Regular Session 2019-2020 House Bill 1935 P.N. 2693

PRINTER'S NO. 2693

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1935

Session of

2019

INTRODUCED BY BURNS, KINSEY, ROTHMAN, McCLINTON, HILL-EVANS,

READSHAW, CALTAGIRONE, HOWARD, OTTEN, DeLUCA, FRANKEL AND

ROEBUCK, OCTOBER 15, 2019

REFERRED TO COMMITTEE ON EDUCATION, OCTOBER 15, 2019

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, for reporting, for policy relating to

bullying and for maintenance of records; and, in Safe2Say

Program, further providing for intent, for definitions and

for Safe2Say Program and providing for reporting and

remediating bullying.

This act may be referred to as the Anti-bullying Bill of

Rights Act.

The General Assembly finds and declares as follows:

(1) Students in this Commonwealth have a right to learn

in a safe space, free from bullying at school, at school

activities or on the school bus and to communicate

electronically with classmates without harassment.

(2) Students and parents have a right to report acts of

bullying in a convenient and anonymous manner without the

fear of retaliation.

(3) Parents have a right to know if their child is a

victim of bullying, to receive regular updates about bullying

investigations involving their child, to participate in the

resolution of bullying and to expect school officials to take

meaningful action until the bullying behavior stops.

(4) School entities have a right to develop strong anti-

bullying policies, to use data to reduce and resolve bullying

incidents and to require students and parents to play an

active role in eliminating bullying within the school

entities.

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 definitions to read:

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

"Bullying" shall mean the following:

(1) An intentional electronic, written, verbal or physical

act, or a series of acts by a student directed at another

student or students that:

(i) Is reasonably perceived as being motivated by an actual

or perceived characteristic, such as:

(A) race, color, religion, ancestry, national origin,

gender, sexual orientation, gender identity and expression;

(B) a mental, physical or sensory disability; or

(ii) Satisfies the following conditions:

(A) Occurs in a school setting.

(B) Is severe, persistent or pervasive.

(I) substantially interferes with a student's education;

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(II) creates a threatening environment; or

(III) substantially disrupts the orderly operation of the

school.

(2) Retaliation against a student or school employe by

another student or school employe for asserting or alleging an

act of bullying.

* * *

"School setting" shall mean a school, on school grounds, in a

school vehicle, at a designated bus stop or at an activity

sponsored, supervised or sanctioned by a school.

* * *

Section 2. Section 1303-A(b) introductory paragraph, (4.1)

and (e) of the act are amended and the section is amended by

adding subsections to read:

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

(b) [Each] Except as provided under subsections (b.2) and

(b.3)(1) and (2), each chief school administrator shall report

to the office by July 31 of each year all new incidents

involving acts of violence, possession of a weapon or

possession, use or sale of controlled substances as defined in

the act of April 14, 1972 (P.L.233, No.64), known as "The

Controlled Substance, Drug, Device and Cosmetic Act," or

possession, use or sale of alcohol or tobacco by any person on

school property. The incidents to be reported to the office

shall include all incidents involving conduct that constitutes a

criminal offense listed under paragraphs (4.1) and (4.2).

Reports on a form to be developed and provided by the office

shall include:

* * *

(4.1) A list of criminal offenses which shall, at a minimum,

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include:

(i) The following offenses under 18 Pa.C.S. (relating to

crimes and offenses):

Section 908 (relating to prohibited offensive weapons).

Section 912 (relating to possession of weapon on school

property).

Chapter 25 (relating to criminal homicide).

Section 2702 (relating to aggravated assault).

Section 2709(a.1) (relating to harassment).

Section 2709.1 (relating to stalking).

Section 2901 (relating to kidnapping).

Section 2902 (relating to unlawful restraint).

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual assault).

Section 3123 (relating to involuntary deviate sexual

intercourse).

Section 3124.1 (relating to sexual assault).

Section 3124.2 (relating to institutional sexual assault).

Section 3125 (relating to aggravated indecent assault).

Section 3126 (relating to indecent assault).

Section 3301 (relating to arson and related offenses).

Section 3307 (relating to institutional vandalism) when the

penalty is a felony of the third degree.

Section 3502 (relating to burglary).

Section 3503(a) and (b)(1)(v) (relating to criminal

trespass).

Section 5501 (relating to riot).

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

(ii) The possession, use or sale of a controlled substance

or drug paraphernalia as defined in "The Controlled Substance,

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Drug, Device and Cosmetic Act."

(iii) Attempts, solicitation or conspiracy to commit any of

the offenses listed in subclauses (i) and (ii).

(iv) An offense for which registration is required under 42

Pa.C.S. § 9795.1 (relating to registration).

* * *

(b.2) All new incidents involving cyber harassment of a

child shall be reported to the office by the chief school

administrator within thirty (30) days of the initial claim and

shall be included in the online database as provided in

subsection (b.3)(2).

(b.3) (1) The designated anti-bullying specialist for each

school entity shall report to the office all new incidents

involving acts of bullying reported to school officials that

meet the definition of bullying under section 1301-A within

thirty (30) days of the initial claim. Reports, on a form to be

developed and provided by the office, shall include the

following information for both the victim of an incident

involving an act of bullying and the perpetrator of the act of

bullying:

(i) Age or grade of the student.

(ii) Name and address of the school.

(iii) Circumstances surrounding the incident, including, but

not limited to, the date, time and location of the incident,

other students who were involved and details of the incident.

(iv) Race of the student.

(v) Whether the student has an Individualized Education Plan

under the Individuals with Disabilities Education Act (Public

Law 91-230, 20 U.S.C. § 1400 et seq.), and if so, the type of

disability.

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(vi) Sanction imposed by the school.

(vii) Parental notification.

(viii) Remedial programs involved, including a written

bullying action plan.

(ix) Prior incidents of bullying or cyber harassment by the

student within the same academic year.

(2) Incidents reported to the office under this subsection

shall be recorded monthly with aggregate data per school entity

made available in an online bullying reports database on the

office's and school entity's publicly accessible Internet

websites.

(3) Incidents reported under this subsection and subsection

(b.2) shall be reported annually with the criminal offenses as

provided in subsection (b).

* * *

(e) (1) Notwithstanding any provision of law to the

contrary, the Department of Education may initiate disciplinary

action before the Professional Standards and Practices

Commission pursuant to the act of December 12, 1973 (P.L.397,

No.141), known as the "Professional Educator Discipline Act,"

against a chief school administrator, designated anti-bullying

specialist or principal of a school entity who intentionally

fails to submit the report as required under subsection (b)

[or], (b.2) or (b.3) or fails to enter into the memorandum of

understanding with the police department with jurisdiction over

the relevant school property, report an incident involving an

act of violence, possession of a weapon or an offense listed

under subsection (b)(4.1) that occurs on school property to a

police department or submit a copy of the memorandum of

understanding to the office as required under subsection (c) or

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who intentionally falsifies a report submitted as required under

this section.

(2) In addition to any other disciplinary actions set forth

in the "Professional Educator Discipline Act," a chief school

administrator, designated anti-bullying specialist or principal

of a school entity who intentionally fails to submit the report

as required under subsection (b) [or], (b.2) or (b.3) or fails

to enter into the memorandum of understanding with the police

department with jurisdiction over the relevant school property,

report an incident involving an act of violence, possession of a

weapon or an offense cited under subsection (b)(4.1) that occurs

on school property to a police department or submit a copy of

the memorandum of understanding to the office as required under

subsection (c) or who intentionally falsifies a report submitted

as required under this section shall be subject to prosecution

for violation of 18 Pa.C.S. § 4904 (relating to unsworn

falsification to authorities). The following civil penalties may

be imposed by the Professional Standards and Practices

Commission for violations of this article:

(i) for a first violation, $2,500;

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

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

Any penalty imposed under this paragraph shall be paid to the

Department of Education and used for the support of the office.

(f) For the purpose of this section, "cyber harassment"

shall mean activity that constitutes an offense under 18 Pa.C.S.

§ 2709(a.1).

Section 3. Sections 1303.1-A(a), (d) and (e) and 1307-A of

the act are amended to read:

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

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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). The policy shall [delineate]:

(1) Delineate disciplinary consequences for 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 serve as

the designated anti-bullying specialist and to receive reports

of incidents of alleged bullying.

(3) Explain the ways in which bullying can be reported by

students or parents and the phases of verification and

investigation that the school will follow.

(4) Outline the procedure that the appropriate staff member

will use to track verified acts of bullying and transmit reports

to the office.

* * *

(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).]

paragraph (1)(ii)(B) or (C) or (2) of the definition of

"bullying" in section 1301-A. 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

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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 1307-A. Maintenance of Records.--All school entities

and private schools within this Commonwealth shall maintain

updated records of all incidents of violence, incidents

involving possession of a weapon, incidents of bullying or cyber

harassment and convictions or adjudications of delinquency for

acts committed on school property by students enrolled therein

on both a district-wide and school-by-school basis. Records

maintained under this section shall be contained in a format

developed by the Pennsylvania State Police in cooperation with

the office within ninety (90) days of the effective date of this

section. A statistical summary of these records shall be made

accessible to the public for examination by the public during

regular business hours.

Section 4. Section 1301-D(3) of the act, added June 22, 2018

(P.L.327, No.44), is amended and the section is amended by

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adding a paragraph to read:

Section 1301-D. Intent.

The General Assembly finds and declares as follows:

* * *

(1.1) Incidents of bullying impact students' ability to

learn, socialize and thrive. The severity of bullying and

cyber harassment can provoke those affected to threaten to

take action against themselves or others.

* * *

(3) It is the intent of the General Assembly that the

Safe2Say Program be a one-stop shop for students, teachers

and community members to report behavior, including bullying

or cyber harassment, perceived to be threatening to an

individual or a school entity. Reports made through the

anonymous reporting system will be referred to local schools,

law enforcement and/or organizations.

* * *

Section 5. Section 1302-D of the act is amended by adding a

definition to read:

Section 1302-D. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Cyber harassment." An activity that constitutes an offense

under 18 Pa.C.S. § 2709(a.1) (relating to harassment).

* * *

Section 6. Section 1303-D(c)(1) of the act, added June 22,

2018 (P.L.327, No.44), is amended to read:

Section 1303-D. Safe2Say Program.

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* * *

program shall be responsible for the following:

(1) To ensure anonymous reporting concerning bullying or

unsafe, potentially harmful, dangerous, violent, intimidating

or criminal activities in a school entity or the threat of

the activities in a school entity.

* * *

Section 7. The act is amended by adding a section to read:

Section 1303.1-D. Reporting and remediating bullying.

(a) Information.--School entities shall gather and maintain

the following information on all reported incidents of bullying

or cyber harassment:

(1) The names of the students involved.

(2) The ages and grades of the students involved.

(3) The name of the school where the students are

enrolled.

(4) The address and description of the location of the

incident.

(5) Details of the incidents, including dates, times,

actions and the form of bullying or cyber harassment.

(6) Action taken to remediate or resolve the situation.

(7) Disciplinary action taken by the school.

(8) Either the name of the individual reporting the

incident or a placeholder designating an anonymous reporter.

(b) Duties.--On receipt of a report of bullying or cyber

harassment, the school shall:

(1) Promptly investigate the incident and develop a

bullying action plan identifying the actions to be taken to

remedy and prevent further incidents, provided an

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investigation and development of a bullying action plan have

not already occurred.

(2) Notify the parents or guardians of all students

involved in the incident and provide a copy of the written

bullying action plan.

(3) Provide a copy of the bullying action plan to the

office within 10 school days.

plan for an incident reported to the office within 30 days of

receipt of the plan to determine whether the parties involved

are in compliance with the terms of the plan.

(d) Disciplinary action.--Notwithstanding any provision of

law to the contrary, the office may initiate disciplinary action

before the Professional Standards and Practices Commission under

the act of December 12, 1973 (P.L.397, No.141), known as the

Educator Discipline Act, against a chief school administrator or

principal of a school entity who fails to institute or implement

a bullying action plan, or impedes the implementation of a plan

under subsection (b).

Section 8. This act shall take effect in 60 days.

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