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," in safe schools, further providing
6for reporting and for policy relating to bullying; and
7providing for Department of Education requirements and
8responsibilities.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 1303-A of the act of March 10, 1949
12(P.L.30, No.14), known as the Public School Code of 1949, is
13amended by adding a subsection to read:

14Section 1303-A. Reporting.--* * *

15(f) Notwithstanding any other provision of this section, the
16State Board of Education shall convene and consult with a
17Statewide advisory committee to determine whether the mandatory
18reporting deadlines in this section shall be revised and to
19promulgate final-omitted regulations pursuant to the act of June
2025, 1982 (P.L.633, No.181), known as the "Regulatory Review

1Act," necessary to implement any modifications in mandatory
2reporting deadlines deemed necessary by the State Board of
3Education. The Statewide advisory committee shall include:

4(1) A police chief.

5(2) A juvenile public defender.

6(3) A school superintendent.

7(4) A school principal.

8(5) A district attorney.

9(6) A school district solicitor.

10(7) An in-school probation officer.

11(8) One designee each from:

12(i) The Department of Education.

13(ii) The Pennsylvania Commission on Crime and Delinquency.

14(iii) The Municipal Police Officers' Education and Training
15Commission.

16(iv) The Juvenile Court Judges' Commission.

17(v) The Pennsylvania State Police.

18Section 2. Section 1303.1-A of the act, added July 9, 2008
19(P.L.846, No.61), is amended to read:

20Section 1303.1-A. Policy Relating to Bullying.--(a) No
21later than January 1, [2009] 2014, each school entity shall
22[adopt a] adopt the model policy developed by the Department of 
23Education pursuant to section 1303.2-A(a)(1), adopt its own
24policy or amend its existing policy [relating to] prohibiting
25bullying and incorporate the policy into the school entity's
26code of student conduct required under 22 Pa. Code § 12.3(c)
27(relating to school rules). The policy shall delineate
28disciplinary consequences for bullying [and may provide for
29prevention, intervention and education programs, provided that
30no school entity shall be required to establish a new policy

1under this section if one currently exists and reasonably
2fulfills the requirements of this section. The policy shall
3identify the appropriate school staff person to receive reports
4of incidents of alleged bullying.], retaliation, threats and 
5intentionally false reports and shall identify by job title the 
6appropriate school employe to receive reports of alleged 
7incidents of bullying and the school employe responsible for 
8ensuring that the policy is implemented. The policy shall be 
9implemented in a manner that is integrated with the school 
10entity's discipline policies and other violence prevention 
11efforts. Any discipline imposed under the policy must be 
12consistent with the school entity's authority under section 510 
13and other relevant Federal and State law. The policy shall 
14contain, at a minimum, the following components:

15(1) A statement prohibiting bullying in a school setting.
16The prohibition includes use of electronic communication,
17whether or not originating on school premises, if the electronic
18communication:

19(i) is a substantial cause of a student's physical harm or
20objectively reasonable emotional distress while on school
21premises;

22(ii) causes a substantial disruption of school activities on
23school premises; or

24(iii) puts a student in reasonable fear of returning to
25school.

26(2) A statement prohibiting retaliation, threats and
27intentionally false reports against a student who reports,
28witnesses or possesses information about an alleged incident of
29bullying.

30(3) A statement that the school entity shall post the policy

1on its publicly accessible Internet website, if available, in
2every classroom and at a prominent location within each school
3building where such notices are usually posted.

4(4) A statement that the school entity shall ensure the
5policy and procedures for reporting alleged incidents of
6bullying are reviewed with students within ninety (90) days
7after their adoption and thereafter at least once per school
8year.

9(5) A statement that the school entity shall review its
10policy every three (3) years and annually provide the office
11with a copy of its policy prohibiting bullying, including
12information related to the development and implementation of any
13bullying prevention and intervention programs. The information
14required under this subsection shall be attached to or made part
15of the annual report required under section 1303-A(b).

16(6) A statement that the school entity shall report to the
17office and to the police department as follows:

18(i) All alleged incidents of bullying shall be reported to
19the office in the report required under section 1303-A(b).

20(ii) All alleged incidents of bullying that may constitute
21criminal behavior shall be reported to the police department
22with jurisdiction over the relevant school property under the
23procedures set forth in section 1303-A(b.1) and 22 Pa. Code
24Chapter 10 (relating to safe schools).

25(7) A procedure for providing immediate notification to the
26parent or guardian of a target or perpetrator of an alleged
27incident of bullying. However, notification to the parent or
28guardian of a perpetrator of an alleged incident of bullying
29that may constitute criminal behavior shall occur only after
30consultation with the investigating law enforcement authorities,

1to assist in ensuring the safety of the target of the alleged
2incident and to permit law enforcement authorities the
3opportunity to conduct an investigation. Before any student
4accused of bullying is interviewed by the principal or designee,
5the accused student's parent or guardian shall be notified of
6the allegations and shall have the opportunity to attend any
7interviews conducted with the student as part of the
8investigation.

9(8) A procedure for reporting an alleged incident of
10bullying, including a provision that permits a person to report
11the incident anonymously. No formal disciplinary action shall be
12taken solely on the basis of an anonymous report.

13(9) A procedure for prompt investigation of reports of
14alleged incidents of bullying, identifying either the principal
15or the principal's designee as the person responsible for the
16investigation.

17(10) Consequences and appropriate remedial action for a
18student who commits an incident of bullying, retaliation,
19threats or intentionally false reports against another student.

20(11) A strategy for providing counseling or referral to
21appropriate services, including guidance, academic intervention
22and protection, to students who are either targets or
23perpetrators of bullying.

24(12) Provisions for the formation of bullying prevention
25task forces, programs and other initiatives involving school
26employes, students, administrators, volunteers, parents, law
27enforcement, community members and other stakeholders, if and to
28the extent deemed appropriate by the school entity.

29(13) Annual training for administrators, school employes and
30volunteers who have significant contact with students in the

1following: identifying bullying as defined in this section; the
2circumstances in which electronic communication constitutes
3bullying; and preventing, receiving reports of, reporting,
4investigating and responding to incidents of bullying, including
5necessary parent notification and the interplay between existing
6criminal laws and the school entity's bullying policy. Annual
7training for administrators and school employes shall be
8incorporated into a school entity's professional education plan
9required under section 1205.1.

10(14) An annual educational program for students and parents
11concerning the following: the school entity's policy; the
12dangers of bullying; how to identify acts that constitute
13bullying under the school entity's policy; how to report an
14alleged incident of bullying; the disciplinary policy applicable
15to bullying, retaliation, threats and intentional false reports;
16the criminal liability associated with certain forms of
17bullying; and the liability associated with related forms of
18criminal behavior, including taking or sending certain types of
19photographs. The educational program shall be approved by the
20Department of Education or the governing body of the school
21entity.

22(15) A procedure by which students and parents may make
23anonymous suggestions to the school entity regarding the
24creation of a more positive school climate.

25[(b) Each school entity shall make the policy available on
26its publicly accessible Internet website, if available, and in
27every classroom. Each school entity shall post the policy at a
28prominent location within each school building where such
29notices are usually posted. Each school entity shall ensure that
30the policy and procedures for reporting bullying incidents are

1reviewed with students within ninety (90) days after their
2adoption and thereafter at least once each school year.

3(c) Each school entity shall review its policy every three
4(3) years and annually provide the office with a copy of its
5policy relating to bullying, including information related to
6the development and implementation of any bullying prevention,
7intervention and education programs. The information required
8under this subsection shall be attached to or made part of the
9annual report required under section 1303-A(b).]

10(d) In its policy relating to bullying adopted or
11[maintained] amended under subsection (a), a school entity shall
12not be prohibited from defining bullying in such a way as to
13encompass acts that occur outside a school setting if those acts
14[meet the requirements] otherwise satisfy the definition of 
15"bullying" contained in subsection [(e)(1), (3) and (4)] (e). If
16a school entity reports [acts] incidents of bullying to the
17office in accordance with section 1303-A(b), it shall report all
18incidents that qualify as bullying under the entity's adopted
19definition of that term.

20(d.1) A school employe, school volunteer, student, parent or
21guardian who reports in good faith an incident of alleged
22bullying to the appropriate school official designated in the
23school entity's policy established under this section and who
24makes this report in compliance with the procedures set forth in
25the policy is immune from a cause of action for damages arising
26out of the reporting itself or any failure to remedy the
27reported incident.

28(d.2) Nothing in this section shall be construed:

29(1) to prevent a target of bullying from seeking redress
30under any other available civil or criminal law; or

1(2) to infringe upon the right of a school employe or
2student to engage in speech or expression protected by the
3Constitution of the United States or the Constitution of
4Pennsylvania. It shall be presumed that all verbal expression,
5whether oral, written or electronic, relating to religious,
6philosophical or political topics or viewpoints is protected by
7the First Amendment to the Constitution of the United States and
8shall not be classified as bullying under this section or under
9a policy established by a school entity under this section
10unless specific facts demonstrate otherwise.

11(e) For purposes of this article[,]:

12"bullying" shall mean an intentional electronic, written,
13verbal or physical act, or a series of acts by one or more 
14students:

15(1) directed at another student or students;

16(2) which occurs in a school setting;

17(3) that is severe, persistent or pervasive; and

18(4) that has the effect of doing any of the following:

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

20(ii) creating [a] an objectively threatening environment; or

21(iii) substantially disrupting the orderly operation of the
22school; [and]

23"electronic communication" shall mean any communication
24through an electronic device including, but not limited to, a
25telephone, cellular telephone, computer or telephone pager,
26which communication includes, but is not limited to, e-mail,
27instant messaging, text messaging, blogs, online games and
28Internet websites; and

29"school setting" shall mean in the school, on school grounds,
30in school buses, in school vehicles, at a designated bus stop or

1at any activity or event sponsored, supervised or sanctioned by
2the school.

3Section 3. The act is amended by adding a section to read:

4Section 1303.2-A. Department of Education Requirements and
5Responsibilities.--(a) The Department of Education shall have
6the following duties to enforce compliance with section 1303.1-
7A:

8(1) Develop a model policy that is consistent with section
91303.1-A.

10(2) Develop training materials on the components that shall
11be included in the model policy developed by the Department of
12Education pursuant to paragraph (1) or in any school entity
13policy developed under section 1303.1-A.

14(3) Periodically review school entity programs, activities
15and services to determine whether school entities are complying
16with section 1303.1-A.

17(4) Establish and maintain a central repository for the
18collection and analysis of information regarding bullying.

19(b) Distribution of safe schools funds to a school entity,
20to the extent funds are appropriated by the General Assembly for
21this purpose, shall be contingent upon the following:

22(1) The office's approval of each school entity's policy
23established under section 1303.1-A. The office shall approve a
24school entity's policy if the policy complies with section
251303.1-A.

26(2) The school entity's compliance with all reporting
27procedures contained in sections 1303-A and 1303.1-A and 22 Pa.
28Code Ch. 10 (relating to safe schools).

29Section 4. This act shall take effect in 60 days.