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 development;
7providing for suicide prevention instruction; in safe
8schools, further providing for policy relating to bullying;
9and providing for Department of Education requirements and
10responsibilities.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. Section 1205.2(a) of the act of March 10, 1949
14(P.L.30, No.14), known as the Public School Code of 1949,
15amended July 5, 2012 (P.L.965, No.105), is amended to read:

16Section 1205.2. Program of Continuing Professional
17Education.--(a) A continuing professional education program is
18hereby established for professional educators, the satisfactory
19completion of which is required to maintain active
20certification. Except as provided in subsection (n.1), the

1continuing professional education program shall require the
2satisfactory completion of continuing professional education
3every five (5) years, which shall include, in addition to two 
4hours of instruction on harassment, intimidation, bullying and 
5cyberbullying prevention:

6(1) six (6) credits of collegiate study;

7(2) six (6) credits of continuing professional education
8courses;

9(3) one hundred eighty (180) hours of continuing
10professional education programs, activities or learning
11experiences; or

12(4) any combination of collegiate studies, continuing
13professional education courses, or other programs, activities or
14learning experiences equivalent to one hundred eighty (180)
15hours.

16* * *

17Section 2. The act is amended by adding a section to read:

18Section 1205.7. Suicide Prevention Instruction.--(a) At
19least once every three years, school entities shall be required
20to provide a suicide prevention training course on school
21premises, which shall be completed by all professional employes
22of the school entity as defined under section 1101(1). A
23school's principal may require other employes of the school
24entity who have direct contact with children to complete the
25course.

26(b) The course shall consist of two hours of suicide
27prevention instruction, which shall include, but not be limited
28to, training on the relationship between the risk of suicide and
29incidents of harassment, intimidation, bullying and
30cyberbullying and on reducing the risk of suicide in students

1who are members of communities identified as having members at
2high risk of suicide.

3(c) Completion of training shall be documented by the
4signature and title of a representative of the entity that
5performs the course and shall include the date the course is
6completed. Documentation shall be retained by the school entity
7in the employe's file. Training shall be conducted by a licensed
8health care professional with training and experience in mental
9health issues.

10(d) School districts may include this training in the
11continuing education plan submitted by the district to the
12Department of Education under section 1205.1.

13(e) For purposes of this section, a school entity shall be
14defined as a local school district, intermediate unit or area
15vocational-technical school.

16Section 3. Section 1303.1-A of the act, added July 9, 2008
17(P.L.846, No.61), is amended to read:

18Section 1303.1-A. Policy Relating to Bullying.--(a) No
19later than January 1, [2009] 2014, each school entity shall
20adopt a policy or amend its existing policy [relating to
21bullying] prohibiting harassment, intimidation, bullying on 
22school property, at a school-sponsored function or on a school 
23bus and cyberbullying, and incorporate the policy into the
24school entity's code of student conduct required under 22 Pa.
25Code § 12.3(c) (relating to school rules). The policy shall
26delineate disciplinary consequences for bullying and [may
27provide for prevention, intervention and education programs,
28provided that no school entity shall be required to establish a
29new policy under this section if one currently exists and
30reasonably fulfills the requirements of this section. The policy

1shall identify the appropriate school staff person to receive
2reports of incidents of alleged bullying.] shall identify by job 
3title, the appropriate school staff person to receive reports of 
4incidents of alleged bullying and the school officials 
5responsible for ensuring that the policy is implemented. The 
6school entity shall involve students, parents, administrators, 
7school staff, school volunteers, community representatives and 
8local law enforcement agencies in the process of adopting the 
9policy. The school entity policy shall be implemented in a 
10manner that is ongoing throughout the school year and integrated 
11with the school's curriculum, discipline policies and other 
12violence prevention efforts. Any discipline imposed under the 
13policy must fall within the school entity's authority under 
14section 510. The policy shall contain, at a minimum, the 
15following components:

16(1) A statement prohibiting harassment, intimidation,
17bullying and cyberbullying of a student.

18(2) The definition of harassment, intimidation, bullying and
19cyberbullying.

20(3) A description of the type of behavior expected from each
21student.

22(4) Consequences and appropriate remedial action for a
23person who commits an act of harassment, intimidation, bullying
24or cyberbullying.

25(5) (i) A procedure for reporting an act of harassment,
26intimidation, bullying or cyberbullying, including a provision
27that permits a person to report an act of harassment,
28intimidation, bullying or cyberbullying anonymously. The
29procedure shall also include the following provisions:

30(A) All acts of harassment, intimidation, bullying or

1cyberbullying shall be reported verbally to the school principal
2on the same day when the school employe witnessed or received
3reliable information regarding any such incident.

4(B) The principal shall inform the parents or guardians of
5all students involved in the alleged incident immediately,
6unless the principal has reason to believe that taking such
7action would jeopardize the health, well-being or safety of one
8or more of the students involved in the alleged incident, or
9another person related or unrelated to the incident. The
10principal may discuss, as appropriate, the availability of
11counseling and other intervention or protective services.

12(C) All acts of harassment, intimidation, bullying or
13cyberbullying shall be reported in writing to the principal
14within two (2) school days of when the school employe witnessed
15or received reliable information that a student had been subject
16to harassment, intimidation, bullying or cyberbullying.

17(ii) This paragraph shall not be construed to permit formal
18disciplinary action solely on the basis of an anonymous report.

19(6) A procedure for prompt investigation of reports of
20violations and complaints, which procedure shall at a minimum
21provide that:

22(i) (A) The investigation shall be initiated by the
23principal or the principal's designee within one school day of
24the report of the incident and shall be conducted by a school
25antibullying specialist. The principal may appoint additional
26personnel who are not school antibullying specialists to assist
27in the investigation.

28(B) The investigation shall be completed as soon as
29possible, but not later than ten (10) school days from the date
30of the written report of the incident of harassment,

1intimidation, bullying or cyberbullying.

2(C) In the event that there is information relative to the
3investigation that is anticipated but not yet received by the
4end of the ten-day period, the school antibullying specialist
5may amend the original report of the results of the
6investigation to reflect the information.

7(ii) The results of the investigation shall be reported to
8the superintendent within two (2) school days of the completion
9of the investigation and the superintendent may decide to
10provide intervention services, establish training programs to
11reduce harassment, intimidation, bullying or cyberbullying and
12enhance school climate, impose discipline, order counseling as a
13result of the findings of the investigation or take or recommend
14other appropriate action.

15(iii) The results of each investigation shall be reported to
16the board of school directors no later than the date of the
17board meeting next following the completion of the
18investigation, along with information on any services provided,
19training established, discipline imposed or other action taken
20or recommended by the superintendent.

21(iv) (A) Parents or guardians of the students who are
22parties to the investigation shall be entitled to receive
23information about the investigation, in accordance with Federal
24and State law and regulation, including the nature of the
25investigation, whether the school entity found evidence of
26harassment, intimidation, bullying or cyberbullying, or whether
27discipline was imposed or services provided to address the
28incident of harassment, intimidation, bullying or cyberbullying.
29This information shall be provided in writing within five (5)
30school days after the results of the investigation are reported

1to the board.

2(B) A parent or guardian may request a hearing before the
3board after receiving the information, and the hearing shall be
4held within ten (10) days of the request.

5(C) The board shall meet in executive session for the
6hearing to protect the confidentiality of the students.

7(D) At the hearing the board may hear from the school
8antibullying specialist about the incident, recommendations for
9discipline or services and any programs instituted to reduce
10such incidents.

11(v) (A) At the next board of school directors meeting
12following its receipt of the report, the board shall issue a
13decision, in writing, to affirm, reject, or modify the
14superintendent's decision.

15(B) The board's decision may be appealed to the State Board
16of Education, in accordance with the procedures set forth in law
17and regulation, no later than ninety (90) days after the
18issuance of the board of school directors' decision.

19(7) The range of ways in which a school will respond once an
20incident of harassment, intimidation, bullying or cyberbullying
21is identified, which shall be defined by the principal in
22conjunction with the school antibullying specialist, but shall
23include an appropriate combination of counseling, support
24services, intervention services and other programs, as defined
25by the Secretary of Education.

26(8) A statement that prohibits reprisal or retaliation
27against any person who reports an act of harassment,
28intimidation, bullying or cyberbullying, including a witness or
29one with reliable information about such an act, and the
30consequence and appropriate remedial action for a person who

1engages in reprisal or retaliation.

2(9) Consequences and appropriate remedial action for a
3person found to have falsely accused another as a means of
4retaliation or as a means of harassment, intimidation, bullying
5or cyberbullying.

6(10) A statement of the manner in which the policy is to be
7publicized, including notice that the policy applies to
8participation in school-sponsored functions.

9(11) A requirement that a link to the policy be prominently
10posted on the school entity's publicly accessible Internet
11website and distributed annually to parents and guardians who
12have children enrolled in a school of the school entity. The
13policy shall also be posted at a prominent location within each
14school building where such notices are usually posted.

15(12) A requirement that the name, school telephone number,
16school address and school e-mail address of the antibullying
17coordinator and the school antibullying specialists be listed on
18the school entity's publicly accessible Internet website. The
19information concerning the district antibullying coordinator and
20the school antibullying specialists shall also be maintained on
21the Department of Education's publicly accessible Internet
22website.

23(13) A statement that the school entity shall ensure that
24the policy and procedures for reporting bullying are reviewed
25with students within ninety (90) days after their adoption and
26thereafter at least once per school year.

27(14) A statement that the school entity shall review its
28policy every three (3) years and annually provide the office
29with a copy of its policy prohibiting harassment, intimidation,
30bullying and cyberbullying, including information related to the

1development and implementation of any harassment, intimidation,
2bullying and cyberbullying prevention, intervention and
3education programs. The information required under this
4paragraph shall be attached to or made part of the annual report
5required under section 1303-A(b). If the school entity reports
6acts of harassment, intimidation, bullying and cyberbullying to
7the office in accordance with section 1303-A(b), it shall report
8all incidents that qualify as harassment, intimidation, bullying
9and cyberbullying.

10(15) Provisions for the formation of bullying prevention
11task forces, programs and other initiatives involving school
12staff, pupils, administrators, volunteers, parents, law
13enforcement officials, community members and other stakeholders,
14as deemed appropriate by the school entity.

15(16) Annual training for administrators, school employes and
16volunteers who have significant contact with students in
17preventing, identifying, responding to and reporting incidents
18of harassment, intimidation, bullying or cyberbullying.

19(17) An educational program for students and parents in
20preventing, identifying, responding to and reporting incidents
21of harassment, intimidation, bullying or cyberbullying.

22(18) A procedure for each school to document any prohibited
23incident that is reported and a procedure to report all
24incidents of harassment, intimidation, bullying or cyberbullying
25and the resulting consequences, including discipline and
26referrals, to the State Board of Education on a semiannual
27basis.

28(19) A procedure for reporting to law enforcement all acts
29of harassment, intimidation, bullying or cyberbullying that may
30constitute criminal activity.

1(20) A statement that the policy shall apply to an
2electronic communication, whether or not the communication
3originated on school property or with school equipment, so long
4as:

5(i) a reasonable person would know, under the circumstances,
6that the communication would have the effect of harming a
7student or damaging the student's property or placing a student
8in reasonable fear of harm to his person or damage to his
9property; and has the effect of isolating or demeaning any
10student or group of students in such a way as to cause
11substantial disruption in, or substantial interference with, the
12orderly operation of the school; or

13(ii) the communication is directed specifically at students,
14is intended for the purpose of disrupting school and has a high
15likelihood of succeeding in that purpose.

16(21) A requirement that all students shall be protected
17regardless of their status under the law.

18(22) A requirement that notice of a school district's policy
19shall appear in any publication of the school district that
20states the comprehensive rules, procedures and standards of
21conduct for schools within the school district and in any
22student handbook.

23[(b) Each school entity shall make the policy available on
24its publicly accessible Internet website, if available, and in
25every classroom. Each school entity shall post the policy at a
26prominent location within each school building where such
27notices are usually posted. Each school entity shall ensure that
28the policy and procedures for reporting bullying incidents are
29reviewed with students within ninety (90) days after their
30adoption and thereafter at least once each school year.

1(c) Each school entity shall review its policy every three
2(3) years and annually provide the office with a copy of its
3policy relating to bullying, including information related to
4the development and implementation of any bullying prevention,
5intervention and education programs. The information required
6under this subsection shall be attached to or made part of the
7annual report required under section 1303-A(b).]

8(d) In its policy relating to bullying adopted or maintained
9under subsection (a), a school entity shall not be prohibited
10from defining bullying in such a way as to encompass acts that
11occur outside a school setting if those acts meet the
12requirements contained in subsection [(e)(1), (3) and (4)] (e)
13(1) and (3). If a school entity reports acts of bullying to the
14office in accordance with section 1303-A(b), it shall report all
15incidents that qualify as bullying under the entity's adopted
16definition of that term.

17(d.1) A school entity shall annually conduct a survey of its
18middle school and high school students relating to bullying.

19(e) For purposes of this article, ["bullying" shall mean an
20intentional electronic, written, verbal or physical act, or a
21series of acts:

22(1) directed at another student or students;

23(2) which occurs in a school setting;

24(3) that is severe, persistent or pervasive; and

25(4) that has the effect of doing any of the following:

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

27(ii) creating a threatening environment; or

28(iii) substantially disrupting the orderly operation of the
29school; and] "electronic communication" shall mean any 
30communication through an electronic device including, but not 

1limited to, a telephone, cellular phone, computer or pager, 
2which communication included, but is not limited to, e-mail, 
3instant messaging, text messaging, blogs, mobile phones, pagers, 
4online games and Internet websites; and

5"harassment, intimidation, bullying and cyberbullying" shall
6mean any written, verbal or physical act, or any electronic
7communication including, but not limited to, one shown to be
8motivated by a student's actual or perceived race, color,
9religion, national origin, ancestry or ethnicity, sexual
10orientation, physical, mental, emotional or learning disability,
11gender, gender identity and expression or other distinguishing
12personal characteristic or based on association with any such
13characteristic, when the written verbal or physical act or
14electronic communication:

15(1) is directed at another student;

16(2) occurs in a school setting or through the use of data,
17telephone or computer software that is accessed through a
18computer, computer system or computer network of any public
19educational institution; and

20(3) has the effect of doing any of the following:

21(i) substantially interfering with a student's educational
22opportunities;

23(ii) being so severe, persistent or pervasive that it
24creates an intimidating or threatening educational environment;
25both in the view of the targeted student and in the view of a
26reasonable school official;

27(iii) substantially disrupting the orderly operation of the
28school; or

29(iv) physically harming a student or damaging a student's
30property; and

1"school setting" shall mean in the school, on school grounds,
2in school buses, in school vehicles, at a designated bus stop or
3at any activity or event sponsored, supervised or sanctioned by
4the school.

5Section 4. The act is amended by adding a section to read:

6Section 1303.2-A. Department of Education Requirements and
7Responsibilities.--(a) The Department of Education shall have
8the following duties to enforce compliance with section 1303.1-
9A:

10(1) Develop a model policy and training materials on the
11components that should be included in any school entity policy
12developed under section 1303.1-A.

13(2) Periodically review school district programs, activities
14and services to determine whether the school boards are
15complying with section 1303.1-A.

16(3) Compile and make available to all schools a list of
17programs appropriate for the prevention of harassment,
18intimidation, bullying or cyberbullying of students.

19(4) Establish and maintain a central repository for the
20collection and analysis of information regarding harassment,
21intimidation, bullying or cyberbullying.

22(5) Report to the General Assembly annually on the current
23levels and nature of harassment, intimidation and bullying in
24the schools and the effectiveness of school policies under this
25statute in combating harassment, intimidation, bullying or
26cyberbullying, including recommendations for appropriate actions
27to address identified problems.

28(b) A school employe, school volunteer, student, parent or
29guardian who promptly reports in good faith an act of
30harassment, intimidation, bullying or cyberbullying to the

1appropriate school official designated in the school district's
2policy established under section 1303.1-A and who makes this
3report in compliance with the procedures set forth in the policy
4is immune from a cause of action for damages arising out of the
5reporting itself or any failure to remedy the reported incident.

6(c) (1) Distribution of safe schools funds to a school
7district shall be contingent upon the State Board of Education's
8approval of each school district policy established under
9section 1303.1-A. The board's approval of each school district's
10policy shall be granted upon certification by the board that the
11school district's policy has been submitted to the board and is
12in substantial conformity with the board's model policy.

13(2) Distribution of safe schools funds provided to a school
14district shall be contingent upon and payable to the school
15district upon the school district's compliance with all
16reporting procedures contained in this section and section
171303.1-A.

18(d) Nothing in this article shall be construed:

19(1) to prevent a target of harassment, intimidation,
20bullying or cyberbullying from seeking redress under any other
21available law either civil or criminal; or

22(2) to infringe upon the right of a school employe or
23student to engage in speech or expression protected by the
24Constitution of the United States or the Constitution of
25Pennsylvania.

26Section 5. This act shall take effect in 60 days.