S0530B0565A03546 MSP:AAS 10/28/19 #90 A03546
AMENDMENTS TO SENATE BILL NO. 530
Sponsor: SENATOR LANGERHOLC
Printer's No. 565
Amend Bill, page 1, lines 5 through 12, by striking out "in
duties and powers of boards of" in line 5 and all of lines 6
through 12 and inserting
in pupils and attendance, providing for students convicted or
adjudicated delinquent of sexual assault; and, in safe
schools, further providing for safe schools advocate in
school districts of the first class.
Amend Bill, page 1, lines 15 through 23; pages 2 through 5,
lines 1 through 30; page 6, lines 1 through 22; by striking out
all of said lines on said pages and inserting
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 1318.1. Students Convicted or Adjudicated Delinquent
of Sexual Assault.--(a)(1) Notwithstanding section 510, if a
student enrolled in a public school entity is convicted or
adjudicated delinquent of committing a sexual assault upon
another student enrolled in the same public school entity, the
public school entity shall, pursuant to applicable laws and
regulations, take one of the following actions:
(i) Expel the convicted or adjudicated student.
(ii) Transfer the convicted or adjudicated student to an
alternative education program.
(iii) Reassign the convicted or adjudicated student to
another school or educational program within the public school
entity.
(2) A public school entity shall ensure that the convicted
or adjudicated student is not educated in the same school
building, transported on the same school vehicle or allowed to
participate in the same school-sponsored activities as the
victim.
(3) Paragraph (1) shall not require the public school entity
to take action if:
(i) The public school entity has already expelled,
2019/90MSP/SB0530A03546 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
transferred or reassigned the convicted or adjudicated
delinquent student for the same sexual assault.
(ii) The convicted or adjudicated student does not attend
the same school as the victim.
(b) The public school entity shall not be prohibited from
taking action under this section for convictions or
adjudications for sexual assaults that occur outside a school
setting if the assault was:
(1) against another student enrolled in the same public
school entity; and
(2) has the effect of:
(i) substantially interfering with the victim's education;
(ii) creating a threatening or hostile educational
environment; or
(iii) substantially disrupting the orderly operation of the
school.
(c) A student expelled, transferred or reassigned under this
section may return to the student's originally assigned school
only if:
(1) the victim ceases to be enrolled in the public school
entity from which the convicted or adjudicated delinquent
student was expelled, transferred or reassigned; or
(2) the conviction or delinquency adjudication on which the
expulsion, transfer or reassignment was based is reversed and no
appeal is pending.
(d) Nothing in this section shall be construed as limiting
the authority or duty of a public school entity to make an
alternative assignment or provide alternative educational
services during the period of expulsion.
(e) A student convicted of sexual assault shall notify the
school entity of the conviction no later than 72 hours after the
conviction.
(f) A public school entity receiving a student who transfers
from a public or nonpublic school during a period of expulsion
for an act or offense involving a sexual assault conviction or
adjudication of delinquency may assign that student to an
alternative assignment or provide alternative education
services, provided that the assignment may not exceed the period
of expulsion.
(g) Prior to admission to a public school entity, the
parent, guardian or other person having control or charge of a
student shall, upon registration, provide a sworn statement or
affirmation stating whether the pupil was previously or is
presently expelled under the provisions of this section. The
registration shall include the name of the school from which the
student was expelled with the dates of expulsion and shall be
maintained as part of the student's disciplinary record. Any
wilful false statement made under this subsection shall be
subject to 18 Pa.C.S. § 4904 (relating to unsworn falsification
to authorities).
(h) Each public school entity shall develop or update its
2019/90MSP/SB0530A03546 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
written policies to ensure compliance with this section.
(i) A public school entity shall, in the case of students
with disabilities, take all steps necessary to comply with the
Individuals with Disabilities Education Act (Public Law 91-230,
20 U.S.C. § 1400 et seq.).
(j) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
"Public school entity" means a school district, independent
school, area career and technical school, intermediate unit,
charter school, regional charter school or cyber charter school.
"School setting" means in the school, on school grounds, in
school vehicles, at a designated bus stop or at any activity
sponsored, supervised or sanctioned by the school.
"School-sponsored activities" means any assemblies, field
trips, class trips, graduation ceremonies, athletics,
extracurricular activities, clubs, groups, teams or any
activities sponsored, held or approved by the public school
entity.
"Sexual assault" shall include any of the offenses specified
under the following provisions of 18 Pa.C.S. (relating to crimes
and offenses):
Section 3121 (relating to rape ).
Section 3122.1 (relating to statutory sexual assault ).
Section 3123 (relating to involuntary deviate sexual
intercourse ).
Section 3124.1 (relating to sexual assault ).
Section 3125 (relating to aggravated indecent assault ).
Section 3126 (relating to indecent assault ).
Section 2. Section 1310-A(b)(2) of the act is amended to
read:
Section 1310-A. Safe Schools Advocate in School Districts of
the First Class.--* * *
(b) The safe schools advocate shall have the power and its
duties shall be:
* * *
(2) To monitor the school district's compliance with the
mandatory expulsion requirements of [section] sections 1317.2
and 1318.1.
* * *
Section 3. This act shall take effect in 60 days.
2019/90MSP/SB0530A03546 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
See A03546 in
the context
of SB0530