PRINTER'S NO.  1555

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1345

Session of

2011

  

  

INTRODUCED BY J. TAYLOR, W. KELLER, EVERETT, FABRIZIO, FREEMAN, GINGRICH, GODSHALL, HARHART, JOHNSON, MICCARELLI, MILLER, PAYTON, QUINN, REICHLEY, ROSS, SABATINA AND SHAPIRO, APRIL 13, 2011

  

  

REFERRED TO COMMITTEE ON EDUCATION, APRIL 13, 2011  

  

  

  

AN ACT

  

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

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act relating to the public school system, including certain

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provisions applicable as well to private and parochial

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schools; amending, revising, consolidating and changing the

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laws relating thereto," in safe schools, further providing

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for safe schools advocate in school districts of the first

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class, for standing and for enforcement.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 1310-A(a) and (b)(6) and (8) of the act

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of March 10, 1949 (P.L.30, No.14), known as the Public School

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Code of 1949, added November 22, 2000 (P.L.672, No.91), are

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amended to read:

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Section 1310-A.  Safe Schools Advocate in School Districts of

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the First Class.--(a)  The [Secretary of Education] Executive

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Director of the Pennsylvania Commission on Crime and Delinquency 

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shall establish, within the [office] commission, a safe schools

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advocate for each school district of the first class. The

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advocate shall not be subject to the act of August 5, 1941

 


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(P.L.752, No.286), known as the "Civil Service Act." The

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advocate shall establish and maintain an office within the

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school district.

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(b)  The safe schools advocate shall have the power and its

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duties shall be:

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* * *

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(6)  To review and analyze Federal and State statutes which

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may be an impediment to school safety and the imposition of

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discipline for the commission of acts of violence on school

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property and to prepare, by April 30, 2001, and as necessary

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from time to time thereafter, reports making recommendations for

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changes to the statutes which would promote school safety and

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facilitate effective and expedient disciplinary action. The

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reports shall be submitted to the secretary and the Executive

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Director of the Pennsylvania Commission on Crime and

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Delinquency.

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* * *

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(8)  To prepare an annual report regarding the activities of

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the advocate during the prior fiscal year and any

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recommendations for remedial legislation, regulations or school

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district administrative reforms, which shall be submitted to the

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school district superintendent, the secretary, the Executive

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Director of the Pennsylvania Commission on Crime and

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Delinquency, the chairperson of the Education Committee of the

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Senate and the chairperson of the Education Committee of the

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House of Representatives by August 15 of each year.

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* * *

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Section 2.  Section 1311-A of the act, amended June 22, 2001

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(P.L.530, No.35), is amended to read:

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Section 1311-A.  Standing.--(a)  If a student in a school

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district of the first class is a victim of an act of violence

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involving a weapon on school property and the student who

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possessed the weapon was not expelled under section 1317.2, the

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parent or guardian of the victim shall have standing to

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institute a legal proceeding to obtain expulsion of the student.

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(b)  The Office of General Counsel shall have standing to

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bring an action on behalf of a victim or the parent or guardian

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of a victim of an act of violence in a school in a school

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district of the first class to modify, clarify or eliminate a

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consent decree that is related to discipline in the district if,

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in consultation with the advocate, the Office of General Counsel

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believes that the action is in the best interests of the

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students of the school district.

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(c)  (1)  The [Secretary of Education] Executive Director of

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the Pennsylvania Commission on Crime and Delinquency in

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consultation with the General Counsel may designate a portion of

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the funds provided for the safe schools advocate [for]:

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(i)  For contracts for legal services to assist low-income

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parents or guardians of victims to obtain legal services for

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proceedings under subsection (a). [The Secretary of Education

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in consultation with the General Counsel may designate a portion

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of the funds provided for the advocate to]

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(ii)  To challenge a consent decree under subsection (b) or

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to bring an action under sections 1310-A(c)(5) and 1312-A(a).

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(2)  The designation of attorneys to receive funds under this

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subsection shall be within the discretion of the Office of

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General Counsel after consultation with the safe schools

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advocate.

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(3)  Designated funds which are not expended under this

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subsection shall lapse to the General Fund.

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(d)  Legal proceedings under this section shall be conducted

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by an attorney designated by the Office of General Counsel in

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consultation with the safe schools advocate. The attorney must

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be a member of the bar in good standing.

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[(e)  The appropriation for the Office of School Victim

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Advocate in section 202 of the act of May 24, 2000 (P.L.1086,

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No.21A), known as the "General Appropriation Act of 2000," shall

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be used to implement this section and sections 1310-A and 1312-

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A.]

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(f)  As used in this section, "low-income parent or guardian"

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shall mean a parent whose family income is no greater than two

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hundred fifty per centum (250%) of the Federal poverty level.

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Section 3.  Section 1312-A of the act, added November 22,

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2000 (P.L.672, No.91), is amended to read:

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Section 1312-A.  Enforcement.--(a)  If the school district of

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the first class fails to comply with requirements to provide

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information to the safe schools advocate under section 1310-A,

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the advocate shall provide documentation of the failure to the

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[Department of Education] Pennsylvania Commission on Crime and

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Delinquency. If the [department] commission determines that

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there is noncompliance, the department shall notify the advocate

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and the Office of General Counsel. The Office of General

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Counsel, in consultation with the safe schools advocate, shall

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designate an attorney to bring an action in a court of competent

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jurisdiction to enforce section 1310-A.

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(b)  Legal proceedings under subsection (a) shall be

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conducted by an attorney designated by the Office of General

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Counsel in consultation with the safe schools advocate. The

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attorney must be a member of the bar in good standing.

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Section 4.  This act shall take effect in 60 days.

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