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PRINTER'S NO. 2870
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1752
Session of
2018
INTRODUCED BY BOBACK, DEAN, FRANKEL, DALEY, DERMODY, MILLARD,
CALTAGIRONE, READSHAW, HELM, SCHWEYER, NEILSON, MULLERY,
TOOHIL, ROZZI, SCHLOSSBERG, KORTZ, HILL-EVANS, DRISCOLL,
MURT, GILLEN, ROEBUCK, BRADFORD AND WATSON, JANUARY 9, 2018
REFERRED TO COMMITTEE ON EDUCATION, JANUARY 9, 2018
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 Office for Safe Schools.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1302-A(b), (b.1), (c) introductory
paragraph, (3), (6), (7) and (8), (e) and (f) of the act of
March 10, 1949 (P.L.30, No.14), known as the Public School Code
of 1949, are amended and subsection (c) is amended by adding a
paragraph to read:
Section 1302-A. Office for Safe Schools.--* * *
(b) The office shall have the power and duty to implement
the following:
(1) To coordinate antiviolence efforts between school
entities, postsecondary institutions, professional, parental,
familial, governmental, law enforcement and community
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organizations and associations.
(2) To collect, develop and disseminate information,
policies, strategies and other information to assist in the
development of programs to [impact] improve prevention of and
response to school violence.
(2.1) To direct all school entities and postsecondary
institutions to submit annual school violence statistics and
reports to the office no later than July 31 of each year.
(3) To provide [direct training to] professional development
training opportunities for school employes and staff and faculty
of postsecondary institutions, so that the school employes and
staff and faculty are equipped with the necessary tools and
skills to work with students, parents and families, law
enforcement officials and communities on effective measures to
prevent and combat school violence.
(4) To advise school entities [and], nonpublic schools and
postsecondary institutions on the development of policies to be
used regarding possession of weapons by any person, acts of
violence and protocols for coordination with and reporting to
law enforcement officials and the Department of Education.
(4.1) [To verify the existence of corrective action plans to
reduce incidents of violence as required in the No Child Left
Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425).] To
monitor and prioritize resources and supports to schools
identified as persistently dangerous under the Elementary and
Secondary Education Act of 1965 (Public Law 89-10, 20 U.S.C. §
6301 et seq.), as amended by the Every Student Succeeds Act
(Public Law 114-95, 129 Stat. 1802).
(5) To develop forms to be used by school entities and
police departments for reporting incidents involving acts of
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violence and possession of weapons on school property. The forms
shall be reviewed on a biennial basis and revised when
necessary.
(6) To verify that each school entity [has a biennially
updated and reexecuted memorandum of understanding with local
law enforcement and has filed such memorandum with the office on
a biennial basis.] and postsecondary institution is in
compliance with Federal and State requirements related to
coordination with local law enforcement, including, for school
entities, a memorandum of understanding with local law
enforcement updated, reexecuted and filed with the office on a
biennial basis.
(7) To publish and post on the Department of Education's
Internet website a School and Campus Safety Annual Report no
later than November 1 of each calendar year outlining all
incidents required to be reported under section 1303-A and any
school [district] entity that failed to submit a report under
section 1303-A[.], including each incident required to be
reported by postsecondary institutions under section 485(f) of
the Higher Education Act of 1965 (Public Law 89-329, 20 U.S.C. §
1092(f)), and the regulations at 34 CFR 668.46 (relating to
institutional security policies and crime statistics).
(8) To establish criteria, in consultation with the
Pennsylvania State Police, for certifying approved vendors to
provide school police officers to nonpublic schools for the
purposes of awarding grants under subsection (c.1)(3).
(9) To publish and post on the Department of Education's
publicly accessible Internet website a listing of all approved
vendors under paragraph (8).
(10) To develop guidelines and resources for school entities
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and postsecondary institutions to eliminate harassment and
violence on the basis of race, color, religious creed, ancestry,
sex, sexual orientation, gender identity or expression, national
origin, handicap or disability.
(11) To monitor the compliance by school entities and
postsecondary institutions with Federal and State laws, rules
and regulations concerning sexual harassment, sexual misconduct
and sexual discrimination towards students and promote resources
and professional development to improve employe knowledge of the
laws, rules and regulations and of their reporting
responsibilities. The office shall review data submitted by
school entities and postsecondary institutions and request
additional information demonstrating compliance with relevant
laws, rules and regulations from at least ten percent of school
entities and postsecondary institutions each year. The
department shall establish a compliance timetable and rules for
the enforcement of this article, and shall establish guidelines
for nondiscrimination programs to be adopted by school entities
and postsecondary institutions.
(b.1) The office shall process and tabulate the data on an
annual basis to assist [school] administrators at school
entities and postsecondary institutions and law enforcement
officials in their duties under this article.
(c) In addition to the powers and duties set forth under
subsection (b), the office is authorized to make targeted grants
to school entities and postsecondary institutions to fund
programs which address school violence, including:
* * *
(3) Risk assessment, safety-related, violence prevention
curricula and evidence-based programs, including, but not
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limited to, primary prevention programs and risk reduction
programs, bystander intervention, dating violence curricula and
restorative justice strategies.
* * *
(6) Training to undertake a [districtwide] districtwide or
campuswide assessment of risk factors that increase the
likelihood of problem behaviors among students, including the
administration of school or campus climate surveys.
(7) Development and implementation of research-based
violence prevention programs that address risk factors to reduce
incidents of problem behaviors among students including, but not
limited to, bullying and harassment, including sexual assault
and harassment.
(8) [Comprehensive, districtwide school safety, violence
prevention, emergency preparedness and all-hazards plans,
including revisions or updates to such plans and conducting
emergency preparedness drills and related activities with local
emergency responders.] Development or improvement of existing
school or campus reporting systems, including options for
reporting alleged incidents to school or campus officials,
school or campus public safety or local law enforcement. The
reporting systems may include options for confidential or
anonymous reporting, where appropriate.
(8.1) Comprehensive, districtwide or campuswide school
safety , violence prevention, emergency preparedness and all-
hazards plans, including revisions or updates to the plans and
conducting emergency preparedness drills and related activities
with local emergency responders.
* * *
(e) The sum appropriated annually to the Department of
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Education for the purpose of making targeted grants under this
section shall be allocated as follows:
(1) [Forty] Sixty percent of the sum shall be allocated for
grants under subsection (c).
(2) [Sixty] Forty percent of the sum shall be allocated for
grants under subsection (c.1).
(f) As used in this section, ["school entity" shall have the
same meaning given to it under section 222(c).]
"Bystander intervention" shall mean safe and positive options
carried out by an individual to prevent harm or to intervene
when there is a risk of dating violence, domestic violence,
sexual assault or stalking. Bystander intervention includes
recognizing situations of potential harm, understanding
institutional structures and cultural conditions that facilitate
violence, overcoming barriers to intervening, identifying safe
and effective intervention options and taking action to
intervene.
"Postsecondary institution" shall mean any institution of
higher education, a community college, a State-related
institution or a member institution of the State System of
Higher Education.
"Primary prevention programs" shall mean programming,
initiatives and strategies informed by research, or assessed for
value, effectiveness or outcome that are intended to stop dating
violence, domestic violence, sexual assault and stalking before
they occur through the promotion of positive and healthy
behaviors that foster healthy, mutually respectful relationships
and sexuality, encourage safe bystander intervention and seek to
change behavior and social norms in healthy and safe directions.
"Risk reduction" shall mean options designed to decrease
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perpetration and bystander inaction and to increase empowerment
for victims in order to promote safety and help individuals and
communities address conditions that facilitate violence.
"School entity" shall mean a local education agency,
including a public school district, charter school, cyber
charter school or area vocational-technical school.
Section 2. This act shall take effect in 60 days.
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