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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PICCOLA, BROWNE, RAFFERTY, TOMLINSON, ORIE, YAW AND O'PAKE, JANUARY 20, 2009 |
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| REFERRED TO EDUCATION, JANUARY 20, 2009 |
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| AN ACT |
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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, in provisions |
6 | relating to safe schools, for definitions, for the Office for |
7 | Safe Schools and for reporting by school entities. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 1301-A of the act of March 10, 1949 (P.L. |
11 | 30, No.14), known as the Public School Code of 1949, added June |
12 | 30, 1995 (P.L.220, No.26), is amended to read: |
13 | Section 1301-A. Definitions.--As used in this article, |
14 | "Chief school administrator" shall mean the superintendent of |
15 | a public school district, superintendent of an area vocational- |
16 | technical school, executive director of an intermediate unit or |
17 | chief executive officer of a charter school. |
18 | "Office" shall mean the Office for Safe Schools. |
19 | "School entity" shall mean any public school district, |
20 | intermediate unit [or], area vocational-technical school or |
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1 | charter 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 | "Weapon" shall include, but not be limited to, any knife, |
6 | cutting instrument, cutting tool, nunchaku, firearm, shotgun, |
7 | rifle and any other tool, instrument or implement capable of |
8 | inflicting serious bodily injury. |
9 | Section 2. Section 1302-A(b) of the act, added June 30, 1995 |
10 | (P.L.220, No.26), is amended to read: |
11 | Section 1302-A. Office for Safe Schools.--* * * |
12 | (b) The office shall have the following powers and duties: |
13 | (1) To coordinate antiviolence efforts between school, |
14 | professional, parental, governmental, law enforcement and |
15 | community organizations and associations. |
16 | (2) To collect, develop and disseminate information, |
17 | policies, strategies and other information to assist in the |
18 | development of programs to impact school violence. |
19 | (3) To provide direct training to school employes, parents, |
20 | law enforcement officials and communities on effective measures |
21 | to combat school violence. |
22 | (4) To advise school entities and nonpublic schools on the |
23 | development of policies to be used regarding possession of |
24 | weapons by any person, acts of violence and protocols for |
25 | coordination with and reporting to law enforcement officials and |
26 | the Department of Education. |
27 | (5) To develop forms to be used by school entities and |
28 | police departments for reporting incidents involving acts of |
29 | violence and possession of weapons on school property. |
30 | (6) To convene an advisory committee which shall include a |
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1 | police chief, school superintendent, school principal, district |
2 | attorney, solicitor of a school district and an in-school |
3 | probation officer to develop the forms required under clause |
4 | (5). The advisory committee shall be convened no later than |
5 | sixty (60) days after the effective date of this clause. |
6 | * * * |
7 | Section 3. Section 1303-A of the act, amended June 25, 1997 |
8 | (P.L.297, No.30), is amended to read: |
9 | Section 1303-A. Reporting.--(a) The office shall conduct a |
10 | one-time survey of all school entities to determine the number |
11 | of incidents involving acts of violence on school property and |
12 | all cases involving possession of a weapon by any person on |
13 | school property which occurred within the last five (5) years. |
14 | The survey shall be based on the best available information |
15 | provided by school entities. |
16 | (b) [All school entities] Each chief school administrator |
17 | shall report all new incidents involving acts of violence, |
18 | possession of a weapon or possession, use or sale of controlled |
19 | substances as defined in the act of April 14, 1972 (P.L.233, No. |
20 | 64), known as "The Controlled Substance, Drug, Device and |
21 | Cosmetic Act," or possession, use or sale of alcohol or tobacco |
22 | by any person on school property at least once a year, as |
23 | provided by the office, on a form to be developed and provided |
24 | by the office. The form shall include: |
25 | (1) Age or grade of student. |
26 | (2) Name and address of school. |
27 | (3) Circumstances surrounding the incident, including type |
28 | of weapon, controlled substance, alcohol or tobacco. |
29 | (4) Sanction imposed by the school. |
30 | (4.1) A list of criminal offenses which shall, at a minimum, |
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1 | include: |
2 | (i) The following offenses under 18 Pa.C.S. (relating to |
3 | crimes and offenses): |
4 | Section 908 (relating to prohibited offensive weapons). |
5 | Section 912 (relating to possession of weapon on school |
6 | property). |
7 | Chapter 25 (relating to criminal homicide). |
8 | Section 2701 (relating to simple assault). |
9 | Section 2702 (relating to aggravated assault). |
10 | Section 2705 (relating to recklessly endangering another |
11 | person). |
12 | Section 2706 (relating to terroristic threats). |
13 | Section 2709(relating to harassment). |
14 | Section 2709.1 (relating to stalking). |
15 | Section 2901 (relating to kidnapping). |
16 | Section 2902 (relating to unlawful restraint). |
17 | Section 3121 (relating to rape). |
18 | Section 3122.1 (relating to statutory sexual assault). |
19 | Section 3123 (relating to involuntary deviate sexual |
20 | intercourse). |
21 | Section 3124.1 (relating to sexual assault). |
22 | Section 3125 (relating to aggravated indecent assault). |
23 | Section 3126 (relating to indecent assault). |
24 | Section 3127 (relating to indecent exposure). |
25 | Section 3301 (relating to arson and related offenses). |
26 | Section 3307 (relating to institutional vandalism). |
27 | Section 3502 (relating to burglary). |
28 | Section 3503 (relating to criminal trespass). |
29 | Section 5501 (relating to riot). |
30 | Section 5502 (relating to failure of disorderly persons to |
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1 | disperse upon official order). |
2 | Section 5503 (relating to disorderly conduct). |
3 | Section 6110.1 (relating to possession of firearm by minor). |
4 | Section 6305 (relating to sale of tobacco). |
5 | Section 6306.1 (relating to use of tobacco in schools |
6 | prohibited). |
7 | Section 6308 (relating to purchase, consumption, possession |
8 | or transportation of liquor or malt or brewed beverages). |
9 | (ii) An offense under "The Controlled Substance, Drug, |
10 | Device and Cosmetic Act." |
11 | (iii) Attempts, solicitation or conspiracy to commit any of |
12 | the offenses listed in subclauses (i) and (ii). |
13 | (iv) An offense for which registration is required under 42 |
14 | Pa.C.S. § 9795.1 (relating to registration). |
15 | (5) Notification of law enforcement. |
16 | (6) Remedial programs involved. |
17 | (7) Parental involvement required. |
18 | (8) Arrests, convictions and adjudications, if known. |
19 | If a person other than a student is involved, the report |
20 | shall state the relationship of the individual involved to the |
21 | school entity. |
22 | (b.1) Prior to submitting the report required under |
23 | subsection (b), each chief school administrator and each police |
24 | department having jurisdiction over school property of the |
25 | school entity shall do all of the following: |
26 | (1) No later than forty-five (45) days prior to the deadline |
27 | for submitting the report required under subsection (b), the |
28 | chief school administrator shall submit the report to the police |
29 | department with jurisdiction over the relevant school property. |
30 | The police department shall review the report and compare the |
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1 | data regarding criminal offenses and notification of law |
2 | enforcement to determine its accuracy. |
3 | (2) No later than fifteen (15) days prior to the deadline |
4 | for submitting the report required under subsection (b), the |
5 | police department shall notify the chief school administrator, |
6 | in writing, whether the report accurately reflects police |
7 | incident data. Where the police department determines that the |
8 | report accurately reflects police incident data, the chief of |
9 | police shall sign the report. Where the police department |
10 | determines that the report does not accurately reflect police |
11 | incident data, the police department shall indicate any |
12 | discrepancies between the report and police incident data. |
13 | (3) Prior to submitting the report required under subsection |
14 | (b), the chief school administrator and the police department |
15 | shall attempt to resolve any discrepancies between the report |
16 | and police incident data. Where a discrepancy remains |
17 | unresolved, the police department shall notify the chief school |
18 | administrator and the office in writing. |
19 | (4) Where a police department fails to take action as |
20 | required under clause (2) or (3), the chief school administrator |
21 | shall submit the report required under subsection (b) and |
22 | indicate that the police department failed to take action as |
23 | required under clause (2) or (3). |
24 | (c) [All school entities shall develop a memorandum of |
25 | understanding with local law enforcement which sets forth |
26 | procedures to be followed when an incident involving an act of |
27 | violence or possession of a weapon by any person occurs on |
28 | school property. Law enforcement protocols shall be developed in |
29 | cooperation with local law enforcement and the Pennsylvania |
30 | State Police.] Each chief school administrator shall enter into |
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1 | a memorandum of understanding with police departments having |
2 | jurisdiction over school property of the school entity. Such |
3 | memorandum of understanding shall require immediate notification |
4 | of the police department when an incident involving an act of |
5 | violence, possession of a weapon or an offense listed under |
6 | subsection (b)(4.1) occurs on school property. Each chief school |
7 | administrator shall submit a copy of the memorandum of |
8 | understanding to the office by June 30, 2009, and June 30 of |
9 | each year thereafter. The memorandum of understanding shall be |
10 | signed by the chief school administrator and principals of each |
11 | school building of the school entity. The memorandum of |
12 | understanding shall include: |
13 | (1) Protocol for school notification of the police |
14 | department regarding an incident involving an act of violence, |
15 | possession of a weapon or an offense listed under subsection (b) |
16 | (4.1) that occurs on school property. |
17 | (2) Emergency and nonemergency response by the police |
18 | department. |
19 | (3) The procedure for police department review of the report |
20 | required under subsection (b) prior to filing with the office. |
21 | (4) A procedure for the resolution of school violence data |
22 | discrepancies prior to filing the report required under |
23 | subsection (b) with the office. |
24 | (5) Additional matters pertaining to crime prevention agreed |
25 | to between the chief school administrator and the police |
26 | department. |
27 | (d) (1) Notwithstanding any provision of law to the |
28 | contrary, the Department of Education may initiate disciplinary |
29 | action before the Professional Standards and Practices |
30 | Commission pursuant to the act of December 12, 1973 (P.L.397, |
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1 | No.141), known as the "Professional Educator Discipline Act," |
2 | against a chief school administrator or principal of a school |
3 | entity who intentionally fails to submit the report as required |
4 | under subsection (b) or enter into the memorandum of |
5 | understanding, report an incident involving an act of violence, |
6 | possession of a weapon or an offense listed under subsection (b) |
7 | (4.1) that occurs on school property to a police department or |
8 | submit a copy of the memorandum of understanding to the office |
9 | as required under subsection (c) or who intentionally falsifies |
10 | a report submitted as required under this section. |
11 | (2) In addition to any other disciplinary actions set forth |
12 | in the "Professional Educator Discipline Act," a chief school |
13 | administrator or principal of a school entity who intentionally |
14 | fails to submit the report as required under subsection (b) or |
15 | enter into the memorandum of understanding, report an incident |
16 | involving an act of violence, possession of a weapon or an |
17 | offense cited under subsection (b)(4.1) that occurs on school |
18 | property to a police department or submit a copy of the |
19 | memorandum of understanding to the office as required under |
20 | subsection (c) or who intentionally falsifies a report submitted |
21 | as required under this section shall be subject to prosecution |
22 | for violation of 18 Pa.C.S. § 4904 (relating to unsworn |
23 | falsification to authorities), where appropriate, and to the |
24 | following civil penalties to be imposed by the Professional |
25 | Standards and Practices Commission for violations of this |
26 | article: |
27 | (i) for a first violation $2,500; |
28 | (ii) for a second violation $3,500; or |
29 | (iii) for a third or subsequent |
30 | violation $5,000. |
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1 | Any penalty imposed under this paragraph shall be paid to the |
2 | Department of Education and used for the support of the office. |
3 | Section 4. This act shall take effect in 60 days. |
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