropriate for the prevention of harassment,

intimidation, bullying or cyberbullying of students.

(4)  Establish and maintain a central repository for the

collection and analysis of information regarding harassment,

intimidation, bullying or cyberbullying.

(5)  Report to the General Assembly annually on the current

levels and nature of harassment, intimidation and bullying in

the schools and the effectiveness of school policies under this

statute in combating harassment, intimidation, bullying or

cyberbullying, including recommendations for appropriate actions

to address identified problems.

(b)  A school employe, school volunteer, student, parent or

guardian who promptly reports in good faith an act of

harassment, intimidation, bullying or cyberbullying to the

appropriate school official designated in the school district's

policy established under section 1303.1-A and who makes this

report in compliance with the procedures set forth in the policy

is immune from a cause of action for damages arising out of the

reporting itself or any failure to remedy the reported incident.

(c)  (1)  Distribution of safe schools funds to a school

district shall be contingent upon the State Board of Education

approval of each school district policy established under

section 1303.1-A. The board's approval of each school district's

policy shall be granted upon certification by the board that the

school district's policy has been submitted to the board and is

in substantial conformity with the board's model policy.

(2)  Distribution of safe schools funds provided to a school

district shall be contingent upon and payable to the school

district upon the school district compliance with all reporting

procedures contained in this section and section 1303.1-A.

(d)  Nothing in this article shall be construed:

(1)  to prevent a target of harassment, intimidation,

bullying or cyberbullying from seeking redress under any other

available law either civil or criminal; or

(2)  to infringe upon the right of a school employe or

student to engage in speech or expression protected by the

Constitution of the United States or the Constitution of

Pennsylvania.

Section 3.  This act shall take effect in 60 days.