Regular Session 2019-2020 Senate Bill 0530 P.N. 1940

PRIOR PRINTER'S NOS. 565, 1331

PRINTER'S NO. 1940

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

530

Session of

2019

INTRODUCED BY MARTIN, K. WARD, SCHWANK, MUTH, TARTAGLIONE,

KILLION, SANTARSIERO, BROWNE AND ARNOLD, APRIL 5, 2019

AS AMENDED ON THIRD CONSIDERATION, SEPTEMBER 8, 2020

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 pupils and attendance, providing

for students convicted or adjudicated delinquent of sexual

assault; and, in safe schools, further providing for safe

schools advocate in school districts of the first class; AND,

IN EDUCATIONAL TAX CREDITS, FURTHER PROVIDING FOR SCHOOL

PARTICIPATION IN PROGRAM.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding a

section to read:

Section 1318.1. Students Convicted or Adjudicated Delinquent

of Sexual Assault.--(a) (1) Notwithstanding section 510

SECTIONS 510 AND 2134 , if a student enrolled in a public school

entity is convicted or adjudicated delinquent of committing a

sexual assault upon another student enrolled in the same public

school entity, the public school entity shall, pursuant to

applicable laws and regulations, take one of the following

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actions:

(i) Expel the convicted or adjudicated student.

(ii) Transfer the convicted or adjudicated student to an

alternative education program.

(iii) Reassign the convicted or adjudicated student to

another school or educational program within the public school

entity.

(2) A public school entity shall ensure that the convicted

or adjudicated student is not educated in the same school

building, transported on the same school vehicle or allowed to

participate in the same school-sponsored activities AT THE SAME

TIME as the victim.

(3) Paragraph (1) shall not require the public school entity

to take action if: A PUBLIC SCHOOL ENTITY MAY NOT TAKE ACTION

UNDER PARAGRAPH (1) IF:

(i) The public school entity has already expelled,

transferred or reassigned the convicted or adjudicated

delinquent student for the same sexual assault.

(ii) The convicted or adjudicated student does not attend

the same school as the victim.

(b) The public school entity shall MAY not be prohibited

from taking action under this section for convictions or

adjudications for sexual assaults that occur outside a school

setting if the assault was :

(1) WAS against another student enrolled in the same public

school entity; and

(2) has the effect of:

(i) substantially interfering with the victim's education;

(ii) creating a threatening or hostile educational

environment; or

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(iii) substantially disrupting the orderly operation of the

school.

section may return to the student's originally assigned school

only if:

(1) the victim ceases to be enrolled in the public school

entity from which the convicted or adjudicated delinquent

student was expelled, transferred or reassigned; or

(2) the conviction or delinquency adjudication on which the

expulsion, transfer or reassignment was based is reversed and no

appeal is pending.

(d) Nothing in this section shall be construed as limiting

the authority or duty of a public school entity to make an

alternative assignment or provide alternative educational

services during OR AFTER the period of expulsion.

(e) A student convicted of sexual assault UPON ANOTHER

STUDENT ENROLLED IN THE SAME PUBLIC SCHOOL ENTITY shall notify

the PUBLIC school entity of the conviction no later than 72

hours after the conviction.

(f) A public school entity receiving a student who transfers

from a public or nonpublic school during a OR AFTER THE period

of expulsion for an act or offense involving a sexual assault

conviction or adjudication of delinquency may assign that

student to an alternative assignment or provide alternative

education services , provided that the assignment may not exceed

the period of expulsion .

(g) Prior to admission to a public school entity, the

parent, guardian or other person having control or charge of a

student shall, upon registration, provide a sworn statement or

affirmation stating whether the pupil STUDENT was previously or

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is presently expelled under the provisions of this section. The

registration shall include the name of the school from which the

student was expelled with the dates of expulsion and shall be

maintained as part of the student's disciplinary record. Any

wilful false statement made under this subsection shall be

subject to 18 Pa.C.S. § 4904 (relating to unsworn falsification

to authorities).

(h) Each public school entity shall develop or update its

written policies to ensure compliance with this section.

(i) A public school entity shall, in the case of students

with disabilities, take all steps necessary to comply with the

Individuals with Disabilities Education Act (Public Law 91-230,

20 U.S.C. § 1400 et seq.).

(j) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection:

"CONVICTED" MEANS A FINDING OF GUILTY BY A JUDGE OR A JURY OR

THE ENTRY OF A PLEA OF GUILTY OR NOLO CONTENDERE FOR SEXUAL

ASSAULT WHETHER OR NOT JUDGMENT OF SENTENCE HAS BEEN IMPOSED.

"Public school entity" means a school district, independent

school, area career and technical school, intermediate unit,

charter school, regional charter school or cyber charter school.

"School setting" means 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.

"School-sponsored activities" means any assemblies, field

trips, class trips, graduation ceremonies, athletics,

extracurricular activities, clubs, groups, teams or any

activities sponsored, held or approved by the public school

entity.

"Sexual assault" shall include any of the offenses specified

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under the following provisions of 18 Pa.C.S. (relating to crimes

and offenses):

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 3125 (relating to aggravated indecent assault ).

Section 3126 (relating to indecent assault ).

Section 2. Section 1310-A(b)(2) of the act is amended to

read:

SECTION 2. SECTIONS 1310-A(B)(2) AND 2011-B(D)(1)(I) OF THE

ACT ARE AMENDED TO READ:

Section 1310-A. Safe Schools Advocate in School Districts of

the First Class.--* * *

(b) The safe schools advocate shall have the power and its

duties shall be:

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(2) To monitor the school district's compliance with the

mandatory expulsion requirements of [section] sections 1317.2

and 1318.1.

* * *

SECTION 2011-B. SCHOOL PARTICIPATION IN PROGRAM.

* * *

(D) PARTICIPATING PUBLIC SCHOOL CRITERIA.--THE FOLLOWING

CRITERIA APPLY TO A PARTICIPATING PUBLIC SCHOOL:

(1) EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, A

SCHOOL DISTRICT SHALL ENROLL STUDENTS IN A PARTICIPATING

PUBLIC SCHOOL ON A LOTTERY BASIS FROM A POOL OF RECIPIENTS

WHO MEET THE APPLICATION DEADLINE SET BY THE DEPARTMENT OF

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EDUCATION UNTIL THE PARTICIPATING PUBLIC SCHOOL FILLS THE

SCHOOL'S AVAILABLE SEATS. THE POOL MAY NOT INCLUDE A

RECIPIENT WHO:

(I) HAS BEEN EXPELLED OR IS IN THE PROCESS OF BEING

EXPELLED UNDER SECTION 1317.2 [OR], 1318 OR 1318.1 AND

APPLICABLE REGULATIONS OF THE STATE BOARD OF EDUCATION.

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Section 3. This act shall take effect in 60 days.

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