THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PICCOLA, BROWNE, RAFFERTY, TOMLINSON, ORIE, YAW, O'PAKE, WOZNIAK AND WONDERLING, JANUARY 20, 2009

AS AMENDED ON THIRD CONSIDERATION, JUNE 24, 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," further providing, in provisions

relating to safe schools, for definitions, for the Office for

Safe Schools and for reporting by school entities.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1301-A of the act of March 10, 1949 (P.L.

30, No.14), known as the Public School Code of 1949, added June

30, 1995 (P.L.220, No.26), is amended to read:

Section 1301-A.  Definitions.--As used in this article,

"Chief school administrator" shall mean the superintendent of

a public school district, superintendent of an area vocational-

technical school, executive director of an intermediate unit or

chief executive officer of a charter school.

"Office" shall mean the Office for Safe Schools within the

Department of Education.

"School entity" shall mean any public school district,

intermediate unit [or], area vocational-technical school or

charter school.

"School property" shall mean any public school grounds, any

school-sponsored activity or any conveyance providing

transportation to a school entity or school-sponsored activity.

"Weapon" shall include, but not be limited to, any knife,

cutting instrument, cutting tool, nunchaku, firearm, shotgun,

rifle and any other tool, instrument or implement capable of

inflicting serious bodily injury.

Section 2.  Section 1302-A of the act, amended or added June

30, 1995 (P.L.220, No.26) and July 9, 2008 (P.L.846, No.61), is

amended to read:

Section 1302-A.  Office for Safe Schools.--(a)  There is

hereby established in the Department of Education an Office for

Safe Schools[.] within the Office of Elementary and Secondary

Education. The director of the office shall report directly to

the Deputy Secretary for Elementary and Secondary Education. The

office shall be staffed and supported by employes of the

department. The department shall not outsource or contract out

the functions, duties or responsibilities of the office.

(b)  The office shall have the [following powers and duties] 

power and duty to implement the following:

(1)  To coordinate antiviolence efforts between school,

professional, parental, governmental, law enforcement and

community organizations and associations.

(2)  To collect, develop and disseminate information,

policies, strategies and other information to assist in the

development of programs to impact school violence.

(2.1)  To direct all school entities to submit annual school

violence statistics and reports to the office no later than July

30 of each year.

(3)  To provide direct training to school employes, parents,

law enforcement officials and communities on effective measures

to prevent and combat school violence.

(4)  To advise school entities and nonpublic schools on the

development of policies to be used regarding possession of

weapons by any person, acts of violence and protocols for

coordination with and reporting to law enforcement officials and

the Department of Education.

(4.1)  To verify the existence of corrective action plans to

reduce incidents of violence as required in the No Child Left

Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425).

(5)  To develop forms and issue a model memorandum of

understanding and forms to be used by school entities and police

departments for reporting incidents involving acts of violence

and possession of weapons on school property.

(6)  To convene a Statewide advisory committee which shall

develop the forms and model memorandum of understanding required

under clause (5) and to make recommendations to the office on

training procedures and programs as required under clause (3).

The committee shall include a police chief, school

superintendent, school principal, district attorney, solicitor

of a school district, special education supervisor, special

education advocate and in-school probation officer and one

designee from the Department of Education, the Pennsylvania

Commission on Crime and Delinquency, the Municipal Police

Officers' Education and Training Commission, the Juvenile Court

Judges' Commission and the Pennsylvania State Police. Members of

the committee shall be selected to be representative of the

rural, suburban and urban school entities of this Commonwealth.

The advisory committee shall be convened no later than sixty

(60) days after the effective date of this clause and shall meet

regularly to fulfill the requirements of this clause. The model

memorandum of understanding and forms shall be reviewed on a

biennial basis and revised where necessary.

(7)  To verify that each school entity has a biennially 

updated and reexecuted a memorandum of understanding with local

law enforcement and has filed such memorandum with the office on

a biennial basis.

(8)  To publish and post on the Department of Education's

Internet website a School Safety Annual Report no later than

November 1 of each calendar year outlining all incidents

required to be reported under section 1303-A.

(b.1)  The office shall process and tabulate the data on an

annual basis to assist school administrators and law enforcement

officials in their duties under this article.

(C) (c)  In addition to the powers and duties set forth under

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subsection [(a)] (b), the office is authorized to make targeted

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grants to [schools] school entities to fund programs which

address school violence, including[, but not limited to, the

following programs]:

(1)  Conflict resolution or dispute management, including

restorative justice strategies.

(1.1)  School-wide positive behavior support that includes

primary or universal, secondary and tertiary supports and

interventions in school entities.

(2)  Peer helpers programs.

(3)  Risk assessment, safety-related [or], violence

prevention curricula, including, but not limited to, dating

violence curricula and restorative justice strategies.

(4)  Classroom management.

(5)  Student codes of conduct.

(6)  Training to undertake a districtwide assessment of risk

factors that increase the likelihood of problem behaviors among

students.

(7)  Development and implementation of research-based

violence prevention programs that address risk factors to reduce

incidents of problem behaviors among students including, but not

limited to, bullying.

(8)  Comprehensive, districtwide school safety and violence

prevention plans.

(9)  Security planning, purchase of security-related

technology which may include metal detectors, protective

lighting, surveillance equipment, special emergency

communications equipment, electronic locksets, deadbolts and

theft control devices and training in the use of security-

related technology. Security planning and purchase of security-

related technology shall be based on safety needs identified by

the school entity's board of directors.

(10)  Institution of student, staff and visitor

identification systems, including criminal background check

software.

(11)  Establishment or enhancement of school security

personnel, including school resource officers.

(12)  Provision of specialized staff and student training

programs, including training for Student Assistance Program team

members in elementary, middle and high schools in the referral

of students at risk of violent behavior to appropriate

community-based services, including mental health services.

(13)  Alternative education programs provided for in Article

XIX-C.

(14)  Counseling services for students enrolled in

alternative education programs.

(15)  An Internet web-based system for the management of

student discipline, including misconduct and criminal offenses.

(16)  Staff training programs in the use of positive behavior

supports, de-escalation techniques and appropriate responses to

student behavior that may require immediate intervention.

(d)  [Grant applications shall contain information as the

office may require. The office shall conduct a thorough annual

evaluation of each program for which a grant under this section

is made.]

(1)  Targeted grants shall be allocated through a competitive

grant review process established by the office. School entities

must satisfy the requirements of this section and section 1303-A

to be eligible for grants. The application for a targeted grant

shall include:

(i)  the purpose for which the targeted grant shall be

utilized.

(ii)  information indicating need for the targeted grant,

including, but not limited to, school violence statistics.

(iii)  an estimated budget.

(iv)  Methods for measuring outcomes.

(v)  any other criteria as the office may require.

(2)  The office shall:

(i)  Give priority in grant funding to a school entity

designated as a persistently dangerous school as defined in the

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No Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat.

1425) 22 Pa. Code § 403.2 (relating to definitions).

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(ii)  Give priority in grant funding to school entities with

the greatest need to establish safety and order.

(iii)  To the greatest extent possible, ensure that grant

funding is geographically dispersed to school entities

throughout this Commonwealth.

(3)  The office shall provide all targeted grant agreements

to the Department of Education's comptroller for review and

approval prior to awarding the grant. The school entity shall

provide the office with full and complete access to all records

relating to the performance of the grant, and shall submit, at

such time and in such form as may be prescribed, truthful and

accurate information that the office may require. The office

shall conduct a thorough annual evaluation of each program for

which a grant under this section is made. The office shall seek

repayment of funds if it determines that funds were not utilized

for the original stated purpose.

Section 3.  Section 1303-A of the act, amended June 25, 1997

(P.L.297, No.30), is amended to read:

Section 1303-A.  Reporting.--(a)  The office shall conduct a

one-time survey of all school entities to determine the number

of incidents involving acts of violence on school property and

all cases involving possession of a weapon by any person on

school property which occurred within the last five (5) years.

The survey shall be based on the best available information

provided by school entities.

(b)  [All school entities] Each chief school administrator 

shall report all new [incidents involving acts of violence,

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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]criminal offenses as provided under subsection (b)(4.1) 

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by any person on school property [at least once a year, as

provided by the office,]. Reporting under clause (4.2) shall be

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at the discretion of the chief school administrator. Reports

shall be made The incidents to be reported to the office shall

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include all incidents involving conduct that constitutes a

criminal offense listed under paragraphs (4.1) and (4.2).

Reports on a form to be developed and provided by the office[.

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The form] shall include:

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(1)  Age or grade of student.

(2)  Name and address of school.

(3)  Circumstances surrounding the incident, including, but

not limited to, type of weapon, controlled substance, alcohol or

tobacco, the date, time and location of the incident, if a

person other than a student is involved in the incident and any

relationship to the school entity.

(3.1)  Race of student.

(3.2)  Whether the student has an Individualized Education

Plan under the Individuals with Disabilities Education Act

(Public Law 91-230, 20 U.S.C. § 1400 et seq.), and if so the

type of disability.

(4)  Sanction imposed by the school.

(4.1)  A list of criminal offenses which shall, at a minimum,

include:

(i)  The following offenses under 18 Pa.C.S. (relating to

crimes and offenses):

Section 908 (relating to prohibited offensive weapons).

Section 912 (relating to possession of weapon on school

property).

Chapter 25 (relating to criminal homicide).

Section 2702 (relating to aggravated assault).

Section 2709.1 (relating to stalking).

Section 2901 (relating to kidnapping).

Section 2902 (relating to unlawful restraint).

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 3124.2 (relating to institutional sexual assault).

Section 3125 (relating to aggravated indecent assault).

Section 3126 (relating to indecent assault).

Section 3301 (relating to arson and related offenses).

Section 3307 (relating to institutional vandalism), when the

penalty is a felony of the third degree.

Section 3502 (relating to burglary).

Section 3503(a) and (b)(1)(v) (relating to criminal

trespass).

Section 5501 (relating to riot).

Section 6110.1 (relating to possession of firearm by minor).

(ii)  The possession, use or sale of a controlled substance

or drug paraphernalia as defined in "The Controlled Substance,

Drug, Device and Cosmetic Act."

(iii)  Attempts, solicitation or conspiracy to commit any of

the offenses listed in subclauses (i) and (ii).

(iv)  An offense for which registration is required under 42

Pa.C.S. § 9795.1 (relating to registration).

(4.2)  The following offenses under 18 Pa.C.S., and any

attempt, solicitation or conspiracy to commit any of these

offenses:

Section 2701 (relating to simple assault).

Section 2705 (relating to recklessly endangering another

person).

Section 2706 (relating to terroristic threats).

Section 2709 (relating to harassment).

Section 3127 (relating to indecent exposure).

Section 3307 (relating to institutional vandalism), when the

penalty is a misdemeanor of the second degree.

Section 3503(b)(1)(i), (ii), (iii) and (iv), (b.1) and (b.2)

(relating to criminal trespass).

Chapter 39 (relating to theft and related offenses).

Section 5502 (relating to failure of disorderly persons to

disperse upon official order).

Section 5503 (relating to disorderly conduct).

Section 6305 (relating to sale of tobacco).

Section 6306.1 (relating to use of tobacco in schools

prohibited).

Section 6308 (relating to purchase, consumption, possession

or transportation of liquor or malt or brewed beverages).

(5)  Notification of law enforcement.

(6)  Remedial programs involved.

(7)  Parental involvement required.

(8)  Arrests, convictions and adjudications, if known.

[If a person other than a student is involved, the report

shall state the relationship of the individual involved to the

school entity.]

(b.1)  Prior to submitting the report required under

subsection (b), each chief school administrator and each police

department having jurisdiction over school property of the

school entity shall do all of the following:

(1)  No later than thirty (30) days prior to the deadline for

submitting the report required under subsection (b), the chief

school administrator shall submit the report to the police

department with jurisdiction over the relevant school property.

The police department shall review the report and compare the

data regarding criminal offenses and notification of law

enforcement to determine its accuracy.

(2)  No later than fifteen (15) days prior to the deadline

for submitting the report required under subsection (b), the

police department shall notify the chief school administrator,

in writing, whether the report accurately reflects police

incident data. Where the police department determines that the

report accurately reflects police incident data, the chief of

police shall sign the report. Where the police department

determines that the report does not accurately reflect police

incident data, the police department shall indicate any

discrepancies between the report and police incident data.

(3)  Prior to submitting the report required under subsection

(b), the chief school administrator and the police department

shall attempt to resolve discrepancies between the report and

police incident data. Where a discrepancy remains unresolved,

the police department shall notify the chief school

administrator and the office in writing.

(4)  Where a police department fails to take action as

required under clause (2) or (3), the chief school administrator 

shall submit the report required under subsection (b) and

indicate that the police department failed to take action as

required under clause (2) or (3).

(c)  [All school entities shall develop a memorandum of

understanding with local law enforcement which sets forth

procedures to be followed when an incident involving an act of

violence or possession of a weapon by any person occurs on

school property. Law enforcement protocols shall be developed in

cooperation with local law enforcement and the Pennsylvania

State Police.] Each chief school administrator shall enter into

a memorandum of understanding with police departments having

jurisdiction over school property of the school entity. Each

chief school administrator shall submit a copy of the memorandum

of understanding to the office by June 30, 2009 2010, and

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biennially update and re-execute a memorandum of understanding

with local law enforcement and file such memorandum with the

office on a biennial basis. The memorandum of understanding

shall be signed by the chief school administrator, the chief of

police of the police department with jurisdiction over the

relevant school property and principals of each school building

of the school entity. The memorandum of understanding shall

include:

(1)  Protocol for the immediate notification of the police

department when an offense listed under subsection (b)(4.1)(i),

(ii), (iii) or (iv) occurs on school property.

(2)  Protocol for notification of the police department at

the discretion of the chief school administrator regarding an

offense listed under subsection (b)(4.2) or any other offense

that occurs on school property.

(3)  Emergency and nonemergency response by the police

department. Each school district shall supply the police

department with a copy of the comprehensive disaster response

and emergency preparedness plan as required by 35 Pa.C.S. §

7701(g) (relating to duties concerning disaster prevention).

(4)  Procedures for response to student behavior as required

by 22 Pa. Code § 14.104 (relating to special education plans)

and 22 Pa. Code § 14.133 (relating to positive behavior

support).

(5)  The procedure for police department review of the

semiannual report required under subsection (b) prior to filing

with the office.

(6)  A procedure for the resolution of school violence data

discrepancies prior to filing the report required under

subsection (b) with the office.

(7)  Additional matters pertaining to crime prevention agreed

to between the chief school administrator and the police

department.

(d)  Pursuant to section 615 of the Individuals with

Disabilities Education Act (Public Law 91-230, 20 U.S.C. §

1415(k)(6)), nothing in this section shall be construed to

prohibit a school entity from reporting a crime committed by a

child with a disability to appropriate authorities or to prevent

State law enforcement and judicial authorities from exercising

their responsibilities with regard to the application of Federal

and State law to crimes committed by a child with a disability.

(e)  (1)  Notwithstanding any provision of law to the

contrary, the Department of Education may initiate disciplinary

action before the Professional Standards and Practices

Commission pursuant to the act of December 12, 1973 (P.L.397,

No.141), known as the "Professional Educator Discipline Act,"

against a chief school administrator or principal of a school

entity who intentionally fails to submit the report as required

under subsection (b) or enter into the memorandum of

understanding, report an incident involving an act of violence,

possession of a weapon or an offense listed under subsection (b)

(4.1) that occurs on school property to a police department or

submit a copy of the memorandum of understanding to the office

as required under subsection (c) or who intentionally falsifies

a report submitted as required under this section.

(2)  In addition to any other disciplinary actions set forth

in the "Professional Educator Discipline Act," a chief school

administrator or principal of a school entity who intentionally

fails to submit the report as required under subsection (b) or

enter into the memorandum of understanding, report an incident

involving an act of violence, possession of a weapon or an

offense cited under subsection (b)(4.1) that occurs on school

property to a police department or submit a copy of the

memorandum of understanding to the office as required under

subsection (c) or who intentionally falsifies a report submitted

as required under this section shall be subject to prosecution

for violation of 18 Pa.C.S. § 4904 (relating to unsworn

falsification to authorities), where appropriate, and to the

following civil penalties to be imposed by the Professional

Standards and Practices Commission for violations of this

article:

(i)  for a first violation, $2,500;

(ii)  for a second violation, $3,500; or

(iii)  for a third or subsequent violation, $5,000.

Any penalty imposed under this paragraph shall be paid to the

Department of Education and used for the support of the office.

Section 4.  This act shall take effect in 90 days.