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PRIOR PRINTER'S NOS. 2342, 2370
PRINTER'S NO. 2456
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
540
Session of
2015
INTRODUCED BY KAMPF, THOMAS, CALTAGIRONE, BRIGGS, CORBIN, COHEN,
ZIMMERMAN, SCHLOSSBERG, D. COSTA, READSHAW, BULLOCK,
D. PARKER, KIRKLAND, ROSS, DIAMOND, HEFFLEY, BRADFORD,
PHILLIPS-HILL AND WATSON, OCTOBER 14, 2015
AS AMENDED, HOUSE OF REPRESENTATIVES, OCTOBER 26, 2015
A RESOLUTION
Directing the Joint State Government Commission to conduct a
comprehensive study of school discipline policies, laws and
regulations, to establish an advisory committee and to make a
report of its findings and recommendations.
WHEREAS, 22 Pa. Code ยง 12.3 authorizes each board of school
directors to make reasonable and necessary rules governing the
conduct of students in school and requires each board of school
directors to adopt a code of student conduct that includes
policies governing student discipline; and
WHEREAS, Section 1302.1-A of the Public School Code of 1949
required the State Board of Education to promulgate regulations
setting forth a model memorandum of understanding between school
entities and local police departments and establishing protocols
for notifying police when certain offenses occur on school
property and for emergency and nonemergency response by the
police, as well as procedures and protocols for the response to
and handling of students with disabilities; and
WHEREAS, Section 1303-A of the Public School Code of 1949
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requires the chief school administrator of each school entity,
in consultation with an advisory committee, to enter into a
memorandum of understanding with police departments having
jurisdiction over school property which complies with the
regulations promulgated by the State Board of Education under
section 1302.1-A of the Public School Code of 1949; and
WHEREAS, Some school districts have adopted zero-tolerance
policies which mandate specific disciplinary responses to
certain student misconduct, regardless of the circumstances
surrounding the misconduct or the severity of the incident; and
WHEREAS, It is important to ensure that the Commonwealth's
school safety laws and regulations support a safe school
environment while encouraging public schools to appropriately
tailor disciplinary responses to the specific student misconduct
or the severity of the incident; and
WHEREAS, It is important that the student discipline policies
in effect in public schools throughout this Commonwealth, as
well as related school safety laws and regulations, be
thoroughly examined; therefore be it
RESOLVED, That the House of Representatives direct the Joint
State Government Commission, in consultation with an advisory
committee, to conduct a comprehensive study of school discipline
policies, laws and regulations across this Commonwealth and
nationwide; and be it further
RESOLVED, That the House of Representatives direct the Joint
State Government Commission to establish an advisory committee
consisting of a police chief, a juvenile public defender, a
district attorney, a rural school superintendent, a suburban
school superintendent, an urban school superintendent, a school
board member, a CERTIFIED PUBLIC SCHOOL teacher, A PARENT OF A
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STUDENT ENROLLED IN A PUBLIC SCHOOL, an individual representing
the interests of juveniles and of students with disabilities, a
representative of the Juvenile Court Judges' Commission, a
representative of the Juvenile Justice and Delinquency
Prevention Committee of the Pennsylvania Commission on Crime and
Delinquency, a representative of the Pennsylvania Department of
Education and a representative of the Pennsylvania State Board
of Education; and be it further
RESOLVED, That the Joint State Government Commission and
advisory committee hold public hearings as deemed necessary to
conduct the comprehensive study required under this resolution;
and be it further
RESOLVED, That the Joint State Government Commission and
advisory committee, within six 12 months of the adoption of this
resolution, issue to the Education Committee of the House of
Representatives a report which includes, at a minimum, the
following:
(1) a general description of the types of school
discipline policies in place in public schools throughout
this Commonwealth with specific attention to zero-tolerance
policies, and analysis of the prevalence of each type of
policy and its effects on students, including students with
disabilities and students who are under 12 years of age;
(2) a general description of the types of memoranda of
understanding between school entities and police departments
in place throughout this Commonwealth, including a general
description of the types of protocols for immediate and
discretionary notification of police departments set forth in
those memoranda of understanding, and an analysis of those
types of memoranda of understanding which provide for
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immediate notification of police departments with respect to
offenses in addition to those requiring immediate
notification under applicable law; and
(3) an analysis of laws and regulations related to
student discipline in this Commonwealth and other states,
including discussion of whether any states have in place laws
or regulations addressing zero-tolerance policies;
(4) a study of alternative school discipline approaches
at the elementary and secondary education levels, including
diversion programs and possible alternatives to suspension,
expulsion and referral to law enforcement; and
(5) recommendations for new legislation, regulations and
policies related to school discipline.
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