PRINTER'S NO. 44
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
65
Session of
2015
INTRODUCED BY GREENLEAF, KITCHEN, TEPLITZ, BOSCOLA, COSTA,
VULAKOVICH AND TARTAGLIONE, JANUARY 14, 2015
REFERRED TO EDUCATION, JANUARY 14, 2015
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," in safe schools, further providing
for definitions, for Office for Safe Schools, for reporting
and for maintenance of records.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1301-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 definitions to read:
Section 1301-A. Definitions.--As used in this article,
* * *
" Drug " shall mean controlled substance as defined under the
act of April 14, 1972 (P.L.233, No.64) , known as "The Controlled
Substance, Drug, Device and Cosmetic Act."
" Drug paraphernalia " shall mean drug paraphernalia as defined
under "The Controlled Substance, Drug, Device and Cosmetic Act."
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" Substance abuse prevention " shall include the provisions set
forth in section 1547.
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Section 2. Section 1302-A(b) and (c) introductory paragraph
of the act, amended November 17, 2010 (P.L.996, No.104) and July
9, 2014 (P.L.1039, No.122), are amended to read:
Section 1302-A. Office for Safe Schools.--* * *
(b) The office shall have the power and duty to implement
the following:
(1) To coordinate antiviolence efforts between school,
professional, parental, governmental, law enforcement and
community organizations and associations.
(2) To collect, develop and disseminate information,
policies, strategies and other information to assist in the
development of programs to [impact] deter and address school
violence and substance abuse.
(2.1) To direct all school entities to submit annual school
violence statistics and reports to the office no later than July
31 of each year.
(3) To provide direct training to school employes, parents,
law enforcement officials and communities on effective measures
to prevent and combat school violence and substance abuse.
(4) To advise school entities and nonpublic schools on the
development of policies to be used regarding substance abuse or
possession of weapons, drugs or drug paraphernalia by any
person, acts of violence and protocols for coordination with and
reporting to law enforcement officials and the Department of
Education.
(4.1) To verify the existence of corrective action plans to
reduce incidents of violence as required in the No Child Left
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Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425).
(5) To develop forms to be used by school entities and
police departments for reporting incidents involving acts of
violence [and] or substance abuse or possession of weapons,
drugs or drug paraphernalia on school property. The forms shall
be reviewed on a biennial basis and revised when necessary.
(6) To verify that each school entity has a biennially
updated and reexecuted memorandum of understanding with local
law enforcement and has filed such memorandum with the office on
a biennial basis.
(7) To publish and post on the Department of Education's
Internet website a School Safety Annual Report no later than
November 1 of each calendar year outlining all incidents
required to be reported under section 1303-A and any school
district that failed to submit a report under section 1303-A.
(8) To establish criteria, in consultation with the
Pennsylvania State Police, for certifying approved vendors to
provide school police officers to nonpublic schools for the
purposes of awarding grants under subsection (c.1)(3).
(9) To publish and post on the Department of Education's
publicly accessible Internet website a listing of all approved
vendors under paragraph (8).
* * *
(c) In addition to the powers and duties set forth under
subsection (b), the office is authorized to make targeted grants
to school entities to fund programs which address school
violence and substance abuse prevention, including:
* * *
Section 3. Section 1303-A of the act, amended November 17,
2010 (P.L.996, No.104) and June 30, 2011 (P.L.112, No.24), is
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amended to read:
Section 1303-A. Reporting.--(a) The office shall conduct a
one-time survey of all school entities to determine the number
of incidents involving acts of violence and substance abuse on
school property and all cases involving possession of a weapon,
drugs and drug paraphernalia by any person on school property
which occurred within the last five (5) years. The survey shall
be based on the best available information provided by school
entities.
(b) Each chief school administrator shall report to the
office by July 31 of each year all new incidents involving acts
of violence or substance abuse, possession of a weapon or
possession, use or sale of controlled substances as defined in
the act of April 14, 1972 (P.L.233, No.64), known as "The
Controlled Substance, Drug, Device and Cosmetic Act," or
possession, use or sale of alcohol or tobacco by any person on
school property. The incidents to be reported to the office
shall include all incidents involving conduct that constitutes a
criminal offense listed under paragraphs (4.1) and (4.2).
Reports on a form to be developed and provided by the office
shall include:
(1) Age or grade of student.
(2) Name and address of school.
(3) Circumstances surrounding the incident, including, but
not limited to, type of weapon, controlled substance, alcohol or
tobacco, the date, time and location of the incident, if a
person other than a student is involved in the incident and any
relationship to the school entity.
(3.1) Race of student.
(3.2) Whether the student has an Individualized Education
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Plan under the Individuals with Disabilities Education Act
(Public Law 91-230, 20 U.S.C. § 1400 et seq.), and if so the
type of disability.
(4) Sanction imposed by the school.
(4.1) A list of criminal offenses which shall, at a minimum,
include:
(i) The following offenses under 18 Pa.C.S. (relating to
crimes and offenses):
Section 908 (relating to prohibited offensive weapons).
Section 912 (relating to possession of weapon on school
property).
Chapter 25 (relating to criminal homicide).
Section 2702 (relating to aggravated assault).
Section 2709.1 (relating to stalking).
Section 2901 (relating to kidnapping).
Section 2902 (relating to unlawful restraint).
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3124.1 (relating to sexual assault).
Section 3124.2 (relating to institutional sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 3301 (relating to arson and related offenses).
Section 3307 (relating to institutional vandalism), when the
penalty is a felony of the third degree.
Section 3502 (relating to burglary).
Section 3503(a) and (b)(1)(v) (relating to criminal
trespass).
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Section 5501 (relating to riot).
Section 6110.1 (relating to possession of firearm by minor).
(ii) The possession, use or sale of a controlled substance
or drug paraphernalia as defined in "The Controlled Substance,
Drug, Device and Cosmetic Act."
(iii) Attempts, solicitation or conspiracy to commit any of
the offenses listed in subclauses (i) and (ii).
(iv) An offense for which registration is required under 42
Pa.C.S. § 9795.1 (relating to registration).
(4.2) The following offenses under 18 Pa.C.S., and any
attempt, solicitation or conspiracy to commit any of these
offenses:
Section 2701 (relating to simple assault).
Section 2705 (relating to recklessly endangering another
person).
Section 2706 (relating to terroristic threats).
Section 2709 (relating to harassment).
Section 3127 (relating to indecent exposure).
Section 3307 (relating to institutional vandalism), when the
penalty is a misdemeanor of the second degree.
Section 3503(b)(1)(i), (ii), (iii) and (iv), (b.1) and (b.2)
(relating to criminal trespass).
Chapter 39 (relating to theft and related offenses).
Section 5502 (relating to failure of disorderly persons to
disperse upon official order).
Section 5503 (relating to disorderly conduct).
Section 6305 (relating to sale of tobacco).
Section 6306.1 (relating to use of tobacco in schools
prohibited).
Section 6308 (relating to purchase, consumption, possession
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or transportation of liquor or malt or brewed beverages).
(5) Notification of law enforcement.
(6) Remedial programs involved.
(7) Parental involvement required.
(8) Arrests, convictions and adjudications, if known.
(b.1) Prior to submitting the report required under
subsection (b), each chief school administrator and each police
department having jurisdiction over school property of the
school entity shall do all of the following:
(1) No later than thirty (30) days prior to the deadline for
submitting the report to the office required under subsection
(b), the chief school administrator shall submit the report to
the police department with jurisdiction over the relevant school
property. The police department shall review the report and
compare the data regarding criminal offenses and notification of
law enforcement to determine whether the report accurately
reflects police incident data.
(2) No later than fifteen (15) days prior to the deadline
for the chief school administrator to submit the report required
under subsection (b), the police department shall notify the
chief school administrator, in writing, whether the report
accurately reflects police incident data. Where the police
department determines that the report accurately reflects police
incident data, the chief of police shall sign the report. Where
the police department determines that the report does not
accurately reflect police incident data, the police department
shall indicate any discrepancies between the report and police
incident data.
(3) Prior to submitting the report required under subsection
(b), the chief school administrator and the police department
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shall attempt to resolve discrepancies between the report and
police incident data. Where a discrepancy remains unresolved,
the police department shall notify the chief school
administrator and the office in writing.
(4) Where a police department fails to take action as
required under clause (2) or (3), the chief school administrator
shall submit the report required under subsection (b) and
indicate that the police department failed to take action as
required under clause (2) or (3).
(c) Each chief school administrator shall form an advisory
committee composed of relevant school staff, including, but not
limited to, principals, security personnel, school resource
officers, guidance counselors and special education
administrators, to assist in the development of a memorandum of
understanding pursuant to this section. In consultation with the
advisory committee, each chief school administrator shall enter
into a memorandum of understanding with police departments
having jurisdiction over school property of the school entity.
Each chief school administrator shall submit a copy of the
memorandum of understanding to the office by June 30, 2011, and
biennially update and re-execute a memorandum of understanding
with local law enforcement and file such memorandum with the
office on a biennial basis. The memorandum of understanding
shall be signed by the chief school administrator, the chief of
police of the police department with jurisdiction over the
relevant school property and principals of each school building
of the school entity. The memorandum of understanding shall
comply with the regulations promulgated by the State Board of
Education under section 1302.1-A and shall also include:
(1) The procedure for police department review of the annual
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report required under subsection (b) prior to the chief school
administrator filing the report required under subsection (b)
with the office.
(2) A procedure for the resolution of school violence and
substance abuse data discrepancies in the report prior to filing
the report required under subsection (b) with the office.
(3) Additional matters pertaining to crime prevention agreed
to between the chief school administrator and the police
department.
(d) Pursuant to section 615 of the Individuals with
Disabilities Education Act (Public Law 91-230, 20 U.S.C. §
1415(k)(6)), nothing in section 1302.1-A or this section shall
be construed to prohibit a school entity from reporting a crime
committed by a child with a disability to appropriate
authorities or to prevent State law enforcement and judicial
authorities from exercising their responsibilities with regard
to the application of Federal and State law to crimes committed
by a child with a disability.
(e) (1) Notwithstanding any provision of law to the
contrary, the Department of Education may initiate disciplinary
action before the Professional Standards and Practices
Commission pursuant to the act of December 12, 1973 (P.L.397,
No.141), known as the "Professional Educator Discipline Act,"
against a chief school administrator or principal of a school
entity who intentionally fails to submit the report as required
under subsection (b) or enter into the memorandum of
understanding with the police department with jurisdiction over
the relevant school property, report an incident involving an
act of violence, substance abuse, possession of a weapon or an
offense listed under subsection (b)(4.1) that occurs on school
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property to a police department or submit a copy of the
memorandum of understanding to the office as required under
subsection (c) or who intentionally falsifies a report submitted
as required under this section.
(2) In addition to any other disciplinary actions set forth
in the "Professional Educator Discipline Act," a chief school
administrator or principal of a school entity who intentionally
fails to submit the report as required under subsection (b) or
enter into the memorandum of understanding with the police
department with jurisdiction over the relevant school property,
report an incident involving an act of violence, substance
abuse, possession of a weapon or an offense cited under
subsection (b)(4.1) that occurs on school property to a police
department or submit a copy of the memorandum of understanding
to the office as required under subsection (c) or who
intentionally falsifies a report submitted as required under
this section shall be subject to prosecution for violation of 18
Pa.C.S. § 4904 (relating to unsworn falsification to
authorities). The following civil penalties may be imposed by
the Professional Standards and Practices Commission for
violations of this article:
(i) for a first violation, $2,500;
(ii) for a second violation, $3,500; or
(iii) for a third or subsequent violation, $5,000.
Any penalty imposed under this paragraph shall be paid to the
Department of Education and used for the support of the office.
Section 4. Section 1307-A of the act, added June 30, 1995
(P.L.220, No.26), is amended to read:
Section 1307-A. Maintenance of Records.--All school entities
and private schools within this Commonwealth shall maintain
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updated records of all incidents of violence or substance abuse,
incidents involving possession of a weapon, drugs or drug
paraphernalia and convictions or adjudications of delinquency
for acts committed on school property by students enrolled
therein on both a district-wide and school-by-school basis.
Records maintained under this section shall be contained in a
format developed by the Pennsylvania State Police in cooperation
with the office within ninety (90) days of the effective date of
this section. A statistical summary of these records shall be
made accessible to the public for examination by the public
during regular business hours.
Section 5. This act shall take effect in 60 days.
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