PRINTER'S NO. 1615
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1308
Session of
2017
INTRODUCED BY KAMPF, PICKETT, V. BROWN, SCHLOSSBERG, GODSHALL,
CHARLTON, ROEBUCK, BARRAR, HELM, ROTHMAN, QUIGLEY, HEFFLEY,
RYAN, NEILSON AND MILNE, MAY 1, 2017
REFERRED TO COMMITTEE ON EDUCATION, MAY 1, 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; in safe schools, further
providing for Office for Safe Schools and for regulations;
and, in disruptive student programs, further providing for
definitions.
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
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
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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.
(c) The school board, superintendent of a school district or
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 a modification
to the duration of the expulsion. 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]:
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(1) Make an alternative assignment or provide alternative
educational services during the period of expulsion.
(2) Provide for appropriate discipline, including expulsion,
for a student who is determined to have brought onto or is in
possession of a weapon on school property, at a school-sponsored
activity or on a 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"] following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Firearm" shall have the meaning given under 18 U.S.C. §
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921(a)(3) (relating to definitions).
"Weapon" shall [include, but not be limited to,] mean any
knife, cutting instrument, cutting tool, nunchaku[, firearm,
shotgun, rifle] and any other tool, instrument or implement
capable of inflicting serious bodily injury.
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. 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) Except as provided under section 1317.2, students eleven
(11) years of age or older may be subject to out-of-school
suspension and expulsion only after other behavioral supports
and interventions have failed, unless the discipline is based on
conduct that is of a violent or sexual nature that endangers
others. Students eleven (11) years of age or older who receive
discipline under this section must be offered an alternative
educational setting to continue the student's education during
the pendency of the classroom removal, which shall include at
least ten (10) hours of grade-level instruction per week. A plan
of supportive services must be in place prior to the student's
return to the regular classroom. The Department of Education
shall provide technical assistance to school districts in
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developing student codes of conduct that reflect current Federal
guidance and best practices on appropriate use of out-of-school
suspension and expulsion.
(c) Except as provided under section 1317.2(a), students ten
(10) years of age or younger may not receive out-of-school
suspension or expulsion unless the discipline is based on
conduct that is of a violent or sexual nature that endangers
others. Students ten (10) years of age or younger who receive
this discipline must be offered an alternative educational
setting to continue the student's education during the pendency
of the classroom removal, which shall include at least ten (10)
hours of grade-level instruction per week. A plan of supportive
services must be in place prior to the student's return to the
regular classroom.
(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 out-of-school suspension or expulsion. The intervention
shall be designed to assist the return of the student to a
classroom setting to minimize the disruption of the student's
academic instruction.
Section 2. Section 1302-A(b)(4.1), (c.1)(1) and (d)(2)(iv)
of the act are amended and the section is amended by adding a
subsection to read:
Section 1302-A. Office for Safe Schools.--* * *
(b) The office shall have the power and duty to implement
the following:
* * *
(4.1) To verify the existence of corrective action plans to
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reduce incidents of violence as required in the [No Child Left
Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425)] Every
Student Succeeds Act (Public Law 114-95, 129 Stat. 1802).
* * *
(b.2) The office shall review and monitor statistical data
collected on expulsion, out-of-school suspension, referral to
alternative education for disruptive youths and referrals to law
enforcement to identify schools and local educational agencies
that are statistical outliers in the use of disciplinary
exclusion of students as follows:
(1) Schools identified as statistical outliers shall be
further examined by the office.
(2) The office shall provide technical assistance where
corrective action is indicated.
(3) As part of its technical assistance to schools, the
department may require the school district in question to
establish a disciplinary policy review committee that includes,
but is not limited to, parents of students enrolled in the
school district and advocates representing the interests of
children and families. The committee shall review disciplinary
data and procedures and make recommendations for changes in
school policy and practice.
* * *
(c.1) (1) In addition to the powers and duties set forth
under subsections (b), (b.1), (b.2) and (c), the office is
authorized to make targeted grants to school entities,
municipalities, local law enforcement agencies and approved
vendors to fund programs which address school violence by
establishing or enhancing school security, including costs
associated with the training and compensation of school resource
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officers and school police officers. Municipalities or local law
enforcement agencies that receive grants under this subsection
shall, with the prior consent of the governing board of the
school entity or nonpublic school, assign school resource
officers to carry out their official duties on the premises of
the school entity or nonpublic school.
* * *
(d) The office shall have the following duties as to
targeted grants:
* * *
(2) The office shall:
* * *
(iv) For school entities, municipalities, local law
enforcement agencies and nonpublic schools that apply for
funding for the training and compensation of school resource
officers and school police officers under subsection (c.1), give
priority to school entities, municipalities, local law
enforcement agencies and nonpublic schools that utilize school
resource officers or school police officers who have completed
additional training recommended by the Department of Education
relating to interaction with all children and adolescents within
a school setting[.], including training in two or more of the
following:
(A) De-escalation techniques.
(B) Disabilities and their impact on student cognition,
communication and behavior.
(C) Disability rights under Federal and State law.
(D) Cultural competency.
(E) Restorative practices.
(F) Child development.
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(G) Child psychology.
* * *
Section 3. Section 1302.1-A(a)(3) of the act is amended to
read:
Section 1302.1-A. Regulations.--(a) Within one year of the
effective date of this section, the State Board of Education
shall promulgate final-omitted regulations pursuant to the act
of June 25, 1982 (P.L.633, No.181), known as the "Regulatory
Review Act," necessary to implement this article. The
regulations shall include the following:
* * *
[(3) Protocol for the notification of the police department
at the discretion of the chief school administrator regarding an
offense listed under section 1303-A(b)(4.2) or any other offense
that occurs on school property.]
* * *
Section 4. Section 1901-C(5) of the act, amended November 3,
2016 (P.L.1061, No.138), is amended to read:
Section 1901-C. Definitions.--For purposes of this article,
the following terms shall have the following meanings:
* * *
(5) "Disruptive student." A student who poses a clear
threat to the safety and welfare of other students or the school
staff, who creates an unsafe school environment or whose
behavior materially interferes with the learning of other
students or disrupts the overall educational process. The
disruptive student exhibits to a marked degree any or all of the
following conditions:
[(i) Disregard for school authority, including persistent
violation of school policy and rules.]
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(ii) Display or use of controlled substances on school
property or during school-affiliated activities.
(iii) Violent or threatening behavior on school property or
during school-affiliated activities.
(iv) Possession of a weapon on school property, as defined
under 18 Pa.C.S. § 912 (relating to possession of weapon on
school property).
(v) Commission of a criminal act on school property or
during school-affiliated activities.
(vi) Misconduct that would merit suspension or expulsion
under school policy.
No student who is eligible for special education services
pursuant to the Individuals with Disabilities Education Act
(Public Law 91-230, 20 U.S.C. § 1400 et seq.) shall be deemed a
disruptive student for the purposes of this act, except as
provided for in 22 Pa. Code § 14.35 (relating to discipline).
* * *
Section 5. Any regulation inconsistent with this act is
abrogated to the extent of that inconsistency.
Section 6. This act shall take effect as follows:
(1) The amendment of sections 1317.2 and 1318 of the act
shall take effect immediately.
(2) The remainder of this act shall take effect July 1,
2017.
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