H1643B2669A04349 BIL:DHB 11/19/07 #90 A04349
AMENDMENTS TO HOUSE BILL NO. 1643
Sponsor: REPRESENTATIVE O'NEILL
Printer's No. 2669
1 Amend Title, page 1, line 5, by inserting after "for"
2 rules and regulations and safety patrols, for
3 Amend Title, page 1, line 6, by removing the period after
4 "privileges" and inserting
5 , for possession of weapons prohibited and for
6 suspension and expulsion of pupils.
7 Amend Bill, page 1, lines 9 through 12, by striking out all
8 of said lines and inserting
9 Section 1. Section 510 of the act of March 10, 1949 (P.L.30,
10 No.14), known as the Public School Code of 1949, amended June
11 29, 1976 (P.L.450, No.110), is amended to read:
12 Section 510. Rules and Regulations; Safety Patrols.--(a)
13 The board of school directors in any school district may adopt
14 and enforce such reasonable rules and regulations as it may deem
15 necessary and proper, regarding the management of its school
16 affairs and the conduct and deportment of all superintendents,
17 teachers, and other appointees or employes during the time they
18 are engaged in their duties to the district, as well as
19 regarding the conduct and deportment of all [pupils] students
20 attending the public schools in the district, during such time
21 as they are attending school or school-related activities, are
22 present on school property or in buses or other vehicles
23 provided by the district, or otherwise are under the supervision
24 of the board of school directors and teachers, including the
25 time necessarily spent in coming to and returning from
26 school[.], and pertaining to activities of students regardless
27 of time or place likely to cause or causing substantial
28 disruption of or material interference with school activities or
29 the orderly and safe administration of the schools.
30 (b) In the exercise of this authority the board of school
31 directors is empowered to organize school safety patrols and,
32 with the permission of the parents, to appoint [pupils] students
33 as members thereof, for the purpose of influencing and
34 encouraging the other [pupils] students to refrain from crossing
35 public highways at points other than at regular crossings, and
36 for the purpose of directing [pupils] students not to cross
37 highways at times when the presence of traffic would render such
1 crossing unsafe. Nothing herein contained shall be construed to
2 authorize or permit the use of any safety patrol member for the
3 purpose of directing vehicular traffic, nor shall any safety
4 patrol member be stationed in that portion of the highway
5 intended for the use of vehicular traffic. No liability shall
6 attach either to the school district, or any individual
7 director, student, superintendent, teacher, or other school
8 employe, by virtue of the organization, maintenance, or
9 operation of a school safety patrol organized, maintained, and
10 operated under authority of this section.
11 (c) All flags, belts, apparel and devices issued, supplied
12 or furnished to persons acting in the capacity of special school
13 police, or special police appointed to control and direct
14 traffic at or near schools, in order to enhance the conspicuity
15 of such persons, shall be made from retro-reflective and
16 fluorescent materials visible both day and night at three
17 hundred (300) feet to approaching motorists using lawful low
18 beam headlights and shall conform to standards, specifications,
19 or regulations issued by the State Board of Education. All belts
20 supplied or furnished to [pupils] students active in the
21 capacity of school safety patrol members shall be fluorescent.
22 Section 2. Section 1302(a) of the act, amended December 23,
23 2003 (P.L.304, No.48), is amended and the section is amended by
24 adding a subsection to read:
25 Amend Bill, page 3, line 10, by striking out all of said line
26 and inserting
27 Section 3. Section 1317.2(e.1) of the act, amended June 25,
28 1997 (P.L.297, No.30), is amended to read:
29 Section 1317.2. Possession of Weapons Prohibited.--* * *
30 [(e.1) A school district receiving a student who transfers
31 from a public or private school during a period of expulsion for
32 an act or offense involving a weapon may assign that student to
33 an alternative assignment or provide alternative education
34 services, provided that the assignment may not exceed the period
35 of expulsion.]
36 * * *
37 Section 4. Section 1318 of the act, amended February 8, 1980
38 (P.L.3, No.2), is amended to read:
39 Section 1318. Suspension and Expulsion of [Pupils.--]
40 Students.--(a) Every principal or teacher in charge of a public
41 school may temporarily suspend any [pupil] student on account of
42 disobedience or misconduct, and any principal or teacher
43 suspending any [pupil] student shall promptly notify the
44 district superintendent or secretary of the board of school
45 directors. The board may, after a proper hearing, suspend such
46 [child] student for such time as it may determine, or may
47 permanently expel [him] the student. Such hearings, suspension,
48 or expulsion may be delegated to a duly authorized committee of
49 the board, or to a duly qualified hearing examiner, who need not
50 be a member of the board, but whose adjudication must be
51 approved by the board. The board and designated committees or
52 hearing examiners acting pursuant to this section shall have the
53 power to administer oaths to witnesses and the power to issue
54 subpoenas as provided in section 1128.
55 (b) (1) A public school entity may suspend, expel or deny
56 admission to a student suspended or expelled from another public
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1 school entity or nonpublic school, until the period of
2 suspension or expulsion has expired, if such suspension or
3 expulsion was imposed due to misconduct of a nature that would
4 subject students in the receiving entity to possible suspension
5 or expulsion.
6 (2) Denial of admission to a transferring student based on
7 suspension or expulsion from or misconduct in a prior school
8 entity shall be treated as suspension or expulsion for purposes
9 of this section. A student returning to the program of the
10 school district of residence after withdrawing from or being
11 expelled or suspended from an area vocational-technical school
12 is a transferring student for purposes of this section.
13 (3) No hearing otherwise required under subsection (a) shall
14 be necessary if suspension, expulsion or denial of admission
15 under subsection (b)(1) is based upon an adjudication issued in
16 accordance with this section by the board or joint operating
17 committee of the prior entity of enrollment, as evidenced by a
18 certified copy of such adjudication.
19 (4) A school entity may, after hearing in accordance with
20 subsection (a), suspend, expel or deny admission to a
21 transferring student who has committed misconduct while enrolled
22 in another public or nonpublic school of a nature that would
23 subject students in the receiving entity to possible suspension
24 or expulsion, but who withdrew from the prior school entity
25 before disciplinary proceedings based on the misconduct were
26 initiated or completed.
27 (5) A receiving school entity may enroll a student
28 transferring from another public or nonpublic school entity in
29 its regular program on a provisional basis pending receipt of a
30 certified copy of the student's disciplinary record and sworn
31 statement as required under section 1304-A. If the disciplinary
32 record or sworn statement reveals a history of misconduct while
33 enrolled in the prior entity, in addition to other disposition
34 authorized under this section and to the extent consistent with
35 the disciplinary standards, policies and procedures of the
36 receiving entity, the student may be reassigned to an
37 alternative education program and may be deemed ineligible to
38 participate in extracurricular activities.
39 (6) A receiving school entity may, consistent with its
40 disciplinary standards, policies and procedures, impose other
41 forms of discipline or disciplinary assignment or impose
42 conditions of admission or continued enrollment based on a
43 transferring student's expulsion or suspension from or
44 misconduct while enrolled in a prior school entity, in lieu of
45 or in combination with denial of admission, suspension or
46 expulsion.
47 (c) The board of school directors may, in connection with
48 any expulsion, suspension, denial of admission or disciplinary
49 reassignment of a student, impose conditions for admission or
50 readmission to or continuation in the school entity's regular or
51 alternative education programs. Violation of or failure to meet
52 such conditions may become the basis for denial of admission,
53 readmission or subsequent disciplinary action, including
54 exclusion from or reassignment within the school entity's
55 regular or alternative education programs. The board may
56 designate a person or persons to determine whether such
57 conditions have been met or violated. The hearing requirements
58 of subsection (a) are not applicable to a determination that a
59 student is not eligible for readmission or to remain in
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1 probationary continued enrollment because of violation of or
2 failure to meet such conditions.
3 (d) Notwithstanding any other provision of this section, a
4 hearing otherwise required under subsection (a) may be waived in
5 a written agreement providing for the student's disciplinary
6 exclusion from school programs for a specified period of time,
7 entered into by the board of school directors and the student
8 and in the case of a student under eighteen (18) years of age,
9 also by the parent or guardian having primary custody of the
10 student. Any such agreement shall be filed permanently in the
11 student's disciplinary records and shall be treated in the same
12 way as an adjudication of expulsion for purposes of subsections
13 (b) and (c), this subsection and Article XIII-A. Consideration
14 by the board of a proposed agreement in lieu of hearing shall
15 not constitute grounds for disqualifying the board or members
16 thereof from participating in a hearing or taking other action
17 pursuant to this section in the event the agreement is not
18 approved by the board. The agreements shall set forth:
19 (1) A summary of the reason for the exclusion.
20 (2) The effective date and expiration date of the period of
21 exclusion.
22 (3) The date when the student may be considered for earlier
23 readmission.
24 (4) A summary of the procedural rights the student would
25 have been afforded at a hearing.
26 (5) Agreed conditions of readmission or of probationary
27 continued enrollment, if any.
28 (6) Any other terms and conditions of the agreed
29 disciplinary disposition.
30 (e) Nothing in this section shall be construed to alter the
31 obligations of school entities pursuant to the Individuals with
32 Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1400
33 et seq.) and Federal regulations thereunder relating to the
34 discipline of students with disabilities.
35 (f) Nothing in this section shall be construed to exempt an
36 expelled student or the student's parents or legal guardians
37 from compulsory education requirements or the penalties
38 contained in sections 1333, 1338 and 1338.1 if they fail to
39 provide the student with a sufficient alternate placement
40 program.
41 Section 5. This act shall take effect as follows:
42 (1) The amendment of section 1302 of the act shall take
43 effect in 60 days.
44 (2) The remainder of this act shall take effect
45 immediately.
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