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PRINTER'S NO. 322
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
326
Session of
2017
INTRODUCED BY D. COSTA, MILLARD, SCHLOSSBERG, McCLINTON,
V. BROWN, MURT, KINSEY, FRANKEL, KAVULICH, CALTAGIRONE, DAY,
McNEILL, DONATUCCI, READSHAW, DeLUCA, FREEMAN, KORTZ AND
NEILSON, FEBRUARY 3, 2017
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 3, 2017
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 definitions and for policy relating to bullying.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1301-A of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended by adding a definition to read:
Section 1301-A. Definitions.--As used in this article,
* * *
"Nonpublic school" shall mean any school, other than a public
school within this Commonwealth, wherein a resident of this
Commonwealth may legally fulfill the compulsory school
attendance requirements of this act.
* * *
Section 2. Section 1303.1-A of the act is amended to read:
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Section 1303.1-A. Policy Relating to Bullying.--(a) No
later than January 1, 2009, each school entity shall adopt a
policy or amend its existing policy relating to bullying and
incorporate the policy into the school entity's code of student
conduct required under 22 Pa. Code ยง 12.3(c) (relating to school
rules). No later than January 1, 2018, each nonpublic school
shall adopt a policy or amend its existing policy relating to
bullying and make this policy available to students and the
public under subsection (b). The policy shall delineate
disciplinary consequences for bullying and may provide for
prevention, intervention and education programs, provided that
no school entity or nonpublic school 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.
(b) Each school entity and nonpublic school shall make the
policy available on its publicly accessible Internet website, if
available, and in every classroom. Each school entity and
nonpublic school shall post the policy at a prominent location
within each school building where such notices are usually
posted. Each school entity and nonpublic school 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 and nonpublic school 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]
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For school entities, 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 or nonpublic school 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). 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
"school setting" shall mean in the school, on school grounds,
in school vehicles, at a designated bus stop or at any activity
sponsored, supervised or sanctioned by the school.
Section 3. This act shall take effect in 60 days.
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