SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY LONGIETTI, BAKER, BARRAR, BEAR, BOYD, BRENNAN, CALTAGIRONE, CARROLL, CAUSER, COHEN, CREIGHTON, DENLINGER, FABRIZIO, FAIRCHILD, FLECK, FRANKEL, FREEMAN, GEIST, GIBBONS, GRUCELA, HALUSKA, HENNESSEY, HESS, HORNAMAN, W. KELLER, KIRKLAND, KORTZ, KOTIK, MANN, McILVAINE SMITH, MELIO, MENSCH, MICCARELLI, MILLER, M. O'BRIEN, PASHINSKI, PICKETT, READSHAW, SANTONI, SEIP, SIPTROTH, STERN, STEVENSON, STURLA, VULAKOVICH, WALKO, WHEATLEY, YUDICHAK, WANSACZ, PAYTON, REED, K. SMITH, MURT, DALLY, BENNINGHOFF, BROOKS, PEIFER, BRIGGS, MATZIE, M. SMITH AND SAMUELSON, JANUARY 28, 2009

SENATOR PICCOLA, EDUCATION, IN SENATE, AS AMENDED, SEPTEMBER 21, 2010   

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," providing for development of economic

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education and personal financial literacy programs; and

establishing the Economic Education and Personal Financial

Literacy Fund in school districts, further providing for

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reports to Department of Education and providing for value-

added assessment system and for drop-out data collection; in

intermediate units, further providing for financial reports;

providing for payment of fees associated with certification

by the National Board for Professional Teaching Standards; in

certification of teachers, further providing for

disqualifications relating to teacher's certificate; in

pupils and attendance, further providing for residence and

right to free school privileges and providing for emergency

permits at approved private schools and chartered schools for

the deaf and blind; in provisions relating to safe schools,

further providing for definitions and for the Office for Safe

Schools; providing for regulations; and further providing for

reporting by school entities; in school health services,

further providing for possession and use of asthma inhalers

and epinephrine auto-injectors, for medical examinations of

teachers and other persons and for duties of Department of

Education; in terms and courses of study, providing for

economic education and personal financial literacy programs,

for State standards for business, computer and information

technology courses and for dating violence education;

establishing the Science Technology Partnership Program; in

high schools, further providing for academic degrees; in

charter schools, further providing for facilities; providing

for the Older Pennsylvanian Higher Education Program, for

course materials at institutions of higher education and for

sexual violence education at institutions of higher

education; in reimbursements by Commonwealth and between

school districts, further providing for effect of failure to

file reports; and making editorial changes and related

repeals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of March 10, 1949 (P.L.30, No.14), known

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as the Public School Code of 1949, is amended by adding a

section to read:

Section 1551.  Economic Education and Personal Financial

Literacy Programs.--(a)  The General Assembly declares it is the

purpose of this section to require the department to gather and

disseminate curriculum materials for school entities or private,

nonpublic, elementary or secondary schools in this Commonwealth

related to teaching economics and personal finance curriculum as

identified in the Pennsylvania Academic Standards for Economics,

Family and Consumer Science, and Career Education and Work. The

materials shall incorporate concepts of economics and personal

financial literacy into the K-12 school curricula and shall be

designed to educate the general student population who need to

understand our economic system and the role the individual

citizen, consumer and saver plays within that system. In

gathering materials for use in schools, the department shall

consider materials and resources currently available through

international, national, Statewide and local economic and

personal finance education organizations.

(b)  The department shall have the power and its duty shall

be to:

(1)  Provide resource information on economics, economic

education and personal financial literacy to educators and

public and private schools and organizations.

(2)  Provide for the distribution through the department's

Internet website to school entities or private, nonpublic,

elementary or secondary schools in this Commonwealth, teacher

curriculum materials and other available resources, including

economic education partnership programs, on economic education

and personal finance concepts. In distributing materials and

resources for use in schools, the department shall consider

those currently available through international, national,

Statewide and local economic, banking trade and personal finance

education organizations. Such materials may include curriculum

on issues related to our economic system, including, but not

limited to, the concepts identified in the Pennsylvania Academic

Standards for Economics, Family and Consumer Science, and Career

Education and Work.

(3)  Identify and recognize Commonwealth schools that

implement exemplary economic and economic education and personal

financial literacy curricula at each benchmark identified by the

Pennsylvania Academic Standards for Economics, Family and

Consumer Science, and Career Education and Work.

(4)  Maintain an inventory of economic education and personal

financial literacy materials, programs and resources available

in Commonwealth agencies.

(c)  The secretary shall prepare and submit an annual report

to the Governor and the General Assembly on the status of

economic education and personal financial literacy programs in

this Commonwealth. The report shall outline economic education

and personal financial literacy programs and achievements,

highlight new initiatives and recommend future program needs.

(d)  (1)  The secretary shall consult, at least annually,

with a representative cross section of the economic, personal

financial literacy, banking and education communities of this

Commonwealth. The cross section shall include, but not be

limited to:

(i)  Statewide and local economic and personal finance

education organizations.

(ii)  Faculty and staff members of this Commonwealth's higher

education community, each of whom must have a background in or

knowledge of economics and personal financial literacy.

(iii)  Teachers involved in economic education or personal

financial literacy.

(iv)  Administrators of school entities who conduct an

economic or personal financial literacy education program.

(2)  The consultation process shall:

(i)  Assess the trends and needs in economic education and

personal financial literacy.

(ii)  Consider the manner in which any funds are used to

support economic education and personal financial literacy

activities.

(iii)  Make recommendations to the Governor and the General

Assembly regarding legislative or regulatory changes to improve

economic education and personal financial literacy, pursuant to

the preparation and submittal of the report required by

subsection (c).

(e)  There is hereby established a separate fund in the State

Treasury to be known as the Economic Education and Personal

Financial Literacy Fund.  All non-State moneys in the fund are

appropriated to the department on a continuing basis. At the end

of each fiscal year, unencumbered State moneys shall lapse to

the General Fund. The moneys in the fund shall be used solely

for the purpose of implementing and continuing the provisions of

this section, including program administration.

(1)  The department is authorized, for purposes of

implementing and administering this section:

(i)  To accept and expend, on behalf of the Commonwealth, any

appropriations from the General Assembly or Federal Government,

gifts, donations, legacies and usages of money from individuals,

organizations, public or private corporations and similar

entities.

(ii)  To apply for, accept and expend any and all Federal,

State or other grants that may be available for the purposes of

this section.

(iii)  To pursue and establish partnerships with

organizations, public and private corporations and similar

entities through which it may raise money for the purposes of

this section.

(2)  All money received or raised under this subsection shall

be paid into the State Treasury and credited to the fund.

(f)  The following words and phrases when used in this

section shall have the meanings given to them in this

subsection:

"Department."  The Department of Education of the

Commonwealth.

"Fund."  The Economic Education and Personal Financial

Literacy Fund.

"Personal financial literacy."  The integration of various

factors relating to personal financial management, including

understanding financial institutions, using money, learning to

manage personal assets and liabilities, creating budgets and any

other factors that may assist an individual in this Commonwealth

to be financially responsible.

"School entity."  A public school district, intermediate unit

or area vocational-technical school.

"Secretary."  The Secretary of Education of the Commonwealth.

Section 2.  This act shall take effect immediately.

Section 1.  Section 218 of the act of March 10, 1949 (P.L.30,

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No.14), known as the Public School Code of 1949, added May 10,

2000 (P.L.44, No.16), is amended to read:

Section 218.  Reports to Department of Education.--(a)  An

annual financial report shall be submitted to the Secretary of

Education by each school district, charter school, cyber charter

school and area vocational-technical school not later than the

31st day of October. All financial accounting and reporting by

school districts, charter schools, cyber charter schools and

area vocational-technical schools to the Department of Education

shall be in accordance with generally accepted accounting and

reporting standards, except that management discussion and

analysis and related notes and the following financial

statements shall not be required components of the annual

financial report: entity-wide financial statements, including

the statement of activities and the statement of net assets; the

reconciliation of the balance sheet - governmental funds to

statement of net assets; and the reconciliation of the statement

of revenues, expenditures and changes in fund balances -

governmental funds to statement of activities. The Department of

Education shall establish a reporting standard for the annual

financial report.

(b)  The chief school administrator and board secretary of a

school district, charter school, cyber charter school or area

vocational-technical school shall submit a signed statement to

the Department of Education not later than the 31st day of

December of each year certifying that: the audited financial

statements of the school district, charter school, cyber charter

school or area vocational-technical school have been properly

audited pursuant to Article XXIV and that in the independent

auditor's professional opinion, the financial information

submitted in the annual financial report was materially

consistent with the audited financial statements.

(c)  If the financial information submitted in the annual

financial report was not materially consistent with the audited

financial statements, the school district, charter school, cyber

charter school or area vocational-technical school shall submit

a revised annual financial report to the Department of Education

not later than the 31st day of December.

(d)  The Department of Education shall order the forfeiture

penalties provided for under section 2552.1(a.1) against a

school district, charter school, cyber charter school or area

vocational-technical school for failure to timely submit an

annual financial report or revised annual financial report.

Section 2.  The act is amended by adding sections to read:

Section 221.  Value-added Assessment System.--(a)  Beginning

on the effective date of this section, the Department of

Education shall make available on its publicly accessible

Internet website the following:

(1)  Value-added assessment system data for the school

district level and the school level. The Department of

Education's disclosure of value-added assessment system data

shall be subject to the Family Educational Rights and Privacy

Act of 1974 (Public Law 90-247, 20 U.S.C. § 1232g) or a

successor Federal statute.

(2)  Instructions that may assist the public in understanding

and interpreting the data provided under paragraph (1).

(b)  For purposes of this section:

"Value-added assessment system" shall mean a statistical

analysis of results on the Pennsylvania System of School

Assessment test or any other test established by the State Board

of Education to meet the requirements of section 2603-B(d)(10)

(i) pursuant to 22 Pa. Code § 403.3 (relating to single

accountability system) that uses measures of student learning to

enable the estimation of school or school district statistical

distributions.

Section 222.  Drop-out Data Collection.--(a)  The department

shall have the following powers and duties:

(1)  To report the graduation rates and drop-out rates in

this Commonwealth.

(2)  To implement and maintain a data collection and

reporting system that accounts for all students and calculates

graduation rates and drop-out rates in all school entities in

accordance with Federal regulations or guidelines. The

department may comply with this section by modifying a currently

existing data collection and reporting system to provide the

information required under subsection (b).

(3)  To require school entities to report student graduation

and drop-out data to the department using the department's data

collection system.

(b)  (1)  Beginning in the 2011-2012 school year and in each

school year thereafter, the department shall annually prepare a

report and provide a copy of the report to the Education

Committee of the Senate and the Education Committee of the House

of Representatives and shall post a copy of the report on the

department's publicly accessible Internet website by December 1

of each year. The report shall contain, at a minimum, the

following:

(i)  All drop-out rates and graduation rates reported by

school entities, including school-level data, disaggregated by

the factors used to identify an at-risk student and the

following classifications:

(A)  Limited English proficiency.

(B)  Low income.

(C)  Special education.

(D)  Gifted education.

(E)  Race/ethnicity.

(F)  Gender.

(G)  School entity.

(H)  Geographic area.

(ii)  Highest grade level completed and age prior to dropping

out.

(2)  School entities shall use the definitions and formulas

established by the department if no Federal statute, regulation

or guideline exists when reporting the graduation rates and

drop-out rates to the department. School entities shall report

these rates annually in a manner required by the department.

(3)  The department may develop any guidelines or standards

necessary to implement the requirements of this section.

(c)  As used in this section, the following words and phrases

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Department."  The Department of Education of the

Commonwealth.

"School entity."  A public school district, charter school,

cyber charter school or area vocational-technical school.

Section 3.  Section 921-A of the act, amended July 11, 2006

(P.L.1092, No.114), is amended to read:

Section 921-A.  Financial Reports.--(a)  An annual financial

report shall be submitted to the Secretary of Education by each

intermediate unit not later than the 31st day of October,

together with an auditor's report prepared by an independent

auditor who shall be a certified public accountant or other

competent public accountant. The financial information submitted

in the annual financial report shall be materially consistent

with the audited financial statements. All financial accounting

and reporting by intermediate units to the Department of

Education shall be in accordance with generally accepted

accounting and reporting standards, except that management

discussion and analysis and related notes and the following

financial statements shall not be required components of the

annual financial report: entity-wide financial statements,

including the statement of activities and the statement of net

assets; the reconciliation of the balance sheet - governmental

funds to statement of net assets; and the reconciliation of the

statement of revenues, expenditures and changes in fund

balances - governmental funds to statement of activities. The

Department of Education shall establish a reporting standard for

the annual financial report.

(b)  The Department of Education shall order the forfeiture

penalties provided for under section 2552.1(a.1) against an

intermediate unit for failure to timely submit an annual

financial report.

Section 4.  Article XI of the act is amended by adding a

subdivision to read:

(i)  Programs.

Section 1194.1.  (Reserved).

Section 5.  The act is amended by adding an article to read:

ARTICLE XI-B

CERTIFICATION OF TEACHERS BY THE NATIONAL BOARD FOR

PROFESSIONAL TEACHING STANDARDS

Section 1101-B.  Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department."  The Department of Education of the

Commonwealth.

"Eligible teacher."  A teacher who:

(1)  Is a current Pennsylvania resident.

(2)  Currently holds a valid Pennsylvania teaching

certification in good standing.

(3)  Has completed three full years of teaching or school

counseling in a Pennsylvania public school.

(4)  Holds a current, full-time teaching or school

counseling position in a Pennsylvania public school.

(5)  Has not previously received Commonwealth funds for

participating in the NBPTS certification process.

(6)  Has not repaid any Commonwealth funds previously

received for the NBPTS certification process.

(7)  Has not received a waiver of repayment from the

Department of Education.

"National Board for Professional Teaching Standards" or

"NBPTS."  The independent, nonprofit organization established in

1987 to establish high standards for teachers' knowledge and

performance and for development and operation of a national

voluntary system to assess and certify teachers who meet those

standards.

"Public school."  A school operated by a school district,

intermediate unit, charter school, cyber charter school or an

area vocational-technical school.

Section 1102-B.  Payment of fees.

To the extent funds are available, the Commonwealth shall do

all of the following:

(1)  Pay all or a portion of the cost of NBPTS assessment

fees on behalf of an eligible teacher to become NBPTS

certified or recertified.

(2)  Reimburse school districts for all or a portion of

substitute fees for each day the eligible teacher

participates in preparation for NBPTS certification, up to

three days.

Section 1103-B.  Priority.

(a)  Schools in school improvement or corrective action.--

Eligible teachers who teach in schools identified by the

department as in school improvement or corrective action shall

receive first priority for payment of assessment fees under this

article. The eligible teachers' districts shall also receive

first priority for substitute fees reimbursement.

(b)  Other priority.--Eligible teachers who teach early

childhood education, who teach mathematics or science at the

middle or secondary level or who teach special education or

foreign languages shall receive second priority for payment of

assessment fees under this article. The eligible teachers'

districts shall also receive second priority for substitute fees 

reimbursement.

Section 1104-B.  Duties of eligible teachers.

(a)  Completion of process.--An eligible teacher on whose

behalf the assessment fee is paid shall agree to complete the

certification process or be subject to repayment as set forth in

section 1105-B(a).

(b)  Three-year commitment.--An eligible teacher on whose

behalf the assessment fee is paid and who receives NBPTS

certification shall, in addition to the requirement under

subsection (a), agree to serve as a teacher or administrator in

a Pennsylvania public school for a period of at least three

years or be subject to repayment as set forth in section 1105-

B(b). Eligible teachers who receive priority under section 1103-

B and who receive NBPTS certification shall teach in that

priority class for the three-year commitment period. If an

eligible teacher receives priority under section 1103-B(a) and

the school is removed from improvement or corrective action

during the three-year commitment period, service in the same

school or in another school identified by the department as in

school improvement or corrective action shall continue to

fulfill the requirements of this subsection.

Section 1105-B.  Repayment.

(a)  Failure to complete the certification process.--When an

eligible teacher for whom the Commonwealth has paid the

assessment fee fails to complete the certification process, the

teacher shall reimburse the Commonwealth for the amount of the

assessment fee. A candidate who completes the certification

process but is denied NBPTS certification shall not be subject

to repayment pursuant to this subsection.

(b)  Failure to continue teaching.--When an eligible teacher

for whom the Commonwealth has paid the assessment fee fails to

meet the requirements of section 1104-B(b), the teacher shall

reimburse the Commonwealth for the amount of the assessment fee.

The teacher shall certify to the department each year that the

teacher is in compliance with section 1104-B(b).

(c)  Waiver of repayment.--Upon the application of the

eligible teacher, the department:

(1)  Shall waive the repayment requirement if the

department finds that the teacher was unable to complete the

process or meet the requirements of section 1104-B(b) due to:

(i)  administrative action on the part of the school

district or area vocational-technical school for other

than causes enumerated in section 1122;

(ii)  illness of the teacher;

(iii)  the death or catastrophic illness of a member

of the teacher's immediate family; or

(iv)  parental leave to care for a newborn or newly

adopted child.

(2)  May waive the repayment requirement if the

department finds other extraordinary circumstances.

Section 1106-B.  Duties of department.

(a)  Guidelines.--The department shall develop guidelines

necessary for the implementation of this article.

(b)  Technical assistance.--To the extent funds are

available, the department shall provide technical assistance to

NBPTS applicants. The department may contract with one or more

institutions of higher education or intermediate units in order

to provide technical assistance.

Section 6.  Section 1209 of the act, amended April 15, 1959

(P.L.41, No.16) and June 24, 1959 (P.L.485, No.110), is amended

to read:

Section 1209.  Disqualifications.--No teacher's certificate

shall be granted to any person who [has]:

(1)  Has not submitted, upon a blank furnished by the

[Superintendent of Public Instruction] Secretary of Education, a

certificate from a physician [legally qualified to practice

medicine], certified registered nurse practitioner or physician

assistant licensed or certified in this Commonwealth, or in any

other state or the District of Columbia, setting forth that

[said] the applicant is [neither mentally nor physically

disqualified, by reason of tuberculosis or any other

communicable disease or by reason of mental disorder] not

disqualified by reason of a mental or physical disability or a

communicable disease from the successful performance of the

[duties of a teacher; nor to any person who has not] essential

functions of a teacher with or without a reasonable

accommodation.

(2)  Does not have a good moral character[, or who is].

(3)  [in the habit of using opium or other narcotic drugs in

any form, or any intoxicating drink as a beverage, or to any

applicant who has a major physical disability or defect unless

such a person submits a certificate signed by an official of the

college or university from which he was graduated or of an

appropriate rehabilitation agency, certifying that in the

opinion of such official the applicant, by his work and

activities, demonstrated that he is sufficiently adjusted,

trained and motivated to perform the duties of a teacher,

notwithstanding his impediment.] Engages in the illegal use of

controlled substances or alcoholic beverages. An applicant for

certification may overcome the disqualification under this

paragraph and receive a teaching certificate if the applicant is

reviewed by the Department of Education pursuant to the

requirement of paragraph (2) and determined to be of good moral

character.

Section 7.  Section 1302 of the act is amended by adding a

subsection to read:

Section 1302.  Residence and Right to Free School

Privileges.--* * *

(d)  Notwithstanding the provisions of subsection (a), when a

child lives outside of Pennsylvania as a result of one or both

parents being called or ordered to active military duty, other

than active duty training, the child shall continue to be

considered a resident of the school district that was the

child's resident school district immediately prior to the parent

being stationed outside of Pennsylvania, provided that the

parent maintains the residence.

Section 8.  The act is amended by adding a section to read:

Section 1377.2.  Emergency Permits at Approved Private

Schools and Chartered Schools for the Deaf and Blind.--Approved

private schools and chartered schools for the deaf and blind

shall have the authority to apply for emergency permits through

the Department of Education pursuant to the criteria for

eligibility established under 22 Pa. Code § 49.31 (relating to

criteria for eligibility) as if the teachers were employed by a

public school entity provided that all other conditions for

obtaining an emergency permit are met.

Section 9.  Section 1301-A of the act, added June 30, 1995

(P.L.220, No.26), is amended to read:

Section 1301-A.  Definitions.--As used in this article,

"Chief school administrator" shall mean the superintendent of

a public school district, superintendent of an area vocational-

technical school, executive director of an intermediate unit or

chief executive officer of a charter school.

"Office" shall mean the Office for Safe Schools within the

Department of Education.

"School entity" shall mean any public school district,

intermediate unit [or], area vocational-technical school or

charter school.

"School-based diversion programs" shall mean programs that,

in partnership with other stakeholders, divert youth out of the

juvenile justice system. These programs include, but are not

limited to, youth aid panels in which a panel of community

members decide an appropriate resolution to hold the student

accountable for the student's actions by, among other options,

requiring the student to complete educational activities,

community service, restitution and any other related program or

service.

"School property" shall mean any public school grounds, any

school-sponsored activity or any conveyance providing

transportation to a school entity or school-sponsored activity.

"School-wide positive behavior support" means a school-wide,

evidence-based and data-driven approach to improving school

behavior that seeks to reduce unnecessary student disciplinary

actions and promote a climate of greater productivity, safety

and learning.

"Student with a disability" shall mean a student who meets

the definition of "child with a disability" under the

Individuals with Disabilities Act (Public Law 91-230, 20 U.S.C.

§ 1400 et seq.) or who meets the definition of a "handicapped

person" under section 504 of the Rehabilitation Act and its

implementing regulations (34 C.F.R. § 104.3(j)). The term

includes a student for whom an evaluation is pending under

either the Individuals with Disabilities Act or Rehabilitation

Act.

"Weapon" shall include, but not be limited to, any knife,

cutting instrument, cutting tool, nunchaku, firearm, shotgun,

rifle and any other tool, instrument or implement capable of

inflicting serious bodily injury.

Section 10.  Section 1302-A of the act, amended or added June

30, 1995 (P.L.220, No.26) and July 9, 2008 (P.L.846, No.61), is

amended to read:

Section 1302-A.  Office for Safe Schools.--(a)  There is

hereby established in the Department of Education an Office for

Safe Schools.

(b)  The office shall have the [following powers and duties] 

power and duty to implement the following:

(1)  To coordinate antiviolence efforts between school,

professional, parental, governmental, law enforcement and

community organizations and associations.

(2)  To collect, develop and disseminate information,

policies, strategies and other information to assist in the

development of programs to impact school violence.

(2.1)  To direct all school entities to submit annual school

violence statistics and reports to the office no later than July

31 of each year.

(3)  To provide direct training to school employes, parents,

law enforcement officials and communities on effective measures

to prevent and combat school violence.

(4)  To advise school entities and nonpublic schools on the

development of policies to be used regarding possession of

weapons by any person, acts of violence and protocols for

coordination with and reporting to law enforcement officials and

the Department of Education.

(4.1)  To verify the existence of corrective action plans to

reduce incidents of violence as required in the No Child Left

Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425).

(5)  To develop forms to be used by school entities and

police departments for reporting incidents involving acts of

violence and possession of weapons on school property. The forms

shall be reviewed on a biennial basis and revised when

necessary.

(6)  To verify that each school entity has a biennially 

updated and reexecuted memorandum of understanding with local

law enforcement and has filed such memorandum with the office on

a biennial basis.

(7)  To publish and post on the Department of Education's

Internet website a School Safety Annual Report no later than

November 1 of each calendar year outlining all incidents

required to be reported under section 1303-A and any school

district that failed to submit a report under section 1303-A.

(b.1)  The office shall process and tabulate the data on an

annual basis to assist school administrators and law enforcement

officials in their duties under this article.

(c)  In addition to the powers and duties set forth under

subsection [(a)] (b), the office is authorized to make targeted

grants to [schools] school entities to fund programs which

address school violence, including[, but not limited to, the

following programs]:

(1)  Conflict resolution or dispute management, including

restorative justice strategies.

(1.1)  School-wide positive behavior support that includes

primary or universal, secondary and tertiary supports and

interventions in school entities.

(1.2)  School-based diversion programs.

(2)  Peer helpers programs.

(3)  Risk assessment, safety-related [or], violence

prevention curricula, including, but not limited to, dating

violence curricula and restorative justice strategies.

(4)  Classroom management.

(5)  Student codes of conduct.

(6)  Training to undertake a districtwide assessment of risk

factors that increase the likelihood of problem behaviors among

students.

(7)  Development and implementation of research-based

violence prevention programs that address risk factors to reduce

incidents of problem behaviors among students including, but not

limited to, bullying.

(8)  Comprehensive, districtwide school safety and violence

prevention plans.

(9)  Security planning, purchase of security-related

technology which may include metal detectors, protective

lighting, surveillance equipment, special emergency

communications equipment, electronic locksets, deadbolts and

theft control devices and training in the use of security-

related technology. Security planning and purchase of security-

related technology shall be based on safety needs identified by

the school entity's board of directors.

(10)  Institution of student, staff and visitor

identification systems, including criminal background check

software.

(11)  Establishment or enhancement of school security

personnel, including school resource officers.

(12)  Provision of specialized staff and student training

programs, including training for Student Assistance Program team

members in elementary, middle and high schools in the referral

of students at risk of violent behavior to appropriate

community-based services, including mental health services.

(13)  Alternative education programs provided for in Article

XIX-C.

(14)  Counseling services for students enrolled in

alternative education programs.

(15)  An Internet web-based system for the management of

student discipline, including misconduct and criminal offenses.

(16)  Staff training programs in the use of positive behavior

supports, de-escalation techniques and appropriate responses to

student behavior that may require immediate intervention.

(d)  [Grant applications shall contain information as the

office may require. The office shall conduct a thorough annual

evaluation of each program for which a grant under this section

is made.]

(1)  Targeted grants shall be allocated through a competitive

grant review process established by the office. School entities

must satisfy the requirements of this section and section 1303-A

to be eligible for grants. The application for a targeted grant

shall include:

(i)  the purpose for which the targeted grant shall be

utilized;

(ii)  information indicating need for the targeted grant,

including, but not limited to, school violence statistics;

(iii)  an estimated budget;

(iv)  methods for measuring outcomes; and

(v)  any other criteria as the office may require.

(2)  The office shall:

(i)  Give priority in grant funding to a school entity

designated as a persistently dangerous school as defined in 22

Pa. Code § 403.2 (relating to definitions).

(ii)  Give priority in grant funding to school entities with

the greatest need to establish safety and order.

(iii)  To the greatest extent possible, ensure that grant

funding is geographically dispersed to school entities

throughout this Commonwealth.

(3)  The office shall provide all targeted grant agreements

to the Department of Education's comptroller for review and

approval prior to awarding the grant. The school entity shall

provide the office with full and complete access to all records

relating to the performance of the grant, and shall submit, at

such time and in such form as may be prescribed, truthful and

accurate information that the office may require. The office

shall conduct a thorough annual evaluation of each program for

which a grant under this section is made. The office shall seek

repayment of funds if it determines that funds were not utilized

for the original stated purpose.

Section 11.  The act is amended by adding a section to read:

Section 1302.1-A.  Regulations.--(a) Within one year of the

effective date of this section, the State Board of Education

shall promulgate final-omitted regulations pursuant to the act

of June 25, 1982 (P.L. 633, No. 181), known as the "Regulatory

Review Act," necessary to implement this article. The

regulations shall include the following:

(1)  A model memorandum of understanding between school

entities and local police departments. The model memorandum of

understanding shall be reviewed on a biennial basis and revised

where necessary. 

(2)  Protocol for the notification of the police department

when an offense listed under section 1303-A(b)(4.1) occurs on

school property, which shall include a requirement that the

local police department be notified immediately when such an

offense occurs.

(3)  Protocol for the notification of the police department

at the discretion of the chief school administrator regarding an

offense listed under section 1303-A (b)(4.2) or any other

offense that occurs on school property.

(4)  Protocol for emergency and nonemergency response by the

police department, which shall include a requirement that the

school district shall supply the police department with a copy

of the comprehensive disaster response and emergency

preparedness plan as required by 35 Pa.C.S. § 7701(g) (relating

to duties concerning disaster prevention).

(5)  Procedures and protocols for the response and handling

of students with a disability, including procedures related to

student behavior as required by 22 Pa. Code §§ 14.104 (relating

to special education plans) and 14.133 (relating to positive

behavior support).

(b)  (1)  In promulgating the regulations required under (a),

the State Board of Education shall convene and consult with a

Statewide advisory committee which shall include a police chief,

juvenile public defender, school superintendent, school

principal, district attorney, solicitor of a school district,

special education supervisor, special education advocate and in-

school probation officer and one designee from the Department of

Education, the Pennsylvania Commission on Crime and Delinquency,

the Municipal Police Officers' Education and Training

Commission, the Juvenile Court Judges' Commission and the

Pennsylvania State Police.

(2)  Members of the committee shall be selected to be

representative of the rural, suburban and urban school entities

of this Commonwealth.

(3)  The advisory committee shall be convened no later than

sixty (60) days after the effective date of this section and

shall meet regularly to fulfill the requirements of this

section.

Section 12.  Section 1303-A of the act, amended June 25, 1997

(P.L.297, No.30), is amended to read:

Section 1303-A.  Reporting.--(a)  The office shall conduct a

one-time survey of all school entities to determine the number

of incidents involving acts of violence on school property and

all cases involving possession of a weapon by any person on

school property which occurred within the last five (5) years.

The survey shall be based on the best available information

provided by school entities.

(b)  [All school entities] Each chief school administrator 

shall report to the office by July 31 of each year all new

incidents involving acts of violence, possession of a weapon or

possession, use or sale of controlled substances as defined in

the act of April 14, 1972 (P.L.233, No.64), known as "The

Controlled Substance, Drug, Device and Cosmetic Act," or

possession, use or sale of alcohol or tobacco by any person on

school property [at least once a year, as provided by the

office,]. The incidents to be reported to the office shall

include all incidents involving conduct that constitutes a

criminal offense listed under paragraphs (4.1) and (4.2).

Reports on a form to be developed and provided by the office[.

The form] shall include:

(1)  Age or grade of student.

(2)  Name and address of school.

(3)  Circumstances surrounding the incident, including, but

not limited to, type of weapon, controlled substance, alcohol or

tobacco, the date, time and location of the incident, if a

person other than a student is involved in the incident and any

relationship to the school entity.

(3.1)  Race of student.

(3.2)  Whether the student has an Individualized Education

Plan under the Individuals with Disabilities Education Act

(Public Law 91-230, 20 U.S.C. § 1400 et seq.), and if so the

type of disability.

(4)  Sanction imposed by the school.

(4.1)  A list of criminal offenses which shall, at a minimum,

include:

(i)  The following offenses under 18 Pa.C.S. (relating to

crimes and offenses):

Section 908 (relating to prohibited offensive weapons).

Section 912 (relating to possession of weapon on school

property).

Chapter 25 (relating to criminal homicide).

Section 2702 (relating to aggravated assault).

Section 2709.1 (relating to stalking).

Section 2901 (relating to kidnapping).

Section 2902 (relating to unlawful restraint).

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual assault).

Section 3123 (relating to involuntary deviate sexual

intercourse).

Section 3124.1 (relating to sexual assault).

Section 3124.2 (relating to institutional sexual assault).

Section 3125 (relating to aggravated indecent assault).

Section 3126 (relating to indecent assault).

Section 3301 (relating to arson and related offenses).

Section 3307 (relating to institutional vandalism), when the

penalty is a felony of the third degree.

Section 3502 (relating to burglary).

Section 3503(a) and (b)(1)(v) (relating to criminal

trespass).

Section 5501 (relating to riot).

Section 6110.1 (relating to possession of firearm by minor).

(ii)  The possession, use or sale of a controlled substance

or drug paraphernalia as defined in "The Controlled Substance,

Drug, Device and Cosmetic Act."

(iii)  Attempts, solicitation or conspiracy to commit any of

the offenses listed in subclauses (i) and (ii).

(iv)  An offense for which registration is required under 42

Pa.C.S. § 9795.1 (relating to registration).

(4.2)  The following offenses under 18 Pa.C.S., and any

attempt, solicitation or conspiracy to commit any of these

offenses:

Section 2701 (relating to simple assault).

Section 2705 (relating to recklessly endangering another

person).

Section 2706 (relating to terroristic threats).

Section 2709 (relating to harassment).

Section 3127 (relating to indecent exposure).

Section 3307 (relating to institutional vandalism), when the

penalty is a misdemeanor of the second degree.

Section 3503(b)(1)(i), (ii), (iii) and (iv), (b.1) and (b.2)

(relating to criminal trespass).

Chapter 39 (relating to theft and related offenses).

Section 5502 (relating to failure of disorderly persons to

disperse upon official order).

Section 5503 (relating to disorderly conduct).

Section 6305 (relating to sale of tobacco).

Section 6306.1 (relating to use of tobacco in schools

prohibited).

Section 6308 (relating to purchase, consumption, possession

or transportation of liquor or malt or brewed beverages).

(5)  Notification of law enforcement.

(6)  Remedial programs involved.

(7)  Parental involvement required.

(8)  Arrests, convictions and adjudications, if known.

[If a person other than a student is involved, the report shall

state the relationship of the individual involved to the school

entity.]

(b.1)  Prior to submitting the report required under

subsection (b), each chief school administrator and each police

department having jurisdiction over school property of the

school entity shall do all of the following:

(1)  No later than thirty (30) days prior to the deadline for

submitting the report to the office required under subsection

(b), the chief school administrator shall submit the report to

the police department with jurisdiction over the relevant school

property. The police department shall review the report and

compare the data regarding criminal offenses and notification of

law enforcement to determine whether the report accurately

reflects police incident data.

(2)  No later than fifteen (15) days prior to the deadline

for the chief school administrator to submit the report required

under subsection (b), the police department shall notify the

chief school administrator, in writing, whether the report

accurately reflects police incident data. Where the police

department determines that the report accurately reflects police

incident data, the chief of police shall sign the report. Where

the police department determines that the report does not

accurately reflect police incident data, the police department

shall indicate any discrepancies between the report and police

incident data.

(3)  Prior to submitting the report required under subsection

(b), the chief school administrator and the police department

shall attempt to resolve discrepancies between the report and

police incident data. Where a discrepancy remains unresolved,

the police department shall notify the chief school

administrator and the office in writing.

(4)  Where a police department fails to take action as

required under clause (2) or (3), the chief school administrator 

shall submit the report required under subsection (b) and

indicate that the police department failed to take action as

required under clause (2) or (3).

(c)  [All school entities shall develop a memorandum of

understanding with local law enforcement which sets forth

procedures to be followed when an incident involving an act of

violence or possession of a weapon by any person occurs on

school property. Law enforcement protocols shall be developed in

cooperation with local law enforcement and the Pennsylvania

State Police.] Each chief school administrator shall form an

advisory committee composed of relevant school staff, including,

but not limited to, principals, security personnel, school

resource officers, guidance counselors and special education

administrators, to assist in the development of a memorandum of

understanding pursuant to this section. In consultation with the

advisory committee, each chief school administrator shall enter

into a memorandum of understanding with police departments

having jurisdiction over school property of the school entity.

Each chief school administrator shall submit a copy of the

memorandum of understanding to the office by June 30, 2011, and

biennially update and re-execute a memorandum of understanding

with local law enforcement and file such memorandum with the

office on a biennial basis. The memorandum of understanding

shall be signed by the chief school administrator, the chief of

police of the police department with jurisdiction over the

relevant school property and principals of each school building

of the school entity. The memorandum of understanding shall

comply with the regulations promulgated by the State Board of

Education under section 1302.1-A and shall also include:

(1)  The procedure for police department review of the

semiannual report required under subsection (b) prior to the

chief school administrator filing the report required under

subsection (b) with the office.

(2)  A procedure for the resolution of school violence data

discrepancies in the report prior to filing the report required

under subsection (b) with the office.

(3)  Additional matters pertaining to crime prevention agreed

to between the chief school administrator and the police

department.

(d)  Pursuant to section 615 of the Individuals with

Disabilities Education Act (Public Law 91-230, 20 U.S.C. §

1415(k)(6)), nothing in section 1302.1-A or this section shall

be construed to prohibit a school entity from reporting a crime

committed by a child with a disability to appropriate

authorities or to prevent State law enforcement and judicial