PRINTER'S NO. 143
No. 112 Session of 2007
INTRODUCED BY PICCOLA, RHOADES, WONDERLING, COSTA, RAFFERTY, TOMLINSON, BRUBAKER, REGOLA, ORIE AND BROWNE, MARCH 2, 2007
REFERRED TO EDUCATION, MARCH 2, 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 the Office for 6 Safe Schools and for reporting by school entities. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Section 1302-A(b) and (c) of the act of March 10, 10 1949 (P.L.30, No.14), known as the Public School Code of 1949, 11 amended or added June 30, 1995 (P.L.220, No.26) and June 26, 12 1999 (P.L.394, No.36), are amended to read: 13 Section 1302-A. Office for Safe Schools.--* * * 14 (b) The office shall have the following powers and duties: 15 (1) To coordinate antiviolence efforts between school, 16 professional, parental, governmental, law enforcement and 17 community organizations and associations. 18 (2) To collect, develop and disseminate information, 19 policies, strategies and other information to assist in the
1 development of programs to impact school violence. 2 (3) To provide direct training to school employes, parents, 3 law enforcement officials and communities on effective measures 4 to combat school violence. 5 (4) To advise school entities and nonpublic schools on the 6 development of policies to be used regarding possession of 7 weapons by any person, acts of violence and protocols for 8 coordination with and reporting to law enforcement officials and 9 the Department of Education. 10 (5) To develop forms to be used by school entities and 11 police departments for reporting incidents involving acts of 12 violence and possession of weapons on school property. 13 (6) To convene an advisory committee which shall include a 14 police chief, school superintendent, school principal, district 15 attorney, solicitor of a school district and an in-school 16 probation officer to develop the forms required under clause 17 (5). The advisory committee shall be convened no later than 18 sixty (60) days after the effective date of this clause. 19 (c) In addition to the powers and duties set forth under 20 subsection (a), the office is authorized to make targeted grants 21 to schools to fund programs which address school violence, 22 including, but not limited to, the following programs: 23 (1) Conflict resolution or dispute management. 24 (2) Peer helpers programs. 25 (3) Risk assessment, safety-related or violence prevention 26 curricula. 27 (4) Classroom management. 28 (5) Student codes of conduct. 29 (6) Training to undertake a districtwide assessment of risk 30 factors that increase the likelihood of problem behaviors among 20070S0112B0143 - 2 -
1 students. 2 (7) Development and implementation of research-based 3 violence prevention programs that address risk factors to reduce 4 incidents of problem behaviors among students including, but not 5 limited to, bullying. 6 (8) Comprehensive, districtwide school safety and violence 7 prevention plans. 8 (9) Security planning, purchase of security-related 9 technology which may include metal detectors, protective 10 lighting, surveillance equipment, special emergency 11 communications equipment, electronic locksets, deadbolts and 12 theft control devices and training in the use of security- 13 related technology. Security planning and purchase of security- 14 related technology shall be based on safety needs identified by 15 the school entity's board of directors. 16 (10) Institution of student, staff and visitor 17 identification systems. 18 (11) Establishment or enhancement of school security 19 personnel, including school resource officers. 20 (12) Provision of specialized staff and student training 21 programs, including training for Student Assistance Program team 22 members in elementary, middle and high schools in the referral 23 of students at risk of violent behavior to appropriate 24 community-based services, including mental health services. 25 (13) Alternative education programs provided for in Article 26 XIX-C. 27 (14) Counseling services for students enrolled in 28 alternative education programs. 29 * * * 30 Section 2. Section 1303-A of the act, amended June 25, 1997 20070S0112B0143 - 3 -
1 (P.L.297, No.30), is amended to read: 2 Section 1303-A. Reporting.--(a) The office shall conduct a 3 one-time survey of all school entities to determine the number 4 of incidents involving acts of violence on school property and 5 all cases involving possession of a weapon by any person on 6 school property which occurred within the last five (5) years. 7 The survey shall be based on the best available information 8 provided by school entities. 9 (b) All school entities shall report all new incidents 10 involving acts of violence, possession of a weapon or 11 possession, use or sale of controlled substances as defined in 12 the act of April 14, 1972 (P.L.233, No.64), known as "The 13 Controlled Substance, Drug, Device and Cosmetic Act," or 14 possession, use or sale of alcohol or tobacco by any person on 15 school property at least once a year, as provided by the office, 16 on a form to be developed and provided by the office. The form 17 shall include: 18 (1) Age or grade of student. 19 (2) Name and address of school. 20 (3) Circumstances surrounding the incident, including type 21 of weapon, controlled substance, alcohol or tobacco. 22 (4) Sanction imposed by the school. 23 (4.1) A list of criminal offenses which shall, at a minimum, 24 include: 25 (i) The following offenses under 18 Pa.C.S. (relating to 26 crimes and offenses): 27 Section 908 (relating to prohibited offensive weapons). 28 Section 912 (relating to possession of weapon on school 29 property). 30 Chapter 25 (relating to criminal homicide). 20070S0112B0143 - 4 -
1 Section 2701 (relating to simple assault). 2 Section 2702 (relating to aggravated assault). 3 Section 2705 (relating to recklessly endangering another 4 person). 5 Section 2706 (relating to terroristic threats). 6 Section 2709(relating to harassment). 7 Section 2709.1 (relating to stalking). 8 Section 2901 (relating to kidnapping). 9 Section 2902 (relating to unlawful restraint). 10 Section 3121 (relating to rape). 11 Section 3122.1 (relating to statutory sexual assault). 12 Section 3123 (relating to involuntary deviate sexual 13 intercourse). 14 Section 3124.1 (relating to sexual assault). 15 Section 3125 (relating to aggravated indecent assault). 16 Section 3126 (relating to indecent assault). 17 Section 3127 (relating to indecent exposure). 18 Section 3301 (relating to arson and related offenses). 19 Section 3307 (relating to institutional vandalism). 20 Section 3502 (relating to burglary). 21 Section 3503 (relating to criminal trespass). 22 Section 5501 (relating to riot). 23 Section 5502 (relating to failure of disorderly persons to 24 disperse upon official order). 25 Section 5503 (relating to disorderly conduct). 26 Section 6110.1 (relating to possession of firearm by minor). 27 Section 6305 (relating to sale of tobacco). 28 Section 6306.1 (relating to use of tobacco in schools 29 prohibited). 30 Section 6308 (relating to purchase, consumption, possession 20070S0112B0143 - 5 -
1 or transportation of liquor or malt or brewed beverages). 2 (ii) An offense under "The Controlled Substance, Drug, 3 Device and Cosmetic Act." 4 (iii) Attempts, solicitation or conspiracy to commit any of 5 the offenses listed in subclauses (i) and (ii). 6 (5) Notification of law enforcement. 7 (6) Remedial programs involved. 8 (7) Parental involvement required. 9 (8) Arrests, convictions and adjudications, if known. 10 If a person other than a student is involved, the report shall 11 state the relationship of the individual involved to the school 12 entity. 13 (b.1) Prior to submitting the report required under 14 subsection (b), school entities and police departments shall do 15 all of the following: 16 (1) No later than forty-five (45) days prior to the deadline 17 for submitting the report required under subsection (b), school 18 entities shall submit the report to the police department with 19 jurisdiction over the relevant school property. The police 20 department shall review the report and compare the data 21 regarding criminal offenses and notification of law enforcement 22 to determine its accuracy. 23 (2) No later than fifteen (15) days prior to the deadline 24 for submitting the report required under subsection (b), the 25 police department shall notify the school entity, in writing, 26 whether the report accurately reflects police incident data. 27 Where the police department determines that the report 28 accurately reflects police incident data, the chief of police 29 shall sign the report. Where the police department determines 30 that the report does not accurately reflect police incident 20070S0112B0143 - 6 -
1 data, the police department shall indicate any discrepancies 2 between the report and police incident data. 3 (3) Prior to submitting the report required under subsection 4 (b), the school entity and the police department shall attempt 5 to resolve any discrepancies between the report and police 6 incident data. Where a discrepancy remains unresolved, the 7 police department shall notify the school entity and the office 8 in writing. 9 (4) Where a police department fails to take action as 10 required under clause (2) or (3), the school entity shall submit 11 the report required under subsection (b) and indicate that the 12 police department failed to take action as required under clause 13 (2) or (3). 14 (c) [All school entities shall develop a memorandum of 15 understanding with local law enforcement which sets forth 16 procedures to be followed when an incident involving an act of 17 violence or possession of a weapon by any person occurs on 18 school property. Law enforcement protocols shall be developed in 19 cooperation with local law enforcement and the Pennsylvania 20 State Police.] All school entities shall enter into a memorandum 21 of understanding with police departments having jurisdiction 22 over school property of the school entity. The memorandum of 23 understanding shall be signed by the superintendent and 24 principals of each school building of the school entity; and 25 where the school entity is a charter school, the memorandum of 26 understanding shall also be signed by the chief executive 27 officer of the charter school. The memorandum of understanding 28 shall include: 29 (1) Protocol for school notification of the police 30 department regarding crimes committed on school property. 20070S0112B0143 - 7 -
1 (2) Emergency and nonemergency response by the police 2 department. 3 (3) The procedure for police department review of the report 4 required under subsection (b) prior to filing with the office. 5 (4) A procedure for the resolution of school violence data 6 discrepancies prior to filing the report required under 7 subsection (b) with the office. 8 (5) Additional matters pertaining to crime prevention agreed 9 to between the school entity and the police department. 10 (d) (1) Notwithstanding any provision of law to the 11 contrary, the Department of Education may initiate disciplinary 12 action before the Professional Standards and Practices 13 Commission pursuant to the act of December 12, 1973 (P.L.397, 14 No.141), known as the "Professional Educator Discipline Act," 15 against a principal, superintendent or chief executive officer 16 of a charter school who intentionally fails to report acts of 17 violence to a police department as required by this section or 18 who intentionally falsifies a report submitted as required under 19 this section. 20 (2) In addition to any other disciplinary actions set forth 21 in the "Professional Educator Discipline Act," a principal, 22 superintendent or chief executive officer of a charter school 23 who intentionally fails to report acts of violence to a police 24 department as required by this section or who intentionally 25 falsifies a report submitted as required under this section 26 shall be subject to a civil penalty not to exceed two thousand 27 five hundred dollars ($2,500) to be imposed by the Professional 28 Standards and Practices Commission or to prosecution for 29 violation of 18 Pa.C.S. § 4904 (relating to unsworn 30 falsification to authorities). 20070S0112B0143 - 8 -
1 Section 3. This act shall take effect in 60 days. L18L24MSP/20070S0112B0143 - 9 -