Regular Session 2021-2022 House Bill 1782 P.N. 2022

PRINTER'S NO. 2022

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1782

Session of

2021

INTRODUCED BY KINSEY, BULLOCK, D. WILLIAMS, SCHLOSSBERG,

HOHENSTEIN, SANCHEZ, KIRKLAND, HILL-EVANS, N. NELSON,

INNAMORATO, A. DAVIS AND PARKER, AUGUST 12, 2021

REFERRED TO COMMITTEE ON EDUCATION, AUGUST 12, 2021

AN ACT

Establishing the Safe Schools Partnership; imposing powers and

conferring duties on the Attorney General and the Secretary

of Education; providing for a bullying identification,

prevention and intervention model plan; and imposing duties

on schools and school districts.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Safe Schools

Partnership Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

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

context clearly indicates otherwise.

"Agency." A unit of State or local government that receives

Commonwealth money to provide services, activities or privileges

to children or a public or private program or organization

concerned with child welfare.

"Blog." An Internet website that contains an individual's

personal reflections, comments or beliefs and often hyperlinks,

videos, photographs and other similar content provided by the

individual creator or another person.

"Bullying." Notwithstanding any other provision of law, any

persistent or pervasive behavior, including through the use of

verbal, written or electronic communications or a combination of

verbal, written or electronic communications, or a physical act

where the behavior or act:

(1) May be based on a student's actual or perceived

differentiating characteristic or on a student's association

with another student or group of students with one or more of

the actual or perceived differentiating characteristics.

(2) Is intended to have the effect of or the behavior or

act would be reasonably likely to have the effect of:

(i) Causing harm, fear or distress to a student,

including physical, psychological, economic or social

harm, or harm to the student's reputation or property.

(ii) Interfering with a student's academic

performance or school attendance or otherwise creating a

hostile school environment for the student.

(iii) Interfering with the student's ability to

participate in or benefit from the services, activities

or privileges provided by an agency.

(iv) Materially and substantially disrupting the

education process or orderly operation of a school.

(3) Constitutes cyberbullying, cyber harassment under 18

Pa.C.S. § 2709(a.1) (relating to harassment) or stalking

under 18 Pa.C.S. § 2709.1 (relating to stalking).

"Burn page." An Internet website created for the purpose of

transmitting a message, text message, sound or photograph,

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image, video or other visual recording.

"Children with exceptionalities." As defined in section 1371

of the Public School Code of 1949.

"Credible impersonation." To knowingly impersonate, with or

without the consent of an individual impersonated, an individual

for the purpose of bullying or retaliation to the extent that an

individual would reasonably believe that the individual is the

individual so impersonated.

"Cyberbullying." As follows:

(1) Bullying through the use of a digital device or

other technology, including the sending, posting or sharing

of negative, harmful or false content about a student or

other individual.

(2) The term includes any of the following:

(i) The creation of a burn page, webpage or blog in

which the student or school employee creates a credible

impersonation or assumes the identity of another

individual.

(ii) The creation of a false profile.

(iii) The knowing impersonation of a student or

another individual as the author of posted content or

messages, if the creation or impersonation creates any of

the conditions enumerated in the definition of

"bullying."

(iv) The distribution of a communication by or

through an electronic act to one or more students or

other individuals or the posting of material on a burn

page, webpage or blog or on social media which may be

accessed by one or more students or other individuals,

provided that the distribution or posting creates any of

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the conditions enumerated in the definition of

"bullying."

"Cyber sexual bullying." As follows:

(1) The dissemination of, or the solicitation or

incitement to disseminate, a photograph, image, video or

other visual recording by a student or school employee to

another student or to a school employee by means of an

electronic act that is reasonably predicted to have the

effect of bullying or retaliation.

(2) The term does not include a depiction or portrayal

of a photograph, image, video or other visual recording that

has serious literary, artistic, educational, political or

scientific value or that involves athletic events or school-

sanctioned activities.

"Department." The Department of Education of the

Commonwealth.

"Designated school employee." One or more school employees

identified in a bullying identification, prevention and

intervention plan to receive reports of acts of bullying or

retaliation from students, parents or guardians of students,

school employees or other individuals.

"Differentiating characteristics." The actual or perceived

characteristics of a student or other individual, including:

(1) Race.

(2) Color.

(3) Religion.

(4) Ancestry or national origin.

(5) Socioeconomic status.

(6) Homelessness.

(7) Academic status.

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(8) Gender identity or expression or sexual orientation.

(9) Physical appearance.

(10) Pregnancy or parenting status.

(11) Mental, physical, developmental or sensory

disability.

(12) The association with an individual or group of

individuals who have or are perceived to have one or more

differentiating characteristics.

"Digital device." As follows:

(1) A mobile telephone, computer, laptop or tablet or

other device used for personal communications, which may be

used to facilitate an electronic act.

(2) The term includes a landline telephone.

"Electronic act." As follows:

(1) For the purpose of bullying or retaliation, a

communication transmitted to a student or a group of

students, whether initiated or originated on or off school

property, through the use of a digital device, including the

following means:

(i) A message, text message, photograph, sound,

video or image.

(ii) A post to social media or a website, including:

(A) Posting to or creating a burn page, webpage

or blog.

(B) Creating a credible impersonation of another

student for the purpose of bullying or retaliation.

bullying or retaliation.

(D) Creating, posting to or using a mobile

application for the purpose of bullying or

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retaliation.

(2) Cyber sexual bullying.

(3) Notwithstanding paragraphs (1) and (2), the term

does not constitute pervasive conduct solely on the basis

that the act has been transmitted on the Internet or is

currently posted on the Internet.

"False profile." A fictitious representation of an actual or

fake student's differentiating characteristics, including

personal attributes, characteristics, achievements or qualities.

"Hostile environment." A school environment permeated with

intimidation, ridicule or insult which is caused by an act of

bullying or retaliation and which is sufficiently severe or

pervasive as to alter the conditions of a student's education.

"Internet." An interconnected electronic communications

network that allows individuals worldwide to communicate and

share information.

"Mobile application." A type of application software,

commonly referred to as an app, designed to operate on a digital

device, such as a smart phone, tablet or other portable

telecommunications device.

"Partnership." The Safe School Partnership established in

section 3.

"Peer group approach." School-based intervention programs

established for or by students to teach skills and strategies

developed and designed to change, eliminate or reduce early

signs of problematic behavior in students and help students

connect with positive peer relationships.

"Perpetrator." A student or school employee who engages in

bullying or retaliation.

"Photograph, image, video or other visual recording." The

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depiction of a nude, seminude or sexually explicit photograph,

image, video or other visual recording of a student or other

individual where the student or other individual is identifiable

from the photograph, image, video or other visual recording.

"Plan." A bullying identification, prevention and

intervention plan established under section 4.

"Public School Code of 1949." The act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949.

"Retaliation." An adverse act or action taken against a

student or school employee for any of the following:

(1) Reporting an act of bullying or retaliation.

(2) Supporting a student, a parent or guardian of a

student, school employee or any other individual associated

with a report of bullying or retaliation.

(3) Acting as a witness or otherwise providing

information during an investigation of bullying or

retaliation.

"School." A school entity as defined in section 111.1(n) of

the Public School Code of 1949.

"School district." As defined in section 102 of the Public

School Code of 1949.

"School employee." Includes all professional employees,

substitutes, temporary professional employees, administrative

staff, nonprofessional employees, contractors and other persons

employed by or performing a contract for a school.

"School grounds." As follows:

(1) Property on which a school building or facility is

located or property that is owned, leased or used by a school

district for a school-sponsored activity, function, program,

instruction or training.

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(2) The term includes a building, facility or property

owned, leased or used by a school.

"School property." As follows:

(1) As defined in section 1301-A of the Public School

Code of 1949.

(2) The term includes electronic files and databases of

a school.

"Secretary." The Secretary of Education of the Commonwealth.

"Student." As the term "child of school age" is defined in

section 1401 of the Public School Code of 1949.

"Victim." A student against whom bullying or retaliation has

been perpetrated.

"Webpage." A hyperlink document on the Internet that can

incorporate text, graphics, sounds and related files and that is

identified by a unique uniform resource locator.

Section 3. Safe School Partnership.

(a) Establishment.--The Safe Schools Partnership is

established within the Office of Attorney General. The

partnership shall be comprised of the following:

(1) The Attorney General, who shall serve as chairperson

of the partnership, or a designee.

(2) The secretary or a designee.

(3) A representative of the State Board of Education or

a designee.

(4) The Commissioner of Pennsylvania State Police or a

designee.

(b) Additional members.--The Attorney General shall

collaborate with the secretary to ensure that the partnership

includes:

(1) A representative of the Pennsylvania Chiefs of

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Police Association.

(2) A representative of the Pennsylvania District

Attorneys Association.

(3) One individual who is representative of and

appointed by:

(i) The Pennsylvania Parent Teacher Association.

(ii) The Pennsylvania Association of School

Psychologists.

(iii) The Pennsylvania Association of School

Administrators.

(iv) The Pennsylvania School Boards Association.

(v) The Pennsylvania School Counselors Association.

(vi) The Pennsylvania Principals Association.

(vii) The Pennsylvania State Education Association.

(viii) The American Federation of Teachers -

Pennsylvania.

(4) Six students who represent the racial, ethnic,

gender and geographic diversity of this Commonwealth.

(5) Six parents or guardians of students who represent

the racial, ethnic, gender and geographic diversity of this

Commonwealth.

(1) The Secretary of Health, the Secretary of Human

Services, the Director of Homeland Security and the Director

of the Pennsylvania Emergency Management Agency shall serve

as ex officio members of the partnership. Each secretary or

director under this section may appoint a designee to

represent the respective department, office or agency on the

partnership.

(2) All individuals appointed to serve as designees

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under this section shall be employees of the department,

office or agency making the designation.

(d) Student and parent or guardian members of partnership.--

The Attorney General, in consultation with the secretary, shall

develop procedures for appointing students and parents or

guardians of students to the partnership and any criteria

necessary for a student, parent or guardian to serve on the

partnership. The students and parents and guardians of students

appointed to the partnership under this section shall reflect

the racial, ethnic, gender and geographic diversity of this

Commonwealth.

(e) Duties of partnership.--The duties of the partnership

shall include the following:

(1) Developing a model bullying identification,

prevention and intervention plan to assist schools in

establishing and implementing a school's individual plan. The

following apply:

(i) The model plan shall be consistent with and

address the criteria under section 4.

(ii) Nothing in this paragraph shall preclude a

school from addressing school-specific matters or issues

in the school's plan.

(2) Collaborating with schools, community-based

organizations and public and private sector agencies

concerned with child welfare to develop policies or programs

designed to keep students safe, reduce crime and the fear of

crime and improve behavior in and around a school, cluster of

schools and in the community, and with psychologists and

psychiatrists to develop evidence-based suicide intervention

and prevention programs specifically designed for children.

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(3) Studying and issuing reports on bullying, drug and

alcohol abuse, weapons, violence, including gang violence,

and other criminal behaviors that may be present in schools

or on school grounds.

(4) Studying and determining the adequacy of or the need

for zero-tolerance policies in schools and assisting schools

with the development of school-specific zero-tolerance

policies or, after study, making recommendations for

eliminating the policies.

(5) Assisting schools in understanding and dealing with

students' social, cultural and linguistic differences in

school and the community.

(6) Sponsoring regional conferences or workshops for

schools, agencies concerned with child welfare, community-

based organizations and law enforcement agencies to:

(i) Review schools' emergency protocols, including

protocols governing fire, shelter-in-place, school

lockdowns and natural disasters or manmade disasters.

(ii) Study and identify best practices and evidence-

based programs and techniques that may be used to reduce

or prevent bullying and retaliation, school-related

crime, gang influence, gang violence, alcohol and

substance abuse and child suicide.

(7) Compiling lists of bullying prevention and

intervention resources, evidence-based curricula, best

practices and academic-based research, including resources,

curricula, best practices and evidence-based research

concerned with suicide intervention and prevention programs

for students, which shall be made available to schools. The

resources may include:

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(i) Print, audio, video or digital media.

(ii) Subscription-based online services.

(iii) On-site or technology-enabled professional

development and training sessions.

(8) Biennially updating the plan and the information and

resources required under paragraph (7) and posting the plan

and the information and resources on the department's and

partnership's publicly accessible Internet websites.

Section 4. Bullying identification, prevention and intervention

plan.

(a) Development of plan.--Each school shall develop, adhere

to and update a plan based on the model plan developed under

section 3(e) to address bullying identification, prevention and

intervention. The following apply:

(1) The plan shall apply to students and school

employees as determined by the partnership and may be

developed in consultation with schools, school districts,

students and parents and guardians of students, community-

based organizations, agencies concerned with the welfare of

children and law enforcement.

(2) The consultation shall include notice and a public

comment period.

(3) A nonpublic or private school shall only be required

to give notice to and provide a comment period for families

that have a child attending the nonpublic or private school.

(4) The plan shall afford all students in a school

district the same protection regardless of their status under

law.

(5) The plan shall be updated at least biennially.

(b) Content of plan.--Each plan shall include the following:

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(1) Statements prohibiting bullying and retaliation in

the school in substantially the following form:

"Bullying is prohibited as follows:

(1) On school grounds, property immediately adjacent to

school grounds, at a school-sponsored or school-related

activity, function or program, whether on or off school

grounds, at a school bus stop, on a school bus or other

vehicle owned, leased or used by a school or the school

district and through the use of technology or an electronic

device owned, leased, operated or used by a school.

(2) At a location, activity, function or program that is

not school-related, or through the use of a digital device or

other technology that is not owned, leased, operated or used

by a school, if the bullying or retaliation creates a hostile

environment at a school for the victim, school employee or

other student or individual, infringes on the rights of the

victim, school employee or other student or individual at a

school or materially and substantially creates a hostile

school environment.

Retaliation is prohibited as follows:

Retaliation or any attempt to retaliate against a

student, school employee or other individual who reports

bullying, provides information during an investigation of

bullying or witnesses or has reliable information about

bullying is prohibited."

(2) A clear and concise procedure for a student, a

parent or guardian of a student, a school employee or other

individual to report bullying or retaliation, including for

anonymous reporting of bullying or retaliation. No formal

response may be taken solely on the basis of an anonymous

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report.

(3) A procedure for prompt investigation of reports of

bullying or retaliation or of reports of violations of the

prohibition against bullying or retaliation, including the

name and contact information of the designated school

employee responsible for investigating reports.

(4) An appeal process for a victim or a perpetrator of

bullying or retaliation who is not satisfied with the outcome

of an initial investigation.

(5) Descriptions of bullying, including cyber sexual

bullying, harassment and stalking.

(6) Procedures for collecting, maintaining and reporting

bullying incident data in accordance with section 5(d).

(7) Clear guidelines governing the roles and

responsibilities of mental health professionals, community

intervention professionals, school counselors, school

resource officers and police officers on school grounds, if a

school district employs those resources. The guidelines may

include primary strategies to create and maintain a positive

school climate, promote school safety, increase student

achievement and prioritize mental health and intervention

services, restorative and transformative justice programs and

positive behavior intervention and support for students.

(8) The name and contact information of the principal or

the designated school employee authorized to receive reports

of bullying or retaliation by the school.

(9) A provision that reports of bullying or retaliation

may be made anonymously, in person or through the use of a

secure link on the school's Internet website that is only

accessible to students and parents or guardians of students.

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No disciplinary action may be taken against an alleged

perpetrator or school employee based solely on an anonymous

report.

(10) Clear and concise procedures for promptly

receiving, responding to and investigating reports of

bullying or retaliation.

(11) The range of disciplinary actions that may be taken

against a perpetrator for a verified act of bullying or

retaliation. Disciplinary actions may be devised in a manner

that balances the need for accountability with the need to

teach appropriate behavior.

(12) Clear and concise procedures for restoring a sense

of safety for a victim and assessing the victim's needs for

protection, including the use of the peer group approach to

work with the victim and the perpetrator, when deemed

appropriate, and assist with the development of bullying

identification, intervention and prevention strategies.

(13) Strategies for protecting a student, school

employee or other individual who reports bullying or

retaliation, who provides information during an investigation

of bullying or retaliation or who witnesses or has reliable

information about an act of bullying or retaliation.

(14) As follows:

(i) Procedures for promptly notifying the parents or

guardians of the victim and the perpetrator in accordance

with section 5. The parents or guardians of a victim

shall also be notified of the action taken, or to be

taken, to prevent any further acts of bullying or

retaliation. The procedures for notification of a parent

or guardian shall include provisions which shall

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disclose:

(A) The nature of the activity that resulted in

harm to the victim.

(B) The harm to the victim.

safety, including the nature of any disciplinary

measures taken, or that may be taken, in response to

the activity.

(D) The supports that will be provided for the

victim in response to the harm that resulted from the

activity.

(ii) A provision that a principal or designated

school employee shall not notify a parent or guardian of

a student under subparagraph (i) if, in the opinion of

the principal or designated school employee, there is

reason to believe that notification would put the student

at risk of harm from a parent or guardian of the student

and the notification would not be in the student's best

interest.

(iii) A provision that a principal or designated

school employee shall not disclose the name of or any

other identifying or personal information about the

perpetrator unless the disclosure is necessary to

facilitate compliance with subparagraph (i).

(15) Procedures for notifying law enforcement when an

act of bullying or retaliation is unlawful and criminal

charges may be warranted against the perpetrator and that

notification of law enforcement shall be made by the

principal or other designated school employee.

(16) A strategy and guidelines to govern notification to

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social media providers of acts of bullying or retaliation

which occur on a social media provider's social media

platform. The guidelines may include the following:

(i) A requirement that social media notification may

only be made by the principal or law enforcement when

appropriate.

(ii) Uniform criteria and procedures for requesting

a social media provider to deactivate or suspend a

perpetrator's social media account, which shall be

developed in consultation with law enforcement.

(iii) Specific circumstances under which a school or

law enforcement may request from a social media provider

messages, text messages or other such communications

directed at a victim from a perpetrator's social media

account.

(17) A provision that a student who knowingly makes a

false accusation of bullying or retaliation shall be subject

to disciplinary action or, if determined appropriate,

referred to law enforcement.

(18) A strategy for providing counseling or referral to

appropriate services, including mental health services, for

victims and perpetrators and, if deemed appropriate, for

other students and family members of victims or perpetrators.

(19) Procedures for students, parents or guardians of

students or other individuals to report incidents of bullying

or retaliation involving a school employee directly to the

principal.

the same protection regardless of their status under the law.

(d) Recognition of children with exceptionalities.--Each

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plan shall:

(1) Recognize that certain children with

exceptionalities may be more vulnerable to becoming a target

of bullying or retaliation based on actual or perceived

differentiating characteristics.

(2) Include the specific steps that each school must

take to support children with exceptionalities and to provide

all students with the skills, knowledge and strategies needed

to prevent or respond to bullying or retaliation. The

following apply:

(i) A school may establish separate discrimination

or harassment policies that include additional categories

of students.

(ii) Nothing in this section shall alter the

obligations of a school to remediate discrimination or

harassment based on a person's membership in a legally

protected category under Federal, State or local law.

(e) Professional development.--The following apply:

(1) The plan developed by or for a school shall include

a provision for ongoing professional development to build the

skills of all school employees to prevent, identify and

respond to bullying or retaliation. The content of the

professional development shall include:

(i) Developmentally appropriate strategies to

prevent incidents of bullying and retaliation.

(ii) Developmentally appropriate strategies for

immediate, effective identification of and interventions

to stop bullying incidents.

(iii) Information regarding the complex interaction

and power differential that can take place between and

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among a victim, perpetrator and witnesses to bullying or

retaliation.

(iv) Research findings on bullying that contain

information about students, including children with

exceptionalities, who have been shown to be particularly

at risk for bullying or retaliation in the school

environment.

(v) Information on the incidence and nature of

cyberbullying, including cyber sexual bullying.

(vi) Internet safety issues related to cyberbullying

and cyber sexual bullying over the Internet, including on

social media platforms and through the use of a mobile

application.

(vii) Annual training of school employees on the

content of the plan.

(2) The department shall identify and offer information

on alternative methods for fulfilling the professional

development requirements of this subsection. At least one of

the alternative methods shall be available at no cost to

schools.

(f) Plan implementation.--The principal of each school in a

school district shall be responsible for the implementation and

oversight of the plan.

Section 5. Duties of schools.

(a) Bullying curriculum.--Notwithstanding any provision of

the Public School Code of 1949, beginning with the 2023-2024

school year and each school year thereafter, each school shall

provide mandatory age-appropriate instruction in bullying and

retaliation identification, prevention and intervention to each

student in kindergarten through grade 12, which shall be

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incorporated into the health curriculum, or another appropriate

curriculum, of the school. The curriculum shall be evidence-

based.

(b) Parental notification of curriculum.--

(1) Each school shall notify parents or guardians of

students of the school's bullying curriculum at the beginning

of each school year and on a periodic basis throughout the

school year. The notice shall include:

(i) Systematic procedures or techniques parents and

guardians may use to reinforce the curriculum at home and

in the community to support the plan.

(ii) The dynamics of bullying and retaliation.

(iii) Information on Internet safety, including

social media, cyberbullying and mobile applications

software.

(iv) A description of the school's bullying plan,

including a summary of the notification requirements

under section 4(b)(14) and the name and contact

information of the principal and designated school

employee.

(2) A school may fulfill the periodic parental

notification required under paragraph (1) through the use of

a link on the school's publicly accessible Internet website

that is dedicated to the school's bullying identification,

prevention and intervention efforts. The parents and

guardians of students shall be notified periodically during

the school year of the link on the school's publicly

accessible Internet website.

(1) Each school shall:

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(i) Provide written notice to students and parents

or guardians of the students specifying the student-

related provisions of the plan. Written notice of the

student-related provisions shall be provided on an annual

basis and shall be written in age-appropriate terms and

in languages which are most prevalent among the students

and parents or guardians.

(ii) Annually provide written notice of the plan to

all school employees.

(2) The provisions of the plan relating to the duties of

school employees shall be included in the school district or

school employee handbook.

(3) Post the plan, including all updates or supplements

to the plan, on the school's publicly accessible Internet

website.

(d) Data collection and reports.--

(1) Each school shall collect and maintain bullying and

retaliation incident data and shall annually report the data

to the department in a form and manner and at a time

established by the department, in consultation with the

partnership. The data shall include:

(i) The number of reported allegations of bullying

or retaliation.

(ii) The number and nature of substantiated

incidents of bullying or retaliation, including the

number and nature of incidents of bullying or retaliation

made through social media platforms, including data on

the number and nature of contacts made by the school or

law enforcement to social media providers.

(iii) The number of students disciplined for

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engaging in bullying or retaliation.

(iv) The number of reports of bullying or

retaliation made to law enforcement.

(v) Other information recommended by the

partnership.

(2) To minimize the cost of the data reporting

requirements under paragraph (1), the department may:

(i) Use existing data collection and reporting

mechanisms to collect the information.

(ii) Provide an electronic means for schools to

report bullying or retaliation incident data through a

secure link on the department's publicly accessible

Internet website.

(3) The department shall analyze the bullying incident

data and shall publish an annual report containing aggregate

Statewide information on the frequency and nature of bullying

and retaliation in schools. The report shall be published in

the Pennsylvania Bulletin and made available to the public on

the department's publicly accessible Internet website.

Section 6. Reports and investigations.

(a) Reports.--The following apply:

(1) A student who is the target of an act of bullying or

retaliation or a student who witnesses or becomes aware of an

act of bullying or retaliation shall immediately report the

act to the principal or the designated school employee.

(2) A school employee who receives a report of bullying

or retaliation from a student, who witnesses an act of

bullying or retaliation or who becomes aware of an alleged

act of bullying or retaliation shall immediately make a

report of the act or alleged act to the principal or the

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designated school employee identified in the plan to receive

the reports.

(b) Investigation.--Upon receipt of a report under

subsection (a), the principal or designated school employee

shall promptly conduct an investigation. If the results of the

investigation find that an act of bullying or retaliation has

occurred, the principal or designated school employee shall:

(1) Notify the parents or guardians of the perpetrator.

(2) Notify the parents or guardians of the victim and,

to the extent consistent with Federal and State law, notify

the parents or guardians of the action taken, or to be taken,

to prevent further acts of bullying or retaliation.

(3) Take appropriate disciplinary action.

(4) Notify the local law enforcement agency if the

principal or designated school employee believes that

criminal charges may be pursued against the perpetrator.

incident of bullying or retaliation involves students from more

than one school, the school first informed of the bullying or

retaliation shall, consistent with Federal and State law,

promptly notify the appropriate administrator of the other

school so that both schools may take appropriate action,

including initiating a joint investigation.

(d) Former students.--If an act of bullying or retaliation

occurs on school grounds and involves a student who is no longer

enrolled in a school in the school district, the school informed

of the bullying or retaliation shall contact law enforcement.

(e) School employees.--Notwithstanding section 4(b)(8), a

student or a parent or guardian of a student shall report an

alleged incident of bullying or retaliation involving a school

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employee directly to the principal of the school.

(f) Secondary investigation.--

(1) A student or the parents or guardians of a student

who is not satisfied with the outcome of an investigation

conducted under subsection (b) may request a secondary

investigation by submitting a written request to the

principal within 30 days of the conclusion of the

investigation. The secondary investigation shall be initiated

and completed within 30 days of receipt of the written

request, unless:

(i) Circumstances require additional time to

complete a thorough investigation.

(ii) The principal provides a written explanation of

the circumstances identified under this paragraph to the

student or the parents or guardians of the student making

the request for a secondary investigation.

(iii) The additional time for conducting a secondary

investigation does not exceed 15 days.

(2) If a secondary investigation finds that an act of

bullying or retaliation occurred, the principal shall inform

the student and the parents or guardians of the student of

the findings and actions the school will institute to address

the findings of the investigation.

(g) Construction.--Nothing in this section shall be

construed to supersede or replace existing rights or remedies

under other provisions of law or regulation or to create a

private right of action.

Section 7. Duties of department.

(a) Investigations.--The department may investigate certain

incidents of bullying or retaliation. If, upon completion of an

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investigation by the department, a school is found to not have

properly implemented the school's plan, the department may

require that school to properly implement the plan or take other

actions to address the findings of the department's

investigation.

(b) Surveys.--

(1) The department shall develop a student survey to

assess school climate and the prevalence, nature and severity

of bullying and retaliation in schools. The survey shall be

administered by each school at least once every four years.

The survey shall be designed to protect student privacy and

allow for anonymous participation by students.

(2) The principal or the designated school employee

identified in the plan as responsible for receiving reports

of bullying or retaliation shall verify the completion of the

student surveys. All completed surveys shall be forwarded to

the department.

(3) The department shall use the survey results to help

assess the effectiveness of a school's bullying prevention

curricula and instruction developed and administered under

this act.

(4) The department shall collect and analyze the student

survey data to:

(i) Compare the survey results with the bullying

incident data reported under section 5(d).

(ii) Identify long-term trends and areas in need of

improvement.

(iii) Monitor bullying identification, prevention

and intervention efforts in schools over time.

(5) The department shall make the department's findings

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available to the partnership and to schools, and post the

findings on the department's publicly accessible Internet

website.

Section 8. Guidelines.

The Attorney General and the secretary, in consultation with

the members of the partnership under section 3(a)(1), shall

promulgate guidelines to administer and enforce the provisions

of this act. The Attorney General and the secretary shall seek

advice from the ex officio members appointed under section 3(c)

to develop the guidelines.

Section 9. Effective date.

This act shall take effect immediately.

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