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| PRIOR PRINTER'S NOS. 41, 753 | PRINTER'S NO. 1169 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PICCOLA, BROWNE, RAFFERTY, TOMLINSON, ORIE, YAW, O'PAKE, WOZNIAK AND WONDERLING, JANUARY 20, 2009 |
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| SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, JUNE 15, 2009 |
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| AN ACT |
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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, in provisions |
6 | relating to safe schools, for definitions, for the Office for |
7 | Safe Schools and for reporting by school entities. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 1301-A of the act of March 10, 1949 (P.L. |
11 | 30, No.14), known as the Public School Code of 1949, added June |
12 | 30, 1995 (P.L.220, No.26), is amended to read: |
13 | Section 1301-A. Definitions.--As used in this article, |
14 | "Chief school administrator" shall mean the superintendent of |
15 | a public school district, superintendent of an area vocational- |
16 | technical school, executive director of an intermediate unit or |
17 | chief executive officer of a charter school. |
18 | "Commission" shall mean the Pennsylvania Commission on Crime | <-- |
19 | and Delinquency. |
20 | "Office" shall mean the Office for Safe Schools within the | <-- |
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1 | Department of Education. |
2 | "School entity" shall mean any public school district, |
3 | intermediate unit [or], area vocational-technical school or |
4 | charter school. |
5 | "School property" shall mean any public school grounds, any |
6 | school-sponsored activity or any conveyance providing |
7 | transportation to a school entity or school-sponsored activity. |
8 | "Weapon" shall include, but not be limited to, any knife, |
9 | cutting instrument, cutting tool, nunchaku, firearm, shotgun, |
10 | rifle and any other tool, instrument or implement capable of |
11 | inflicting serious bodily injury. |
12 | Section 2. Section 1302-A of the act, amended or added June |
13 | 30, 1995 (P.L.220, No.26) and July 9, 2008 (P.L.846, No.61), is |
14 | amended to read: |
15 | Section 1302-A. Office for Safe Schools.--[(a) There is | <-- |
16 | hereby established in the Department of Education an Office for |
17 | Safe Schools[.](a.1) The Department of Education and the | <-- |
18 | commission shall jointly establish an Office for Safe Schools |
19 | within one hundred twenty (120) days of the effective date of |
20 | this subsection. within the Office of Elementary and Secondary | <-- |
21 | Education. The director of the office shall report directly to |
22 | the Deputy Secretary for Elementary and Secondary Education. The |
23 | office shall be staffed and supported by employes of the |
24 | department. The department shall not outsource or contract out |
25 | the functions, duties or responsibilities of the office. |
26 | (b) The [office shall have the [following powers and duties] | <-- |
27 | Department of Education and the commission shall have the power | <-- |
28 | and duty to implement the following: |
29 | (1) To coordinate antiviolence efforts between school, |
30 | professional, parental, governmental, law enforcement and |
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1 | community organizations and associations. |
2 | (2) To collect, develop and disseminate information, |
3 | policies, strategies and other information to assist in the |
4 | development of programs to impact school violence. |
5 | (2.1) To direct all school entities to submit semiannual | <-- |
6 | annual school violence statistics and reports to the office no | <-- |
7 | later than forty-five (45) days after the last day of each six- | <-- |
8 | month period. This clause shall apply beginning July 1, 2009. |
9 | The initial report following the effective date of this clause |
10 | shall be due no later than forty-five (45) days after January 1, |
11 | 2010. Thereafter reports shall be due forty-five (45) days after |
12 | each six-month period has elapsed than July 30 of each year. | <-- |
13 | (3) To provide direct training to school employes, parents, |
14 | law enforcement officials and communities on effective measures |
15 | to prevent and combat school violence. |
16 | (4) To advise school entities and nonpublic schools on the |
17 | development of policies to be used regarding possession of |
18 | weapons by any person, acts of violence and protocols for |
19 | coordination with and reporting to law enforcement officials, | <-- |
20 | the commission and the Department of Education. |
21 | (4.1) To provide technical assistance to schools with | <-- |
22 | persistently dangerous incidents as defined in 22 Pa. Code § |
23 | 403.2 (relating to definitions) and to To verify the existence | <-- |
24 | of and oversee the implementation of corrective action plans to | <-- |
25 | reduce incidents of violence as required in the No Child Left |
26 | Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425). |
27 | (5) To develop forms and issue a model memorandum of | <-- |
28 | understanding and forms to be used by school entities and police | <-- |
29 | departments for reporting incidents involving acts of violence |
30 | and possession of weapons on school property. |
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1 | (6) To convene a Statewide advisory committee which shall |
2 | develop the forms and model memorandum of understanding required |
3 | under clause (5) and to make recommendations to the office on |
4 | training procedures and programs as required under clause (3). |
5 | The committee shall include a police chief, school |
6 | superintendent, school principal, district attorney, solicitor |
7 | of a school district, special education supervisor, special |
8 | education advocate and in-school probation officer and one |
9 | designee from the Department of Education, the commission | <-- |
10 | Pennsylvania Commission on Crime and Delinquency, the Municipal | <-- |
11 | Police Officers' Education and Training Commission, the Juvenile |
12 | Court Judges' Commission and the Pennsylvania State Police. |
13 | Members of the committee shall be selected to be representative |
14 | of the rural, suburban and urban school entities of this |
15 | Commonwealth. The advisory committee shall be convened no later |
16 | than sixty (60) days after the effective date of this clause and |
17 | shall meet regularly to fulfill the requirements of this clause. |
18 | The model memorandum of understanding and forms shall be | <-- |
19 | reviewed on a biennial basis and revised where necessary. |
20 | (7) To verify that each school entity has a biennually | <-- |
21 | biennially updated and reexecuted a memorandum of understanding | <-- |
22 | with local law enforcement and has filed such memorandum with |
23 | the office on a biennual biennial basis. | <-- |
24 | (8) To publish and post on the Department of Education's |
25 | Internet website a School Safety Annual Report no later than |
26 | November 1 of each calendar year outlining all incidents |
27 | required to be reported under section 1303-A and the action | <-- |
28 | taken by the office to implement its mandates under this |
29 | section. |
30 | (b.1) The commission shall verify and ensure the timeliness, | <-- |
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1 | accuracy, completeness and consistency of the data submitted |
2 | semiannually by school entities and the safe schools advocate in |
3 | school districts of the first class. The commission shall also |
4 | process, tabulate, analyze and interpret the data on a |
5 | semiannual basis to assist school administrators and law |
6 | enforcement officials in their duties under this article. |
7 | (b.1) The office shall process and tabulate the data on an | <-- |
8 | annual basis to assist school administrators and law enforcement |
9 | officials in their duties under this article. |
10 | (C) In addition to the powers and duties set forth under |
11 | subsection (a), the [office] commission is authorized to make | <-- |
12 | targeted grants to [schools] school entities to fund programs | <-- |
13 | which address school violence[, including]. The commission shall | <-- |
14 | award at a minimum fifty per centum (50%) of the targeted grants |
15 | to the highest risk schools based upon incidents of violence and |
16 | number of arrests and the remainder to school entities that can |
17 | demonstrate the need for grants, which shall include[, but not | <-- |
18 | be limited to, the following programs]: | <-- |
19 | (1) Conflict resolution or dispute management, including |
20 | restorative justice strategies. |
21 | (1.1) School-wide positive behavior support that includes | <-- |
22 | primary or universal, secondary and tertiary supports and |
23 | interventions in school entities. |
24 | (2) Peer helpers programs. |
25 | (3) Risk assessment, safety-related [or], violence |
26 | prevention curricula, including, but not limited to, dating |
27 | violence curricula and restorative justice strategies. |
28 | (4) Classroom management. |
29 | (5) Student codes of conduct. |
30 | (6) Training to undertake a districtwide assessment of risk |
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1 | factors that increase the likelihood of problem behaviors among |
2 | students. |
3 | (7) Development and implementation of research-based |
4 | violence prevention programs that address risk factors to reduce |
5 | incidents of problem behaviors among students including, but not |
6 | limited to, bullying. |
7 | (8) Comprehensive, districtwide school safety and violence |
8 | prevention plans. |
9 | (9) Security planning, purchase of security-related |
10 | technology which may include metal detectors, protective |
11 | lighting, surveillance equipment, special emergency |
12 | communications equipment, electronic locksets, deadbolts and |
13 | theft control devices and training in the use of security- |
14 | related technology. Security planning and purchase of security- |
15 | related technology shall be based on safety needs identified by |
16 | the school entity's board of directors. |
17 | (10) Institution of student, staff and visitor |
18 | identification systems, including criminal background check |
19 | software. |
20 | (11) Establishment or enhancement of school security |
21 | personnel, including school resource officers. |
22 | (12) Provision of specialized staff and student training |
23 | programs, including training for Student Assistance Program team |
24 | members in elementary, middle and high schools in the referral |
25 | of students at risk of violent behavior to appropriate |
26 | community-based services, including mental health services. |
27 | (13) Alternative education programs provided for in Article |
28 | XIX-C. |
29 | (14) Counseling services for students enrolled in |
30 | alternative education programs. |
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1 | (15) An Internet web-based system for the management of |
2 | student discipline, including misconduct and criminal offenses. |
3 | (16) Staff training programs in the use of positive behavior |
4 | supports, de-escalation techniques and appropriate responses to |
5 | student behavior that may require immediate intervention. |
6 | (d) [Grant applications shall state the purpose for which | <-- |
7 | the targeted grant shall be utilized and contain additional | <-- |
8 | information as [the office may require. The office shall conduct | <-- |
9 | a thorough annual evaluation of each program for which a grant |
10 | under this section is made] may be required. The commission | <-- |
11 | shall conduct thorough annual evaluations and audits of grants |
12 | made under this section and shall seek repayment of funds if it |
13 | determines that funds were not utilized for the original stated |
14 | purpose.] | <-- |
15 | (1) Targeted grants shall be allocated through a competitive |
16 | grant review process established by the office. School entities |
17 | must satisfy the requirements of this section and section 1303-A |
18 | to be eligible for grants. The application for a targeted grant |
19 | shall include: |
20 | (i) the purpose for which the targeted grant shall be |
21 | utilized. |
22 | (ii) information indicating need for the targeted grant, |
23 | including, but not limited to, school violence statistics. |
24 | (iii) an estimated budget. |
25 | (iv) Methods for measuring outcomes. |
26 | (v) any other criteria as the office may require. |
27 | (2) The office shall: |
28 | (i) Give priority in grant funding to a school entity |
29 | designated as a persistently dangerous school as defined in the |
30 | No Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat. |
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1 | 1425). |
2 | (ii) Give priority in grant funding to school entities with |
3 | the greatest need to establish safety and order. |
4 | (iii) To the greatest extent possible, ensure that grant |
5 | funding is geographically dispersed to school entities |
6 | throughout this Commonwealth. |
7 | (3) The office shall provide all targeted grant agreements |
8 | to the Department of Education's comptroller for review and |
9 | approval prior to awarding the grant. The school entity shall |
10 | provide the office with full and complete access to all records |
11 | relating to the performance of the grant, and shall submit, at |
12 | such time and in such form as may be prescribed, truthful and |
13 | accurate information that the office may require. The office |
14 | shall conduct a thorough annual evaluation of each program for |
15 | which a grant under this section is made. The office shall seek |
16 | repayment of funds if it determines that funds were not utilized |
17 | for the original stated purpose. |
18 | Section 3. Section 1303-A of the act, amended June 25, 1997 |
19 | (P.L.297, No.30), is amended to read: |
20 | Section 1303-A. Reporting.--(a) The office shall conduct a |
21 | one-time survey of all school entities to determine the number |
22 | of incidents involving acts of violence on school property and |
23 | all cases involving possession of a weapon by any person on |
24 | school property which occurred within the last five (5) years. |
25 | The survey shall be based on the best available information |
26 | provided by school entities. |
27 | (b) [All school entities] Each chief school administrator |
28 | shall report all new [incidents involving acts of violence, |
29 | possession of a weapon or possession, use or sale of controlled |
30 | substances as defined in the act of April 14, 1972 (P.L.233, No. |
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1 | 64), known as "The Controlled Substance, Drug, Device and |
2 | Cosmetic Act," or possession, use or sale of alcohol or |
3 | tobacco]criminal offenses as provided under subsection (b)(4.1) |
4 | by any person on school property [at least once a year, as |
5 | provided by the office,]. Reporting under clause (4.2) shall be |
6 | at the discretion of the chief school administrator. reports |
7 | shall be made on a form to be developed and provided by the |
8 | office. The form shall include: |
9 | (1) Age or grade of student. |
10 | (2) Name and address of school. |
11 | (3) Circumstances surrounding the incident, including, but |
12 | not limited to, type of weapon, controlled substance, alcohol or |
13 | tobacco, the date, time and location of the incident, if a |
14 | person other than a student is involved in the incident and any |
15 | relationship to the school entity. |
16 | (3.1) Race of student. |
17 | (3.2) Whether the student has an Individualized Education |
18 | Plan under the Individuals with Disabilities Education Act |
19 | (Public Law 91-230, 20 U.S.C. § 1400 et seq.), and if so the |
20 | type of disability. |
21 | (4) Sanction imposed by the school. |
22 | (4.1) A list of criminal offenses which shall, at a minimum, |
23 | include: |
24 | (i) The following offenses under 18 Pa.C.S. (relating to |
25 | crimes and offenses): |
26 | Section 908 (relating to prohibited offensive weapons). |
27 | Section 912 (relating to possession of weapon on school |
28 | property). |
29 | Chapter 25 (relating to criminal homicide). |
30 | Section 2701 (relating to simple assault). | <-- |
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1 | Section 2702 (relating to aggravated assault). |
2 | Section 2706 (relating to terroristic threats). | <-- |
3 | Section 2709.1 (relating to stalking). |
4 | Section 2901 (relating to kidnapping). |
5 | Section 2902 (relating to unlawful restraint). |
6 | Section 3121 (relating to rape). |
7 | Section 3122.1 (relating to statutory sexual assault). |
8 | Section 3123 (relating to involuntary deviate sexual |
9 | intercourse). |
10 | Section 3124.1 (relating to sexual assault). |
11 | Section 3124.2 (relating to institutional sexual assault). |
12 | Section 3125 (relating to aggravated indecent assault). |
13 | Section 3126 (relating to indecent assault). |
14 | Section 3127 (relating to indecent exposure). | <-- |
15 | Section 3301 (relating to arson and related offenses). |
16 | Section 3307 (relating to institutional vandalism), when the |
17 | penalty is a felony of the third degree. |
18 | Section 3502 (relating to burglary). |
19 | Section 3503(a) and (b)(1)(v) (relating to criminal |
20 | trespass). |
21 | Section 5501 (relating to riot). |
22 | Section 6110.1 (relating to possession of firearm by minor). |
23 | (ii) The possession, use or sale of a controlled substance |
24 | or drug paraphernalia as defined in "The Controlled Substance, |
25 | Drug, Device and Cosmetic Act." |
26 | (iii) Attempts, solicitation or conspiracy to commit any of |
27 | the offenses listed in subclauses (i) and (ii). |
28 | (iv) An offense for which registration is required under 42 |
29 | Pa.C.S. § 9795.1 (relating to registration). |
30 | (4.2) The following offenses under 18 Pa.C.S., and any |
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1 | attempt, solicitation or conspiracy to commit any of these |
2 | offenses: |
3 | Section 2701 (relating to simple assault). | <-- |
4 | Section 2705 (relating to recklessly endangering another |
5 | person). |
6 | Section 2706 (relating to terroristic threats). | <-- |
7 | Section 2709 (relating to harassment). |
8 | Section 3127 (relating to indecent exposure). | <-- |
9 | Section 3307 (relating to institutional vandalism), when the |
10 | penalty is a misdemeanor of the second degree. |
11 | Section 3503(b)(1)(i), (ii), (iii) and (iv), (b.1) and (b.2) |
12 | (relating to criminal trespass). |
13 | Chapter 39 (relating to theft and related offenses). |
14 | Section 5502 (relating to failure of disorderly persons to |
15 | disperse upon official order). |
16 | Section 5503 (relating to disorderly conduct). |
17 | Section 6305 (relating to sale of tobacco). |
18 | Section 6306.1 (relating to use of tobacco in schools |
19 | prohibited). |
20 | Section 6308 (relating to purchase, consumption, possession |
21 | or transportation of liquor or malt or brewed beverages). |
22 | (5) Notification of law enforcement. |
23 | (6) Remedial programs involved. |
24 | (7) Parental involvement required. |
25 | (8) Arrests, convictions and adjudications, if known. |
26 | [If a person other than a student is involved, the report |
27 | shall state the relationship of the individual involved to the |
28 | school entity.] |
29 | (b.1) Prior to submitting the semiannual report required | <-- |
30 | under subsection (b), each chief school administrator and each |
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1 | police department having jurisdiction over school property of |
2 | the school entity shall do all of the following: |
3 | (1) No later than thirty (30) days prior to the deadline for |
4 | submitting the semiannual report required under subsection (b), | <-- |
5 | the chief school administrator shall submit the report to the |
6 | police department with jurisdiction over the relevant school |
7 | property. The police department shall review the report and |
8 | compare the data regarding criminal offenses and notification of |
9 | law enforcement to determine its accuracy. |
10 | (2) No later than fifteen (15) days prior to the deadline |
11 | for submitting the semiannual report required under subsection | <-- |
12 | (b), the police department shall notify the chief school |
13 | administrator, in writing, whether the report accurately |
14 | reflects police incident data. Where the police department |
15 | determines that the report accurately reflects police incident |
16 | data, the chief of police shall sign the report. Where the |
17 | police department determines that the report does not accurately |
18 | reflect police incident data, the police department shall |
19 | indicate any discrepancies between the report and police |
20 | incident data. |
21 | (3) Prior to submitting the semiannual report required under | <-- |
22 | subsection (b), the chief school administrator and the police |
23 | department shall attempt to resolve discrepancies between the |
24 | report and police incident data. Where a discrepancy remains |
25 | unresolved, the police department shall notify the chief school |
26 | administrator and the office in writing. |
27 | (4) Where a police department fails to take action as |
28 | required under clause (2) or (3), the chief school administrator |
29 | shall submit the semiannual report required under subsection (b) | <-- |
30 | and indicate that the police department failed to take action as |
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1 | required under clause (2) or (3). |
2 | (c) [All school entities shall develop a memorandum of |
3 | understanding with local law enforcement which sets forth |
4 | procedures to be followed when an incident involving an act of |
5 | violence or possession of a weapon by any person occurs on |
6 | school property. Law enforcement protocols shall be developed in |
7 | cooperation with local law enforcement and the Pennsylvania |
8 | State Police.] Each chief school administrator shall enter into |
9 | a memorandum of understanding with police departments having |
10 | jurisdiction over school property of the school entity. Each |
11 | chief school administrator shall submit a copy of the memorandum |
12 | of understanding to the office by June 30, 2009, and biennially |
13 | update and re-execute a memorandum of understanding with local |
14 | law enforcement and file such memorandum with the office on a |
15 | biennial basis. The memorandum of understanding shall be signed |
16 | by the chief school administrator, the chief of police of the |
17 | police department with jurisdiction over the relevant school |
18 | property and principals of each school building of the school |
19 | entity. The memorandum of understanding shall include: |
20 | (1) Protocol for the immediate notification of the police |
21 | department when an offense listed under subsection (b)(4.1)(i), |
22 | (ii), (iii) or (iv) occurs on school property. |
23 | (2) Protocol for notification of the police department at |
24 | the discretion of the chief school administrator regarding an |
25 | offense listed under subsection (b)(4.2) or any other offense |
26 | that occurs on school property. |
27 | (3) Emergency and nonemergency response by the police |
28 | department. Each school district shall supply the police |
29 | department with a copy of the comprehensive disaster response |
30 | and emergency preparedness plan as required by 35 Pa.C.S. § |
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1 | 7701(g) (relating to duties concerning disaster prevention). |
2 | (4) Procedures for response to student behavior as required |
3 | by 22 Pa. Code § 14.104 (relating to special education plans) |
4 | and 22 Pa. Code § 14.133 (relating to positive behavior | <-- |
5 | support). |
6 | (5) The procedure for police department review of the |
7 | semiannual report required under subsection (b) prior to filing |
8 | with the office. |
9 | (6) A procedure for the resolution of school violence data |
10 | discrepancies prior to filing the semiannual report required | <-- |
11 | under subsection (b) with the office. |
12 | (7) Additional matters pertaining to crime prevention agreed |
13 | to between the chief school administrator and the police |
14 | department. |
15 | (d) Pursuant to section 615 of the Individuals with |
16 | Disabilities Education Act (Public Law 91-230, 20 U.S.C. § |
17 | 1415(k)(6)), nothing in this section shall be construed to |
18 | prohibit a school entity from reporting a crime committed by a |
19 | child with a disability to appropriate authorities or to prevent |
20 | State law enforcement and judicial authorities from exercising |
21 | their responsibilities with regard to the application of Federal |
22 | and State law to crimes committed by a child with a disability. |
23 | (e) (1) Notwithstanding any provision of law to the |
24 | contrary, the Department of Education may initiate disciplinary |
25 | action before the Professional Standards and Practices |
26 | Commission pursuant to the act of December 12, 1973 (P.L.397, |
27 | No.141), known as the "Professional Educator Discipline Act," |
28 | against a chief school administrator or principal of a school |
29 | entity who intentionally fails to submit the semiannual report | <-- |
30 | as required under subsection (b) or enter into the memorandum of |
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1 | understanding, report an incident involving an act of violence, |
2 | possession of a weapon or an offense listed under subsection (b) |
3 | (4.1) that occurs on school property to a police department or |
4 | submit a copy of the memorandum of understanding to the office |
5 | as required under subsection (c) or who intentionally falsifies |
6 | a report submitted as required under this section. |
7 | (2) In addition to any other disciplinary actions set forth |
8 | in the "Professional Educator Discipline Act," a chief school |
9 | administrator or principal of a school entity who intentionally |
10 | fails to submit the semiannual report as required under | <-- |
11 | subsection (b) or enter into the memorandum of understanding, |
12 | report an incident involving an act of violence, possession of a |
13 | weapon or an offense cited under subsection (b)(4.1) that occurs |
14 | on school property to a police department or submit a copy of |
15 | the memorandum of understanding to the office as required under |
16 | subsection (c) or who intentionally falsifies a report submitted |
17 | as required under this section shall be subject to prosecution |
18 | for violation of 18 Pa.C.S. § 4904 (relating to unsworn |
19 | falsification to authorities), where appropriate, and to the |
20 | following civil penalties to be imposed by the Professional |
21 | Standards and Practices Commission for violations of this |
22 | article: |
23 | (i) for a first violation, $2,500; |
24 | (ii) for a second violation, $3,500; or |
25 | (iii) for a third or subsequent violation, $5,000. |
26 | Any penalty imposed under this paragraph shall be paid to the |
27 | Department of Education and used for the support of the office. |
28 | Section 4. This act shall take effect as follows: | <-- |
29 | (1) The addition of section 1303-A(b)(2.1) of the act |
30 | shall take effect immediately. |
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1 | (2) This section shall take effect immediately. |
2 | (3) The remainder of this act shall take effect in 90 |
3 | days. |
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