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                                                       PRINTER'S NO. 143

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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
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     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
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     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).
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     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
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     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
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     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.
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     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).
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     1     Section 3.  This act shall take effect in 60 days.




















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