PRINTER'S NO.  4054

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2636

Session of

2012

  

  

INTRODUCED BY TRUITT, COX, CREIGHTON, DALEY, DAVIS, FLECK, HESS, HORNAMAN, KNOWLES, McGEEHAN, ROCK, SAYLOR AND SIMMONS, SEPTEMBER 24, 2012

  

  

REFERRED TO COMMITTEE ON EDUCATION, SEPTEMBER 24, 2012  

  

  

  

AN ACT

  

1

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

2

act relating to the public school system, including certain

3

provisions applicable as well to private and parochial

4

schools; amending, revising, consolidating and changing the

5

laws relating thereto," in certification of teachers, further

6

providing for program of continuing professional education;

7

in safe schools, further providing for definitions, for

8

reporting and for policy relating to bullying and providing

9

for powers and duties of Department of Education; and, in

10

State System of Higher Education, providing for

11

antiharassment, bullying and cyberbullying policies and

12

procedures.

13

The General Assembly of the Commonwealth of Pennsylvania

14

hereby enacts as follows:

15

Section 1.  Section 1205.2(a) of the act of March 10, 1949

16

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

17

amended July 5, 2012 (P.L.965, No.105), is amended to read:

18

Section 1205.2.  Program of Continuing Professional

19

Education.--(a)  A continuing professional education program is

20

hereby established for professional educators, the satisfactory

21

completion of which is required to maintain active

22

certification. Except as provided in subsection (n.1), the

 


1

continuing professional education program shall require the

2

satisfactory completion of continuing professional education

3

every five (5) years, which shall include:

4

(1)  six (6) credits of collegiate study;

5

(2)  six (6) credits of continuing professional education

6

courses;

7

(3)  one hundred eighty (180) hours of continuing

8

professional education programs, activities or learning

9

experiences; or

10

(4)  any combination of collegiate studies, continuing

11

professional education courses, or other programs, activities or

12

learning experiences equivalent to one hundred eighty (180)

13

hours.

14

The continuing professional education program shall also include

15

at least four (4) hours of training on harassment, bullying and

16

cyberbullying prevention and intervention, including bullying

17

against specific characteristics of students as specified in

18

section 1301-A or completion of the online training and

19

examination programs established in section 1303.2-A(2) and (3).

20

* * *

21

Section 2.  Section 1301-A of the act, amended November 17,

22

2010 (P.L.996, No.104), is amended to read:

23

Section 1301-A.  Definitions.--As used in this article,

24

"Chief school administrator" shall mean the superintendent of

25

a public school district, superintendent of an area vocational-

26

technical school, executive director of an intermediate unit or

27

chief executive officer of a charter school.

28

"Electronic communication" shall mean any form of

29

communication through an electronic device, including, but not

30

limited to, a telephone, cellular phone, computer or pager,

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1

which form of communication includes, but is not limited to, e-

2

mail, instant messaging, text messaging, blog, mobile phone,

3

page, online game and Internet website.

4

"Harassment, bullying or cyberbullying" shall mean any

5

electronic, written, verbal or physical act or conduct which may

6

be based on but not limited to any actual or perceived

7

characteristic, such as race, color, religion, national origin,

8

ancestry or ethnicity; sexual orientation; physical, mental,

9

emotional or learning disability; gender, gender identity or

10

expression; physical appearance or based on an association with

11

a person who has or is perceived to have one or more such

12

characteristics, that has or can be reasonably predicted to have

13

the effect of one or more of the following:

14

(1)  placing a reasonable student or students in fear of

15

physical harm to the student's or students' person or property;

16

(2)  causing a substantially detrimental effect on a

17

reasonable student's or students' physical or mental health;

18

(3)  substantially interfering with a reasonable student's or

19

students' ability to participate in or benefit from the

20

services, activities or privileges provided by a school.

21

"Office" shall mean the Office for Safe Schools within the

22

Department of Education.

23

"School entity" shall mean any public school district,

24

intermediate unit, area vocational-technical school or charter

25

school.

26

"School-based diversion programs" shall mean programs that,

27

in partnership with other stakeholders, divert youth out of the

28

juvenile justice system. These programs include, but are not

29

limited to, youth aid panels in which a panel of community

30

members decide an appropriate resolution to hold the student

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1

accountable for the student's actions by, among other options,

2

requiring the student to complete educational activities,

3

community service, restitution and any other related program or

4

service.

5

"School property" shall mean any public school grounds, any

6

school-sponsored activity or any conveyance providing

7

transportation to a school entity or school-sponsored activity.

8

"School setting" shall mean a school, on school grounds, in a

9

school bus or school vehicle, at a designated bus stop or at any

10

activity or event sponsored, supervised or sanctioned by a

11

school.

12

"School-wide positive behavior support" means a school-wide,

13

evidence-based and data-driven approach to improving school

14

behavior that seeks to reduce unnecessary student disciplinary

15

actions and promote a climate of greater productivity, safety

16

and learning.

17

"Student with a disability" shall mean a student who meets

18

the definition of "child with a disability" under the

19

Individuals with Disabilities Education Act (Public Law 91-230,

20

20 U.S.C. § 1400 et seq.) or who meets the definition of a

21

"handicapped person" under section 504 of the Rehabilitation Act

22

of 1973 (Public Law 93-112, 29 U.S.C. § 794) and its

23

implementing regulations (34 C.F.R. § 104.3(j)). The term

24

includes a student for whom an evaluation is pending under

25

either the Individuals with Disabilities Education Act or

26

Rehabilitation Act.

27

"Weapon" shall include, but not be limited to, any knife,

28

cutting instrument, cutting tool, nunchaku, firearm, shotgun,

29

rifle and any other tool, instrument or implement capable of

30

inflicting serious bodily injury.

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1

Section 3.  Section 1303-A of the act, amended November 17,

2

2010 (P.L.996, No.104) and June 30, 2011 (P.L.112, No.24), is

3

amended to read:

4

Section 1303-A.  Reporting.--(a)  [The office shall conduct a

5

one-time survey of all school entities to determine the number

6

of incidents involving acts of violence on school property and

7

all cases involving possession of a weapon by any person on

8

school property which occurred within the last five (5) years.

9

The survey shall be based on the best available information

10

provided by school entities] All reporting for incidents

11

involving acts of violence, possession of a weapon or

12

possession, use or sale of controlled substances as defined in

13

section 2 of the act of April 14, 1972 (P.L.233, No.64), known

14

as "The Controlled Substance, Drug, Device and Cosmetic Act," or

15

possession, use or sale of alcohol or tobacco by any person on

16

school property shall be reported pursuant to the procedure in

17

section 1303.2-A.

18

(b)  [Each chief school administrator shall report to the

19

office by July 31 of each year all new incidents involving acts

20

of violence, possession of a weapon or possession, use or sale

21

of controlled substances as defined in the act of April 14, 1972

22

(P.L.233, No.64), known as "The Controlled Substance, Drug,

23

Device and Cosmetic Act," or possession, use or sale of alcohol

24

or tobacco by any person on school property. The incidents to be

25

reported to the office shall include all incidents involving

26

conduct that constitutes a criminal offense listed under

27

paragraphs (4.1) and (4.2). Reports on a form to be developed

28

and provided by the office shall include] At a minimum, the acts

29

of violence online interface within the safe schools online

30

portal shall include areas to enter the following information:

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1

(1)  Age or grade of student.

2

(2)  Name and address of school.

3

(3)  Circumstances surrounding the incident, including, but

4

not limited to, type of weapon, controlled substance, alcohol or

5

tobacco, the date, time and location of the incident, if a

6

person other than a student is involved in the incident and any

7

relationship to the school entity.

8

(3.1)  Race of student.

9

(3.2)  Whether the student has an Individualized Education

10

Plan under the Individuals with Disabilities Education Act

11

(Public Law 91-230, 20 U.S.C. § 1400 et seq.), and if so, the

12

type of disability.

13

(4)  Sanction imposed by the school.

14

(4.1)  A list of criminal offenses which shall, at a minimum,

15

include:

16

(i)  The following offenses under 18 Pa.C.S. (relating to

17

crimes and offenses):

18

Section 908 (relating to prohibited offensive weapons).

19

Section 912 (relating to possession of weapon on school

20

property).

21

Chapter 25 (relating to criminal homicide).

22

Section 2702 (relating to aggravated assault).

23

Section 2709.1 (relating to stalking).

24

Section 2901 (relating to kidnapping).

25

Section 2902 (relating to unlawful restraint).

26

Section 3121 (relating to rape).

27

Section 3122.1 (relating to statutory sexual assault).

28

Section 3123 (relating to involuntary deviate sexual

29

intercourse).

30

Section 3124.1 (relating to sexual assault).

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1

Section 3124.2 (relating to institutional sexual assault).

2

Section 3125 (relating to aggravated indecent assault).

3

Section 3126 (relating to indecent assault).

4

Section 3301 (relating to arson and related offenses).

5

Section 3307 (relating to institutional vandalism) when the

6

penalty is a felony of the third degree.

7

Section 3502 (relating to burglary).

8

Section 3503(a) and (b)(1)(v) (relating to criminal

9

trespass).

10

Section 5501 (relating to riot).

11

Section 6110.1 (relating to possession of firearm by minor).

12

(ii)  The possession, use or sale of a controlled substance

13

or drug paraphernalia as defined in "The Controlled Substance,

14

Drug, Device and Cosmetic Act."

15

(iii)  Attempts, solicitation or conspiracy to commit any of

16

the offenses listed in subclauses (i) and (ii).

17

(iv)  An offense for which registration is required under 42

18

Pa.C.S. § 9795.1 (relating to registration).

19

(4.2)  The following offenses under 18 Pa.C.S., and any

20

attempt, solicitation or conspiracy to commit any of these

21

offenses:

22

Section 2701 (relating to simple assault).

23

Section 2705 (relating to recklessly endangering another

24

person).

25

Section 2706 (relating to terroristic threats).

26

Section 2709 (relating to harassment).

27

Section 3127 (relating to indecent exposure).

28

Section 3307 (relating to institutional vandalism) when the

29

penalty is a misdemeanor of the second degree.

30

Section 3503(b)(1)(i), (ii), (iii) and (iv), (b.1) and (b.2)

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1

(relating to criminal trespass).

2

Chapter 39 (relating to theft and related offenses).

3

Section 5502 (relating to failure of disorderly persons to

4

disperse upon official order).

5

Section 5503 (relating to disorderly conduct).

6

Section 6305 (relating to sale of tobacco).

7

Section 6306.1 (relating to use of tobacco in schools

8

prohibited).

9

Section 6308 (relating to purchase, consumption, possession

10

or transportation of liquor or malt or brewed beverages).

11

(4.3)  If the discipline infraction was a violation of the

12

policy adopted under section 1303.1-A.

13

(5)  Notification of law enforcement.

14

(5.1)  Law enforcement response.

15

(6)  Remedial programs involved.

16

(7)  Parental involvement required.

17

(8)  Arrests, convictions and adjudications, if known.

18

(b.1)  [Prior to submitting the report required under

19

subsection (b), each chief school administrator] The principal

20

or designated alternate shall send an acts of violence online

21

report from the acts of violence online interface within the

22

safe schools online portal to the police department that has

23

jurisdiction over the relevant school property on an annual

24

basis pursuant to section 1303.2-A after it is received from the

25

Department of Education. Each principal or designated alternate 

26

and each police department having jurisdiction over school

27

property of the school entity shall [do all of the following]

28

have the following responsibilities:

29

(1)  [No later than thirty (30) days prior to the deadline

30

for submitting the report to the office required under

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1

subsection (b), the chief school administrator] The principal or

2

designated alternate shall submit the report to the police

3

department with jurisdiction over the relevant school property.

4

The police department shall review the report and compare the

5

data regarding criminal offenses and notification of law

6

enforcement to determine whether the report accurately reflects

7

police incident data.

8

(2)  No later than [fifteen (15) days prior to the deadline

9

for the chief school administrator to submit the report required

10

under subsection (b)] twenty-one (21) days after receiving the

11

acts of violence report, the police department shall notify the

12

[chief school administrator] principal or designated alternate,

13

in writing, whether the report accurately reflects police

14

incident data. Where the police department determines that the

15

report accurately reflects police incident data, the chief of

16

police shall sign the report. Where the police department

17

determines that the report does not accurately reflect police

18

incident data, the police department shall indicate any

19

discrepancies between the report and police incident data.

20

(3)  [Prior to submitting the report required under

21

subsection (b), the chief school administrator and the police

22

department shall attempt to resolve discrepancies between the

23

report and police incident data.] Where a discrepancy remains

24

unresolved, the police department shall notify the [chief school

25

administrator and the office] principal or designated alternate 

26

in writing.

27

(4)  Where a police department fails to take action as

28

required under paragraph (2) or (3), the [chief school

29

administrator shall submit the report required under subsection

30

(b) and indicate that the police department failed to take

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1

action as required under paragraph (2) or (3)] principal or

2

designated alternate shall indicate such by entering the

3

information in the acts of violence online interface within the

4

safe schools online portal pursuant to section 1303-A(b).

5

(c)  Each [chief school administrator] principal or

6

designated alternate shall form an advisory committee composed

7

of relevant school staff, including, but not limited to,

8

principals, security personnel, school resource officers,

9

guidance counselors and special education administrators, to

10

assist in the development of a memorandum of understanding

11

pursuant to this section. In consultation with the advisory

12

committee, each [chief school administrator] principal or

13

designated alternate shall enter into a memorandum of

14

understanding with police departments having jurisdiction over

15

school property of the school entity. Each [chief school

16

administrator] principal or designated alternate shall submit a

17

copy of the memorandum of understanding to the office by June

18

30, 2011, and biennially update and re-execute a memorandum of

19

understanding with local law enforcement and file such

20

memorandum with the office on a biennial basis. The memorandum

21

of understanding shall be signed by the [chief school

22

administrator] principal or designated alternate, the chief of

23

police of the police department with jurisdiction over the

24

relevant school property and principals of each school building

25

of the school entity. The memorandum of understanding shall

26

comply with the regulations promulgated by the State Board of

27

Education under section 1302.1-A and shall also include:

28

(1)  The procedure for police department review of the annual

29

report required under subsection (b)[prior to the chief school

30

administrator filing the report required under subsection (b)

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1

with the office].

2

(2)  A procedure for the resolution of school violence data

3

discrepancies in the report [prior to filing the report required

4

under subsection (b) with the office].

5

(3)  Additional matters pertaining to crime prevention agreed

6

to between the [chief school administrator] principal or

7

designated alternate and the police department.

8

(d)  Pursuant to section 615 of the Individuals with

9

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

10

1415(k)(6)), nothing in section 1302.1-A or this section shall

11

be construed to prohibit a school entity from reporting a crime

12

committed by a child with a disability to appropriate

13

authorities or to prevent State law enforcement and judicial

14

authorities from exercising their responsibilities with regard

15

to the application of Federal and State law to crimes committed

16

by a child with a disability.

17

(e)  (1)  Notwithstanding any provision of law to the

18

contrary, the Department of Education may initiate disciplinary

19

action before the Professional Standards and Practices

20

Commission pursuant to the act of December 12, 1973 (P.L.397,

21

No.141), known as the "Professional Educator Discipline Act,"

22

against a [chief school administrator or] principal or

23

designated alternate of a school entity who intentionally fails

24

to submit the report as required under subsection (b) or enter

25

into the memorandum of understanding with the police department

26

with jurisdiction over the relevant school property, report an

27

incident involving an act of violence, possession of a weapon or

28

an offense listed under subsection (b)(4.1) that occurs on

29

school property to a police department or submit a copy of the

30

memorandum of understanding to the office as required under

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1

subsection (c) or who intentionally falsifies a report submitted

2

as required under this section.

3

(2)  In addition to any other disciplinary actions set forth

4

in the "Professional Educator Discipline Act," a [chief school

5

administrator or] principal or designated alternate of a school

6

entity who intentionally fails to [submit the report] enter

7

thorough and accurate information into the acts of violence

8

online interface as required under subsection (b) or enter into

9

the memorandum of understanding with the police department with

10

jurisdiction over the relevant school property, report an

11

incident involving an act of violence, possession of a weapon or

12

an offense cited under subsection (b)(4.1) that occurs on school

13

property to a police department or submit a copy of the

14

memorandum of understanding to the office as required under

15

subsection (c) or who intentionally falsifies a report submitted

16

as required under this section shall be subject to prosecution

17

for violation of 18 Pa.C.S. § 4904 (relating to unsworn

18

falsification to authorities). The following civil penalties may

19

be imposed by the Professional Standards and Practices

20

Commission for violations of this article:

21

(i)  for a first violation, $2,500;

22

(ii)  for a second violation, $3,500; or

23

(iii)  for a third or subsequent violation, $5,000.

24

Any penalty imposed under this paragraph shall be paid to the

25

Department of Education and used for the support of the office.

26

Section 4.  Section 1303.1-A of the act, added July 9, 2008

27

(P.L.846, No.61), is amended to read:

28

Section 1303.1-A.  Policy Relating to Bullying.--[(a)  No

29

later than January 1, 2009, each school entity shall adopt a

30

policy or amend its existing policy relating to bullying and

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1

incorporate the policy into the school entity's code of student

2

conduct required under 22 Pa. Code § 12.3(c) (relating to school

3

rules). The policy shall delineate disciplinary consequences for

4

bullying and may provide for prevention, intervention and

5

education programs, provided that no school entity shall be

6

required to establish a new policy under this section if one

7

currently exists and reasonably fulfills the requirements of

8

this section. The policy shall identify the appropriate school

9

staff person to receive reports of incidents of alleged

10

bullying.

11

(b)  Each school entity shall make the policy available on

12

its publicly accessible Internet website, if available, and in

13

every classroom. Each school entity shall post the policy at a

14

prominent location within each school building where such

15

notices are usually posted. Each school entity shall ensure that

16

the policy and procedures for reporting bullying incidents are

17

reviewed with students within ninety (90) days after their

18

adoption and thereafter at least once each school year.

19

(c)  Each school entity shall review its policy every three

20

(3) years and annually provide the office with a copy of its

21

policy relating to bullying, including information related to

22

the development and implementation of any bullying prevention,

23

intervention and education programs. The information required

24

under this subsection shall be attached to or made part of the

25

annual report required under section 1303-A(b).

26

(d)  In its policy relating to bullying adopted or maintained

27

under subsection (a), a school entity shall not be prohibited

28

from defining bullying in such a way as to encompass acts that

29

occur outside a school setting if those acts meet the

30

requirements contained in subsection (e)(1), (3) and (4). If a

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1

school entity reports acts of bullying to the office in

2

accordance with section 1303-A(b), it shall report all incidents

3

that qualify as bullying under the entity's adopted definition

4

of that term.

5

(e)  For purposes of this article, "bullying" shall mean an

6

intentional electronic, written, verbal or physical act, or a

7

series of acts:

8

(1)  directed at another student or students;

9

(2)  which occurs in a school setting;

10

(3)  that is severe, persistent or pervasive; and

11

(4)  that has the effect of doing any of the following:

12

(i)  substantially interfering with a student's education;

13

(ii)  creating a threatening environment; or

14

(iii)  substantially disrupting the orderly operation of the

15

school; and

16

"school setting" shall mean in the school, on school grounds,

17

in school vehicles, at a designated bus stop or at any activity

18

sponsored, supervised or sanctioned by the school.]

19

(f)  No later than July 1, 2014, each school district shall

20

adopt the Department of Education's model policy or an

21

alternative policy that includes at a minimum the requirements

22

of section 1303.2-A(1) prohibiting harassment, bullying and

23

cyberbullying. Each school entity shall adopt and follow the

24

policy that has been established by the school district where

25

the school entity is located. Each school entity shall

26

incorporate the policy into the school entity's code of student

27

conduct required under 22 Pa. Code § 12.3(c) (relating to school

28

rules). The school district shall involve students, parents,

29

administrators, school staff, school volunteers and local law

30

enforcement agencies in the process of adopting an alternative

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1

policy, if it chooses not to implement the Department of

2

Education's model policy related to bullying. The school

3

district policy shall be implemented in a manner that is ongoing

4

throughout the school year and integrated with each school

5

entity's curriculum, discipline policies and other violence

6

prevention efforts. Any discipline imposed under the policy must

7

fall within the school entity's authority.

8

(g)  This article shall prohibit harassment, bullying and

9

cyberbullying by students, school staff and volunteers that

10

takes place:

11

(1)  in a school setting; or

12

(2)  through use of electronic communication, outside a

13

school setting, that is directed at a student and is so severe,

14

persistent or pervasive that it substantially interferes with a

15

student's ability to participate in or benefit from the

16

services, activities or privileges provided by a school.

17

(h)  A school employe who promptly reports in good faith an

18

act of harassment, bullying or cyberbullying to the appropriate

19

school official designated in the school district's policy

20

established under this section and who makes the report in

21

compliance with the procedures specified in the policy shall be

22

immune from a cause of action for damages arising out of the

23

reporting.

24

(i)  Nothing in this article shall be construed:

25

(1)  to prevent a target of harassment, bullying or

26

cyberbullying from seeking redress under any other available law

27

either civil or criminal; or

28

(2)  to infringe upon the right of a school employe or

29

student to engage in speech or expression protected by the

30

Constitution of the United States or the Constitution of

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1

Pennsylvania.

2

(j)  If any provision of this article or the application

3

thereof to any person or circumstance is held invalid, the

4

invalidity shall not affect other provisions or applications of

5

the article which can be given effect without the invalid

6

provision or application and to this end the provisions of this

7

article are declared severable.

8

Section 5.  The act is amended by adding sections to read:

9

Section 1303.2-A.  Powers and Duties of Department of

10

Education.--(a)  The Department of Education shall have the

11

following responsibilities in accordance with section 1303.1-A:

12

(1)  By November 1, 2013, establish, develop and maintain a

13

secure Internet safe schools online portal which shall be

14

accessible by the principal or the principal's designated

15

alternate in each school entity as well as each superintendent

16

or the superintendent's designated alternate in each school

17

district. The portal shall include:

18

(i)  A bullying interface for school officials to enter and

19

track bullying incidents and follow-up. At a minimum, the safe

20

schools online bullying interface updated by the school entity

21

for any specific incident shall include areas to enter

22

information related to:

23

(A)  All complaints related to the specific incident of

24

harassment, bullying or cyberbullying.

25

(B)  Names of each party involved.

26

(C)  Complete and accurate information regarding the

27

investigation.

28

(D)  Complete and accurate information regarding the

29

resolution of the complaint.

30

(ii)  An acts of violence interface to enter and track all

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1

incidents involving acts of violence, possession of a weapon or

2

possession, use or sale of controlled substances as defined in

3

section 2 of the act of April 14, 1972 (P.L.233, No.64), known

4

as "The Controlled Substance, Drug, Device and Cosmetic Act," or

5

possession, use or sale of alcohol or tobacco by any person on

6

school property. At a minimum, the acts of violence interface

7

shall include all information required under section 1303-A.

8

(iii)  Automatic, periodic generation of appropriate bullying

9

reports for the individuals listed below in the following

10

intervals:

11

(A)  Each school principal and the principal's designated

12

alternate, monthly.

13

(B)  Each district superintendent and the superintendent's

14

designated alternate, quarterly.

15

(C)  The Secretary of Education and the secretary's

16

designated alternate, annually.

17

(D)  The General Assembly, annually.

18

(iv)  Automatic, periodic generation of appropriate acts of

19

violence reports for the individuals listed below in the

20

following intervals:

21

(A)  Each school principal and the principal's designated

22

alternate, monthly.

23

(B)  Each district superintendent and the superintendent's

24

designated alternate, quarterly.

25

(C)  The Secretary of Education and the secretary's

26

designated alternate, annually.

27

(D)  The General Assembly, annually.

28

(v)  Automatic e-mailing of bullying and acts of violence

29

reports to individuals specified in subparagraph (iii).

30

(vi)  Automatic e-mailing of bullying incident deadline

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1

reminders to individuals in charge of the investigation.

2

(vii)  The online training and examination programs

3

established in paragraphs (3) and (4).

4

(2)  By November 1, 2013, develop an online training program

5

for the continuing education requirement for harassment,

6

bullying and cyberbullying established under section 1205.2.

7

(3)  By November 1, 2013, develop an online examination

8

program for the continuing education requirement for harassment,

9

bullying and cyberbullying established under section 1205.2.

10

(4)  No later than January 1, 2014, the department shall

11

develop and establish a model policy related to bullying. The

12

policy shall contain, at a minimum, the following components:

13

(i)  A statement prohibiting harassment, bullying and

14

cyberbullying of a student and the scope of the prohibition.

15

(ii)  The definition of "harassment, bullying and

16

cyberbullying" as stated in section 1301-A.

17

(iii)  Consequences and appropriate remedial action,

18

including positive behavior support as defined in 22 Pa. Code §

19

14.133 (relating to positive behavior support), for a person who

20

commits an act of harassment, bullying or cyberbullying.

21

Disciplinary consequences for harassment, bullying and

22

cyberbullying shall be unique to the individual incident and

23

vary in severity based on the nature of the incident, the

24

developmental age of the perpetrator and the perpetrator's

25

history of problem behaviors.

26

(iv)  A procedure for students, school employes and school

27

administrators to report an act of harassment, bullying or

28

cyberbullying. The procedure shall permit a person to report an

29

act of harassment, intimidation, bullying or cyberbullying

30

anonymously, provided that no formal disciplinary action is

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1

taken solely on the basis of an anonymous report. The procedure

2

shall also include the following:

3

(A)  All acts of harassment, bullying or cyberbullying shall

4

be reported to the principal or principal's designee and all

5

information shall be entered into the safe schools online portal

6

established under paragraph (5) within forty-eight (48) hours of

7

when the school employe witnessed or received reliable

8

information that a student had been subject to harassment,

9

bullying or cyberbullying.

10

(B)  The principal or principal's designee shall inform the

11

parents or guardians of all students involved in the alleged

12

incident promptly. Prior to notification of any parent, guardian

13

or student regarding any incident of harassment, intimidation,

14

bullying or cyberbullying, school authorities shall consider the

15

issue of notification as they would any other educationally

16

relevant decision, considering the age, health, well-being,

17

safety and privacy of any student involved in the incident. The

18

principal may discuss, as appropriate, the availability of

19

counseling and other intervention or protective services.

20

(v)  A procedure for prompt investigation of reports of

21

violations and complaints, which procedure shall, at a minimum,

22

provide that:

23

(A)  The investigation shall be conducted by the principal or

24

the principal's designee.

25

(B)  The investigation shall be completed as soon as

26

possible, but no later than twenty-one (21) days from the date

27

the report is entered into the safe schools online portal.

28

(C)  The results of any such investigation shall be reported

29

to the principal, if not directly involved in the investigation,

30

and superintendent. The principal or superintendent shall decide

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1

to further provide intervention services, establish or enhance

2

training programs to reduce harassment, bullying or

3

cyberbullying and improve school climate, impose discipline,

4

order counseling as a result of the findings of the

5

investigation or take or recommend other appropriate action.

6

(D)  The safe schools online portal shall be updated and

7

finalized with complete and accurate information required under

8

paragraph (5) by the school entity in charge of the

9

investigation within forty-eight (48) hours after the

10

investigation has ended.

11

(E)  Students who are parties to the investigation shall be

12

entitled to receive information about the investigation, in

13

accordance with Federal and State law and regulation, including

14

the nature of the investigation, whether the school entity found

15

evidence of harassment, bullying or cyberbullying or whether

16

discipline was imposed or services provided to address the

17

incident of harassment, bullying or cyberbullying. This

18

information shall be provided in writing within five (5) days if

19

the involved party requests the information.

20

(F)  Any party that is dissatisfied with the outcome of an

21

investigation and subsequent action taken may appeal to the

22

board of school directors within thirty (30) days after the

23

issuance of the written report.

24

(vi)  A statement that prohibits reprisal or retaliation

25

against any person who reports an act of harassment, bullying or

26

cyberbullying, including a witness or one with reliable

27

information about such an act, and the consequence and

28

appropriate remedial action for a person who engages in reprisal

29

or retaliation.

30

(vii)  A statement of the manner in which the policy is to be

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1

publicized. The statement shall include:

2

(A)  Notice that the policy applies to participation in

3

school-sponsored functions.

4

(B)  A requirement that a link to the policy shall be

5

prominently posted on the school entity's Internet website and

6

that each school entity shall post the policy at a prominent

7

location within each school building where such notices are

8

usually posted or in each classroom.

9

(C)  A requirement that the name, school telephone number,

10

school address and school e-mail address of school staff

11

responsible for investigating harassment, bullying and

12

cyberbullying shall be prominently listed on the school entity's

13

Internet website.

14

(D)  A requirement that the policy shall be distributed

15

annually to students and their parents, which can be included in

16

a student Code of Conduct and Family Educational Rights and

17

Privacy Act statement under the Family Educational Rights and

18

Privacy Act of 1974 (Pubic Law 90-247, 20 U.S.C. § 1232g).

19

(E)  A statement that the school entity shall ensure that the

20

policy and procedures for reporting bullying are reviewed with

21

students within ninety (90) days after their adoption and

22

thereafter at least once per school year.

23

(viii)  A statement that the school entity shall review its

24

policy every three (3) years and annually provide the Department

25

of Education with a copy of its policy prohibiting harassment,

26

bullying and cyberbullying if it uses an alternate policy

27

instead of the department's model policy.

28

(ix)  Provisions for the formation of bullying prevention

29

task forces, programs, associated trainings and other

30

initiatives involving school staff, pupils, administrators,

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1

volunteers, parents, law enforcement, community members and

2

other stakeholders, as deemed appropriate by the school entity.

3

(x)  Annual training for administrators, school employes and

4

volunteers who have significant contact with students in

5

preventing, identifying, responding to and reporting incidents

6

of harassment, bullying or cyberbullying. School entities may

7

incorporate training into existing training sessions or seminars

8

for other school matters, if they conduct such existing training

9

on an annual basis.

10

(5)  By January 1, 2014, compile and make available to all

11

schools a list of programs appropriate for the prevention of

12

harassment, bullying or cyberbullying of students, including

13

programs that are available to school districts at free or

14

reduced costs.

15

(6)  Periodically review school district policies, programs,

16

activities and services to determine whether the school

17

districts are complying with paragraph (1).

18

Section 2021-A.  Antiharassment, Bullying and Cyberbullying

19

Policies and Procedures.--(a)  Each State-related institution or

20

a member institution of the State System of Higher Education

21

shall adopt a policy prohibiting harassment, bullying and

22

cyberbullying by students and employes that takes place:

23

(1)  on campus; or

24

(2)  through use of electronic communication, whether on or

25

off campus, that is directed at a student and is so severe,

26

persistent or pervasive that it substantially interferes with a

27

student's ability to participate in or benefit from the

28

services, activities or privileges provided by a school.

29

(b)  The institution shall distribute this policy to each

30

student each semester and shall post the policy on its Internet

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1

website.

2

(c)  For the purposes of this section, "harassment, bullying,

3

or cyberbullying" shall mean any electronic, written, verbal or

4

physical act or conduct which may be based on but not limited to

5

any actual or perceived characteristic, such as race, color,

6

religion, national origin, ancestry or ethnicity; sexual

7

orientation; physical, mental, emotional or learning disability;

8

gender, gender identity or expression; physical appearance or

9

based on an association with a person who has or is perceived to

10

have one or more such characteristics, that has or can be

11

reasonably predicted to have the effect of one or more of the

12

following:

13

(i)  placing a reasonable student or students in fear of

14

physical harm to the student's or students' person or property;

15

(ii)  causing a substantially detrimental effect on a

16

reasonable student's or students' physical or mental health;

17

(iii)  substantially interfering with a reasonable student's

18

or students' ability to participate in or benefit from the

19

services, activities or privileges provided by a school.

20

Section 6.  Any regulations of the Department of Education

21

that are inconsistent with this act are hereby abrogated to the

22

extent of the inconsistency.

23

Section 7.  This act shall take effect in 60 days.

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