1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, providing for older student
3protection; and imposing a penalty.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 23 of the Pennsylvania Consolidated
7Statutes is amended by adding a chapter to read:

8CHAPTER 64

9OLDER STUDENT PROTECTION

10Sec.

116401. Definitions.

126402. Reporting process.

136403. Contents of report.

146404. Penalty for failure to report.

156405. Investigation.

16§ 6401. Definitions.

17The following words and phrases when used in this chapter

1shall have the meanings given to them in this section unless the
2context clearly indicates otherwise:

3"Administrator." The person responsible for the
4administration of a public or private school, intermediate unit
5or area vocational-technical school.

6"Department." The Department of Public Welfare of the
7Commonwealth.

8"Law enforcement official." The term shall include:

9(1) A police officer of a municipality.

10(2) A district attorney.

11(3) The Pennsylvania State Police.

12(4) A county sheriff.

13(5) The Attorney General.

14"School employee." An individual employed by a public or
15private school, intermediate unit or area vocational-technical
16school. The term includes an independent contractor and
17employees. The term does not include an individual who has no
18direct contact with students.

19"Serious bodily injury." An injury that:

20(1) creates a substantial risk of death; or

21(2) causes serious permanent disfigurement or protracted
22loss or impairment of the function of a body member or organ.

23"Serious injury." An injury that:

24(1) causes a person severe pain; or

25(2) significantly impairs a person's physical or mental
26functioning, either temporarily or permanently.

27"Sexual abuse." Intentionally, knowingly or recklessly
28causing or attempting to cause rape, involuntary deviate sexual
29intercourse, sexual assault, statutory sexual assault,
30aggravated indecent assault or incest, as defined by 18 Pa.C.S.

1(relating to crimes and offenses).

2"Student." An individual enrolled in a public or private
3school, intermediate unit or area vocational-technical school
4who meets all of the following:

5(1) Is 18 years of age or older.

6(2) Suffers from serious mental or learning
7disabilities.

8(3) Has been placed in an individualized education
9program.

10§ 6402. Reporting process.

11(a) Requirements.--

12(1) Except as provided under paragraph (3), a school
13employee who has reasonable cause to suspect, on the basis of
14professional or other training and experience, that a student
15is a victim of sexual abuse, serious injury or serious bodily
16injury shall immediately notify the administrator of the
17school.

18(2) The administrator of a school shall immediately
19report suspected sexual abuse, serious injury or serious
20bodily injury to law enforcement officials as follows:

21(i) Upon receiving notification by a school employee
22of suspected sexual abuse, serious injury or serious
23bodily injury under paragraph (1).

24(ii) If the administrator has cause to suspect
25sexual abuse, serious injury or serious bodily injury of
26a student.

27(3) If the individual suspected of abusing or injuring
28the student is the administrator of the school, the school
29employee shall immediately report the suspected sexual abuse,
30serious injury or serious bodily injury to law enforcement

1officials.

2(4) A school employee may not reveal the existence or
3content of a report under this subsection to any other
4person.

5(b) Immunity.--A school employee or administrator who makes
6a report under subsection (a) shall be immune from civil and
7criminal liability arising out of the report.

8§ 6403. Contents of report.

9The report shall include, at a minimum, the following
10information:

11(1) Name, age and address of the student.

12(2) Name and address of the student's guardian,
13attorney-in-fact or next of kin.

14(3) Name and address of the school.

15(4) Nature of the alleged offense.

16(5) Specific comments or observations that are directly
17related to the alleged incident and those involved.

18§ 6404. Penalty for failure to report.

19A school employee or administrator who willfully violates
20section 6402 (relating to reporting process) commits a
21misdemeanor of the third degree.

22§ 6405. Investigation.

23(a) General rule.--Upon receipt of the report under section
246402 (relating to reporting process), an investigation shall be
25conducted by law enforcement officials in cooperation with the
26district attorney, and a determination must be made as to what
27criminal charges, if any, will be filed in connection with the
28report.

29(b) Notification.--If law enforcement officials have
30reasonable cause to suspect on the basis of initial review that

1there is evidence of serious bodily injury, sexual abuse or
2serious injury committed by an individual against a student,
3local law enforcement officials shall notify a local contracted
4provider of adult protective services under the act of October
57, 2010 (P.L.484, No.70), known as the Adult Protective Services
6Act, and the department to determine if protective services are
7needed for the student.

8Section 2. The addition of 23 Pa.C.S. Ch. 64 shall apply to
9reports made on or after the effective date of this section.

10Section 3. This act shall take effect in 60 days.