PRIOR PRINTER'S NOS. 89, 244 PRINTER'S NO. 571
No. 38 Session of 1995
INTRODUCED BY SHEEHAN, RYAN, PERZEL, BARLEY, FARGO,
D. W. SNYDER, E. Z. TAYLOR, PHILLIPS, PITTS, BIRMELIN, BROWN,
BROWNE, CHADWICK, CIVERA, CLARK, CLYMER, CORNELL, DEMPSEY,
DiGIROLAMO, DURHAM, EGOLF, FAIRCHILD, FARMER, FICHTER,
FLEAGLE, FLICK, GEIST, GLADECK, GODSHALL, HABAY, HARHART,
HENNESSEY, HERMAN, HERSHEY, HUTCHINSON, LEH, LYNCH, MARSICO,
MERRY, MILLER, NAILOR, NYCE, PETTIT, PLATTS, RAYMOND, REBER,
RUBLEY, SAYLOR, SCHULER, SEMMEL, STAIRS, STRITTMATTER, TRUE,
WAUGH, M. N. WRIGHT, ZIMMERMAN, ZUG, STERN, COWELL, TULLI,
BATTISTO AND MUNDY, JANUARY 20, 1995
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 1, 1995
AN ACT
1 Providing for the maintenance and transfer of certain
2 disciplinary records, for exclusion from attendance, FOR <--
3 POLICIES REGARDING WEAPONS ON SCHOOL PROPERTY and for
4 penalties.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. 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 "Individual's pupil record." Those records included and
12 maintained by a school district on an individual pupil which
13 meet the requirements of 22 Pa. Code §§ 12.31 (relating to
14 general requirements), 12.32 (relating to elements of the plan)
1 and 12.33 (relating to guidelines) and any other applicable
2 regulations of the State Board of Education.
3 "WEAPON." A KNIFE, CUTTING INSTRUMENT, CUTTING TOOL OR <--
4 NUNCHAKU, OR A FIREARM AS DEFINED IN 18 U.S.C. § 921 (RELATING
5 TO DEFINITIONS).
6 Section 2. Disciplinary Records.
7 (a) General rule.--Prior to admission to any public school
8 of this Commonwealth, a board of school directors shall require
9 the parent, guardian or other person having control or charge of
10 a child of minimum compulsory school age OR OLDER to provide, <--
11 upon registration, a sworn statement or affirmation indicating
12 if and why the pupil has been suspended or expelled from school
13 attendance at a public or private school of this Commonwealth or
14 of any other state for an offense in violation of school
15 policies relating to weapons, alcohol or drugs, for the willful
16 infliction of injury to another person or for any other act of
17 violence against person or property which violates school
18 policy. THE SWORN STATEMENT OR AFFIRMATION SHALL ALSO INDICATE <--
19 IF THE PUPIL HAS BEEN ADJUDICATED DELINQUENT UNDER THE JUVENILE
20 LAWS OF THIS COMMONWEALTH OR HAS BEEN CONVICTED UNDER THE LAWS
21 OF THIS COMMONWEALTH RELATING TO ADULT OFFENDERS. The
22 registration document shall be maintained as a part of the
23 individual's pupil record.
24 (b) Penalty.--Any person who INTENTIONALLY FAILS TO COMPLY <--
25 WITH THE REQUIREMENTS OF SUBSECTION (A) OR WHO makes a willfully
26 false statement under this section commits a misdemeanor of the
27 third degree.
28 Section 3. Transfer of records.
29 Whenever a pupil transfers from one school district to
30 another, a certified copy of the individual's pupil record shall
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1 be transferred to the school district to which the pupil
2 transfers. The school district to which the pupil has
3 transferred shall notify the sending school district upon
4 registration of the pupil and request the certified copy of the
5 individual's pupil record. The sending district shall have ten
6 school days from receipt of the request to supply the certified
7 copy of the individual's pupil record. WHEN A TRANSFER OF <--
8 RECORDS IS REQUESTED, THE SCHOOL DISTRICT TRANSFERRING THE
9 PUPIL'S RECORDS SHALL NOTIFY THE PARENT, GUARDIAN OR OTHER
10 PERSON HAVING CONTROL OR CHARGE OVER THE PUPIL THAT THE PUPIL'S
11 RECORDS HAVE BEEN TRANSFERRED TO THE NEW SCHOOL DISTRICT. ANY
12 REQUEST FOR A TRANSFER OF RECORDS SHALL INCLUDE THE MOST CURRENT
13 ADDRESS OF THE PARENT, GUARDIAN OR OTHER PERSON HAVING CONTROL
14 OR CHARGE OVER THE PUPIL WHO IS TRANSFERRING TO THE NEW SCHOOL
15 DISTRICT.
16 Section 4. Availability of records.
17 Every individual's pupil record shall be available to the
18 pupil and his parent, guardian or other person having control or
19 charge of the pupil for inspection during the regular school
20 day. However, permission of the parent, guardian or other person
21 having control or charge of the pupil shall not be required for
22 transfer of the individual's pupil record to another school or
23 school district within or without this Commonwealth in which the
24 pupil seeks enrollment or is enrolled.
25 Section 5. Maintenance of records listing incidents of
26 delinquent activity.
27 All public and private schools in this Commonwealth shall
28 maintain updated records listing any ALL incidents of violence, <--
29 convictions of possession or abuse of controlled substances, as
30 defined in the act of April 14, 1972 (P.L.233, No.64), known as
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1 The Controlled Substance, Drug, Device and Cosmetic Act, and
2 convictions of crimes against school staff, another school
3 student or school property that occur on school property during
4 school activities or on any public conveyance transporting
5 students to or from a public or private school committed by
6 pupils enrolled in each respective institution on both a
7 district-wide and school-by-school basis. These records shall be
8 maintained in the format which the Pennsylvania State Police
9 shall develop within 90 days of the effective date of this act
10 and after consulting with the Department of Education. A
11 statistical summary of these records shall be made accessible to
12 the public for examination by the school district during regular
13 business hours. Individual records of events described in this
14 act shall be made accessible only to the pupil in question, to a
15 parent or guardian of that pupil, and to any other authority
16 granted such power by law.
17 SECTION 6. STATE REIMBURSEMENT. <--
18 (A) GENERAL RULE.--THE COMMONWEALTH SHALL REIMBURSE SCHOOL
19 DISTRICTS ALL ADDITIONAL COSTS, INCLUDING, BUT NOT LIMITED TO,
20 THE DEVELOPMENT AND IMPLEMENTATION OF THE RECORDS REQUIRED UNDER
21 THE PROVISIONS OF THIS ACT. EACH SCHOOL DISTRICT SHALL DOCUMENT
22 THE COSTS TO THE DEPARTMENT OF EDUCATION BY SEPTEMBER 1 OF THE
23 SCHOOL YEAR FOLLOWING THE SCHOOL YEAR FOR WHICH IT IS SEEKING
24 REIMBURSEMENT. THE DEPARTMENT OF EDUCATION SHALL HAVE 30 DAYS TO
25 VERIFY THESE EXPENSES. THE GOVERNOR SHALL REQUEST ON AN ANNUAL
26 BASIS SUFFICIENT FUNDS IN THE GENERAL FUND APPROPRIATION REQUEST
27 OF THE DEPARTMENT OF EDUCATION TO COVER THE COST OF THIS ACT.
28 PAYMENTS UNDER THIS ACT SHALL BEGIN WITH THE 1995-1996 SCHOOL
29 YEAR. THE PROVISIONS OF THIS ACT SHALL BE NULL AND VOID IF
30 REIMBURSEMENT IS NOT MADE TO SCHOOL DISTRICTS PURSUANT TO THIS
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1 ACT.
2 (B) PROCEDURE.--SCHOOL DISTRICTS SHALL RECEIVE REIMBURSEMENT
3 PAYMENTS ON THE FOURTH THURSDAY OF OCTOBER AND FEBRUARY. THE
4 FIRST PAYMENT SHALL BE 50% OF THE AMOUNT OWED UNDER SUBSECTION
5 (A), AND THE FINAL PAYMENT SHALL BE THE BALANCE DUE TO THE
6 DISTRICT.
7 SECTION 7. REPORTS OF ACTS OF VIOLENCE.
8 THE SUPERINTENDENT OF A PUBLIC SCHOOL DISTRICT, THE EXECUTIVE
9 DIRECTOR OF AN INTERMEDIATE UNIT AND THE ADMINISTRATIVE DIRECTOR
10 OF AN AREA VOCATIONAL-TECHNICAL SCHOOL SHALL BE REQUIRED TO
11 REPORT TO THE APPROPRIATE POLICE AUTHORITY FOR THE SCHOOL ENTITY
12 ALL ACTS OF VIOLENCE AGAINST ANY PERSON ON SCHOOL PREMISES OR
13 AGAINST PROPERTY OF THE SCHOOL ENTITY OR ON ANY PUBLIC
14 CONVEYANCE TRANSPORTING STUDENTS TO OR FROM A PUBLIC SCHOOL.
15 SECTION 8. WEAPON-FREE SCHOOLS.
16 (A) EXPULSION.--EXCEPT AS PROVIDED IN SUBSECTION (F), ALL
17 SCHOOL DISTRICTS AND AREA VOCATIONAL-TECHNICAL SCHOOLS SHALL
18 EXPEL FROM SCHOOL FOR A PERIOD OF NOT LESS THAN ONE CALENDAR
19 YEAR A STUDENT WHO IS DETERMINED TO HAVE BROUGHT A WEAPON TO
20 SCHOOL OR TO SCHOOL-AFFILIATED ACTIVITIES UNDER THAT SCHOOL
21 ENTITY'S JURISDICTION, EXCEPT THAT THE SUPERINTENDENT OR
22 ADMINISTRATIVE DIRECTOR OF THE RESPECTIVE SCHOOL ENTITY MAY
23 MODIFY SUCH EXPULSION REQUIREMENT FOR A STUDENT ON A CASE-BY-
24 CASE BASIS.
25 (B) REINSTATEMENT.--
26 (1) ANY STUDENT EXPELLED UNDER THIS SECTION SHALL, PRIOR
27 TO REINSTATEMENT IN THE SCHOOL'S EDUCATION PROGRAM, BE REQUIRED
28 TO MEET IN PERSON WITH THE SCHOOL PRINCIPAL OR HIS DESIGNEE OR
29 IN THE CASE OF AN AREA VOCATIONAL-TECHNICAL SCHOOL, THE
30 ADMINISTRATIVE DIRECTOR OR HIS DESIGNEE. THE PURPOSE OF THIS
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1 MEETING SHALL BE TO REVIEW THE STUDENT'S VIOLATION OF THIS
2 SECTION.
3 (2) THE SCHOOL PRINCIPAL OR HIS DESIGNEE OR IN THE CASE
4 OF AN AREA VOCATIONAL-TECHNICAL SCHOOL, THE ADMINISTRATIVE
5 OFFICER OR HIS DESIGNEE SHALL FILE A WRITTEN REPORT OF THE
6 FINDINGS OF THIS MEETING WITH THE DISTRICT SUPERINTENDENT AND
7 THE BOARD OF SCHOOL DIRECTORS OR IN THE CASE OF AN AREA
8 VOCATIONAL-TECHNICAL SCHOOL, THE BOARD OF THE AREA
9 VOCATIONAL-TECHNICAL SCHOOL. THIS REPORT SHALL BE PERMANENTLY
10 RETAINED IN THE INDIVIDUAL'S PUPIL RECORD.
11 (C) EMPLOYEES NOT TO POSSESS WEAPONS.--NO EMPLOYEE OF A
12 PUBLIC SCHOOL, AREA VOCATIONAL-TECHNICAL SCHOOL OR INTERMEDIATE
13 UNIT, INCLUDING AN INDEPENDENT CONTRACTOR AND ITS EMPLOYEES, MAY
14 POSSESS A WEAPON IN A SCHOOL BUILDING, ON SCHOOL GROUNDS OR
15 DURING ANY SCHOOL-AFFILIATED ACTIVITIES UNDER THE SCHOOL
16 ENTITY'S JURISDICTION. THIS PROHIBITION SHALL NOT APPLY TO:
17 (1) SCHOOL POLICE OFFICERS OR OTHER LAW ENFORCEMENT
18 PERSONNEL.
19 (2) EMPLOYEES IN POSSESSION OF A WEAPON IN CONJUNCTION
20 WITH A LAWFUL SCHOOL ACTIVITY OR WHO POSSESS A WEAPON FOR USE
21 SOLELY FOR SPORTING OR RECREATIONAL PURPOSES.
22 (D) NOTICE TO POLICE DEPARTMENT.--SCHOOL OFFICIALS SHALL
23 NOTIFY THE POLICE DEPARTMENT WITH JURISDICTION OVER THE SCHOOL
24 WHENEVER ANY PERSON IS IN POSSESSION OF A WEAPON IN VIOLATION OF
25 THIS SECTION.
26 (E) REPORT TO DEPARTMENT.--EACH SCHOOL DISTRICT AND AREA
27 VOCATIONAL-TECHNICAL SCHOOL SHALL FORWARD TO THE DEPARTMENT OF
28 EDUCATION, WITHIN 30 DAYS AFTER THE CLOSE OF SCHOOL OR AT ANY
29 TIME REQUESTED BY THE SECRETARY OF EDUCATION, A REPORT WHICH
30 SHALL INCLUDE:
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1 (1) AN ASSURANCE THAT THE SCHOOL DISTRICT OR AREA
2 VOCATIONAL-TECHNICAL SCHOOL IS IN COMPLIANCE WITH THE
3 PROVISIONS OF THIS SECTION.
4 (2) A DESCRIPTION OF THE CIRCUMSTANCES SURROUNDING ALL
5 EXPULSIONS IMPOSED UNDER THE PROVISIONS OF THIS SECTION,
6 INCLUDING:
7 (I) THE NAME OF THE SCHOOL FROM WHICH THE PUPIL WAS
8 EXPELLED;
9 (II) THE NUMBER OF STUDENTS EXPELLED FROM EACH
10 SCHOOL; AND
11 (III) THE TYPE OF WEAPON OR WEAPONS INVOLVED IN THE
12 EXPULSION.
13 (F) EXCEPTION.--THIS SECTION SHALL NOT APPLY TO A STUDENT
14 WHO POSSESSES A WEAPON IN CONJUNCTION WITH A LAWFUL SUPERVISED
15 SCHOOL ACTIVITY OR WHO POSSESSES A WEAPON FOR USE SOLELY FOR
16 SPORTING OR RECREATIONAL PURPOSES.
17 (G) CONSTRUCTION.--
18 (1) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
19 SUPERSEDE THE PROVISIONS OF 22 PA. CODE § 12.6(E) (RELATING
20 TO EXCLUSIONS FROM SCHOOL).
21 (2) THE PROVISIONS OF THIS SECTION SHALL BE CONSTRUED IN
22 A MANNER CONSISTENT WITH THE INDIVIDUALS WITH DISABILITIES
23 EDUCATION ACT (PUBLIC LAW 91-320, 20 U.S.C. § 1400 ET SEQ.).
24 Section 6 9. Effective date. <--
25 This act shall take effect in 60 days.
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