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A03546
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
530
Session of
2019
INTRODUCED BY MARTIN, K. WARD, SCHWANK, MUTH, TARTAGLIONE,
KILLION AND SANTARSIERO, APRIL 5, 2019
REFERRED TO EDUCATION, APRIL 5, 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 duties and powers of boards of
school directors, further providing for establishment of
independent schools; in pupils and attendance, providing for
expulsion of students convicted or adjudicated delinquent of
sexual assault; in safe schools, further providing for safe
schools advocate in school districts of the first class; and,
in charter schools, further providing for provisions
applicable to charter schools. 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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 502.1(d) of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended to read:
Section 502.1. Establishment of Independent Schools.--* * *
(d) Independent schools shall be subject to the following:
Sections 108, 110, 111, 321, 325, 326, 327, 431, 436, 443,
510, 518, 527, 708, 736, 737, 738, 739, 740, 741, 752, 753, 771,
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776, 777, 808, 809, 810, 1006, 1109, 1111, 1112(a), 1310, 1317,
1317.1, 1317.2, 1318, 1318.1, 1327, 1330, 1332, 1303-A, 1513,
1517, 1518, 1521, 1523, 1547, 2014-A, 2513, Article XI except as
limited by subsection (b)(6), Article XII except as limited by
subsection (b)(6), and Articles XIII-A and XIV.
18 Pa.C.S. Ch. 28 (relating to antihazing).
Act of July 17, 1961 (P.L.776, No.341), known as the
"Pennsylvania Fair Educational Opportunities Act."
Act of July 19, 1965 (P.L.215, No.116), entitled "An act
providing for the use of eye protective devices by persons
engaged in hazardous activities or exposed to known dangers in
schools, colleges and universities."
Section 4 of the act of January 25, 1966 (1965 P.L.1546,
No.541), referred to as the Higher Education Scholarship Law.
Act of July 12, 1972 (P.L.765, No.181), entitled "An act
relating to drugs and alcohol and their abuse, providing for
projects and programs and grants to educational agencies, other
public or private agencies, institutions or organizations."
[Act of December 15, 1986 (P.L.1595, No.175), known as the
"Antihazing Law."]
The following provisions of 22 Pa. Code:
Chapter 4 (relating to academic standards and assessment).
Section 4.4 (relating to general policies).
Section 4.26 (relating to ESOL).
Chapter 11 (relating to [pupil] student attendance).
Chapter 12 (relating to students and student services).
Chapter 14 (relating to special education services and
programs).
Chapter 16 (relating to special education for gifted
students).
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Section 32.3 (relating to assurances).
Section 121.3 (relating to discrimination prohibited).
Section 235.4 (relating to practices).
Section 235.8 (relating to civil rights).
* * *
Section 2. The act is amended by adding a section to read:
Section 1318.1. Expulsion of Students Convicted or
Adjudicated Delinquent of Sexual Assault.--(a) A school
district or area vocational-technical school shall expel, at the
request of a victim of sexual assault, the student convicted or
adjudicated delinquent of the sexual assault, if the victim is
enrolled in the same school district or area vocational-
technical school as the student convicted or adjudicated
delinquent.
The decision of the victim must be made in writing to the
chief school administrator within ten (10) business days of the
conviction or adjudication of delinquency. The victim's decision
is irrevocable.
(b) The expelled student may re-enroll in the school
district or area vocational-technical school:
(1) if the victim ceases to be enrolled in the school
district or area vocational-technical school from which the
student was expelled; or
(2) the conviction or delinquency adjudication on which the
expulsion was based is reversed and no appeal is pending.
(c) Nothing in this section shall be construed as limiting
the authority or duty of a school district or area vocational-
technical school to make an alternative assignment or provide
alternative educational services during the period of expulsion.
(d) A school district or area vocational-technical school
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receiving a student who transfers from a public or private
school during a 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.
(e) Prior to admission to a school district or area
vocational-technical school, 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 was previously or is presently expelled at the
request of a victim of sexual assault, or the victim's parent or
guardian, 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 a misdemeanor of
the third degree.
(f) If the student convicted or adjudicated delinquent of
sexual assault is not expelled following the request of the
victim under subsection (a), the parent or guardian of the
victim shall have standing to institute a legal proceeding to
obtain expulsion of the student.
(g) Every school district and area vocational-technical
school shall develop a written policy regarding expulsions
required under this section. Expulsions shall be conducted
pursuant to all applicable regulations.
(h) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
"Chief school administrator" means the superintendent of a
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school district, administrative director of an area vocational-
technical school or chief executive officer of a charter school.
"Sexual assault" shall include any of the offenses specified
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 3. Sections 1310-A(b)(2) and 1732-A(a) 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 1732-A. Provisions Applicable to Charter Schools.--
(a) Charter schools shall be subject to the following:
Sections 108, 110, 111, 321, 325, 326, 327, 431, 436, 443,
510, 518, 527, 708, 736, 737, 738, 739, 740, 741, 752, 753, 755,
771, 776, 777, 808, 809, 810, 1109, 1111, 1112(a), 1301, 1310,
1317, 1317.1, 1317.2, 1318, 1318.1, 1326, 1327, 1327.2, 1329,
1330, 1332, 1333, 1333.1, 1333.2, 1333.3, 1303-A, 1513, 1517,
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1518, 1521, 1523, 1531, 1547, 2014-A, Article XIII-A and Article
XIV.
18 Pa.C.S. Ch. 28 (relating to antihazing).
Act of July 17, 1961 (P.L.776, No.341), known as the
"Pennsylvania Fair Educational Opportunities Act."
Act of July 19, 1965 (P.L.215, No.116), entitled "An act
providing for the use of eye protective devices by persons
engaged in hazardous activities or exposed to known dangers in
schools, colleges and universities."
Section 4 of the act of January 25, 1966 (1965 P.L.1546,
No.541), entitled "An act providing scholarships and providing
funds to secure Federal funds for qualified students of the
Commonwealth of Pennsylvania who need financial assistance to
attend postsecondary institutions of higher learning, making an
appropriation, and providing for the administration of this
act."
Act of July 12, 1972 (P.L.765, No.181), entitled "An act
relating to drugs and alcohol and their abuse, providing for
projects and programs and grants to educational agencies, other
public or private agencies, institutions or organizations."
[Act of December 15, 1986 (P.L.1595, No.175), known as the
"Antihazing Law."]
* * *
Section 4. This act shall take effect in 60 days.
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, if a
student enrolled in a public school entity is convicted or
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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 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 as the
victim.
(3) Paragraph (1) shall not require the public school entity
to take action 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 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) against another student enrolled in the same public
school entity; and
(2) has the effect of:
(i) substantially interfering with the victim's education;
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(ii) creating a threatening or hostile educational
environment; or
(iii) substantially disrupting the orderly operation of the
school.
(c) A student expelled, transferred or reassigned under this
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 the period of expulsion.
(e) A student convicted of sexual assault shall notify the
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 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
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affirmation stating whether the pupil was previously or 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:
"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
under the following provisions of 18 Pa.C.S. (relating to crimes
and offenses):
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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 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:
* * *
(2) To monitor the school district's compliance with the
mandatory expulsion requirements of [section] sections 1317.2
and 1318.1.
* * *
Section 3. This act shall take effect in 60 days.
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