Regular Session 2019-2020 House Bill 1936 P.N. 2694

PRINTER'S NO. 2694

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1936

Session of

2019

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

CALTAGIRONE, HOWARD, 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 and for policy relating to bullying and

providing for parental responsibility in bullying.

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;

(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 1303.1-A(a), (b), (d) and (e) of the act

are amended to read:

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

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

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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 bullying.

(3) Discuss the role of parents and guardians in preventing

bullying and bullying remediation and the penalties under this

section.

(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 are

reviewed with students within ninety (90) days after their

adoption and thereafter at least once each school year. Each

school entity shall provide a copy of the policy annually to all

parents and guardians, including the parental responsibility and

potential penalties established under section 1303.2-A.

* * *

(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

entity's adopted definition of that term.

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

Section 1303.2-A. Parental Responsibility in Bullying.--(a)

(1) Upon receipt of a report or claim of bullying or cyber

harassment, the school principal or a designee shall conduct an

investigation within five (5) school days. If the principal or a

designee determines that bullying or cyber harassment has

occurred, the principal or a designee shall:

(i) Notify the parents or guardians of the student who

committed the bullying or cyber harassment and the parents or

guardians of the student against whom such acts were directed.

(ii) Outline the actions taken by the school entity to

remedy the situation.

(2) Nothing in this subsection shall be construed as

prohibiting a school principal or designee from reporting an

incident to the appropriate law enforcement agency.

(b) (1) Upon a second verified act of bullying or cyber

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harassment by a student against any other student, committed

within the same academic year, the parents or guardians of all

students involved shall be notified and invited by advanced

written notice to attend a bullying resolution conference with

the applicable school personnel. The students shall attend the

conference.

(2) The conference shall occur even if the parents or

guardians decline to participate or fail to attend.

(3) The outcome of the conference shall be documented in a

written bullying action plan and shall detail the actions that

will be taken by the student, the parents or guardians and

school personnel. The office shall develop a form to be used for

the written plan and each school shall use a form substantially

similar to the form developed by the office.

(4) The parents or guardians of the student who committed

the bullying or cyber harassment shall attend at least one

instructional course, offered by the school entity, to educate

parents on the definitions of bullying and cyber harassment,

prevention strategies, ways to talk to children about bullying

and evidence-based methods for resolving its underlying causes.

(5) The instructional course under paragraph (4) shall be

offered at no cost to parents or guardians except in the

following circumstances:

(i) the parents or guardians fail to attend the bullying

resolution conference under paragraph (1); or

(ii) the parents or guardians fail to attend the

instructional course on bullying or cyber harassment under

paragraph (4).

(6) If parents or guardians fail to attend the bullying

resolution conference under paragraph (1), the instructional

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course under paragraph (4), or both, the school entity shall

charge the parents or guardians a fee equal to the share of the

cost of the bullying resolution conference, the instructional

course, or both.

(7) The student who committed the bullying or cyber

harassment shall participate in an age-appropriate antibullying

class or workshop designed to educate the student on the impacts

of bullying and cyber harassment, address the root causes of

bullying and cyber harassment and provide constructive conflict

resolution strategies and coping mechanisms.

(8) Upon a third or subsequent verified act of bullying or

cyber harassment by a student, against any other student,

committed within the same academic year, the school entity shall

notify the parents or guardians of all students involved and

shall file a citation with the appropriate magisterial district

judge against the parents or guardians who reside in the same

household as the child or who were named in the bullying action

plan.

(9) Nothing in this subsection shall be construed to require

a student, parent or guardian to attend a conference conducted

under this subsection.

(b)(8) shall be based on the location of the school in which the

child is enrolled. The magisterial district judge shall provide

written notice of the citation hearing to the school, the

parents or guardians and the student.

(2) At the citation hearing, the school has the burden to

prove beyond a reasonable doubt that the student repeatedly

engaged in bullying or cyber harassment.

(3) It shall be an affirmative defense to a citation filed

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under this section against a parent or guardian that the parent

or guardian took every reasonable step to carry out the bullying

action plan and to stop the bullying or harassing behavior. An

affirmative defense must be proven by a preponderance of the

evidence.

(4) Before entering a decision, the magisterial district

judge shall permit the school, parent or guardian, or the

student to present relevant information that will assist the

magisterial district judge in making an informed decision

regarding the appropriate sentence.

(5) The magisterial district judge shall determine whether

the evidence has established that a parent or guardian has met

their obligation under the school's bullying policy and any

written bullying action plan.

(d) A parent or guardian found in violation of this section

may be sentenced to:

(1) Community service benefiting the school at which the

child is enrolled.

(2) Pay a fine to the school entity in an amount not

exceeding $500 together with court costs, except that, in the

case of a second and subsequent offense, the fine may not exceed

$750 together with court costs. The fine shall be used by the

school district for the purpose of developing and conducting an

instructional course on bullying and cyber harassment under

subsection (b)(4).

(3) Upon failure of a parent or guardian to satisfy a

penalty imposed under this subsection, the parent or guardian

may be found in contempt of court and, upon conviction, may be

sentenced to up to three (3) days in the county correctional

facility. The court shall make the determination based on the

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specific finding that the parents or guardians had a reasonable

ability to comply with the penalty imposed and that

noncompliance was wilful.

(e) For the purposes of this section, the following words

and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Cyber harassment" shall mean activity that constitutes an

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

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

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