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 definitions, for Office for Safe Schools, for reporting
7and for maintenance of records.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts 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 definitions to read:

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

14* * *

15"Drug" shall mean controlled substance as defined under the 
16act of April 14, 1972 (P.L.233, No.64), known as "The Controlled 
17Substance, Drug, Device and Cosmetic Act."

18"Drug paraphernalia" shall mean drug paraphernalia as defined 
19under the act of April 14, 1972 (P.L.233, No.64), known as "The 
20Controlled Substance, Drug, Device and Cosmetic Act."

1* * *

2"Substance abuse prevention" shall include the provisions set 
3forth in section 1547.

4* * *

5Section 2.  Section 1302-A of the act, amended November 17,
62010 (P.L.996, No.104), is amended to read:

7Section 1302-A.  Office for Safe Schools.--(a)  There is
8hereby established in the Department of Education an Office for
9Safe Schools.

10(b)  The office shall have the power and duty to implement 
11the following:

12(1)  To coordinate antiviolence efforts between school,
13professional, parental, governmental, law enforcement and
14community organizations and associations.

15(2)  To collect, develop and disseminate information,
16policies, strategies and other information to assist in the
17development of programs to [impact] deter and address school
18violence and substance abuse.

19(2.1)  To direct all school entities to submit annual school
20violence statistics and reports to the office no later than July
2131 of each year.

22(3)  To provide direct training to school employes, parents,
23law enforcement officials and communities on effective measures
24to prevent and combat school violence and substance abuse.

25(4)  To advise school entities and nonpublic schools on the
26development of policies to be used regarding substance abuse or
27possession of weapons, drugs or drug paraphernalia by any
28person, acts of violence and protocols for coordination with and
29reporting to law enforcement officials and the Department of
30Education.

1(4.1)  To verify the existence of corrective action plans to
2reduce incidents of violence as required in the No Child Left
3Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425).

4(5)  To develop forms to be used by school entities and 
5police departments for reporting incidents involving acts of
6violence [and] or substance abuse or possession of weapons, 
7drugs or drug paraphernalia on school property. The forms shall
8be reviewed on a biennial basis and revised when necessary.

9(6)  To verify that each school entity has a biennially
10updated and reexecuted memorandum of understanding with local
11law enforcement and has filed such memorandum with the office on
12a biennial basis.

13(7)  To publish and post on the Department of Education's
14Internet website a School Safety Annual Report no later than
15November 1 of each calendar year outlining all incidents
16required to be reported under section 1303-A and any school
17district that failed to submit a report under section 1303-A.

18(b.1)  The office shall process and tabulate the data on an
19annual basis to assist school administrators and law enforcement
20officials in their duties under this article.

21(c)  In addition to the powers and duties set forth under 
22subsection (b), the office is authorized to make targeted grants 
23to school entities to fund programs which address school 
24violence and substance abuse prevention, including:

25(1)  Conflict resolution or dispute management, including
26restorative justice strategies.

27(1.1)  School-wide positive behavior support that includes
28primary or universal, secondary and tertiary supports and
29interventions in school entities.

30(1.2)  School-based diversion programs.

1(2)  Peer helpers programs.

2(3)  Risk assessment, safety-related, violence prevention
3curricula, including, but not limited to, dating violence
4curricula and restorative justice strategies.

5(4)  Classroom management.

6(5)  Student codes of conduct.

7(6)  Training to undertake a districtwide assessment of risk
8factors that increase the likelihood of problem behaviors among
9students.

10(7)  Development and implementation of research-based
11violence prevention programs that address risk factors to reduce
12incidents of problem behaviors among students including, but not
13limited to, bullying.

14(8)  Comprehensive, districtwide school safety and violence
15prevention plans.

16(9)  Security planning, purchase of security-related
17technology which may include metal detectors, protective
18lighting, surveillance equipment, special emergency
19communications equipment, electronic locksets, deadbolts and
20theft control devices and training in the use of security-
21related technology. Security planning and purchase of security-
22related technology shall be based on safety needs identified by
23the school entity's board of directors.

24(10)  Institution of student, staff and visitor
25identification systems, including criminal background check
26software.

27(11)  Establishment or enhancement of school security
28personnel, including school resource officers.

29(12)  Provision of specialized staff and student training
30programs, including training for Student Assistance Program team

1members in elementary, middle and high schools in the referral
2of students at risk of violent behavior to appropriate
3community-based services, including mental health services.

4(13)  Alternative education programs provided for in Article
5XIX-C.

6(14)  Counseling services for students enrolled in
7alternative education programs.

8(15)  An Internet web-based system for the management of
9student discipline, including misconduct and criminal offenses.

10(16)  Staff training programs in the use of positive behavior
11supports, de-escalation techniques and appropriate responses to
12student behavior that may require immediate intervention.

13(d)  (1)  Targeted grants shall be allocated through a
14competitive grant review process established by the office.
15School entities must satisfy the requirements of this section
16and section 1303-A to be eligible for grants. The application
17for a targeted grant shall include:

18(i)  the purpose for which the targeted grant shall be
19utilized;

20(ii)  information indicating need for the targeted grant,
21including, but not limited to, school violence statistics;

22(iii)  an estimated budget;

23(iv)  methods for measuring outcomes; and

24(v)  any other criteria as the office may require.

25(2)  The office shall:

26(i)  Give priority in grant funding to a school entity
27designated as a persistently dangerous school as defined in 22 
28Pa. Code § 403.2 (relating to definitions).

29(ii)  Give priority in grant funding to school entities with
30the greatest need to establish safety and order.

1(iii)  To the greatest extent possible, ensure that grant
2funding is geographically dispersed to school entities
3throughout this Commonwealth.

4(3)  The office shall provide all targeted grant agreements
5to the Department of Education's comptroller for review and
6approval prior to awarding the grant. The school entity shall
7provide the office with full and complete access to all records
8relating to the performance of the grant, and shall submit, at
9such time and in such form as may be prescribed, truthful and
10accurate information that the office may require. The office
11shall conduct a thorough annual evaluation of each program for
12which a grant under this section is made. The office shall seek
13repayment of funds if it determines that funds were not utilized
14for the original stated purpose.

15Section 3.  Section 1303-A of the act, amended November 17,
162010 (P.L.996, No.104) and June 30, 2011 (P.L.112, No.24), is
17amended to read:

18Section 1303-A.  Reporting.--(a)  The office shall conduct a
19one-time survey of all school entities to determine the number
20of incidents involving acts of violence and substance abuse on
21school property and all cases involving possession of a weapon, 
22drugs and drug paraphernalia by any person on school property
23which occurred within the last five (5) years. The survey shall
24be based on the best available information provided by school
25entities.

26(b)  Each chief school administrator shall report to the 
27office by July 31 of each year all new incidents involving acts 
28of violence or substance abuse, possession of a weapon or 
29possession, use or sale of controlled substances as defined in 
30the act of April 14, 1972 (P.L.233, No.64), known as "The 

1Controlled Substance, Drug, Device and Cosmetic Act," or 
2possession, use or sale of alcohol or tobacco by any person on 
3school property. The incidents to be reported to the office 
4shall include all incidents involving conduct that constitutes a 
5criminal offense listed under paragraphs (4.1) and (4.2). 
6Reports on a form to be developed and provided by the office 
7shall include:

8(1)  Age or grade of student.

9(2)  Name and address of school.

10(3)  Circumstances surrounding the incident, including, but
11not limited to, type of weapon, controlled substance, alcohol or
12tobacco, the date, time and location of the incident, if a
13person other than a student is involved in the incident and any
14relationship to the school entity.

15(3.1)  Race of student.

16(3.2)  Whether the student has an Individualized Education
17Plan under the Individuals with Disabilities Education Act
18(Public Law 91-230, 20 U.S.C. § 1400 et seq.), and if so the
19type of disability.

20(4)  Sanction imposed by the school.

21(4.1)  A list of criminal offenses which shall, at a minimum,
22include:

23(i)  The following offenses under 18 Pa.C.S. (relating to 
24crimes and offenses):

25Section 908 (relating to prohibited offensive weapons).

26Section 912 (relating to possession of weapon on school
27property).

28Chapter 25 (relating to criminal homicide).

29Section 2702 (relating to aggravated assault).

30Section 2709.1 (relating to stalking).

1Section 2901 (relating to kidnapping).

2Section 2902 (relating to unlawful restraint).

3Section 3121 (relating to rape).

4Section 3122.1 (relating to statutory sexual assault).

5Section 3123 (relating to involuntary deviate sexual
6intercourse).

7Section 3124.1 (relating to sexual assault).

8Section 3124.2 (relating to institutional sexual assault).

9Section 3125 (relating to aggravated indecent assault).

10Section 3126 (relating to indecent assault).

11Section 3301 (relating to arson and related offenses).

12Section 3307 (relating to institutional vandalism), when the
13penalty is a felony of the third degree.

14Section 3502 (relating to burglary).

15Section 3503(a) and (b)(1)(v) (relating to criminal
16trespass).

17Section 5501 (relating to riot).

18Section 6110.1 (relating to possession of firearm by minor).

19(ii)  The possession, use or sale of a controlled substance
20or drug paraphernalia as defined in "The Controlled Substance,
21Drug, Device and Cosmetic Act."

22(iii)  Attempts, solicitation or conspiracy to commit any of
23the offenses listed in subclauses (i) and (ii).

24(iv)  An offense for which registration is required under 42 
25Pa.C.S. § 9795.1 (relating to registration).

26(4.2)  The following offenses under 18 Pa.C.S., and any
27attempt, solicitation or conspiracy to commit any of these
28offenses:

29Section 2701 (relating to simple assault).

30Section 2705 (relating to recklessly endangering another

1person).

2Section 2706 (relating to terroristic threats).

3Section 2709 (relating to harassment).

4Section 3127 (relating to indecent exposure).

5Section 3307 (relating to institutional vandalism), when the
6penalty is a misdemeanor of the second degree.

7Section 3503(b)(1)(i), (ii), (iii) and (iv), (b.1) and (b.2)
8(relating to criminal trespass).

9Chapter 39 (relating to theft and related offenses).

10Section 5502 (relating to failure of disorderly persons to
11disperse upon official order).

12Section 5503 (relating to disorderly conduct).

13Section 6305 (relating to sale of tobacco).

14Section 6306.1 (relating to use of tobacco in schools
15prohibited).

16Section 6308 (relating to purchase, consumption, possession
17or transportation of liquor or malt or brewed beverages).

18(5)  Notification of law enforcement.

19(6)  Remedial programs involved.

20(7)  Parental involvement required.

21(8)  Arrests, convictions and adjudications, if known.

22(b.1)  Prior to submitting the report required under 
23subsection (b), each chief school administrator and each police 
24department having jurisdiction over school property of the 
25school entity shall do all of the following:

26(1)  No later than thirty (30) days prior to the deadline for 
27submitting the report to the office required under subsection 
28(b), the chief school administrator shall submit the report to 
29the police department with jurisdiction over the relevant school 
30property. The police department shall review the report and 

1compare the data regarding criminal offenses and notification of 
2law enforcement to determine whether the report accurately 
3reflects police incident data.

4(2)  No later than fifteen (15) days prior to the deadline 
5for the chief school administrator to submit the report required 
6under subsection (b), the police department shall notify the 
7chief school administrator, in writing, whether the report 
8accurately reflects police incident data. Where the police 
9department determines that the report accurately reflects police 
10incident data, the chief of police shall sign the report. Where 
11the police department determines that the report does not 
12accurately reflect police incident data, the police department 
13shall indicate any discrepancies between the report and police 
14incident data.

15(3)  Prior to submitting the report required under subsection 
16(b), the chief school administrator and the police department 
17shall attempt to resolve discrepancies between the report and 
18police incident data. Where a discrepancy remains unresolved, 
19the police department shall notify the chief school 
20administrator and the office in writing.

21(4)  Where a police department fails to take action as 
22required under clause (2) or (3), the chief school administrator 
23shall submit the report required under subsection (b) and 
24indicate that the police department failed to take action as 
25required under clause (2) or (3).

26(c)  Each chief school administrator shall form an advisory
27committee composed of relevant school staff, including, but not
28limited to, principals, security personnel, school resource
29officers, guidance counselors and special education
30administrators, to assist in the development of a memorandum of

1understanding pursuant to this section. In consultation with the
2advisory committee, each chief school administrator shall enter 
3into a memorandum of understanding with police departments 
4having jurisdiction over school property of the school entity. 
5Each chief school administrator shall submit a copy of the 
6memorandum of understanding to the office by June 30, 2011, and 
7biennially update and re-execute a memorandum of understanding 
8with local law enforcement and file such memorandum with the 
9office on a biennial basis. The memorandum of understanding 
10shall be signed by the chief school administrator, the chief of 
11police of the police department with jurisdiction over the 
12relevant school property and principals of each school building 
13of the school entity. The memorandum of understanding shall 
14comply with the regulations promulgated by the State Board of 
15Education under section 1302.1-A and shall also include:

16(1)  The procedure for police department review of the annual
17report required under subsection (b) prior to the chief school
18administrator filing the report required under subsection (b)
19with the office.

20(2)  A procedure for the resolution of school violence and 
21substance abuse data discrepancies in the report prior to filing 
22the report required under subsection (b) with the office.

23(3)  Additional matters pertaining to crime prevention agreed
24to between the chief school administrator and the police
25department.

26(d)  Pursuant to section 615 of the Individuals with
27Disabilities Education Act (Public Law 91-230, 20 U.S.C. §
281415(k)(6)), nothing in section 1302.1-A or this section shall
29be construed to prohibit a school entity from reporting a crime
30committed by a child with a disability to appropriate

1authorities or to prevent State law enforcement and judicial
2authorities from exercising their responsibilities with regard
3to the application of Federal and State law to crimes committed
4by a child with a disability.

5(e)  (1)  Notwithstanding any provision of law to the 
6contrary, the Department of Education may initiate disciplinary 
7action before the Professional Standards and Practices 
8Commission pursuant to the act of December 12, 1973 (P.L.397, 
9No.141), known as the "Professional Educator Discipline Act," 
10against a chief school administrator or principal of a school 
11entity who intentionally fails to submit the report as required 
12under subsection (b) or enter into the memorandum of 
13understanding with the police department with jurisdiction over 
14the relevant school property, report an incident involving an 
15act of violence, substance abuse, possession of a weapon or an 
16offense listed under subsection (b)(4.1) that occurs on school 
17property to a police department or submit a copy of the 
18memorandum of understanding to the office as required under 
19subsection (c) or who intentionally falsifies a report submitted 
20as required under this section.

21(2)  In addition to any other disciplinary actions set forth 
22in the "Professional Educator Discipline Act," a chief school 
23administrator or principal of a school entity who intentionally 
24fails to submit the report as required under subsection (b) or 
25enter into the memorandum of understanding with the police 
26department with jurisdiction over the relevant school property, 
27report an incident involving an act of violence, substance 
28abuse, possession of a weapon or an offense cited under 
29subsection (b)(4.1) that occurs on school property to a police 
30department or submit a copy of the memorandum of understanding 

1to the office as required under subsection (c) or who 
2intentionally falsifies a report submitted as required under 
3this section shall be subject to prosecution for violation of 18 
4Pa.C.S. § 4904 (relating to unsworn falsification to 
5authorities). The following civil penalties may be imposed by 
6the Professional Standards and Practices Commission for 
7violations of this article:

8(i)  for a first violation, $2,500;

9(ii)  for a second violation, $3,500; or

10(iii)  for a third or subsequent violation, $5,000.

11Any penalty imposed under this paragraph shall be paid to the
12Department of Education and used for the support of the office.

13Section 4.  Section 1307-A of the act, added June 30, 1995 
14(P.L.220, No.26), is amended to read:

15Section 1307-A.  Maintenance of Records.--All school entities
16and private schools within this Commonwealth shall maintain
17updated records of all incidents of violence or substance abuse,
18incidents involving possession of a weapon, drugs or drug 
19paraphernalia and convictions or adjudications of delinquency
20for acts committed on school property by students enrolled
21therein on both a district-wide and school-by-school basis.
22Records maintained under this section shall be contained in a
23format developed by the Pennsylvania State Police in cooperation
24with the office within ninety (90) days of the effective date of
25this section. A statistical summary of these records shall be
26made accessible to the public for examination by the public
27during regular business hours.

28Section 5.  This act shall take effect in 60 days.