Regular Session 2017-2018 House Bill 0715 P.N. 1254

PRINTER'S NO. 1254

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

715

Session of

2017

INTRODUCED BY J. HARRIS, WHEATLEY, CALTAGIRONE, KINSEY,

D. COSTA, McCLINTON, V. BROWN, BULLOCK AND LEWIS,

APRIL 4, 2017

REFERRED TO COMMITTEE ON EDUCATION, APRIL 4, 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 pupils and attendance, further

providing for possession of weapons prohibited and for

suspension and expulsion of pupils.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 1317.2 and 1318 of the act of March 10,

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

are amended to read:

Section 1317.2. Possession of [Weapons] Firearms

Prohibited.--(a) Except as otherwise provided in this section,

a school district or area vocational-technical school [shall]

may expel, for a period of not less than one year, any student

who is determined to have brought onto or is in possession of a

[weapon] firearm on any school property, any school-sponsored

activity or any public conveyance providing transportation to a

school or school-sponsored activity.

(b) Every school district and area vocational-technical

school shall develop a written policy regarding expulsions for

possession of a [weapon] firearm as required under this section.

Expulsions shall [be conducted pursuant to] comply with all

applicable regulations.

an administrative director of an area vocational-technical

school may recommend modifications of such expulsion

requirements for a student on a case-by-case basis.

Modifications shall be in writing and may include the duration

of the expulsion or an explanation of the decision not to expel.

The superintendent or other chief administrative officer of a

school entity shall, in the case of an exceptional student, take

all steps necessary to comply with the Individuals with

Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1400

et seq.).

(d) The provisions of this section shall not apply to the

following:

(1) a [weapon] firearm being used as part of a program

approved by a school by an individual who is participating in

the program; or

(2) a [weapon] firearm that is unloaded and is possessed by

an individual while traversing school property for the purpose

of obtaining access to public or private lands used for lawful

hunting, if the entry on school premises is authorized by school

authorities.

(e) Nothing in this section shall be construed as limiting

the authority or duty of a school or area vocational-technical

school to [make]:

(1) Make an alternative assignment or provide alternative

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educational services during the period of expulsion.

(2) Provide for other less exclusionary discipline or no

discipline for a student who is determined to have brought onto

or is in possession of a firearm on any school property, any

school-sponsored activity or any public conveyance providing

transportation to a school or school-sponsored activity.

(e.1) A school district receiving a student who transfers

from a public or private school during a period of expulsion for

an act or offense involving a [weapon] firearm may assign that

student to an alternative assignment or provide alternative

education services, provided that the assignment may not exceed

the period of expulsion.

(f) All school districts and area vocational-technical

schools shall report all incidents involving possession of a

[weapon] firearm prohibited by this section as follows:

(1) The school superintendent or chief administrator shall

report the discovery of any [weapon] firearm prohibited by this

section to local law enforcement officials.

(2) The school superintendent or chief administrator shall

report to the Department of Education all incidents relating to

expulsions for possession of a [weapon] firearm on school

grounds, school-sponsored activities or public conveyances

providing transportation to a school or school-sponsored

activity. Reports shall include all information as required

under section 1303-A.

(g) As used in this section, the term ["weapon" shall

include, but not be limited to, any knife, cutting instrument,

cutting tool, nunchaku, firearm, shotgun, rifle and any other

tool, instrument or implement capable of inflicting serious

bodily injury] "firearm" shall have the meaning given to it

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under 18 U.S.C. § 921(a)(3) (relating to definitions).

Section 1318. Suspension and Expulsion of Pupils.--(a)

Every principal or teacher in charge of a public school may

temporarily suspend any pupil on account of disobedience or

misconduct, and any principal or teacher suspending any pupil

shall promptly notify the district superintendent or secretary

of the board of school directors. The board may, after a proper

hearing, suspend such child for such time as it may determine,

or may [permanently] expel him for no longer than one year. Such

hearings, suspension, or expulsion may be delegated to a duly

authorized committee of the board, or to a duly qualified

hearing examiner, who need not be a member of the board, but

whose adjudication must be approved by the board.

(b) (1) A student in grades six through twelve may be

subject to:

(i) Out-of-school suspension for only the most serious

offenses and only after other documented behavioral supports and

interventions have failed.

(ii) Expulsion only for offenses involving a firearm,

distribution of alcohol or drugs or for the willful infliction

of serious bodily injury to another person.

(2) The Department of Education shall provide technical

assistance to school districts in developing student codes of

conduct that reflect best practices to reduce the overuse of

discipline that removes a student from the classroom.

(3) A student in grades six through twelve who receives

discipline under this subsection must be offered an alternative

educational setting to continue the student's education during

the pendency of the classroom removal. The alternative

educational setting shall include at least 20 hours of grade-

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level instruction per week. A plan of supportive services must

be in place prior to the student's return to the regular

classroom.

not receive an out-of-school suspension or expulsion except

under circumstances where the discipline is based on conduct

that is of a violent or sexual nature that endangers others.

(2) A student who receives discipline under paragraph (1)

must be offered an alternative educational setting to continue

the student's education during the pendency of the classroom

removal. The alternative educational setting shall include at

least 20 hours of grade-level instruction per week. A plan of

supportive services must be in place prior to the child's return

to the regular classroom.

(3) As used in this subsection, the following terms shall

have the meanings given to them in this paragraph:

"Sexual" shall mean any prohibited sexual contact that causes

harm as defined in 18 Pa.C.S. § 6312 (relating to sexual abuse

of children).

"Violent" shall mean having caused serious bodily injury as

defined in 42 Pa.C.S. § 6302 (relating to definitions).

(d) School districts shall utilize evidence-based or

research-based behavioral supports and interventions and other

appropriate remedial measures, including restorative justice

practices, to prevent the recurrence of the behavior that led to

the student's out-of-school suspension or expulsion. Any

intervention shall be designed to assist the return of the

student to a classroom setting to minimize disruption of the

student's academic instruction.

Section 2. This act shall take effect in 60 days.

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