PRINTER'S NO. 632
No. 569 Session of 2003
INTRODUCED BY GREENLEAF, TOMLINSON, WAGNER, ORIE, KASUNIC, TARTAGLIONE, COSTA AND BOSCOLA, APRIL 4, 2003
REFERRED TO EDUCATION, APRIL 4, 2003
AN ACT 1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An 2 act relating to the public school system, including certain 3 provisions applicable as well to private and parochial 4 schools; amending, revising, consolidating and changing the 5 laws relating thereto," further providing for safe schools. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Section 1301-A of the act of March 10, 1949 9 (P.L.30, No.14), known as the Public School Code of 1949, added 10 June 30, 1995 (P.L.220, No.26), is amended to read: 11 Section 1301-A. Definitions.--As used in this article, 12 "Drug" shall mean controlled substance as defined under the 13 act of April 14, 1972 (P.L.233, No.64), known as "The Controlled 14 Substance, Drug, Device and Cosmetic Act." 15 "Drug paraphernalia" shall mean paraphernalia as defined 16 under the act of April 14, 1972 (P.L.233, No.64), known as "The 17 Controlled Substance, Drug, Device and Cosmetic Act." 18 "Office" shall mean the Office for Safe Schools. 19 "School entity" shall mean any public school district,
1 intermediate unit or area vocational-technical school. 2 "School property" shall mean any public school grounds, any 3 school-sponsored activity or any conveyance providing 4 transportation to a school entity or school-sponsored activity. 5 "Substance abuse prevention" shall include the provisions set 6 forth in section 1547. 7 "Weapon" shall include, but not be limited to, any knife, 8 cutting instrument, cutting tool, nunchaku, firearm, shotgun, 9 rifle and any other tool, instrument or implement capable of 10 inflicting serious bodily injury. 11 Section 2. Section 1302-A of the act, amended or added June 12 30, 1995 (P.L.220, No.26) and June 26, 1999 (P.L.394, No.36), is 13 amended to read: 14 Section 1302-A. Office for Safe Schools.--(a) There is 15 hereby established in the Department of Education an Office for 16 Safe Schools. 17 (b) The office shall have the following powers and duties: 18 (1) To coordinate anti-violence efforts between school, 19 professional, parental, governmental, law enforcement and 20 community organizations and associations. 21 (2) To collect, develop and disseminate information, 22 policies, strategies and other information to assist in the 23 development of programs to [impact] deter and address school 24 violence and substance abuse. 25 (3) To provide direct training to school employes, parents, 26 law enforcement officials and communities on effective measures 27 to combat school violence and substance abuse. 28 (4) To advise school entities and nonpublic schools on the 29 development of policies to be used regarding substance abuse or 30 possession of weapons, drugs or drug paraphernalia by any 20030S0569B0632 - 2 -
1 person, acts of violence and protocols for coordination with and 2 reporting to law enforcement officials and the Department of 3 Education. 4 (5) To develop forms to be used by school entities for 5 reporting incidents involving acts of violence [and] or 6 substance abuse or possession of weapons, drugs or drug 7 paraphernalia on school property. 8 (c) In addition to the powers and duties set forth under 9 subsection (a), the office is authorized to make targeted grants 10 to schools to fund programs which address school violence and 11 substance abuse prevention, including, but not limited to, the 12 following programs: 13 (1) Conflict resolution or dispute management. 14 (2) Peer helpers programs. 15 (3) Risk assessment, safety-related or violence prevention 16 curricula. 17 (4) Classroom management. 18 (5) Student codes of conduct. 19 (6) Training to undertake a districtwide assessment of risk 20 factors that increase the likelihood of problem behaviors among 21 students. 22 (7) Development and implementation of research-based 23 violence prevention programs that address risk factors to reduce 24 incidents of problem behaviors among students. 25 (8) Comprehensive, districtwide school safety and violence 26 prevention plans. 27 (9) Security planning, purchase of security-related 28 technology which may include metal detectors, protective 29 lighting, surveillance equipment, special emergency 30 communications equipment, electronic locksets, deadbolts and 20030S0569B0632 - 3 -
1 theft control devices and training in the use of security- 2 related technology. Security planning and purchase of security- 3 related technology shall be based on safety needs identified by 4 the school entity's board of directors. 5 (10) Institution of student, staff and visitor 6 identification systems. 7 (11) Establishment or enhancement of school security 8 personnel, including school resource officers. 9 (12) Provision of specialized staff and student training 10 programs, including training for Student Assistance Program team 11 members in elementary, middle and high schools in the referral 12 of students at risk of violent behavior to appropriate 13 community-based services, including mental health services. 14 (13) Alternative education programs provided for in Article 15 XIX-C. 16 (14) Counseling services for students enrolled in 17 alternative education programs. 18 (d) Grant applications shall contain information as the 19 office may require. The office shall conduct a thorough annual 20 evaluation of each program for which a grant under this section 21 is made. 22 Section 3. Section 1303-A of the act, amended June 25, 1997 23 (P.L.297, No.30), is amended to read: 24 Section 1303-A. Reporting.--(a) The office shall conduct a 25 one-time survey of all school entities to determine the number 26 of incidents involving acts of violence and substance abuse on 27 school property and all cases involving possession of a weapon, 28 drugs or drug paraphernalia by any person on school property 29 which occurred within the last five (5) years. The survey shall 30 be based on the best available information provided by school 20030S0569B0632 - 4 -
1 entities. 2 (b) All school entities shall report all new incidents 3 involving acts of violence or substance abuse, possession of a 4 weapon or possession, use or sale of [controlled substances as 5 defined in the act of April 14, 1972 (P.L.233, No.64), known as 6 "The Controlled Substance, Drug, Device and Cosmetic Act,"] 7 drugs or drug paraphernalia or possession, use or sale of 8 alcohol or tobacco by any person on school property at least 9 once a year, as provided by the office, on a form to be 10 developed and provided by the office. The form shall include: 11 (1) Age or grade of student. 12 (2) Name and address of school. 13 (3) Circumstances surrounding the incident, including type 14 of weapon, controlled substance, alcohol or tobacco. 15 (4) Sanction imposed by the school. 16 (5) Notification of law enforcement. 17 (6) Remedial programs involved. 18 (7) Parental involvement required. 19 (8) Arrests, convictions and adjudications, if known. 20 If a person other than a student is involved, the report shall 21 state the relationship of the individual involved to the school 22 entity. 23 (c) All school entities shall develop a memorandum of 24 understanding with local law enforcement which sets forth 25 procedures to be followed when an incident involving an act of 26 violence or substance abuse or possession of a weapon, drugs or 27 drug paraphernalia by any person occurs on school property. Law 28 enforcement protocols shall be developed in cooperation with 29 local law enforcement and the Pennsylvania State Police. 30 Section 4. Section 1307-A of the act, added June 30, 1995 20030S0569B0632 - 5 -
1 (P.L.220, No.26), is amended to read: 2 Section 1307-A. Maintenance of Records.--All school entities 3 and private schools within this Commonwealth shall maintain 4 updated records of all incidents of violence or substance abuse, 5 incidents involving possession of a weapon, drugs or drug 6 paraphernalia and convictions or adjudications of delinquency 7 for acts committed on school property by students enrolled 8 therein on both a district-wide and school-by-school basis. 9 Records maintained under this section shall be contained in a 10 format developed by the Pennsylvania State Police in cooperation 11 with the office within ninety (90) days of the effective date of 12 this section. A statistical summary of these records shall be 13 made accessible to the public for examination by the public 14 during regular business hours. 15 Section 5. This act shall take effect in 60 days. B28L24JS/20030S0569B0632 - 6 -