PRINTER'S NO. 618
No. 548 Session of 2007
INTRODUCED BY O'NEILL, BOYD, BUXTON, CLYMER, COX, CREIGHTON, CURRY, EVERETT, FAIRCHILD, GEIST, GINGRICH, GRUCELA, HENNESSEY, HESS, KAUFFMAN, McILHATTAN, MUNDY, MURT, PEIFER, PETRONE, READSHAW, REED, REICHLEY, SAINATO, SANTONI, SAYLOR, SCAVELLO, SCHRODER, SIPTROTH, SOLOBAY, STEIL, STERN, SURRA, WATSON, ROHRER AND GOODMAN, MARCH 6, 2007
REFERRED TO COMMITTEE ON EDUCATION, MARCH 6, 2007
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 rules and
6 regulations and safety patrols, for possession of weapons
7 prohibited and for suspension and expulsion of pupils.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 510 of the act of March 10, 1949 (P.L.30,
11 No.14), known as the Public School Code of 1949, amended June
12 29, 1976 (P.L.450, No.110), is amended to read:
13 Section 510. Rules and Regulations; Safety Patrols.--(a)
14 The board of school directors in any school district may adopt
15 and enforce such reasonable rules and regulations as it may deem
16 necessary and proper, regarding the management of its school
17 affairs and the conduct and deportment of all superintendents,
18 teachers, and other appointees or employes during the time they
1 are engaged in their duties to the district, as well as 2 regarding the conduct and deportment of all [pupils] students 3 attending the public schools in the district, during such time 4 as they are attending school or school-related activities, are 5 present on school property or in buses or other vehicles 6 provided by the district, or otherwise are under the supervision 7 of the board of school directors and teachers, including the 8 time necessarily spent in coming to and returning from 9 school[.], and pertaining to activities of students regardless 10 of time or place likely to cause or causing substantial 11 disruption of or material interference with school activities or 12 the orderly and safe administration of the schools. 13 (b) In the exercise of this authority the board of school 14 directors is empowered to organize school safety patrols and, 15 with the permission of the parents, to appoint [pupils] students 16 as members thereof, for the purpose of influencing and 17 encouraging the other [pupils] students to refrain from crossing 18 public highways at points other than at regular crossings, and 19 for the purpose of directing [pupils] students not to cross 20 highways at times when the presence of traffic would render such 21 crossing unsafe. Nothing herein contained shall be construed to 22 authorize or permit the use of any safety patrol member for the 23 purpose of directing vehicular traffic, nor shall any safety 24 patrol member be stationed in that portion of the highway 25 intended for the use of vehicular traffic. No liability shall 26 attach either to the school district, or any individual 27 director, student, superintendent, teacher, or other school 28 employe, by virtue of the organization, maintenance, or 29 operation of a school safety patrol organized, maintained, and 30 operated under authority of this section. 20070H0548B0618 - 2 -
1 All flags, belts, apparel and devices issued, supplied or 2 furnished to persons acting in the capacity of special school 3 police, or special police appointed to control and direct 4 traffic at or near schools, in order to enhance the conspicuity 5 of such persons, shall be made from retro-reflective and 6 fluorescent materials visible both day and night at three 7 hundred (300) feet to approaching motorists using lawful low 8 beam headlights and shall conform to standards, specifications, 9 or regulations issued by the State Board of Education. All belts 10 supplied or furnished to [pupils] students active in the 11 capacity of school safety patrol members shall be fluorescent. 12 Section 2. Section 1317.2(e.1) of the act, amended June 25, 13 1997 (P.L.297, No.30), is amended to read: 14 Section 1317.2. Possession of Weapons Prohibited.--* * * 15 [(e.1) A school district receiving a student who transfers 16 from a public or private school during a period of expulsion for 17 an act or offense involving a weapon may assign that student to 18 an alternative assignment or provide alternative education 19 services, provided that the assignment may not exceed the period 20 of expulsion.] 21 * * * 22 Section 3. Section 1318 of the act, amended February 8, 1980 23 (P.L.3, No.2), is amended to read: 24 Section 1318. Suspension and Expulsion of [Pupils.--] 25 Students.--(a) Every principal or teacher in charge of a public 26 school may temporarily suspend any [pupil] student on account of 27 disobedience or misconduct, and any principal or teacher 28 suspending any [pupil] student shall promptly notify the 29 district superintendent or secretary of the board of school 30 directors. The board may, after a proper hearing, suspend such 20070H0548B0618 - 3 -
1 [child] student for such time as it may determine, or may 2 permanently expel [him] the student. Such hearings, suspension, 3 or expulsion may be delegated to a duly authorized committee of 4 the board, or to a duly qualified hearing examiner, who need not 5 be a member of the board, but whose adjudication must be 6 approved by the board. The board and designated committees or 7 hearing examiners acting pursuant to this section shall have the 8 power to administer oaths to witnesses and the power to issue 9 subpoenas as provided in section 1128. 10 (b) (1) A public school entity may suspend, expel or deny 11 admission to a student suspended or expelled from another public 12 school entity or nonpublic school, until the period of 13 suspension or expulsion has expired, if such suspension or 14 expulsion was imposed due to misconduct of a nature that would 15 subject students in the receiving entity to possible suspension 16 or expulsion. 17 (2) Denial of admission to a transferring student based on 18 suspension or expulsion from or misconduct in a prior school 19 entity shall be treated as suspension or expulsion for purposes 20 of this section. A student returning to the program of the 21 school district of residence after withdrawing from or being 22 expelled or suspended from an area vocational-technical school 23 is a transferring student for purposes of this section. 24 (3) No hearing otherwise required under subsection (a) shall 25 be necessary if suspension, expulsion or denial of admission 26 under subsection (b)(1) is based upon an adjudication issued in 27 accordance with this section by the board or joint operating 28 committee of the prior entity of enrollment, as evidenced by a 29 certified copy of such adjudication. 30 (4) A school entity may, after hearing in accordance with 20070H0548B0618 - 4 -
1 subsection (a), suspend, expel or deny admission to a 2 transferring student who has committed misconduct while enrolled 3 in another public or nonpublic school of a nature that would 4 subject students in the receiving entity to possible suspension 5 or expulsion, but who withdrew from the prior school entity 6 before disciplinary proceedings based on the misconduct were 7 initiated or completed. 8 (5) A receiving school entity may enroll a student 9 transferring from another public or nonpublic school entity in 10 its regular program on a provisional basis pending receipt of a 11 certified copy of the student's disciplinary record and sworn 12 statement as required under section 1304-A. If the disciplinary 13 record or sworn statement reveals a history of misconduct while 14 enrolled in the prior entity, in addition to other disposition 15 authorized under this section and to the extent consistent with 16 the disciplinary standards, policies and procedures of the 17 receiving entity, the student may be reassigned to an 18 alternative education program and may be deemed ineligible to 19 participate in extracurricular activities. 20 (6) A receiving school entity may, consistent with its 21 disciplinary standards, policies and procedures, impose other 22 forms of discipline or disciplinary assignment or impose 23 conditions of admission or continued enrollment based on a 24 transferring student's expulsion or suspension from or 25 misconduct while enrolled in a prior school entity, in lieu of 26 or in combination with denial of admission, suspension or 27 expulsion. 28 (c) The board of school directors may, in connection with 29 any expulsion, suspension, denial of admission or disciplinary 30 reassignment of a student, impose conditions for admission or 20070H0548B0618 - 5 -
1 readmission to or continuation in the school entity's regular or 2 alternative education programs. Violation of or failure to meet 3 such conditions may become the basis for denial of admission, 4 readmission or subsequent disciplinary action, including 5 exclusion from or reassignment within the school entity's 6 regular or alternative education programs. The board may 7 designate a person or persons to determine whether such 8 conditions have been met or violated. The hearing requirements 9 of subsection (a) are not applicable to a determination that a 10 student is not eligible for readmission or to remain in 11 probationary continued enrollment because of violation of or 12 failure to meet such conditions. 13 (d) Notwithstanding any other provision of this section, a 14 hearing otherwise required under subsection (a) may be waived in 15 a written agreement providing for the student's disciplinary 16 exclusion from school programs for a specified period of time, 17 entered into by the board of school directors and the student 18 and in the case of a student under eighteen (18) years of age, 19 also by the parent or guardian having primary custody of the 20 student. Any such agreement shall be filed permanently in the 21 student's disciplinary records and shall be treated in the same 22 way as an adjudication of expulsion for purposes of subsections 23 (b) and (c), this subsection and Article XIII-A. Consideration 24 by the board of a proposed agreement in lieu of hearing shall 25 not constitute grounds for disqualifying the board or members 26 thereof from participating in a hearing or taking other action 27 pursuant to this section in the event the agreement is not 28 approved by the board. The agreements shall set forth: 29 (1) A summary of the reason for the exclusion. 30 (2) The effective date and expiration date of the period of 20070H0548B0618 - 6 -
1 exclusion. 2 (3) The date when the student may be considered for earlier 3 readmission. 4 (4) A summary of the procedural rights the student would 5 have been afforded at a hearing. 6 (5) Agreed conditions of readmission or of probationary 7 continued enrollment, if any. 8 (6) Any other terms and conditions of the agreed 9 disciplinary disposition. 10 (e) Nothing in this section shall be construed to alter the 11 obligations of school entities pursuant to the Individuals with 12 Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1400 13 et seq.) and Federal regulations thereunder relating to the 14 discipline of students with disabilities. 15 (f) Nothing in this section shall be construed to exempt an 16 expelled student or the student's parents or legal guardians 17 from compulsory education requirements or the penalties 18 contained in sections 1333, 1338 and 1338.1 if they fail to 19 provide the student with a sufficient alternate placement 20 program. 21 Section 4. This act shall take effect immediately. A10L24BIL/20070H0548B0618 - 7 -