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PRINTER'S NO. 2712
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1922
Session of
2017
INTRODUCED BY D. MILLER, KINSEY, DEAN, McNEILL, RABB, FRANKEL,
DAVIS, SCHWEYER, ORTITAY, READSHAW, SCHLOSSBERG, HILL-EVANS,
DERMODY, DEASY, ROZZI, MURT, MULLERY, BOBACK, ROEBUCK,
PASHINSKI, DeLUCA, THOMAS AND D. COSTA, NOVEMBER 15, 2017
REFERRED TO COMMITTEE ON EDUCATION, NOVEMBER 15, 2017
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," in safe schools, further providing
for definitions and for policy relating to bullying.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1301-A and 1303.1-A of the act of March
10, 1949 (P.L.30, No.14), known as the Public School Code of
1949, are amended to read:
Section 1301-A. Definitions.--As used in this article,
"Bullying" shall mean an intentional electronic, written,
verbal or physical act, or a series of acts which:
(1) is d irected at another student or students;
(2) occurs in a school setting;
(3) is severe, persistent or pervasive; and
(4) has the effect of doing any of the following:
(i) substantially interfering with a student's education;
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(ii) creating a threatening environment; or
(iii) s ubstantially disrupting the orderly operation of the
school.
"Chief school administrator" shall mean the superintendent of
a public school district, superintendent of an area vocational-
technical school, executive director of an intermediate unit or
chief executive officer of a charter school.
"Dating violence" shall mean "dating violence" as defined in
section 1553(f).
"Office" shall mean the Office for Safe Schools within the
Department of Education.
"School entity" shall mean any public school district,
intermediate unit, area vocational-technical school or charter
school.
["School-based diversion programs" shall mean programs that,
in partnership with other stakeholders, divert youth out of the
juvenile justice system. These programs include, but are not
limited to, youth aid panels in which a panel of community
members decide an appropriate resolution to hold the student
accountable for the student's actions by, among other options,
requiring the student to complete educational activities,
community service, restitution and any other related program or
service.]
"School property" shall mean any public school grounds, any
school-sponsored activity or any conveyance providing
transportation to a school entity or school-sponsored activity.
"School setting" shall mean in the school, on school grounds,
in school vehicles, at a designated bus stop or at an activity
sponsored, supervised or sanctioned by the school.
"School-based diversion programs" shall mean programs that,
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in partnership with other stakeholders, divert youth out of the
juvenile justice system. These programs include, but are not
limited to, youth aid panels in which a panel of community
members decide an appropriate resolution to hold the student
accountable for the student's actions by, among other options,
requiring the student to complete educational activities,
community service, restitution and any other related program or
service.
"School-wide positive behavior support" means a school-wide,
evidence-based and data-driven approach to improving school
behavior that seeks to reduce unnecessary student disciplinary
actions and promote a climate of greater productivity, safety
and learning.
"Student with a disability" shall mean a student who meets
the definition of "child with a disability" under the
Individuals with Disabilities Education Act (Public Law 91-230,
20 U.S.C. § 1400 et seq.) or who meets the definition of a
"handicapped person" under section 504 of the Rehabilitation Act
of 1973 (Public Law 93-112, 29 U.S.C. § 794) and its
implementing regulations (34 C.F.R. § 104.3(j)). The term
includes a student for whom an evaluation is pending under
either the Individuals with Disabilities Education Act or
Rehabilitation Act.
"Weapon" shall include, but not be limited to, any knife,
cutting instrument, cutting tool, nunchaku, firearm, shotgun,
rifle and any other tool, instrument or implement capable of
inflicting serious bodily injury.
Section 1303.1-A. Policy Relating to Violence, Harassment
and Bullying.--(a) No later than January 1, [2009,] 2019, each
school entity shall adopt a policy or amend its existing policy
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relating to violence, harassment and 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).
The policy shall [delineate]:
(1) Delineate disciplinary consequences for violence,
harassment or bullying and may provide for [prevention,
intervention and] education programs, provided that no school
entity 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]
(2) Identify the appropriate school staff person to receive
reports of incidents of alleged violence, harassment or
bullying.
(3) Enable students to anonymously report an act of
violence, harassment or bullying to school employees.
(4) Require school administrators to investigate each report
of violence, harassment or bullying to ensure a prompt, fair and
equitable response to each report.
(5) Require school administrators to review each anonymous
report of violence, harassment or bullying, except that
disciplinary action may not be taken solely on the basis of an
anonymous report.
(6) Include a prevention and intervention strategy to deal
with bullying, violence and harassment, including sexual
harassment, rape, sexual assault, dating violence, stalking and
hazing.
(7) Establish a procedure for each school entity to document
and maintain records relating to reports and investigations of
violence, harassment or bullying in the school entity and to
report the number of alleged acts of violence, harassment or
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bullying annually to the Department of Education in the manner
prescribed by the Secretary of Education.
(b) Each school entity shall make the policy available on
its publicly accessible Internet website, if available, and in
every classroom. Each school entity shall post the policy at a
prominent location within each school building where such
notices are usually posted. Each school entity shall ensure that
the policy and procedures for reporting [bullying] incidents of
violence, harassment or bullying are reviewed with students
within ninety (90) days after their adoption and thereafter at
least once each school year.
(c) Each school entity shall review its policy every three
(3) years and annually provide the office with a copy of its
policy relating to violence, harassment and bullying, including
the number of reported acts of violence, harassment or bullying
and information related to the development and implementation of
any bullying prevention, intervention and education programs.
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 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
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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.]
(f) To the extent that money is appropriated for the
purpose, the Department of Education shall:
(1) Document each school entity's written request for
technical assistance and training relating to safe learning,
bullying, harassment and violence prevention.
(2) Collect information on the prevention and intervention
strategies used by school entities to reduce the incidence of
bullying, harassment or violence, improve school climate and
improve reporting outcomes.
(3) Develop or recommend a model policy for kindergarten
through twelfth grade.
(4) Submit to the General Assembly a report on the status of
its efforts under this section on or before July 1, 2018, and
biennially thereafter, including, but not limited to, the number
of reported acts of bullying, harassment or violence in the
Commonwealth and any recommendations that it may have regarding
additional activities or funding to prevent bullying, harassment
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or violence in schools and to improve school climate.
(g) Each school entity shall provide professional
development for its employees on the following:
(1) Health and mental health risk reduction education which
includes, but is not limited to, prevention of substance abuse,
pregnancy, sexually transmitted diseases, violence, sexual
assault, dating violence, domestic violence, stalking, child
abuse and youth suicide.
(2) School violence prevention, conflict resolution, the
prevention of and response to youth suicide and the
identification and prevention of and response to bullying,
harassment and violence.
(h) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Domestic violence" shall mean the wilful intimidation,
physical assault, battery, sexual assault or other abusive
behavior as part of a systematic pattern of power and control
perpetrated by one intimate partner against another, including,
but not limited to, physical violence, sexual violence,
psychological violence and emotional abuse.
"Harassment" shall mean "harassment" as defined in 18 Pa.C.S.
§ 2709 (relating to harassment).
"Hazing" shall mean "hazing" as defined in section 2 of the
act of December 15, 1986 (P.L.1595, No.175), known as the
Antihazing Law.
"Prevention and intervention strategy" shall include, but is
not limited to, any of the following:
(1) The implementation of a process regarding positive
behavioral interventions and supports or another evidence-based
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model approach for safe school climate or for the prevention of
bullying as identified by the Department of Education.
(2) School rules prohibiting bullying, harassment and
intimidation and establishing appropriate consequences for those
who engage in that conduct.
(3) The inclusion of age-appropriate bullying, harassment
and violence education and prevention curricula for kindergarten
through twelfth grade.
(4) School-wide training relating to safe school climate.
(5) Student peer training, education and support.
"Rape" shall mean "rape" as defined in 18 Pa.C.S. § 3121
(relating to rape).
"School climate" shall mean the quality and character of
school life with a particular focus on the quality of the
relationships within the school community between and among
students and adults.
"Sexual assault" shall mean any of the following:
(1) "Statutory sexual assault" as defined in 18 Pa.C.S. §
3122.1 (relating to statutory sexual assault).
(2) "Involuntary deviate sexual intercourse" as defined in
18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
intercourse).
(3) "Sexual assault" as defined in 18 Pa.C.S. § 3124.1
(relating to sexual assault).
(4) "Institutional sexual assault" as defined in 18 Pa.C.S.
§ 3124.2 (relating to institutional sexual assault).
(5) "Aggravated indecent assault" as defined in 18 Pa.C.S. §
3125 (relating to aggravated indecent assault).
(6) "Indecent assault" as defined in 18 Pa.C.S. § 3126
(relating to indecent assault).
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(7) "Indecent exposure" as defined in 18 Pa.C.S. § 3127
(relating to indecent exposure).
"Sexual harassment" shall mean any of the following:
(1) Unwelcome conduct of a sexual nature, including, but not
limited to, unwelcome sexual advances, requests for sexual
favors or other verbal, nonverbal or physical conduct of a
sexual nature.
(2) Verbal or nonverbal conduct, including, but not limited
to, name-calling or a graphic or written statement that is
physically threatening, harmful or humiliating.
"Stalking" shall mean "stalking" as defined in 18 Pa.C.S. §
2709.1 (relating to stalking).
Section 2. This act shall take effect in 60 days.
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