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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY TRUITT, COX, CREIGHTON, DALEY, DAVIS, FLECK, HESS, HORNAMAN, KNOWLES, McGEEHAN, ROCK, SAYLOR AND SIMMONS, SEPTEMBER 24, 2012 |
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| REFERRED TO COMMITTEE ON EDUCATION, SEPTEMBER 24, 2012 |
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| AN ACT |
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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 |
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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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