THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WATERS, V. BROWN, JOSEPHS AND PASHINSKI, MAY 23, 2011

REFERRED TO COMMITTEE ON EDUCATION, MAY 23, 2011  

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," further providing for definitions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1901-C(1) and (5) of the act of March 10,

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

amended or added June 25, 1997 (P.L.297, No.30) and June 29,

2002 (P.L.524, No.88), are amended to read:

Section 1901-C.  Definitions.--For purposes of this article,

the following terms shall have the following meanings:

(1)  "Alternative education program" or "program."  Any

applicant's program applying for funds under this article, which

program is implemented by a school district, an area vocational-

technical school, a group of school districts or an intermediate

unit, which removes disruptive students from regular school

programs in order to provide those students with a sound

educational course of study and counseling designed to modify

disruptive behavior and return the students to a regular school

curriculum. Notwithstanding section 1502, alternative education

programs may operate outside the normal school day of the

applicant district, including Saturdays. School districts and

private alternative education institutions operating pursuant to

the provisions of Article XIX-E shall adopt a policy for

periodic review of those students placed in their respective

alternative education program for disruptive students. This

review shall occur, at a minimum, at the end of every semester

the student is in the program or more frequently at the

district's or private alternative education institution's

discretion. The purpose of this review is to determine whether

or not the student is ready to return to the regular school

curriculum. Programs may include services for students returning

from placements or who are on probation resulting from being

adjudicated delinquent in a proceeding under 42 Pa.C.S. Ch. 63

(relating to juvenile matters) or who have been judged to have

committed a crime under an adult criminal proceeding so long as

the students currently meet the definition of a disruptive

student.

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(5)  "Disruptive student."  A student who poses a clear

threat to the safety and welfare of other students or the school

staff, who creates an unsafe school environment or whose

behavior materially interferes with the learning of other

students or disrupts the overall educational process. The

disruptive student exhibits to a marked degree any or all of the

following conditions:

(i)  [Disregard] Persistent disregard for school authority,

including persistent violation of school policy and rules.

(ii)  Display or use of controlled substances on school

property or during school-affiliated activities.

(iii)  Violent or threatening behavior on school property or

during school-affiliated activities.

(iv)  Possession of a weapon on school property, as defined

under 18 Pa.C.S. § 912 (relating to possession of weapon on

school property).

(v)  Commission of a criminal act on school property or

during school-affiliated activities.

(vi)  [Misconduct] Persistent misconduct that would merit

suspension or misconduct that would merit expulsion under school

policy.

[(vii)  Habitual truancy.]

No student who is eligible for special education services

pursuant to the Individuals with Disabilities Education Act

(Public Law 91-230, 20 U.S.C. § 1400 et seq.) shall be deemed a

disruptive student for the purposes of this act, except as

provided for in 22 Pa. Code § 14.35 (relating to discipline).

* * *

Section 2.  This act shall take effect in 60 days.