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| PRIOR PRINTER'S NOS. 41, 753, 1169 | PRINTER'S NO. 1214 |
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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, O'PAKE, WOZNIAK AND WONDERLING, JANUARY 20, 2009 |
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| AS AMENDED ON THIRD CONSIDERATION, JUNE 24, 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 within the |
19 | Department of Education. |
20 | "School entity" shall mean any public school district, |
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1 | intermediate unit [or], area vocational-technical school or |
2 | charter school. |
3 | "School property" shall mean any public school grounds, any |
4 | school-sponsored activity or any conveyance providing |
5 | transportation to a school entity or school-sponsored activity. |
6 | "Weapon" shall include, but not be limited to, any knife, |
7 | cutting instrument, cutting tool, nunchaku, firearm, shotgun, |
8 | rifle and any other tool, instrument or implement capable of |
9 | inflicting serious bodily injury. |
10 | Section 2. Section 1302-A of the act, amended or added June |
11 | 30, 1995 (P.L.220, No.26) and July 9, 2008 (P.L.846, No.61), is |
12 | amended to read: |
13 | Section 1302-A. Office for Safe Schools.--(a) There is |
14 | hereby established in the Department of Education an Office for |
15 | Safe Schools[.] within the Office of Elementary and Secondary |
16 | Education. The director of the office shall report directly to |
17 | the Deputy Secretary for Elementary and Secondary Education. The |
18 | office shall be staffed and supported by employes of the |
19 | department. The department shall not outsource or contract out |
20 | the functions, duties or responsibilities of the office. |
21 | (b) The office shall have the [following powers and duties] |
22 | power and duty to implement the following: |
23 | (1) To coordinate antiviolence efforts between school, |
24 | professional, parental, governmental, law enforcement and |
25 | community organizations and associations. |
26 | (2) To collect, develop and disseminate information, |
27 | policies, strategies and other information to assist in the |
28 | development of programs to impact school violence. |
29 | (2.1) To direct all school entities to submit annual school |
30 | violence statistics and reports to the office no later than July |
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1 | 30 of each year. |
2 | (3) To provide direct training to school employes, parents, |
3 | law enforcement officials and communities on effective measures |
4 | to prevent and 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 | (4.1) To verify the existence of corrective action plans to |
11 | reduce incidents of violence as required in the No Child Left |
12 | Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425). |
13 | (5) To develop forms and issue a model memorandum of |
14 | understanding and forms to be used by school entities and police |
15 | departments for reporting incidents involving acts of violence |
16 | and possession of weapons on school property. |
17 | (6) To convene a Statewide advisory committee which shall |
18 | develop the forms and model memorandum of understanding required |
19 | under clause (5) and to make recommendations to the office on |
20 | training procedures and programs as required under clause (3). |
21 | The committee shall include a police chief, school |
22 | superintendent, school principal, district attorney, solicitor |
23 | of a school district, special education supervisor, special |
24 | education advocate and in-school probation officer and one |
25 | designee from the Department of Education, the Pennsylvania |
26 | Commission on Crime and Delinquency, the Municipal Police |
27 | Officers' Education and Training Commission, the Juvenile Court |
28 | Judges' Commission and the Pennsylvania State Police. Members of |
29 | the committee shall be selected to be representative of the |
30 | rural, suburban and urban school entities of this Commonwealth. |
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1 | The advisory committee shall be convened no later than sixty |
2 | (60) days after the effective date of this clause and shall meet |
3 | regularly to fulfill the requirements of this clause. The model |
4 | memorandum of understanding and forms shall be reviewed on a |
5 | biennial basis and revised where necessary. |
6 | (7) To verify that each school entity has a biennially |
7 | updated and reexecuted a memorandum of understanding with local |
8 | law enforcement and has filed such memorandum with the office on |
9 | a biennial basis. |
10 | (8) To publish and post on the Department of Education's |
11 | Internet website a School Safety Annual Report no later than |
12 | November 1 of each calendar year outlining all incidents |
13 | required to be reported under section 1303-A. |
14 | (b.1) The office shall process and tabulate the data on an |
15 | annual basis to assist school administrators and law enforcement |
16 | officials in their duties under this article. |
17 | (C) (c) In addition to the powers and duties set forth under | <-- |
18 | subsection [(a)] (b), the office is authorized to make targeted | <-- |
19 | grants to [schools] school entities to fund programs which |
20 | address school violence, including[, but not limited to, the |
21 | following programs]: |
22 | (1) Conflict resolution or dispute management, including |
23 | restorative justice strategies. |
24 | (1.1) School-wide positive behavior support that includes |
25 | primary or universal, secondary and tertiary supports and |
26 | interventions in school entities. |
27 | (2) Peer helpers programs. |
28 | (3) Risk assessment, safety-related [or], violence |
29 | prevention curricula, including, but not limited to, dating |
30 | violence curricula and restorative justice strategies. |
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1 | (4) Classroom management. |
2 | (5) Student codes of conduct. |
3 | (6) Training to undertake a districtwide assessment of risk |
4 | factors that increase the likelihood of problem behaviors among |
5 | students. |
6 | (7) Development and implementation of research-based |
7 | violence prevention programs that address risk factors to reduce |
8 | incidents of problem behaviors among students including, but not |
9 | limited to, bullying. |
10 | (8) Comprehensive, districtwide school safety and violence |
11 | prevention plans. |
12 | (9) Security planning, purchase of security-related |
13 | technology which may include metal detectors, protective |
14 | lighting, surveillance equipment, special emergency |
15 | communications equipment, electronic locksets, deadbolts and |
16 | theft control devices and training in the use of security- |
17 | related technology. Security planning and purchase of security- |
18 | related technology shall be based on safety needs identified by |
19 | the school entity's board of directors. |
20 | (10) Institution of student, staff and visitor |
21 | identification systems, including criminal background check |
22 | software. |
23 | (11) Establishment or enhancement of school security |
24 | personnel, including school resource officers. |
25 | (12) Provision of specialized staff and student training |
26 | programs, including training for Student Assistance Program team |
27 | members in elementary, middle and high schools in the referral |
28 | of students at risk of violent behavior to appropriate |
29 | community-based services, including mental health services. |
30 | (13) Alternative education programs provided for in Article |
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1 | XIX-C. |
2 | (14) Counseling services for students enrolled in |
3 | alternative education programs. |
4 | (15) An Internet web-based system for the management of |
5 | student discipline, including misconduct and criminal offenses. |
6 | (16) Staff training programs in the use of positive behavior |
7 | supports, de-escalation techniques and appropriate responses to |
8 | student behavior that may require immediate intervention. |
9 | (d) [Grant applications shall contain information as the |
10 | office may require. The office shall conduct a thorough annual |
11 | evaluation of each program for which a grant under this section |
12 | is made.] |
13 | (1) Targeted grants shall be allocated through a competitive |
14 | grant review process established by the office. School entities |
15 | must satisfy the requirements of this section and section 1303-A |
16 | to be eligible for grants. The application for a targeted grant |
17 | shall include: |
18 | (i) the purpose for which the targeted grant shall be |
19 | utilized. |
20 | (ii) information indicating need for the targeted grant, |
21 | including, but not limited to, school violence statistics. |
22 | (iii) an estimated budget. |
23 | (iv) Methods for measuring outcomes. |
24 | (v) any other criteria as the office may require. |
25 | (2) The office shall: |
26 | (i) Give priority in grant funding to a school entity |
27 | designated as a persistently dangerous school as defined in the | <-- |
28 | No Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat. |
29 | 1425) 22 Pa. Code § 403.2 (relating to definitions). | <-- |
30 | (ii) Give priority in grant funding to school entities with |
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1 | the greatest need to establish safety and order. |
2 | (iii) To the greatest extent possible, ensure that grant |
3 | funding is geographically dispersed to school entities |
4 | throughout this Commonwealth. |
5 | (3) The office shall provide all targeted grant agreements |
6 | to the Department of Education's comptroller for review and |
7 | approval prior to awarding the grant. The school entity shall |
8 | provide the office with full and complete access to all records |
9 | relating to the performance of the grant, and shall submit, at |
10 | such time and in such form as may be prescribed, truthful and |
11 | accurate information that the office may require. The office |
12 | shall conduct a thorough annual evaluation of each program for |
13 | which a grant under this section is made. The office shall seek |
14 | repayment of funds if it determines that funds were not utilized |
15 | for the original stated purpose. |
16 | Section 3. Section 1303-A of the act, amended June 25, 1997 |
17 | (P.L.297, No.30), is amended to read: |
18 | Section 1303-A. Reporting.--(a) The office shall conduct a |
19 | one-time survey of all school entities to determine the number |
20 | of incidents involving acts of violence on school property and |
21 | all cases involving possession of a weapon by any person on |
22 | school property which occurred within the last five (5) years. |
23 | The survey shall be based on the best available information |
24 | provided by school entities. |
25 | (b) [All school entities] Each chief school administrator |
26 | shall report all new [incidents involving acts of violence, | <-- |
27 | possession of a weapon or possession, use or sale of controlled |
28 | substances as defined in the act of April 14, 1972 (P.L.233, No. |
29 | 64), known as "The Controlled Substance, Drug, Device and |
30 | Cosmetic Act," or possession, use or sale of alcohol or |
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1 | tobacco]criminal offenses as provided under subsection (b)(4.1) | <-- |
2 | by any person on school property [at least once a year, as |
3 | provided by the office,]. Reporting under clause (4.2) shall be | <-- |
4 | at the discretion of the chief school administrator. Reports |
5 | shall be made The incidents to be reported to the office shall | <-- |
6 | include all incidents involving conduct that constitutes a |
7 | criminal offense listed under paragraphs (4.1) and (4.2). |
8 | Reports on a form to be developed and provided by the office[. | <-- |
9 | The form] shall include: | <-- |
10 | (1) Age or grade of student. |
11 | (2) Name and address of school. |
12 | (3) Circumstances surrounding the incident, including, but |
13 | not limited to, type of weapon, controlled substance, alcohol or |
14 | tobacco, the date, time and location of the incident, if a |
15 | person other than a student is involved in the incident and any |
16 | relationship to the school entity. |
17 | (3.1) Race of student. |
18 | (3.2) Whether the student has an Individualized Education |
19 | Plan under the Individuals with Disabilities Education Act |
20 | (Public Law 91-230, 20 U.S.C. § 1400 et seq.), and if so the |
21 | type of disability. |
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 2702 (relating to aggravated assault). |
2 | Section 2709.1 (relating to stalking). |
3 | Section 2901 (relating to kidnapping). |
4 | Section 2902 (relating to unlawful restraint). |
5 | Section 3121 (relating to rape). |
6 | Section 3122.1 (relating to statutory sexual assault). |
7 | Section 3123 (relating to involuntary deviate sexual |
8 | intercourse). |
9 | Section 3124.1 (relating to sexual assault). |
10 | Section 3124.2 (relating to institutional sexual assault). |
11 | Section 3125 (relating to aggravated indecent assault). |
12 | Section 3126 (relating to indecent assault). |
13 | Section 3301 (relating to arson and related offenses). |
14 | Section 3307 (relating to institutional vandalism), when the |
15 | penalty is a felony of the third degree. |
16 | Section 3502 (relating to burglary). |
17 | Section 3503(a) and (b)(1)(v) (relating to criminal |
18 | trespass). |
19 | Section 5501 (relating to riot). |
20 | Section 6110.1 (relating to possession of firearm by minor). |
21 | (ii) The possession, use or sale of a controlled substance |
22 | or drug paraphernalia as defined in "The Controlled Substance, |
23 | Drug, Device and Cosmetic Act." |
24 | (iii) Attempts, solicitation or conspiracy to commit any of |
25 | the offenses listed in subclauses (i) and (ii). |
26 | (iv) An offense for which registration is required under 42 |
27 | Pa.C.S. § 9795.1 (relating to registration). |
28 | (4.2) The following offenses under 18 Pa.C.S., and any |
29 | attempt, solicitation or conspiracy to commit any of these |
30 | offenses: |
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1 | Section 2701 (relating to simple assault). |
2 | Section 2705 (relating to recklessly endangering another |
3 | person). |
4 | Section 2706 (relating to terroristic threats). |
5 | Section 2709 (relating to harassment). |
6 | Section 3127 (relating to indecent exposure). |
7 | Section 3307 (relating to institutional vandalism), when the |
8 | penalty is a misdemeanor of the second degree. |
9 | Section 3503(b)(1)(i), (ii), (iii) and (iv), (b.1) and (b.2) |
10 | (relating to criminal trespass). |
11 | Chapter 39 (relating to theft and related offenses). |
12 | Section 5502 (relating to failure of disorderly persons to |
13 | disperse upon official order). |
14 | Section 5503 (relating to disorderly conduct). |
15 | Section 6305 (relating to sale of tobacco). |
16 | Section 6306.1 (relating to use of tobacco in schools |
17 | prohibited). |
18 | Section 6308 (relating to purchase, consumption, possession |
19 | or transportation of liquor or malt or brewed beverages). |
20 | (5) Notification of law enforcement. |
21 | (6) Remedial programs involved. |
22 | (7) Parental involvement required. |
23 | (8) Arrests, convictions and adjudications, if known. |
24 | [If a person other than a student is involved, the report |
25 | shall state the relationship of the individual involved to the |
26 | school entity.] |
27 | (b.1) Prior to submitting the report required under |
28 | subsection (b), each chief school administrator and each police |
29 | department having jurisdiction over school property of the |
30 | school entity shall do all of the following: |
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1 | (1) No later than thirty (30) days prior to the deadline for |
2 | submitting the report required under subsection (b), the chief |
3 | school administrator shall submit the report to the police |
4 | department with jurisdiction over the relevant school property. |
5 | The police department shall review the report and compare the |
6 | data regarding criminal offenses and notification of law |
7 | enforcement to determine its accuracy. |
8 | (2) No later than fifteen (15) days prior to the deadline |
9 | for submitting the report required under subsection (b), the |
10 | police department shall notify the chief school administrator, |
11 | in writing, whether the report accurately reflects police |
12 | incident data. Where the police department determines that the |
13 | report accurately reflects police incident data, the chief of |
14 | police shall sign the report. Where the police department |
15 | determines that the report does not accurately reflect police |
16 | incident data, the police department shall indicate any |
17 | discrepancies between the report and police incident data. |
18 | (3) Prior to submitting the report required under subsection |
19 | (b), the chief school administrator and the police department |
20 | shall attempt to resolve discrepancies between the report and |
21 | police incident data. Where a discrepancy remains unresolved, |
22 | the police department shall notify the chief school |
23 | administrator and the office in writing. |
24 | (4) Where a police department fails to take action as |
25 | required under clause (2) or (3), the chief school administrator |
26 | shall submit the report required under subsection (b) and |
27 | indicate that the police department failed to take action as |
28 | required under clause (2) or (3). |
29 | (c) [All school entities shall develop a memorandum of |
30 | understanding with local law enforcement which sets forth |
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1 | procedures to be followed when an incident involving an act of |
2 | violence or possession of a weapon by any person occurs on |
3 | school property. Law enforcement protocols shall be developed in |
4 | cooperation with local law enforcement and the Pennsylvania |
5 | State Police.] Each chief school administrator shall enter into |
6 | a memorandum of understanding with police departments having |
7 | jurisdiction over school property of the school entity. Each |
8 | chief school administrator shall submit a copy of the memorandum |
9 | of understanding to the office by June 30, 2009 2010, and | <-- |
10 | biennially update and re-execute a memorandum of understanding |
11 | with local law enforcement and file such memorandum with the |
12 | office on a biennial basis. The memorandum of understanding |
13 | shall be signed by the chief school administrator, the chief of |
14 | police of the police department with jurisdiction over the |
15 | relevant school property and principals of each school building |
16 | of the school entity. The memorandum of understanding shall |
17 | include: |
18 | (1) Protocol for the immediate notification of the police |
19 | department when an offense listed under subsection (b)(4.1)(i), |
20 | (ii), (iii) or (iv) occurs on school property. |
21 | (2) Protocol for notification of the police department at |
22 | the discretion of the chief school administrator regarding an |
23 | offense listed under subsection (b)(4.2) or any other offense |
24 | that occurs on school property. |
25 | (3) Emergency and nonemergency response by the police |
26 | department. Each school district shall supply the police |
27 | department with a copy of the comprehensive disaster response |
28 | and emergency preparedness plan as required by 35 Pa.C.S. § |
29 | 7701(g) (relating to duties concerning disaster prevention). |
30 | (4) Procedures for response to student behavior as required |
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1 | by 22 Pa. Code § 14.104 (relating to special education plans) |
2 | and 22 Pa. Code § 14.133 (relating to positive behavior |
3 | support). |
4 | (5) The procedure for police department review of the |
5 | semiannual report required under subsection (b) prior to filing |
6 | with the office. |
7 | (6) A procedure for the resolution of school violence data |
8 | discrepancies prior to filing the report required under |
9 | subsection (b) with the office. |
10 | (7) Additional matters pertaining to crime prevention agreed |
11 | to between the chief school administrator and the police |
12 | department. |
13 | (d) Pursuant to section 615 of the Individuals with |
14 | Disabilities Education Act (Public Law 91-230, 20 U.S.C. § |
15 | 1415(k)(6)), nothing in this section shall be construed to |
16 | prohibit a school entity from reporting a crime committed by a |
17 | child with a disability to appropriate authorities or to prevent |
18 | State law enforcement and judicial authorities from exercising |
19 | their responsibilities with regard to the application of Federal |
20 | and State law to crimes committed by a child with a disability. |
21 | (e) (1) Notwithstanding any provision of law to the |
22 | contrary, the Department of Education may initiate disciplinary |
23 | action before the Professional Standards and Practices |
24 | Commission pursuant to the act of December 12, 1973 (P.L.397, |
25 | No.141), known as the "Professional Educator Discipline Act," |
26 | against a chief school administrator or principal of a school |
27 | entity who intentionally fails to submit the report as required |
28 | under subsection (b) or enter into the memorandum of |
29 | understanding, report an incident involving an act of violence, |
30 | possession of a weapon or an offense listed under subsection (b) |
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1 | (4.1) that occurs on school property to a police department or |
2 | submit a copy of the memorandum of understanding to the office |
3 | as required under subsection (c) or who intentionally falsifies |
4 | a report submitted as required under this section. |
5 | (2) In addition to any other disciplinary actions set forth |
6 | in the "Professional Educator Discipline Act," a chief school |
7 | administrator or principal of a school entity who intentionally |
8 | fails to submit the report as required under subsection (b) or |
9 | enter into the memorandum of understanding, report an incident |
10 | involving an act of violence, possession of a weapon or an |
11 | offense cited under subsection (b)(4.1) that occurs on school |
12 | property to a police department or submit a copy of the |
13 | memorandum of understanding to the office as required under |
14 | subsection (c) or who intentionally falsifies a report submitted |
15 | as required under this section shall be subject to prosecution |
16 | for violation of 18 Pa.C.S. § 4904 (relating to unsworn |
17 | falsification to authorities), where appropriate, and to the |
18 | following civil penalties to be imposed by the Professional |
19 | Standards and Practices Commission for violations of this |
20 | article: |
21 | (i) for a first violation, $2,500; |
22 | (ii) for a second violation, $3,500; or |
23 | (iii) for a third or subsequent violation, $5,000. |
24 | Any penalty imposed under this paragraph shall be paid to the |
25 | Department of Education and used for the support of the office. |
26 | Section 4. This act shall take effect in 90 days. |
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