PRINTER'S NO. 1073
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
919
Session of
2017
INTRODUCED BY KAMPF, PICKETT, MILLARD, DOWLING, SONNEY, V. BROWN
AND READSHAW, MARCH 22, 2017
REFERRED TO COMMITTEE ON EDUCATION, MARCH 22, 2017
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 disclosure of student discipline information.
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. Disclosure of Student Discipline Information.--
(a) Upon request, a public school shall disclose information
concerning the discipline of a student enrolled in the public
school to appropriate parties other than the student's parent,
and without the consent of the student's parent or, if the
student has attained eighteen (18) years of age or is attending
an institution of postsecondary education, without the consent
of the student, in connection with an emergency if knowledge of
the information is necessary to protect the health or safety of
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the student or other individuals, as permitted by the Family
Educational Rights and Privacy Act of 1974 (Public Law 90-247,
20 U.S.C. § 1232g). For purposes of this section, knowledge of
information shall be considered necessary to protect the health
or safety of other individuals when all of the following apply:
(1) There is an articulable and significant threat to the
health or safety of the person requesting the disclosure or to
the child of the person requesting the disclosure.
(2) Any of the following apply to the student with respect
to the conduct that is the subject of the request for
disclosure:
(i) Initiation of a criminal proceeding in a court of common
pleas or magisterial district court.
(ii) Referral to an adult diversion program.
(iii) Commencement of juvenile delinquency proceedings under
42 Pa.C.S. § 6321 (relating to commencement of proceedings).
(iv) Referral for informal adjustment under 42 Pa.C.S. §
6323(a)(2) (relating to informal adjustment) or a juvenile
diversion program.
(b) The recipient of information disclosed under subsection
(a) shall not disclose the information to any other party.
(c) An individual who, acting in good faith under this
section, discloses information concerning the discipline of a
student on behalf of a public school shall have immunity from
civil and criminal liability under State law that might result
from the disclosure. For the purpose of a civil or criminal
proceeding under State law, the good faith of the individual
shall be presumed, if the individual complies with the
guidelines developed by the Department of Education under
subsection (d).
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(d) Within six (6) months of the effective date of this
section, the Department of Education shall develop guidelines
for school officials regarding the implementation of this
section and post the guidelines on its publicly accessible
Internet website. The guidelines developed by the Department of
Education under this subsection shall describe the circumstances
under which a school official must disclose information
concerning the discipline of a student and shall be consistent
with this section.
(e) Nothing in this section shall be construed to conflict
with the Family Educational Rights and Privacy Act of 1974.
(f) As used in this section, the following terms and phrases
shall have the meanings given to them in this subsection, unless
the context clearly indicates otherwise:
"Information concerning the discipline of a student" shall
include, but not be limited to, the date on which a suspended or
expelled student is scheduled to return to school and any
conditions or restrictions placed on a suspended or expelled
student upon the student's return to school.
"Public school" shall mean a school district, charter school,
cyber charter school, regional charter school, area vocational-
technical school or intermediate unit.
Section 2. This act shall take effect in 60 days.
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