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 HB1643A04349 - 2 -
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 HB1643A04349 - 3 -
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. K19L90BIL/HB1643A04349 - 4 -