1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," further providing for policy relating
6to bullying.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1.  Section 1303.1-A of act of March 10, 1949
10(P.L.30, No.14), known as the Public School Code of 1949, added
11July 9, 2008 (P.L.846, No.61), is amended to read:

12Section 1303.1-A.  Policy Relating to Bullying.--(a)  No
13later than January 1, 2009, each school entity shall adopt a
14policy or amend its existing policy relating to bullying and
15incorporate the policy into the school entity's code of student
16conduct required under 22 Pa. Code § 12.3(c) (relating to school
17rules). The policy shall delineate disciplinary consequences for
18bullying and may provide for prevention, intervention and
19education programs, provided that no school entity shall be

1required to establish a new policy under this section if one
2currently exists and reasonably fulfills the requirements of
3this section. The policy shall identify the appropriate school
4staff person to receive reports of incidents of alleged
5bullying.

6(a.1)  No later than January 1, 2014, each school entity
7shall amend its existing policy relating to bullying in
8accordance with the requirements of this section. The school 
9entity shall adopt the policy through a process that includes
10representation of parents or guardians, school employees,
11volunteers, students, administrators and community
12representatives. A school entity shall have local control over
13the content of the policy, except that the policy shall contain,
14at a minimum, the following components:

15(1)  a statement prohibiting bullying of a student as defined
16in subsection (e);

17(2)  a description of the type of behavior expected from each
18student;

19(3)  consequences and appropriate remedial action for a
20person who commits an act of harassment, intimidation or
21bullying;

22(4)  a procedure for reporting an act of bullying, including
23a provision that permits a person to report an act of bullying
24anonymously; however, this shall not be construed to permit
25formal disciplinary action solely on the basis of an anonymous
26report. All acts of bullying shall be reported verbally to the
27school principal on the same day when a school employee or
28contracted service provider witnesses or receives reliable
29information regarding any such incident. The principal shall
30inform the parents or guardians of all students involved in the

1alleged incident and may discuss, as appropriate, the
2availability of counseling and other intervention services. All
3acts of bullying shall be reported in writing to the school
4principal within two school days of when the school employee or
5contracted service provider witnessed or received reliable
6information that a student had been subject to bullying;

7(5)  a procedure for prompt investigation of reports of
8violations and complaints, which procedure shall at a minimum
9provide that:

10(i)  the investigation shall be initiated by the principal or
11the principal's designee within one school day of the report of
12the incident and shall be conducted by a school antibullying
13specialist. The principal may appoint additional personnel who
14are not school antibullying specialists to assist in the
15investigation. The investigation shall be completed as soon as
16possible, but not later than ten (10) school days from the date
17of the written report of the incident of bullying. In the event
18that there is information relative to the investigation that is
19anticipated but not yet received by the end of the ten-day
20period, the school antibullying specialist may amend the
21original report of the results of the investigation to reflect
22the information;

23(ii)  the results of the investigation shall be reported to
24the superintendent of schools within two (2) school days of the
25completion of the investigation, and the superintendent may
26decide to provide intervention services, establish training
27programs to reduce bullying and enhance school climate, impose
28discipline, order counseling as a result of the findings of the
29investigation or take or recommend other appropriate action;

30(iii)  the results of each investigation shall be reported to

1the board of school directors no later than the date of the
2board meeting next following the completion of the
3investigation, along with information on any services provided,
4training established, discipline imposed or other action taken
5or recommended by the superintendent;

6(iv)  parents or guardians of the students who are parties to
7the investigation shall be entitled to receive information about
8the investigation, in accordance with Federal or State law and
9regulation, including the nature of the investigation, whether
10the district found evidence of bullying or whether discipline
11was imposed or services provided to address the incident of
12bullying. This information shall be provided in writing within
13five (5) school days after the results of the investigation are
14reported to the board of school directors. A parent or guardian
15may request a hearing before the board after receiving the
16information, and the hearing shall be held within ten (10) days
17of the request. The board shall meet in executive session for
18the hearing to protect the confidentiality of the students. At
19the hearing the board may hear from the school antibullying
20specialist about the incident, recommendations for discipline or
21services and any programs instituted to reduce such incidents;

22(v)  at the next board of school directors meeting following
23its receipt of the report, the board of school directors shall
24issue a decision, in writing, to affirm, reject or modify the
25superintendent's decision. The board's decision may be appealed
26to the Department of Eduction, in accordance with the procedures
27set forth in law and regulation, no later than the ninety (90)
28days after the issuance of the board's decision; and

29(vi)  a parent, student, guardian or organization may file a 
30complaint with the Human Relations Commission within one hundred 

1eighty (180) days of the occurrence of any incident of bullying 
2based on membership in a protected group as enumerated in the 
3act of October 27, 1955 (P.L.744, No.222), known as the 
4"Pennsylvania Human Relations Act";

5(7)  the range of ways in which a school will respond once an
6incident of bullying is identified, which shall be defined by
7the principal in conjunction with the school antibullying
8specialist, but shall include an appropriate combination of
9counseling, support services, intervention services and other
10programs, as defined by the Department of Education;

11(8)  a statement that prohibits reprisal or retaliation
12against any person who reports an act of bullying and the
13consequence and appropriate remedial action for a person who
14engages in reprisal or retaliation;

15(9)  consequences and appropriate remedial action for a
16person found to have falsely accused another as a means of
17retaliation or as a means of bullying;

18(10)  a statement of how the policy is to be publicized,
19including notice that the policy applies to participation in
20school-sponsored functions and actions occurring off school
21grounds;

22(11)  a requirement that the name, school telephone number, 
23school address and school e-mail address of the district 
24antibullying coordinator be listed on the home page of the 
25school entity's Internet website and that on the home page of 
26each school's Internet website the name, school telephone 
27number, school address and school e-mail address of the school 
28antibullying specialist and the district antibullying 
29coordinator be listed. The information concerning the district 
30antibullying coordinator and the school antibullying specialists 

1shall also be maintained on the Department of Education's 
2Internet website.

3(a.2)  To assist school entities in developing policies for
4the prevention of bullying, the Department of Education shall
5develop a model policy applicable to grades kindergarten through 
6twelve (12). This model policy shall be issued no later than
7September 1, 2013. The department shall update the model policy
8as the department deems necessary.

9(a.3)  Notice of the school entity's policy shall appear in
10any publication of the school entity that sets forth the
11comprehensive rules, procedures and standards of conduct for the
12school entity and in any student handbook.

13(a.4)  Nothing in this section shall prohibit a school entity
14from adopting a policy that includes components that are more
15stringent than the components set forth in this section.

16(b)  Each school entity shall make the policy available on
17its publicly accessible Internet website, if available, and in
18every classroom. Each school entity shall post the policy at a
19prominent location within each school building where such
20notices are usually posted and shall distribute the policy 
21annually to parents and guardians who have children enrolled in 
22the school entity. Each school entity shall ensure that the
23policy and procedures for reporting bullying incidents are
24reviewed with students within ninety (90) days after their
25adoption and thereafter at least once each school year.

26(c)  Each school entity shall review its policy [every three
27(3) years and annually provide the office with a copy of its
28policy relating to bullying, including information related to
29the development and implementation of any bullying prevention,
30intervention and education programs] annually making any 

1necessary revisions and additions. The school entity shall 
2include input from the school antibullying specialists in 
3conducting its reevaluation, reassessment and review. The school 
4entity shall transmit a copy of the revised policy to the 
5Department of Education within thirty (30) school days of the 
6revision. The information required under this subsection shall
7be attached to or made part of the annual report required under
8section 1303-A(b).

9(d)  [In its policy relating to bullying adopted or
10maintained under subsection (a), a school entity shall not be
11prohibited from defining bullying in such a way as to encompass
12acts that occur outside a school setting if those acts meet the
13requirements contained in subsection (e)(1), (3) and (4). If a]
14A school entity [reports] shall report acts of bullying to the
15office in accordance with section 1303-A(b)[, it shall report
16all incidents that qualify as bullying under the entity's
17adopted definition of that term].

18(e)  For purposes of this article, "bullying" shall mean an
19intentional electronic, written, verbal or physical act, or a
20series of acts:

21(1)  directed at another student or students;

22(2)  which occurs in a school setting or off school grounds 
23that substantially disrupts or interferes with the orderly 
24operation of the school or the rights of other students;

25(3)  that is severe, persistent or pervasive; and

26(4)  that has the effect of doing any of the following:

27(i)  substantially interfering with a student's education;

28(ii)  creating a threatening environment; [or]

29(iii)  [substantially disrupting the orderly operation of the
30school; and] physically or emotionally harming a student or 

1damaging a student's property, or placing a student in 
2reasonable fear of physical or emotional harm to the student's 
3person or property; or

4(iv)  insulting or demeaning any student or group of
5students; and

6"school setting" shall mean in the school, on school grounds,
7in school vehicles, at a designated bus stop or at any activity
8sponsored, supervised or sanctioned by the school.

9Section 2.  This act shall take effect in 60 days.