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," in duties and powers of boards of
6school directors, further providing for rules and regulations
7and safety patrols and for possession of weapons prohibited;
8and, in pupils and attendance, for suspension and expulsion
9of pupils.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1.  Section 510 of the act of March 10, 1949 (P.L.30, 
13No.14), known as the Public School Code of 1949, amended June 
1429, 1976 (P.L.450, No.110), is amended to read:

15Section 510.  Rules and Regulations; Safety Patrols.--(a) 
16The board of school directors in any school district may adopt
17and enforce such reasonable rules and regulations as it may deem
18necessary and proper, regarding the management of its school
19affairs and the conduct and deportment of all superintendents,
20teachers, and other appointees or employes during the time they

1are engaged in their duties to the district, as well as
2regarding the conduct and deportment of all [pupils] students
3attending the public schools in the district, during such time
4as they are attending school or school-related activities, are 
5present on school property or in buses or other vehicles 
6provided by the district, or otherwise are under the supervision
7of the board of school directors and teachers, including the
8time necessarily spent in coming to and returning from
9school[.], and pertaining to activities of students regardless 
10of time or place likely to cause or causing substantial 
11disruption of or material interference with school activities or 
12the orderly and safe administration of the schools.

13(b)  In the exercise of this authority the board of school
14directors is empowered to organize school safety patrols and,
15with the permission of the parents, to appoint [pupils] students
16as members thereof, for the purpose of influencing and
17encouraging the other [pupils] students to refrain from crossing
18public highways at points other than at regular crossings, and
19for the purpose of directing [pupils] students not to cross
20highways at times when the presence of traffic would render such
21crossing unsafe. Nothing herein contained shall be construed to
22authorize or permit the use of any safety patrol member for the
23purpose of directing vehicular traffic, nor shall any safety
24patrol member be stationed in that portion of the highway
25intended for the use of vehicular traffic. No liability shall
26attach either to the school district, or any individual
27director, student, superintendent, teacher, or other school
28employe, by virtue of the organization, maintenance, or
29operation of a school safety patrol organized, maintained, and
30operated under authority of this section.

1(c)  All flags, belts, apparel and devices issued, supplied
2or furnished to persons acting in the capacity of special school
3police, or special police appointed to control and direct
4traffic at or near schools, in order to enhance the conspicuity
5of such persons, shall be made from retro-reflective and
6fluorescent materials visible both day and night at three
7hundred (300) feet to approaching motorists using lawful low
8beam headlights and shall conform to standards, specifications,
9or regulations issued by the State Board of Education. All belts
10supplied or furnished to [pupils] students active in the
11capacity of school safety patrol members shall be fluorescent.

12Section 2.  Section 1317.2(e.1) of the act, amended June 25, 
131997 (P.L.297, No.30), is amended to read:

14Section 1317.2.  Possession of Weapons Prohibited.--* * *

15[(e.1)  A school district receiving a student who transfers
16from a public or private school during a period of expulsion for
17an act or offense involving a weapon may assign that student to
18an alternative assignment or provide alternative education
19services, provided that the assignment may not exceed the period
20of expulsion.]

21* * *

22Section 3.  Section 1318 of the act, amended February 8, 1980 
23(P.L.3, No.2), is amended to read:

24Section 1318.  Suspension and Expulsion of [Pupils.--]
25Students.--(a)  (1)  Every principal or teacher in charge of a
26public school may temporarily suspend any [pupil] student on
27account of disobedience or misconduct, and any principal or
28teacher suspending any [pupil] student shall promptly notify the
29district superintendent or secretary of the board of school
30directors.

1(2)  The board may, after a proper hearing, suspend such
2[child] student for such time as it may determine, or may
3permanently expel [him] the student. Such hearings, suspension,
4or expulsion may be delegated to a duly authorized committee of
5the board, or to a duly qualified hearing examiner, who need not
6be a member of the board, but whose adjudication must be
7approved by the board.

8(3)  The board and designated committees or hearing examiners 
9acting pursuant to this section may administer oaths to 
10witnesses and issue subpoenas as provided in section 1128.

11(b)  (1)  A public school entity may suspend, expel or deny
12admission to a student suspended or expelled from another public
13school entity or nonpublic school, until the period of
14suspension or expulsion has expired, if such suspension or
15expulsion was imposed due to misconduct of a nature that would
16subject students in the receiving entity to possible suspension
17or expulsion.

18(2)  (i)  Denial of admission to a transferring student based
19on suspension or expulsion from or misconduct in a prior school
20entity shall be treated as suspension or expulsion for purposes
21of this section.

22(ii)  A student returning to the program of the school
23district of residence after withdrawing from or being expelled
24or suspended from an area vocational-technical school is a
25transferring student for purposes of this section.

26(3)  No hearing otherwise required under subsection (a) shall
27be necessary if suspension, expulsion or denial of admission
28under paragraph (1) is based upon an adjudication issued in
29accordance with this section by the board or joint operating
30committee of the prior entity of enrollment, as evidenced by a

1certified copy of such adjudication.

2(4)  A school entity may, after hearing in accordance with
3subsection (a), suspend, expel or deny admission to a
4transferring student who has committed misconduct while enrolled
5in another public or nonpublic school of a nature that would
6subject students in the receiving entity to possible suspension
7or expulsion, but who withdrew from the prior school entity
8before disciplinary proceedings based on the misconduct were
9initiated or completed.

10(5)  (i)  A receiving school entity may enroll a student
11transferring from another public or nonpublic school entity in
12its regular program on a provisional basis pending receipt of a
13certified copy of the student's disciplinary record and sworn
14statement as required under section 1304-A.

15(ii)  If the disciplinary record or sworn statement reveals a
16history of misconduct while enrolled in the prior entity, in
17addition to other disposition authorized under this section and
18to the extent consistent with the disciplinary standards,
19policies and procedures of the receiving entity, the student may
20be reassigned to an alternative education program and may be
21deemed ineligible to participate in extracurricular activities.

22(6)  A receiving school entity may, consistent with its
23disciplinary standards, policies and procedures, impose other
24forms of discipline or disciplinary assignment or impose
25conditions of admission or continued enrollment based on a
26transferring student's expulsion or suspension from or
27misconduct while enrolled in a prior school entity, in lieu of
28or in combination with denial of admission, suspension or
29expulsion.

30(c)  (1)  The board of school directors may, in connection

1with any expulsion, suspension, denial of admission or
2disciplinary reassignment of a student, impose conditions for
3admission or readmission to or continuation in the school
4entity's regular or alternative education programs.

5(2)  Violation of or failure to meet such conditions may
6become the basis for denial of admission, readmission or
7subsequent disciplinary action, including exclusion from or
8reassignment within the school entity's regular or alternative
9education programs.

10(3)  (i)  The board may designate a person or persons to
11determine whether such conditions have been met or violated.

12(ii)  The hearing requirements of subsection (a) are not
13applicable to a determination that a student is not eligible for
14readmission or to remain in probationary continued enrollment
15because of violation of or failure to meet such conditions.

16(d)  (1)  Notwithstanding any other provision of this
17section, a hearing otherwise required under subsection (a) may
18be waived in a written agreement providing for the student's
19disciplinary exclusion from school programs for a specified
20period of time, entered into by the board of school directors
21and the student and, in the case of a student under eighteen
22(18) years of age, the parent or guardian having primary custody
23of the student.

24(2)  Any such agreement shall be filed permanently in the
25student's disciplinary records and shall be treated in the same
26way as an adjudication of expulsion for purposes of subsections
27(b) and (c), this subsection and Article XIII-A.

28(3)  Consideration by the board of a proposed agreement in
29lieu of hearing shall not constitute grounds for disqualifying
30the board or members thereof from participating in a hearing or

1taking other action pursuant to this section in the event the
2agreement is not approved by the board.

3(4)  The agreements shall set forth:

4(i)  A summary of the reason for the exclusion.

5(ii)  The effective date and expiration date of the period of
6exclusion.

7(iii)  The date when the student may be considered for
8earlier readmission.

9(iv)  A summary of the procedural rights the student would
10have been afforded at a hearing.

11(v)  Agreed conditions of readmission or of probationary
12continued enrollment, if any.

13(vi)  Any other terms and conditions of the agreed
14disciplinary disposition.

15(e)  Nothing in this section shall be construed to:

16(1)  Alter the obligations of school entities pursuant to the 
17Individuals with Disabilities Education Act (Public Law 91-230, 
1820 U.S.C. § 1400 et seq.) and Federal regulations thereunder 
19relating to the discipline of students with disabilities.

20(2)  Exempt an expelled student or the student's parents or
21legal guardians from compulsory education requirements or the
22penalties contained in sections 1333, 1338 and 1338.1 if they
23fail to provide the student with a sufficient alternate
24placement program.

25Section 4.  This act shall take effect immediately.