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PRINTER'S NO. 2877
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1753
Session of
2018
INTRODUCED BY SIMS, ROZZI, FRANKEL, SCHWEYER, O'BRIEN, DEAN,
DERMODY, BERNSTINE, BRIGGS, DAVIS, BOBACK, KINSEY,
SCHLOSSBERG, CALTAGIRONE, THOMAS, VAZQUEZ, V. BROWN, WARREN,
DONATUCCI, DeLUCA, HILL-EVANS, BRADFORD AND D. COSTA,
JANUARY 11, 2018
REFERRED TO COMMITTEE ON EDUCATION, JANUARY 11, 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 preliminary provisions, providing
for annual report card on sexual violence and harassment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 126. Annual report card on sexual violence and
harassment.--(a) By December 31 of each year:
(1) Each school entity and postsecondary institution shall
submit to the Department of Education information on sexual
violence and harassment incidents that occurred at the school
entity or postsecondary institution.
(2) The Department of Education shall publish an annual
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report card on sexual violence and harassment incidents reported
by school entities and postsecondary institutions during the
previous school year. The annual report card shall include the
following information:
(i) The number of reported alleged incidents of rape, sexual
assault, sexual harassment, dating violence and stalking.
(ii) The number of incidents that were investigated by each
school entity or postsecondary institution and the number of
cases processed through the disciplinary proceedings of the
school entity or postsecondary institution.
(b) The report card must be posted on the Department of
Education's publicly accessible Internet website.
(c) Information shall be reported in a manner that provides
appropriate protections for the privacy of individuals involved,
including, but not limited to, protection of the confidentiality
of an alleged victim and of the alleged perpetrator, consistent
with the Family Educational Rights and Privacy Act of 1974
(Public Law 90-247, 20 U.S.C. § 1232g).
(d) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Dating violence." As defined in section 1553.
"Domestic violence." The wilful intimidation, physical
assault, battery, sexual assault or other abusive behavior as
part of a systematic pattern of power and control perpetrated by
one intimate partner against another, including, but not limited
to, physical violence, sexual violence, psychological violence
and emotional abuse.
"Postsecondary institution." An institution of higher
education, a community college, a State-related institution or a
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member institution of the State System of Higher Education.
"Rape." As defined in 18 Pa.C.S. § 3121 (relating to rape).
"School entity." A public school district, charter school,
cyber charter school or area vocational-technical school.
"Sexual assault." The term includes:
(1) Aggravated indecent assault as defined in 18 Pa.C.S. §
3125 (relating to aggravated indecent assault).
(2) Indecent assault as defined in 18 Pa.C.S. § 3126
(relating to indecent assault).
(3) Indecent exposure as defined in 18 Pa.C.S. § 3127
(relating to indecent exposure).
(4) Institutional sexual assault as provided in 18 Pa.C.S. §
3124.2 (relating to institutional sexual assault).
(5) Involuntary deviate sexual intercourse as defined in 18
Pa.C.S. § 3123 (relating to involuntary deviate sexual
intercourse).
(6) Sexual assault as provided in 18 Pa.C.S. § 3124.1
(relating to sexual assault).
(7) Statutory sexual assault as provided in 18 Pa.C.S. §
3122.1 (relating to statutory sexual assault).
"Sexual harassment." Any unwelcome conduct of a sexual
nature, including, but not limited to, unwelcome sexual
advances, requests for sexual favors and other verbal, nonverbal
or physical conduct of a sexual nature, verbal acts and name-
calling, graphic and written statements or conduct that is
physically threatening, harmful or humiliating.
"Stalking." As defined in 18 Pa.C.S. § 2709.1 (relating to
stalking).
Section 2. This act shall take effect in 60 days.
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