PRINTER'S NO. 251
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY TRUITT, FRANKEL, SIMMONS, KNOWLES, DUNBAR, MALONEY, QUINN, GINGRICH, MCGEEHAN, HAGGERTY, V. BROWN, STEPHENS, CONKLIN, C. HARRIS, CARROLL, FLECK, HESS, DAVIDSON, PASHINSKI, KAUFFMAN, HARHART, HAHN, BARRAR, SWANGER, MAJOR, MARSICO, SAYLOR, WATSON, O'NEILL, DAVIS, HELM, CORBIN, ROEBUCK, ROCK, READSHAW, SCAVELLO, ROSS, R. BROWN, THOMAS, GIBBONS, BOBACK, ROZZI, FREEMAN, MACKENZIE, MILLER, SONNEY, DONATUCCI, MOUL, BENNINGHOFF, MURT, GABLER, GOODMAN, MOLCHANY, SIMS, J. HARRIS, MATZIE, PARKER, BRIGGS, STURLA, KORTZ, PAINTER AND SCHLOSSBERG, JANUARY 23, 2013
REFERRED TO COMMITEE ON EDUCATION, JANUARY 23, 2013
1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in certification of teachers, further
6providing for program of continuing professional education;
7and, in safe schools, further providing for definitions, for
8reporting and for policy relating to bullying and providing
9for powers and duties of Department of Education.
17(a.1) In addition to the continuing education program
1required under subsection (a), each professional educator shall
2complete at least four (4) hours of training on prevention of,
3and intervention in, harassment, bullying and cyberbullying as
4such terms are defined in section 1301-A or to complete the
5online training and examination programs established in section
61303.2-A(2) and (3).
7* * *
12Section 1301-A. Definitions.--As used in this article,
13"Bullying" shall mean any written, verbal or physical act or
14conduct which may, but shall not be required to, be based on any
15actual or perceived characteristic, including, but not limited
16to, race; color; religion; national origin, ancestry or
17ethnicity; sexual orientation; physical, mental, emotional or
18learning disability; gender, gender identity or expression;
19financial status or physical appearance or based on an
20association with a person who has or is perceived to have one or
21more such characteristics, that has or can be reasonably
22predicted to have the effect of one or more of the following:
30* * *
3"Electronic communication" shall mean any form of
4communication through an electronic device, including, but not
5limited to, a telephone, cellular phone, computer or pager,
6which form of communication includes, but is not limited to, e-
7mail, instant messaging, text messaging, blogging, paging,
8online gaming and communication through an Internet website.
11* * *
12"School property" or "school setting" shall mean any public
13school grounds, any school-sponsored activity [or], any
14conveyance providing transportation to a school entity or
15school-sponsored activity or event, or a designated school bus
17* * *
21Section 1303-A. Reporting.--* * *
22(b) [Each chief school administrator shall report to the
23office by July 31 of each year all new] All incidents involving
24acts of violence, possession of a weapon or possession, use or
25sale of controlled substances as defined in the act of April 14,
261972 (P.L.233, No.64), known as "The Controlled Substance, Drug,
27Device and Cosmetic Act," or possession, use or sale of alcohol
28or tobacco by any person on school property shall be reported to
29the office through the safe schools online portal pursuant to
30the procedure set forth in section 1303.2-A. [The incidents to
1be reported to the office shall include all incidents involving
2conduct that constitutes a criminal offense listed under
3paragraphs (4.1) and (4.2). Reports on a form to be developed
4and provided by the office shall include] Reports though the
5acts of violence online interface within the safe schools online
6portal required under section 1303.2-A shall include, at a
7minimum, the following information:
8(1) Age or grade of student.
9(2) Name and address of school.
10(3) Circumstances surrounding the incident, including, but
11not limited to, type of weapon, controlled substance, alcohol or
12tobacco, the date, time and location of the incident, if a
13person other than a student is involved in the incident and any
14relationship to the school entity.
15(3.1) Race of student.
16(3.2) Whether the student has an Individualized Education
17Plan under the Individuals with Disabilities Education Act
18(Public Law 91-230, 20 U.S.C. § 1400 et seq.), and if so, the
19type of disability.
20(4) Sanction imposed by the school.
25Section 908 (relating to prohibited offensive weapons).
28Chapter 25 (relating to criminal homicide).
29Section 2702 (relating to aggravated assault).
30Section 2709.1 (relating to stalking).
1Section 2901 (relating to kidnapping).
2Section 2902 (relating to unlawful restraint).
3Section 3121 (relating to rape).
4Section 3122.1 (relating to statutory sexual assault).
7Section 3124.1 (relating to sexual assault).
8Section 3124.2 (relating to institutional sexual assault).
9Section 3125 (relating to aggravated indecent assault).
10Section 3126 (relating to indecent assault).
11Section 3301 (relating to arson and related offenses).
14Section 3502 (relating to burglary).
17Section 5501 (relating to riot).
18Section 6110.1 (relating to possession of firearm by minor).
29Section 2701 (relating to simple assault).
30Section 2705 (relating to recklessly endangering another
2Section 2706 (relating to terroristic threats).
3Section 2709 (relating to harassment).
4Section 3127 (relating to indecent exposure).
9Chapter 39 (relating to theft and related offenses).
12Section 5503 (relating to disorderly conduct).
13Section 6305 (relating to sale of tobacco).
20(5) Notification of law enforcement.
21(5.1) Law enforcement response.
22(6) Remedial programs involved.
23(7) Parental involvement required.
24(8) Arrests, convictions and adjudications, if known.
25(b.1) [Prior to submitting the report required under
26subsection (b), each chief school administrator] The chief
27school administrator shall send an acts of violence online
28report from the acts of violence online interface within the
29safe schools online portal established pursuant to section
301303.2-A to the police department that has jurisdiction over the
1relevant school property on an annual basis. Each chief school
2administrator and each police department having jurisdiction
3over school property of the school entity shall [do all of the
4following] have the following duties:
5(1) [No later than thirty (30) days prior to the deadline
6for submitting the report to the office required under
7subsection (b), the] The chief school administrator shall submit
8the report to the police department with jurisdiction over the
9relevant school property. The police department shall review the
10report and compare the data regarding criminal offenses and
11notification of law enforcement to determine whether the report
12accurately reflects police incident data.
13(2) No later than [fifteen (15) days prior to the deadline
14for the chief school administrator to submit the report required
15under subsection (b)] twenty-one (21) days after receiving the
16acts of violence report, the police department shall notify the
17chief school administrator, in writing, whether the report
18accurately reflects police incident data. Where the police
19department determines that the report accurately reflects police
20incident data, the chief of police shall sign the report. Where
21the police department determines that the report does not
22accurately reflect police incident data, the police department
23shall indicate any discrepancies between the report and police
25(3) [Prior to submitting the report required under
26subsection (b), the] The chief school administrator and the
27police department shall attempt to resolve discrepancies between
28the report and police incident data. Where a discrepancy remains
29unresolved, the police department shall notify the chief school
30administrator and the office in writing.
1(4) Where a police department fails to take action as
2required under paragraph (1), (2) or (3), the chief school
3administrator [shall submit the report required under subsection
4(b) and indicate that the police department failed to take
5action as required under paragraph (2) or (3)] shall indicate
6the police department's failure to take action by entering the
7information in the acts of violence online interface within the
8safe schools online portal pursuant to subsection (b).
9(c) Each chief school administrator shall form an advisory
10committee composed of relevant school staff, including, but not
11limited to, principals, security personnel, school resource
12officers, guidance counselors and special education
13administrators, to assist in the development of a memorandum of
14understanding pursuant to this section. In consultation with the
15advisory committee, each chief school administrator shall enter
16into a memorandum of understanding with police departments
17having jurisdiction over school property of the school entity.
18Each chief school administrator shall submit a copy of the
19memorandum of understanding to the office by June 30, 2011, and
20biennially update and re-execute a memorandum of understanding
21with local law enforcement and file such memorandum with the
22office on a biennial basis. The memorandum of understanding
23shall be signed by the chief school administrator, the chief of
24police of the police department with jurisdiction over the
25relevant school property and principals of each school building
26of the school entity. The memorandum of understanding shall
27comply with the regulations promulgated by the State Board of
28Education under section 1302.1-A and shall also include:
9* * *
10(e) * * *
11(2) In addition to any other disciplinary actions set forth
12in the "Professional Educator Discipline Act," a chief school
13administrator or principal of a school entity who intentionally
14fails to [submit the report] enter thorough and accurate
15information into the acts of violence online interface as
16required under subsection (b) or enter into the memorandum of
17understanding with the police department with jurisdiction over
18the relevant school property, report an incident involving an
19act of violence, possession of a weapon or an offense cited
20under subsection (b)(4.1) that occurs on school property to a
21police department or submit a copy of the memorandum of
22understanding to the office as required under subsection (c) or
23who intentionally falsifies a report submitted as required under
24this section shall be subject to prosecution for violation of 18
25Pa.C.S. § 4904 (relating to unsworn falsification to
26authorities). The following civil penalties may be imposed by
27the Professional Standards and Practices Commission for
28violations of this article:
29(i) for a first violation, $2,500;
30(ii) for a second violation, $3,500; or
1(iii) for a third or subsequent violation, $5,000.
6Section 1303.1-A. Policy Relating to Bullying.--[(a) No
7later than January 1, 2009, each school entity shall adopt a
8policy or amend its existing policy relating to bullying and
9incorporate the policy into the school entity's code of student
10conduct required under 22 Pa. Code § 12.3(c) (relating to school
11rules). The policy shall delineate disciplinary consequences for
12bullying and may provide for prevention, intervention and
13education programs, provided that no school entity shall be
14required to establish a new policy under this section if one
15currently exists and reasonably fulfills the requirements of
16this section. The policy shall identify the appropriate school
17staff person to receive reports of incidents of alleged
19(b) Each school entity shall make the policy available on
20its publicly accessible Internet website, if available, and in
21every classroom. Each school entity shall post the policy at a
22prominent location within each school building where such
23notices are usually posted. Each school entity shall ensure that
24the policy and procedures for reporting bullying incidents are
25reviewed with students within ninety (90) days after their
26adoption and thereafter at least once each school year.
27(c) Each school entity shall review its policy every three
28(3) years and annually provide the office with a copy of its
29policy relating to bullying, including information related to
30the development and implementation of any bullying prevention,
4(d) In its policy relating to bullying adopted or maintained
5under subsection (a), a school entity shall not be prohibited
6from defining bullying in such a way as to encompass acts that
7occur outside a school setting if those acts meet the
8requirements contained in subsection (e)(1), (3) and (4). If a
9school entity reports acts of bullying to the office in
10accordance with section 1303-A(b), it shall report all incidents
11that qualify as bullying under the entity's adopted definition
12of that term.
16(1) directed at another student or students;
17(2) which occurs in a school setting;
18(3) that is severe, persistent or pervasive; and
19(4) that has the effect of doing any of the following:
20(i) substantially interfering with a student's education;
21(ii) creating a threatening environment; or
27(f) No later than July 1, 2014, each school entity shall
28adopt the Department of Education's model policy related to
29bullying required under section 1303.2-A(4) or an alternative
30policy that includes at a minimum the requirements of section
11303.2-A(4) prohibiting harassment, bullying and cyberbullying.
2A school entity may comply with this subsection by amending its
3existing policy to include, at a minimum, the requirements of
4section 1303.2-A(4). The school entity shall involve students,
5parents, administrators, school staff, school volunteers and
6local law enforcement agencies in the process of adopting an
7alternative policy, if it chooses not to implement the
8Department of Education's model policy related to bullying.
12(h) Each school entity shall incorporate its bullying policy
13into the school entity's code of student conduct required under
1422 Pa. Code § 12.3(c) (relating to school rules). The school
15entity's policy shall be implemented in a manner that is ongoing
16throughout the school year and integrated with each school
17entity's curriculum, discipline policies and other violence
18prevention efforts. Any discipline imposed under the policy must
19be consistent with Federal and State law.
22(1) in a school setting; or
23(2) through use of electronic communication, outside a
24school setting, that is directed at a student and is so severe,
25persistent or pervasive that it substantially interferes with a
26student's ability to participate in or benefit from the
27services, activities or privileges provided by a school.
5(k) Nothing in this section shall be construed:
13(l) If any provision of this section or the application
14thereof to any person or circumstance is held invalid, the
15invalidity shall not affect other provisions or applications of
16the section which can be given effect without the invalid
17provision or application and to this end the provisions of this
18section are declared severable.
19Section 5. The act is amended by adding sections to read:
23(1) By November 1, 2013, establish, develop and maintain a
24secure Internet safe schools online portal which shall be
25accessible by the school employes in each school entity. The
26portal shall include:
27(i) A bullying interface for school employes to enter and
28track bullying incidents and follow-up. At a minimum, the safe
29schools online bullying interface shall include areas to enter
30information related to:
3(B) Names of each party involved.
9(ii) An acts of violence interface to enter and track all
10incidents involving acts of violence, possession of a weapon or
11possession, use or sale of controlled substances as defined in
12section 2 of the act of April 14, 1972 (P.L.233, No.64), known
13as "The Controlled Substance, Drug, Device and Cosmetic Act," or
14possession, use or sale of alcohol or tobacco by any person on
15school property. At a minimum, the acts of violence interface
16shall include all information required under section 1303-A.
20(A) Each school principal, monthly.
21(B) Each chief school administrator, quarterly.
22(C) The Secretary of Education, annually.
23(D) The General Assembly, annually.
27(A) Each school principal, monthly.
28(B) Each chief school administrator, quarterly.
29(C) The Secretary of Education, annually.
30(D) The General Assembly, annually.
8(2) By November 1, 2013, develop an online training program
9to fulfill the continuing education requirement on prevention
10of, and intervention in, harassment, bullying and cyberbullying
11established under section 1205.2(a.1).
12(3) By November 1, 2013, develop an online examination
13program to fulfill the continuing education requirement on
14prevention of, and intervention in, harassment, bullying and
15cyberbullying established under section 1205.2(a.1).
19(i) A statement prohibiting harassment, bullying and
20cyberbullying of a student and explaining the scope of the
21prohibition, including a statement that the policy applies to
22school sponsored functions.
25(iii) Consequences and appropriate remedial action,
26including positive behavior support as defined in 22 Pa. Code §
2714.133 (relating to positive behavior support), for a person who
28commits an act of harassment, bullying or cyberbullying.
29Disciplinary consequences for harassment, bullying and
30cyberbullying shall be unique to the individual incident and
10(B) All acts of harassment, bullying or cyberbullying shall
11be reported in writing to the chief school administrator and the
12principal or principal's designee and all information shall be
13entered into the safe schools online portal established under
14section 1303.2-A(4) within forty-eight (48) hours of when the
15school employe witnessed or received reliable information that a
16student had been subject to harassment, bullying or
18(C) The principal or principal's designee shall inform the
19parents or guardians of all students involved in the alleged
20incident promptly. Prior to notification of any parent, guardian
21or student regarding any incident of harassment, bullying or
22cyberbullying, the principal or principal's designee shall
23consider the age, health, well-being, safety and privacy of any
24student involved in the incident. The principal or principal's
25designee may discuss, as appropriate, the availability of
26counseling and other intervention or protective services.
30(A) The investigation shall be conducted by the principal or
1the principal's designee.
5(C) The results of any such investigation shall be reported
6to the principal, if not directly involved in the investigation,
7and chief school administrator. The principal or chief school
8administrator shall decide whether to provide intervention
9services, establish or enhance training programs to reduce
10harassment, bullying or cyberbullying and improve school
11climate, impose discipline, order counseling or take or
12recommend other appropriate action based on the findings of the
14(D) The safe schools online portal shall be updated and
15finalized with complete and accurate information regarding the
16incident by the principal or designee in charge of the
17investigation within forty-eight (48) hours after the
18investigation has ended.
19(E) Upon request, students who are parties to the
20investigation shall receive information about the investigation,
21subject to Federal and State law and regulation, including the
22nature of the investigation, whether the school entity found
23evidence of harassment, bullying or cyberbullying and whether
24discipline was imposed or services provided to address the
25incident of harassment, bullying or cyberbullying. This
26information shall be provided in writing within five (5) days of
1after the issuance of the written report.
2(vi) A statement that prohibits retaliation against any
3person who reports an act of harassment, bullying or
4cyberbullying, including a witness or a person with reliable
5information about such an act, and the consequence and
6appropriate remedial action for a person who engages in
10(A) A requirement that a link to the policy shall be
11prominently posted on the school entity's publicly accessible
12Internet website and that each school entity shall post the
13policy at a prominent location within each school building where
14such notices are usually posted or in each classroom.
15(B) A requirement that the name, school telephone number,
16school address and school e-mail address of the principal or
17designee responsible for investigating harassment, bullying and
18cyberbullying shall be prominently listed on the school entity's
19publicly accessible Internet website.
20(C) A requirement that the policy shall be distributed
21annually to students and their parents. The policy may be
22included in a student Code of Conduct and Family Educational
23Rights and Privacy Act statement under the Family Educational
24Rights and Privacy Act of 1974 (Pubic Law 90-247, 20 U.S.C. §
26(D) A statement that the school entity shall ensure that the
27policy and procedures for reporting bullying are reviewed with
28students within ninety (90) days after their adoption and
29thereafter at least once per school year.
30(viii) A statement that the school entity shall review its
1policy every three (3) years and annually provide the Department
2of Education with a copy of its policy prohibiting harassment,
3bullying and cyberbullying if it uses an alternate policy
4instead of the Department of Education's model policy.
5(ix) Provisions for the formation of bullying prevention
6task forces, programs, associated trainings and other
7initiatives involving school staff, pupils, administrators,
8volunteers, parents, law enforcement, community members and
9other stakeholders, as deemed appropriate by the school entity.
10(x) Annual training for administrators, school employes and
11volunteers who have significant contact with students in
12preventing, identifying, responding to and reporting incidents
13of harassment, bullying or cyberbullying. School entities may
14incorporate training into existing annual training sessions or
15seminars related to other school matters.
16(5) By January 1, 2014, compile and make available to all
17school entities a list of programs appropriate for the
18prevention of harassment, bullying or cyberbullying of students,
19including programs that are available to school entities for
20free or at reduced costs.
27Section 7. This act shall take effect in 60 days.