PRINTER'S NO. 645

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

576

Session of

2015

INTRODUCED BY QUIGLEY, BISHOP, V. BROWN, CONKLIN, D. COSTA, COX,

ELLIS, A. HARRIS, KORTZ, MILLARD, MURT, QUINN, READSHAW,

SAYLOR, SIMMONS, SONNEY AND VEREB, FEBRUARY 23, 2015

laws relating thereto," in safe schools, further providing

for reporting and for policy relating to bullying; and

providing for Department of Education requirements and

responsibilities.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1303-A of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949, is

amended by adding a subsection to read:

Section 1303-A. Reporting.--* * *

Act," necessary to implement any modifications in mandatory

reporting deadlines deemed necessary by the State Board of

Education. The Statewide advisory committee shall include:

(1) A police chief.

(2) A juvenile public defender.

(3) A school superintendent.

(4) A school principal.

(5) A district attorney.

(6) A school district solicitor.

(7) An in-school probation officer.

(v) The Pennsylvania State Police.

Section 2. Section 1303.1-A of the act, added July 9, 2008

(P.L.846, No.61), is amended to read:

Section 1303.1-A. Policy Relating to Bullying.--(a) No

later than January 1, [2009] 2016, each school entity shall

adopt [a] the model policy developed by the Department of

Education pursuant to section 1303.2-A(a)(1), adopt its own

policy or amend its existing policy [relating to] prohibiting

bullying and incorporate the policy into the school entity's

code of student conduct required under 22 Pa. Code § 12.3(c)

under this section if one currently exists and reasonably

fulfills the requirements of this section. The policy shall

identify the appropriate school staff person to receive reports

of incidents of alleged bullying.], retaliation, threats and

intentionally false reports and shall identify by job title the

appropriate school employe to receive reports of alleged

incidents of bullying and the school employe responsible for

ensuring that the policy is implemented. The policy shall be

implemented in a manner that is integrated with the school

entity's discipline policies and other violence prevention

whether or not originating on school premises, if the electronic

communication:

(i) is a substantial cause of a student's physical harm or

objectively reasonable emotional distress while on school

premises;

(ii) causes a substantial disruption of school activities on

school premises; or

(iii) puts a student in reasonable fear of returning to

school.

(2) A statement prohibiting retaliation, threats and

on its publicly accessible Internet website, if available, in

every classroom and at a prominent location within each school

building where such notices are usually posted.

(4) A statement that the school entity shall ensure the

policy and procedures for reporting alleged incidents of

bullying are reviewed with students within ninety (90) days

after their adoption and thereafter at least once per school

year.

(5) A statement that the school entity shall review its

policy every three (3) years and annually provide the office

office and to the police department as follows:

(i) All alleged incidents of bullying shall be reported to

the office in the report required under section 1303-A(b).

(ii) All alleged incidents of bullying that may constitute

criminal behavior shall be reported to the police department

with jurisdiction over the relevant school property under the

procedures set forth in section 1303-A(b.1) and 22 Pa. Code

Chapter 10 (relating to safe schools).

(7) A procedure for providing immediate notification to the

parent or guardian of a target or perpetrator of an alleged

ensuring the safety of the target of the alleged incident and to

permit law enforcement authorities the opportunity to conduct an

investigation. Before any student accused of bullying is

interviewed by the principal or designee, the accused student's

parent or guardian shall be notified of the allegations and

shall have the opportunity to attend any interviews conducted

with the student as part of the investigation.

(8) A procedure for reporting an alleged incident of

bullying, including a provision that permits a person to report

the incident anonymously. No formal disciplinary action shall be

student who commits an incident of bullying, retaliation,

threats or intentionally false reports against another student.

(11) A strategy for providing counseling or referral to

appropriate services, including guidance, academic intervention

and protection, to students who are either targets or

perpetrators of bullying.

(12) Provisions for the formation of bullying prevention

task forces, programs and other initiatives involving school

employes, students, administrators, volunteers, parents, law

enforcement, community members and other stakeholders, if and to

(i) identifying bullying as defined in this section;

(ii) the circumstances in which electronic communication

constitutes bullying; and

(iii) preventing, receiving reports of, reporting,

investigating and responding to incidents of bullying, including

necessary parent notification and the interplay between existing

criminal laws and the school entity's bullying policy.

Annual training for administrators and school employes shall be

incorporated into a school entity's professional education plan

required under section 1205.1.

(iv) how to report an alleged incident of bullying;

(v) the disciplinary policy applicable to bullying,

retaliation, threats and intentional false reports;

(vi) the criminal liability associated with certain forms of

bullying; and

(vii) the liability associated with related forms of

criminal behavior, including taking or sending certain types of

photographs.

The educational program shall be approved by the Department of

Education or the governing body of the school entity.

its publicly accessible Internet website, if available, and in

every classroom. Each school entity shall post the policy at a

prominent location within each school building where such

notices are usually posted. Each school entity shall ensure that

the policy and procedures for reporting bullying incidents are

reviewed with students within ninety (90) days after their

adoption and thereafter at least once each school year.

(c) Each school entity shall review its policy every three

(3) years and annually provide the office with a copy of its

policy relating to bullying, including information related to

not be prohibited from defining bullying in such a way as to

encompass acts that occur outside a school setting if those acts

[meet the requirements] otherwise satisfy the definition of

"bullying" contained in subsection [(e)(1), (3) and (4)] (e). If

a school entity reports [acts] incidents of bullying to the

office in accordance with section 1303-A(b), it shall report all

incidents that qualify as bullying under the entity's adopted

definition of that term.

(d.1) A school employe, school volunteer, student, parent or

guardian who reports in good faith an incident of alleged

out of the reporting itself or any failure to remedy the

reported incident.

(d.2) Nothing in this section shall be construed:

(1) to prevent a target of bullying from seeking redress

under any other available civil or criminal law; or

(2) to infringe upon the right of a school employe or

student to engage in speech or expression protected by the

Constitution of the United States or the Constitution of

Pennsylvania. It shall be presumed that all verbal expression,

whether oral, written or electronic, relating to religious,

"bullying" shall mean an intentional electronic, written,

verbal or physical act, or a series of acts by one or more

students:

(1) directed at another student or students;

(2) which occurs in a school setting;

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

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

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

(ii) creating [a] an objectively threatening environment; or

(iii) substantially disrupting the orderly operation of the

which communication includes, but is not limited to, e-mail,

instant messaging, text messaging, blogs, online games and

Internet websites; and

"school setting" shall mean in the school, on school grounds,

in school buses, in school vehicles, at a designated bus stop or

at any activity or event sponsored, supervised or sanctioned by

the school.

Section 3. The act is amended by adding a section to read:

Section 1303.2-A. Department of Education Requirements and

Responsibilities.--(a) The Department of Education shall have

Education pursuant to paragraph (1) or in any school entity

policy developed under section 1303.1-A.

(3) Periodically review school entity programs, activities

and services to determine whether school entities are complying

with section 1303.1-A.

(4) Establish and maintain a central repository for the

collection and analysis of information regarding bullying.

(b) Distribution of safe schools funds to a school entity,

to the extent funds are appropriated by the General Assembly for

this purpose, shall be contingent upon the following: