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PRINTER'S NO. 2353
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1870
Session of
2023
INTRODUCED BY WEBSTER, KINSEY, BURGOS, MADDEN, HILL-EVANS,
PROBST, SANCHEZ, KAZEEM, CEPEDA-FREYTIZ, DALEY, KRAJEWSKI AND
GREEN, DECEMBER 5, 2023
REFERRED TO COMMITTEE ON EDUCATION, DECEMBER 5, 2023
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 pupils and attendance, further
providing for suspension and expulsion of pupils.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1318 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended to read:
Section 1318. Suspension and Expulsion of Pupils.--(a)
Every principal or teacher in charge of a public school may
temporarily suspend any pupil who is eight (8) years of age or
older on account of disobedience or misconduct, and any
principal or teacher suspending any pupil shall promptly notify
the district superintendent or secretary of the board of school
directors. The board may, after a proper hearing, suspend such
child for such time as it may determine, or may permanently
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expel him. Such hearings, suspension, or expulsion may be
delegated to a duly authorized committee of the board, or to a
duly qualified hearing examiner, who need not be a member of the
board, but whose adjudication must be approved by the board.
(b) A principal or teacher in charge of a public school may
not exclude a pupil specified under subsection (a) from in-
person instruction for more than ten (10) school days without a
proper hearing.
(c) A principal or teacher in charge of a public school may
not suspend or expel a pupil younger than eight (8) years of age
from a public school or publicly funded pre-kindergarten program
unless the pupil poses an imminent threat of harm or danger to
others in the public school or pre-kindergarten program.
(d) Nothing in this section shall be construed to prohibit
the expulsion of a pupil in accordance with section 1317.2.
(e) As used in this section, the term "pre-kindergarten
program" shall have the same meaning as defined in section 2002-
B.
Section 2. This act shall take effect in 60 days.
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