THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY D. COSTA, BISHOP, K. BOYLE, BRADFORD, V. BROWN, CALTAGIRONE, DALEY, DAVIS, DEASY, DeLUCA, FABRIZIO, JOSEPHS, KORTZ, MAHONEY, MATZIE, McGEEHAN, MOUL, M. O'BRIEN, QUINN, READSHAW, STABACK, STURLA, VULAKOVICH AND YOUNGBLOOD, FEBRUARY 13, 2012

REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 13, 2012  

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 the definition of

"nonpublic school"; and further providing for policy relating

to bullying.

The General Assembly of the Commonwealth of Pennsylvania hereby

enacts as follows:

Section 1.  Section 1301-A of the act of March 10, 1949

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

amended by adding a definition to read:

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

* * *

"Nonpublic school" shall mean any school, other than a public

school within the Commonwealth of Pennsylvania, wherein a

resident of this Commonwealth may legally fulfill the compulsory

school attendance requirements of this act.

Section 2.  Section 1303.1-A of the act, added July 9, 2008

(P.L.846, No.61), is amended to read:

Section 1303.1-A.  Policy Relating to Bullying.--(a)  No

later than January 1, 2009, each school entity shall adopt a

policy or amend its existing policy relating to bullying and

incorporate the policy into the school entity's code of student

conduct required under 22 Pa. Code § 12.3(c) (relating to school

rules). No later than January 1, 2013, each nonpublic school

shall adopt a policy or amend its existing policy relating to

bullying and make this policy available to students and the

public pursuant to subsection (b). The policy shall delineate

disciplinary consequences for bullying and may provide for

prevention, intervention and education programs, provided that

no school entity or nonpublic school shall be required to

establish a new policy under this section if one currently

exists and reasonably fulfills the requirements of this section.

The policy shall identify the appropriate school staff person to

receive reports of incidents of alleged bullying.

(b)  Each school entity and nonpublic school shall make the

policy available on its publicly accessible Internet website, if

available, and in every classroom. Each school entity and

nonpublic school shall post the policy at a prominent location

within each school building where such notices are usually

posted. Each school entity and nonpublic school shall ensure

that the policy and procedures for reporting bullying incidents

are reviewed with students within ninety (90) days after their

adoption and thereafter at least once each school year.

(c)  Each school entity and nonpublic school shall review its

policy every three (3) years and annually provide the office

with a copy of its policy relating to bullying, including

information related to the development and implementation of any

bullying prevention, intervention and education programs. [The]

For school entities, the information required under this

subsection shall be attached to or made part of the annual

report required under section 1303-A(b).

(d)  In its policy relating to bullying adopted or maintained

under subsection (a), a school entity or nonpublic school shall

not be prohibited from defining bullying in such a way as to

encompass acts that occur outside a school setting if those acts

meet the requirements contained in subsection (e)(1), (3) and

(4). If a school entity reports acts of bullying to the office

in accordance with section 1303-A(b), it shall report all

incidents that qualify as bullying under the entity's adopted

definition of that term.

(e)  For purposes of this article, "bullying" shall mean an

intentional electronic, written, verbal or physical act, or a

series of acts:

(1)  directed at another student or students;

(2)  which occurs in a school setting;

(3)  that is severe, persistent or pervasive; and

(4)  that has the effect of doing any of the following:

(i)  substantially interfering with a student's education;

(ii)  creating a threatening environment; or

(iii)  substantially disrupting the orderly operation of the

school; and

"school setting" shall mean in the school, on school grounds,

in school vehicles, at a designated bus stop or at any activity

sponsored, supervised or sanctioned by the school.

Section 3.  This act shall take effect in 60 days.