PRINTER'S NO. 3775
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2292
Session of
2015
INTRODUCED BY WHEATLEY, COOK-ARTIS, ROZZI, J. HARRIS, THOMAS,
PHILLIPS-HILL AND SAVAGE, AUGUST 18, 2016
REFERRED TO COMMITTEE ON EDUCATION, AUGUST 18, 2016
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 for suspension and
expulsion of pupils.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1318 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949,
amended February 8, 1980 (P.L.3, No.2), is amended to read:
Section 1318. Suspension and Expulsion of Pupils.--(a)
Every principal or teacher in charge of a public school may
temporarily suspend [any] a pupil [on account of disobedience or
misconduct, and any] for the following reasons:
(1) For a pupil in grades six through twelve, a principal or
teacher may temporarily suspend the pupil for disobedience or
misconduct.
(2) For a pupil in grades kindergarten through five, a
principal or teacher may temporarily suspend the pupil for the
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following conduct on school grounds:
(i) causing, attempting to cause or threatening to cause
physical injury to another person;
(ii) willfully using force or violence upon the person of
another, except in self-defense;
(iii) possessing, selling or otherwise furnishing a firearm,
knife, explosive or other dangerous object, unless the pupil has
obtained written permission to possess the item from a certified
school employe, and the permission has been verified by the
principal or the designee of the principal;
(iv) unlawfully possessing, using, selling or otherwise
furnishing, or is or has been under the influence of, any
controlled substance;
(v) unlawfully offering, arranging or negotiating to sell
any controlled substance, alcoholic beverage, intoxicant or any
liquid, substance or material that the pupil represented as a
controlled substance, alcoholic beverage or intoxicant; or
(vi) any other extreme conduct as determined by the
principal or teacher in charge of a public school.
(b) A principal or teacher suspending any pupil under
subsection (a) shall promptly notify the district superintendent
or secretary of the board of school directors.
(c) The board may, after a proper hearing, suspend such
child for such time as it may determine, or may permanently
expel him. Such hearings, suspension, or expulsion may be
delegated to a duly authorized committee of the board, or to a
duly qualified hearing examiner, who need not be a member of the
board, but whose adjudication must be approved by the board.
Section 2. This act shall take effect in 60 days.
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