PRIOR PRINTER'S NOS. 338, 1034 PRINTER'S NO. 1198
No. 332 Session of 1999
INTRODUCED BY GREENLEAF, SCHWARTZ, HOLL, MELLOW, LEMMOND,
BOSCOLA, TOMLINSON, COSTA, KASUNIC, SALVATORE, MUSTO, O'PAKE,
STOUT AND WAGNER, FEBRUARY 8, 1999
AS AMENDED ON THIRD CONSIDERATION, JUNE 9, 1999
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," providing for good Samaritan immunity
6 for school employees; further providing for authority of
7 teachers, vice principals and principals over pupils;
8 providing for school policies for drug or alcohol violations,
9 for conflict resolution training and for the requirements for
10 governing adjudicated delinquents; further providing for the
11 suspension and expulsion of pupils, for exceptional children,
12 their education and training, for reporting of incidents of
13 school violence and for transfer of records; providing for
14 school violence reporting requirements for school employees,
15 for school safety committees and for notification to parents
16 and guardians of victims of school violence; and further
17 defining "school."
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
21 as the Public School Code of 1949, is amended by adding a
22 section to read:
23 Section 113. Good Samaritan Immunity for School Employes.--
24 (a) Any employe of a public school who in good faith believes
25 that a pupil needs emergency care, first aid or rescue and who
1 provides such emergency care, first aid or rescue to the pupil
2 or who removes the pupil receiving such emergency care, first
3 aid or rescue to a hospital or other place of medical care shall
4 be immune from civil liability as a result of any acts or
5 omissions by the employe, except any acts or omissions
6 intentionally designed to seriously harm or any grossly
7 negligent acts or omissions which result in serious bodily harm
8 to the pupil receiving emergency care.
9 (b) As used in this section, the term "good faith" shall
10 include, but not be limited to, a reasonable nonmedical opinion
11 that the immediacy of the situation is such that the rendering
12 of care should not be postponed.
13 Section 2. Section 1317 of the act, amended July 25, 1963
14 (P.L.315, No.169), is amended to read:
15 Section 1317. Authority of Teachers[,] and Vice Principals
16 [and Principals over Pupils].--[Every teacher, vice principal
17 and principal in the public schools shall have the right to
18 exercise the same authority as to conduct and behavior over the
19 pupils attending his school, during the time they are in
20 attendance, including the time required in going to and from
21 their homes, as the parents, guardians or persons in parental
22 relation to such pupils may exercise over them.] (a) In all
23 matters relating to the discipline in and conduct of the public
24 schools, public school employes and school administrators shall
25 be in the same relation to pupils as parents and guardians. This
26 relationship shall extend to all activities connected with the
27 public schools, including, but not limited to, any activity
28 conducted during the school day or during the time a pupil is
29 traveling to or from school or traveling to or from a school-
30 sponsored activity or during any academic, athletic or
19990S0332B1198 - 2 -
1 extracurricular activity sponsored by the school district at any
2 time.
3 (b) Public school employes and administrators shall be
4 immune from civil liability for any action taken in good faith
5 with regard to any pupil at any time for the safety and
6 supervision of the pupil or for the safety and supervision of
7 others, including, but not limited to, pupils, public school
8 employes, visitors or the professional employe or administrator
9 taking such action.
10 Section 3. The act is amended by adding sections to read:
11 Section 1317.4. School Policies for Drug or Alcohol
12 Violations.--(a) The General Assembly finds a compelling public
13 interest in ensuring that schools are safe and drug free for all
14 students and school employes.
15 (b) The State Board of Education shall adopt and each board
16 of school directors shall uniformly enforce drug and alcohol
17 policies that protect all pupils and other members of the school
18 population. These policies shall include all of the following:
19 (1) Examples of behaviors that constitute an infraction of
20 the drug-free schools policy.
21 (2) Penalties for infractions of the drug-free schools
22 policy.
23 (3) Guidelines for dealing with pupils or with other persons
24 who are in possession of drugs or alcohol on school property,
25 while traveling on a public conveyance providing transportation
26 to or from school, or at a school-sponsored activity.
27 (4) TRAINING OF SCHOOL COUNSELORS AND TEACHERS IN THE <--
28 IDENTIFICATION AND REFERRAL FOR DRUG AND ALCOHOL EVALUATION OF
29 SUBSTANCE ABUSING PUPILS.
30 (c) School policies for drug and alcohol violations shall be
19990S0332B1198 - 3 -
1 included in a school district's code of student conduct.
2 (d) The superintendent of a school district shall
3 immediately report to the local law enforcement agency a pupil
4 who violates a policy concerning illegal drugs and alcohol
5 adopted by the board of school directors of that school
6 district. If the pupil is enrolled in a public school in this
7 Commonwealth, the board of school directors of that school of
8 the school district shall immediately suspend that pupil from
9 attending regular classes and schedule a hearing to consider the
10 pupil's:
11 (1) suspension for at least the remainder of the academic
12 year;
13 (2) placement an alternative education program under this
14 act; or
15 (3) permanent expulsion.
16 (e) If a pupil is suspended, pursuant to a hearing of a
17 board of school directors, for violating a policy mandated by
18 this section, that pupil may not be admitted to any public
19 school in this Commonwealth until the pupil has satisfied each
20 requirement imposed by the board of school directors as a
21 condition for readmission. To comply with the requirements of
22 this subsection, a school superintendent shall review the
23 records of each pupil who transfers into the school district
24 under the jurisdiction of that superintendent to determine
25 whether the pupil is being disciplined pursuant to the policies
26 mandated by this section.
27 (f) A school district shall report all new incidents
28 involving violations of policies concerning illegal drugs and
29 alcohol at least twice a year to the Secretary of Education on a
30 form developed and provided by the Department of Education. The
19990S0332B1198 - 4 -
1 form shall include:
2 (1) The age or grade of this pupil.
3 (2) The name and address of this school.
4 (3) The circumstances surrounding the incident.
5 (4) Any sanction imposed by the school.
6 (5) Any notification to a law enforcement agency.
7 (6) Any remedial program involved.
8 (7) The parental involvement required.
9 (8) Any arrest, conviction or adjudication, if known.
10 Section 1317.5. Conflict Resolution Training.--(a) School
11 employes in each school district of this Commonwealth shall
12 receive annual training in conflict resolution from a trainer
13 whom the board of directors of the school district deems
14 qualified in the area of conflict resolution. The training shall
15 include, but not be limited to, a review of the impact of media
16 violence upon children.
17 (b) Pupils attending public elementary and secondary schools
18 shall receive regular instruction in conflict resolution. Such
19 training shall include, but shall not be limited to, critical
20 thinking instruction about media depiction of violence and shall
21 incorporate instruction in humane education as required pursuant
22 to section 1514. Pupils manifesting difficulty with conflict
23 resolution shall be referred for assistance to qualified and
24 trained guidance counselors.
25 Section 4. Section 1318 of the act, amended February 8, 1980
26 (P.L.3, No.2), is amended to read:
27 Section 1318. Suspension and Expulsion of Pupils.--(a)
28 Every principal or teacher in charge of a public school may
29 temporarily suspend any pupil on account of disobedience or
30 misconduct, and any principal or teacher suspending any pupil
19990S0332B1198 - 5 -
1 shall promptly notify the district superintendent or secretary
2 of the board of school directors. The board may, after a proper
3 hearing, suspend such child for such time as it may determine,
4 or may permanently expel him. Such hearings, suspension, or
5 expulsion may be delegated to a duly authorized committee of the
6 board, or to a duly qualified hearing examiner, who need not be
7 a member of the board, but whose adjudication must be approved
8 by the board.
9 (b) (1) It shall be the duty of the district superintendent,
10 prior to admitting a pupil who is transferring from another
11 school district, to obtain and to thoroughly review the pupil's
12 records in order to ascertain whether the pupil has been
13 disciplined or is currently under disciplinary action,
14 including, but not limited to, expulsion, suspension or
15 placement in an alternative education program or, if the pupil
16 is transferring from another state, is being disciplined
17 pursuant to a statutory or regulatory disciplinary provision
18 from the other state. In the event that the pupil's records
19 indicate that the pupil is currently being disciplined under
20 this section or under disciplinary provisions from another
21 state, the superintendent shall continue the terms of the
22 discipline imposed by the pupil's former district.
23 (2) It shall further be the duty of the district
24 superintendent to notify other school officials, including
25 employes within the district who have legitimate interest, of
26 this pupil's current or prior discipline record pursuant to this
27 section or pursuant to disciplinary provisions from another
28 state.
29 (3) Any district superintendent who fails to perform the
30 duties provided in this section shall be personally liable for a
19990S0332B1198 - 6 -
1 fine of not more than two hundred fifty dollars ($250) for the
2 first offense and not more than one thousand dollars ($1,000)
3 for any subsequent offense and shall be subject to disciplinary
4 action affecting the commission of the superintendent.
5 (c) Subsections (a) and (b) shall not apply to a pupil
6 classified as an exceptional child when the pupil's actions are
7 a manifestation of the pupil's disability. If the pupil's
8 actions are not a manifestation of disability, the board must <--
9 comply with the requirements under the Individuals with
10 Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1400
11 et seq.).
12 (d) As used in this section, the following words and phrases
13 shall have the meanings given to them in this subsection:
14 "Alternative education program" shall mean a program
15 established pursuant to section 1901-C.
16 "Disruptive pupil" shall have the same meaning the term
17 "disruptive student" is given under section 1901-C.
18 "Legitimate educational interest" shall include, but not be
19 limited to, the interest of officials and school employes who
20 have any responsibility for supervising the pupil who is subject
21 to disciplinary action.
22 Section 5. The act is amended by adding sections to read:
23 Section 1318.1. Requirements Governing Adjudicated
24 Delinquents.--(1) Upon becoming aware of information under 42
25 Pa.C.S. § 6308 (relating to law enforcement records) or upon
26 receipt of information under 42 Pa.C.S. § 6341(b.1) (relating to
27 adjudication), the principal shall provide such information to
28 the superintendent for the school district, and the
29 superintendent shall determine whether the pupil has exhibited
30 behavior which may be detrimental to the safety or welfare of
19990S0332B1198 - 7 -
1 other pupils or of other members of the school population and
2 whether educating the pupil in the regular school environment
3 may disrupt learning in the school or create a dangerous or
4 unsafe environment for other pupils or for school employes.
5 (2) If the superintendent determines that the pupil's
6 presence may be disruptive or create a dangerous or unsafe
7 environment, the superintendent shall place the pupil in an
8 alternative learning environment pursuant to procedures set
9 forth in section 1902-C(2), until the board concludes that the
10 pupil's presence in the regular school environment will not be
11 disruptive or create a dangerous or unsafe environment. Such a
12 placement shall not be deemed a disciplinary action pursuant to
13 42 Pa.C.S. § 6341(b.1)(4).
14 (3) The superintendent shall provide the information
15 concerning the pupil's record identified in this subsection to
16 all school officials, including school employes who have a
17 legitimate educational interest in the records.
18 (4) As used in this subsection, the term "legitimate
19 educational interest" includes the interests of officials and
20 school employes who have any responsibility for supervising a
21 pupil.
22 Section 1371.1. Legislative Intent.--It is the intent of the
23 General Assembly to ensure that the safety and welfare of
24 children with disabilities and of others is protected through
25 the prompt and appropriate response of boards of school
26 directors to actions which place children with disabilities or
27 others in serious danger in the school setting. It is further
28 the intent of the General Assembly that nothing in this
29 subdivision of this article shall deprive children with
30 disabilities of any rights which such students may have under
19990S0332B1198 - 8 -
1 any other act or regulation.
2 Section 6. Section 1372 of the act is amended by adding a
3 paragraph to read:
4 Section 1372. Exceptional Children; Education and
5 Training.--* * *
6 (7) Changing Educational Placement. (i) It shall be the
7 duty of the board of directors of every school district to
8 promptly seek parental consent for implementing an appropriate
9 change in educational placement of an exceptional student,
10 including, but not limited to, placement in an alternative
11 education program, when the board has determined that the
12 violent action of the student has placed the student or other
13 persons in danger of or in reasonable apprehension of serious
14 personal injury. If the parents of the student fail to approve
15 the change in placement, it shall be the duty of the board of
16 school directors, in addition to placing the student in an
17 interim alternative education setting, when so authorized under
18 the Individuals with Disabilities Education Act (Public Law 91-
19 230, 20 U.S.C. 1400 et. seq.), to promptly seek approval for an
20 appropriate change through a due process hearing, court action,
21 or both.
22 (ii) As used in this paragraph, the term "promptly" means as
23 soon as in practicable but in no event later than thirty (30)
24 days from the date of a violent incident.
25 Section 7. Section 1303-A of the act is amended by adding a
26 subsection to read:
27 Section 1303-A. Reporting.--* * *
28 (d) In developing forms under this section, the Department
29 of Education shall include uniform definitions of violent acts.
30 Section 8. Section 1305-A of the act, added June 30, 1995
19990S0332B1198 - 9 -
1 (P.L.220, No.26), is amended to read:
2 Section 1305-A. Transfer of Records.--Whenever a pupil
3 transfers to another school entity, a certified copy of the
4 student's disciplinary record shall be transmitted to the school
5 entity to which the pupil has transferred. The school entity to
6 which the student has transferred should request the record. The
7 sending school entity shall have ten (10) days from receipt of
8 the request to supply a certified copy of the student's
9 disciplinary record. For purposes of this section, sending
10 school entities include private elementary and secondary
11 schools.
12 Section 9. The act is amended by adding sections to read:
13 Section 1310-A. Reporting Requirements for School
14 Employes.--(a) In any instance where an employe of a public
15 school district has a reasonable suspicion that any student or
16 visitor has committed or intends to commit a criminal act on
17 school property, during a school-sponsored activity, on the way
18 to or from school or to or from a school-sponsored activity,
19 such employe shall immediately notify the employe's supervisor,
20 who shall immediately investigate the suspected criminal
21 activity. If upon such investigation the supervisor determines
22 that reasonable suspicion exists that any student or visitor has
23 committed or intends to commit a criminal act, the supervisor
24 shall immediately report the incident to the local policy agency
25 and to the school district superintendent. The superintendent
26 shall immediately file a written report with the Secretary of
27 Education and shall, without unreasonable delay, file the
28 appropriate charge against the individual or individuals
29 suspected of criminal activity or intention to commit criminal
30 activity.
19990S0332B1198 - 10 -
1 (b) Any public school employe who violates this section,
2 commits a summary offense and shall, upon conviction, be
3 sentenced to pay a fine of not more than two hundred fifty
4 dollars ($250) for the first offense and not more than one
5 thousand dollars ($1,000) for each subsequent offense.
6 (c) Any public school employe who is required to make a
7 report under this section shall be immune from civil liability
8 for filing the report.
9 (d) Whenever any public school employe is asked to testify
10 in a criminal proceeding based upon the employe's report filed
11 under this section, the public school employer shall reimburse
12 the employe for travel expenses and shall provide the employe
13 with paid leave or with the regular per diem rate if the employe
14 is called to testify in a criminal proceeding after school hours
15 or at a time when school is not in session.
16 Section 1311-A. Notification to Parents and Guardians.--Upon
17 receipt of information from a school entity indicating that a
18 student has been the victim of violent behavior, the local law
19 enforcement agency shall notify the parent or the legal guardian
20 of the victim about the circumstances surrounding the violent
21 incident.
22 Section 10. Section 1901-C(6) of the act, added June 25,
23 1997 (P.L.297, No.30), is amended to read:
24 Section 1901-C. Definitions.--For purposes of this article,
25 the following terms shall have the following meanings:
26 * * *
27 (6) "School." Any school classified by the Department of
28 Education as an elementary school, a middle school, junior high
29 school, senior high school or area vocational-technical school.
30 * * *
19990S0332B1198 - 11 -
1 Section 11. This amendatory act shall be known and may be
2 cited as the Schools Are for Education Act.
3 Section 12. This act shall take effect in 60 days.
L30L24JS/19990S0332B1198 - 12 -