PRIOR PRINTER'S NOS. 8, 243, 407 PRINTER'S NO. 622
No. 8 Session of 1995
INTRODUCED BY STAIRS, RYAN, PERZEL, BARLEY, FARGO, PITTS,
PHILLIPS, E. Z. TAYLOR, D. W. SNYDER, DEMPSEY, FARMER,
CHADWICK, LYNCH, EGOLF, SCHRODER, PETTIT, LEH, GLADECK,
CLARK, MERRY, BROWN, PLATTS, DENT, ROHRER, CORNELL, HERMAN,
NYCE, STERN, HARHART, WAUGH, FLICK, GODSHALL, DURHAM,
HUTCHINSON, M. N. WRIGHT, RAYMOND, STRITTMATTER, MARSICO,
FLEAGLE, J. TAYLOR, HABAY, KENNEY, SCHULER, BROWNE, BIRMELIN,
FAIRCHILD, FICHTER, MILLER, KING, HENNESSEY, SEMMEL, GEIST,
HERSHEY, SAYLOR, KIRKLAND, STISH, RUDY, TULLI, COWELL,
BATTISTO, SHEEHAN, MUNDY AND BAKER, JANUARY 19, 1995
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 6, 1995
AN ACT
1 Establishing programs for the education of disruptive students.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Short title.
5 This act shall be known and may be cited as the Disruptive
6 Student Program Act.
7 Section 2. Definitions.
8 The following words and phrases when used in this act shall
9 have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Applicant." A school district or a combination of school
12 districts which applies for funds under this act.
13 "Community resources." Those agencies and services for
1 children and youth provided by the juvenile court and the
2 Department of Health and the Department of Public Welfare and
3 other public or private institutions.
4 "Department." The Department of Education of the
5 Commonwealth.
6 "Disruptive student." A student who poses a clear threat to
7 the safety and welfare of other students or the school staff,
8 creates an unsafe school environment or whose behavior
9 materially interferes with the learning of other students or
10 disrupts the overall educational process. The disruptive student
11 exhibits to a marked degree any or all of the following
12 conditions:
13 (1) Disregard for school authority, including persistent
14 violation of school policy and rules.
15 (2) Display of or use of controlled substances on school
16 property or during school-affiliated activities.
17 (3) Violent or threatening behavior.
18 (4) Possession of a weapon on school property, as
19 defined under 18 Pa.C.S. § 912 (relating to possession of
20 weapon on school property).
21 (5) Commission of a criminal act on school property.
22 (6) Misconduct that would merit suspension or expulsion
23 under school policy.
24 (7) Habitual truancy.
25 No student who is eligible for special education services
26 pursuant to the Individuals with Disabilities Education Act
27 (Public Law 91-230, 20 U.S.C. § 1400 et seq.) shall be deemed a
28 disruptive student for the purposes of this act, except as
29 provided for in 22 Pa. Code § 14.35 (relating to discipline).
30 "Disruptive student program." Any applicant's program
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1 applying for funds under this act, which program is implemented
2 by a school district, an area vocational-technical school, a
3 group of school districts or an intermediate unit, which removes
4 disruptive students from regular school programs in order to
5 provide those students with a sound educational program and a
6 counseling program designed to modify disruptive behavior and
7 return the students to a regular school program. SCHOOL <--
8 DISTRICTS SHALL ADOPT A POLICY FOR PERIODIC REVIEW OF STUDENTS
9 PLACED IN THE ALTERNATIVE EDUCATION PROGRAM FOR DISRUPTIVE
10 STUDENTS. THIS REVIEW SHALL OCCUR, AT A MINIMUM, AT THE END OF
11 EVERY SEMESTER THE STUDENT IS IN THE PROGRAM OR MORE FREQUENTLY
12 AT THE DISTRICT'S DISCRETION. THE PURPOSE OF THIS REVIEW IS TO
13 DETERMINE WHETHER OR NOT THE STUDENT IS READY TO RETURN TO THE
14 REGULAR SCHOOL PROGRAM. Such programs may include transition
15 services for pupils returning from placement in juvenile
16 detention centers or from adult proceedings.
17 "School." Any school classified by the Department of
18 Education as a middle school, junior high school, senior high
19 school or area vocational-technical school.
20 "Secretary." The Secretary of Education of the Commonwealth.
21 Section 3. Applications.
22 Applicants shall submit applications at the time, in the
23 manner and containing or accompanied by such information as the
24 department may prescribe but, in any case, shall document the
25 following:
26 (1) The program is developed in consultation with the
27 faculty and administrative staff of the school.
28 (2) The school board or boards of those entities forming
29 a consortium have established policies to determine those
30 students who are eligible for placement in the disruptive
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1 student program, which policies shall include a procedure for
2 informing the student and the parents or guardians of the
3 student of the reasons for the placement and an opportunity
4 for the student and the parents or guardians of the student
5 to respond before the placement becomes effective. However,
6 in the case of an assault, or other serious offense, by a
7 student the offending student shall be transferred
8 immediately into the disruptive student program, absent any
9 legal action against the student by the district. The
10 opportunity to respond to such placement shall be provided to
11 the student and the parents or guardians of the student as
12 soon thereafter as is practical.
13 (3) That school personnel involved in the program are
14 properly certificated.
15 (4) The program provides participating students with a
16 program of instruction which recognizes their special needs
17 and qualifies the students for graduation.
18 (5) The program is used only when other established
19 methods of discipline have been utilized and have failed
20 unless the seriousness of the student's behavior warrants
21 immediate placement.
22 (6) A determination of the scope, type and severity of
23 student disruption and a survey of community and school
24 resources available to the applicant for the remediation of
25 student disruption.
26 Section 4. State incentive.
27 (a) Reimbursement.--School districts shall be reimbursed by
28 the Commonwealth $125 per pupil for each nine weeks a student at
29 or beyond the middle level of education, as provided for in 22
30 Pa. Code § 5.212 (relating to middle level education), is
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1 enrolled in the disruptive student program, up to a maximum of
2 $500 per year. The Commonwealth shall not provide funding for
3 more than 2% of the school district's average daily membership
4 of students enrolled in grades 7 through 12.
5 (b) Procedure.--The department shall reimburse programs
6 operating during the 1994-1995 school year, and each school year
7 thereafter, under the provisions of subsection (a). Programs
8 requesting funding shall comply with the provisions of section
9 3.
10 (c) Undistributed funds.--Notwithstanding the limitations
11 imposed under subsection (a), the department may SHALL award any <--
12 appropriated but undistributed funds authorized under subsection
13 (b) to school districts or consortiums of school districts which
14 have to the satisfaction of the secretary demonstrated need for
15 additional funding.
16 (D) DISRUPTIVE STUDENT PROGRAM.--SCHOOL DISTRICTS INITIATING <--
17 A DISRUPTIVE STUDENT PROGRAM IN THE 1995-1996 SCHOOL YEAR SHALL
18 BE ELIGIBLE FOR CURRENT YEAR FUNDING, AS A RESULT OF COSTS
19 INCURRED IN DEVELOPING THE PROGRAM, OF $125 PER PUPIL FOR EACH
20 NINE WEEKS A STUDENT AT OR BEYOND THE MIDDLE LEVEL OF EDUCATION,
21 AS PROVIDED FOR IN 22 PA. CODE § 5.212, IS ENROLLED IN THE
22 PROGRAM, UP TO A MAXIMUM OF $500 PER YEAR. THE COMMONWEALTH
23 SHALL NOT PROVIDE FUNDING FOR MORE THAN 2% OF THE SCHOOL
24 DISTRICT'S AVERAGE DAILY MEMBERSHIP OF STUDENTS ENROLLED IN
25 GRADES 7 THROUGH 12. THE DISTRICT SHALL SUBMIT SUFFICIENT
26 INFORMATION TO THE DEPARTMENT BY APRIL 1, 1996, TO DETERMINE THE
27 APPROPRIATE LEVEL OF FUNDING. THE INFORMATION SHALL BE SUBMITTED
28 ON A FORM DEVELOPED BY THE DEPARTMENT. PAYMENTS TO THE SCHOOL
29 DISTRICT SHALL BE MADE ON THE FIRST DAY OF JUNE IN CONJUNCTION
30 WITH PAYMENTS FOR THE EQUALIZED SUBSIDY FOR BASIC EDUCATION AND
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1 SUPPLEMENTS THERETO AS PROVIDED FOR IN ARTICLE XXV OF THE ACT OF
2 MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE
3 OF 1949. SCHOOL DISTRICTS RECEIVING PAYMENTS UNDER THIS
4 SUBSECTION SHALL ALSO BE ELIGIBLE FOR REIMBURSEMENT PAYMENTS
5 PROVIDED IN THIS SECTION FOR PROGRAMS OPERATED IN THE 1995-1996
6 SCHOOL YEAR.
7 SECTION 5. PAYMENT SCHEDULE.
8 FOR THE 1994-1995 SCHOOL YEAR, AND EACH SCHOOL YEAR
9 THEREAFTER, THE AMOUNT APPORTIONED AND ALLOTTED TO EACH SCHOOL
10 DISTRICT SHALL BE DIVIDED INTO SIX PAYMENTS AND THE SECRETARY OF
11 EDUCATION SHALL DRAW HIS REQUISITION SIX TIMES UPON THE STATE
12 TREASURER IN FAVOR OF EACH DISTRICT FOR THE AMOUNT TO WHICH IT
13 IS ENTITLED. THE FIRST FIVE PAYMENTS SHALL BE ESTIMATES BASED ON
14 BUT NOT TO EXCEED 15% EACH OF THE TOTAL NET AMOUNT APPORTIONED
15 AND ALLOCATED TO THE DISTRICT FOR THE PAYMENT YEAR. THE FINAL
16 PAYMENT SHALL BE THE BALANCE OF THE APPORTIONMENT DUE FOR THE
17 APPLICABLE SCHOOL YEAR. PAYMENT THEREOF SHALL BE MADE TO ALL
18 ELIGIBLE DISTRICTS ON THE LAST THURSDAY OF AUGUST, OCTOBER,
19 DECEMBER, FEBRUARY AND APRIL AND THE FIRST DAY OF JUNE.
20 Section 5 6. Construction of act. <--
21 Nothing contained in this act shall be construed to supersede
22 or preempt any provisions of a collective bargaining agreement
23 negotiated by a school entity and an exclusive representative of
24 the employees in accordance with the act of July 23, 1970
25 (P.L.563, No.195), known as the Public Employe Relations Act.
26 Section 6 7. Effective date. <--
27 This act shall take effect July 1, 1995.
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