THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY W. KELLER, BEYER, BOYD, BRENNAN, CARROLL, CLYMER, P. COSTA, CREIGHTON, CRUZ, DONATUCCI, FRANKEL, GRUCELA, KILLION, McGEEHAN, M. O'BRIEN, REICHLEY, SABATINA, SIPTROTH, K. SMITH AND VULAKOVICH, FEBRUARY 9, 2009

REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 9, 2009  

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 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 1310-A(b)(1) and (3) and (c)(4) of the

act of March 10, 1949 (P.L.30, No.14), known as the Public

School Code of 1949, added November 22, 2000 (P.L.672, No.91),

are amended and subsection (b) is amended by adding paragraphs

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:

(1)  To monitor the school district's compliance with this

article, including:

(i)  the school district's reporting to the office of

incidents involving acts of violence, possession of a weapon or

possession, use or sale of controlled substances as defined in

the act of April 14, 1972 (P.L.233, No.64), known as "The

Controlled Substance, Drug, Device and Cosmetic Act," or

possession, use or sale of alcohol or tobacco by any person on

school property;

(ii)  obtaining copies of the school district's reports to

the office and reviewing and analyzing them;

(iii)  developing and presenting to the School Reform

Commission for adoption a memorandum of understanding with local

law enforcement regarding incidents involving acts of violence

and possession of weapons and monitoring the school district's

compliance with the procedures set forth in the memorandum of

understanding with the appropriate police department regarding

incidents involving acts of violence and possession of weapons;

[and]

(iv)  obtaining documentation, on a weekly basis during those

times when school is in session, of all written or verbal

contacts by school district personnel with the appropriate

police department consistent with the requirements of the

memorandum of understanding[.];

(v)  developing and presenting to the School Reform

Commission for adoption a memorandum of understanding with the

office of district attorney and the juvenile court system. The

memoranda of understanding shall create effective partnerships

to promote school safety in the school district and require the

timely removal from the school district of those students who

are in possession of a weapon or who commit an act of violence

or an infraction of the school district disciplinary code or

policy mandating expulsion; and

(vi)  developing and presenting to the School Reform

Commission for adoption a corrective action plan as required by

law for each school identified as "persistently dangerous."

(1.1)  To approve the school district's safety plan for each

school in the district that includes, but is not limited to, the

implementation of the district-wide violence-free school plan

and discipline policy.

(1.2)  To provide mandated training and communication within

the school district to ensure that employes of the school

district are familiar with the discipline policy, mandatory

expulsion laws and policy, reporting requirements under law and

district policy, and all other applicable laws and policies to

insure the safety of all students and staff in the school

district.

(1.3)  To provide training to staff regarding the rights of a

victim of violence and the effects of violence on a student's

right to receive an education as required by law in a violence-

free learning environment.

(1.4)  To insure that each victim of school violence, where

the district has failed to comply with applicable laws and

policies, receives a safe and appropriate education as required

by law, by taking legal action against the school district until

the victim's rights to education are assured.

* * *

(3)  To receive inquiries from school staff and parents or

guardians of students who are victims of acts of violence on

school property without any interference or obstruction from the

school district or any school district employe or designee.

* * *

(7.1)  To seek a legal course of action to open consent

decrees that hinder the timely removal of students for

committing acts of violence, possession of weapons or violations

of mandated district expulsion policies. Adequate funding for

such legal actions shall be part of annual appropriations to the

Office of Safe Schools Advocate.

* * *

(c)  The safe schools advocate shall, on behalf of victims of

acts of violence on school property, victims of conduct that

would constitute an act of violence and victims of students who

have committed two or more infractions as set forth in

subsection (b)(9):

* * *

(4)  in cases where the advocate has received a request by

the parent or guardian of the victim, to attend formal

disciplinary proceedings and to ensure that the parents or

guardian and victim have legal representation at such formal

disciplinary hearings;

* * *

Section 2.  This act shall take effect in 60 days.