1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," providing for the definition of
6"nonpublic school"; and further providing for policy relating
7to bullying.

8The General Assembly of the Commonwealth of Pennsylvania hereby
9enacts as follows:

10Section 1.  Section 1301-A of the act of March 10, 1949
11(P.L.30, No.14), known as the Public School Code of 1949, is
12amended by adding a definition to read:

13Section 1301-A.  Definitions.--As used in this article,

14* * *

15"Nonpublic school" shall mean any school, other than a public
16school within the Commonwealth of Pennsylvania, wherein a
17resident of this Commonwealth may legally fulfill the compulsory
18school attendance requirements of this act.

19* * *

1Section 2.  Section 1303.1-A of the act, added July 9, 2008 
2(P.L.846, No.61), is amended to read:

3Section 1303.1-A.  Policy Relating to Bullying.--(a)  No
4later than January 1, 2009, each school entity shall adopt a
5policy or amend its existing policy relating to bullying and
6incorporate the policy into the school entity's code of student
7conduct required under 22 Pa. Code § 12.3(c) (relating to school
8rules). No later than January 1, 2014, each nonpublic school 
9shall adopt a policy or amend its existing policy relating to 
10bullying and make this policy available to students and the 
11public pursuant to subsection (b). The policy shall delineate
12disciplinary consequences for bullying and may provide for
13prevention, intervention and education programs, provided that
14no school entity or nonpublic school shall be required to
15establish a new policy under this section if one currently
16exists and reasonably fulfills the requirements of this section.
17The policy shall identify the appropriate school staff person to
18receive reports of incidents of alleged bullying.

19(b)  Each school entity and nonpublic school shall make the
20policy available on its publicly accessible Internet website, if
21available, and in every classroom. Each school entity and 
22nonpublic school shall post the policy at a prominent location
23within each school building where such notices are usually
24posted. Each school entity and nonpublic school shall ensure
25that the policy and procedures for reporting bullying incidents
26are reviewed with students within ninety (90) days after their
27adoption and thereafter at least once each school year.

28(c)  Each school entity and nonpublic school shall review its
29policy every three (3) years and annually provide the office
30with a copy of its policy relating to bullying, including

1information related to the development and implementation of any
2bullying prevention, intervention and education programs. [The] 
3For school entities, the information required under this
4subsection shall be attached to or made part of the annual
5report required under section 1303-A(b).

6(d)  In its policy relating to bullying adopted or maintained
7under subsection (a), a school entity or nonpublic school shall
8not be prohibited from defining bullying in such a way as to
9encompass acts that occur outside a school setting if those acts
10meet the requirements contained in subsection (e)(1), (3) and
11(4). If a school entity reports acts of bullying to the office
12in accordance with section 1303-A(b), it shall report all
13incidents that qualify as bullying under the entity's adopted
14definition of that term.

15(e)  For purposes of this article, "bullying" shall mean an
16intentional electronic, written, verbal or physical act, or a
17series of acts:

18(1)  directed at another student or students;

19(2)  which occurs in a school setting;

20(3)  that is severe, persistent or pervasive; and

21(4)  that has the effect of doing any of the following:

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

23(ii)  creating a threatening environment; or

24(iii)  substantially disrupting the orderly operation of the
25school; and

26"school setting" shall mean in the school, on school grounds,
27in school vehicles, at a designated bus stop or at any activity
28sponsored, supervised or sanctioned by the school.

29Section 3.  This act shall take effect in 60 days.