Regular Session 2017-2018 House Bill 1147 P.N. 1370

PRINTER'S NO. 1370

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1147

Session of

2017

INTRODUCED BY BRIGGS, DRISCOLL, FRANKEL, SCHLOSSBERG, KINSEY,

SIMS, YOUNGBLOOD, SCHWEYER, V. BROWN, BULLOCK, McNEILL,

READSHAW, FREEMAN, MURT, DAVIS, MULLERY, FITZGERALD,

D. COSTA, DONATUCCI, HILL-EVANS, KIM, NEILSON, DeLUCA, DEASY,

WARREN AND CONKLIN, APRIL 12, 2017

REFERRED TO COMMITTEE ON EDUCATION, APRIL 12, 2017

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 certification of teachers, further

providing for program of continuing professional education;

and, in safe schools, further providing 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 1205.2(a) of the act of March 10, 1949

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

amended July 13, 2016 (P.L.716, No.86), is amended to read:

Section 1205.2. Program of Continuing Professional

Education.--(a) A continuing professional education program is

hereby established for professional educators, the satisfactory

completion of which is required to maintain active

certification. Except as provided in subsections (n.1) and

(n.2), the continuing professional education program shall

require the satisfactory completion of continuing professional

education every five (5) years, which shall include[:], in

addition to two hours of instruction on harassment,

intimidation, bullying and cyberbullying prevention:

(1) six (6) credits of collegiate study;

(2) six (6) credits of continuing professional education

courses;

(3) one hundred eighty (180) hours of continuing

professional education programs, activities or learning

experiences; or

(4) any combination of collegiate studies, continuing

professional education courses, or other programs, activities or

learning experiences equivalent to one hundred eighty (180)

hours.

* * *

Section 2. Section 1303.1-A of the act is amended to read:

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

later than January 1, [2009] 2018, each school entity shall

adopt a policy or amend its existing policy [relating to

bullying] prohibiting harassment, intimidation, bullying on

school property, at a school-sponsored function or on a school

bus and cyberbullying, and incorporate the policy into the

school entity's code of student conduct required under 22 Pa.

Code § 12.3(c) (relating to school rules). The policy shall

delineate disciplinary consequences for bullying and [may

provide for prevention, intervention and education programs,

provided that no school entity shall be required to establish a

new policy 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

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reports of incidents of alleged bullying.] shall identify by job

title, the appropriate school staff person to receive reports of

incidents of alleged bullying and the school officials

responsible for ensuring that the policy is implemented. The

school entity shall involve students, parents, administrators,

school staff, school volunteers, community representatives and

local law enforcement agencies in the process of adopting the

policy. The school entity policy shall be implemented in a

manner that is ongoing throughout the school year and integrated

with the school's curriculum, discipline policies and other

violence prevention efforts. Any discipline imposed under the

policy must fall within the school entity's authority under

section 510. The policy shall contain, at a minimum, the

following components:

(1) A statement prohibiting harassment, intimidation,

bullying and cyberbullying of a student.

(2) The definition of harassment, intimidation, bullying and

cyberbullying.

(3) A description of the type of behavior expected from each

student.

(4) Consequences and appropriate remedial action for a

person who commits an act of harassment, intimidation, bullying

or cyberbullying.

(5) (i) A procedure for reporting an act of harassment,

intimidation, bullying or cyberbullying, including a provision

that permits a person to report an act of harassment,

intimidation, bullying or cyberbullying anonymously. The

procedure shall also include the following provisions:

(A) All acts of harassment, intimidation, bullying or

cyberbullying shall be reported verbally to the school principal

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on the same day when the school employe witnessed or received

reliable information regarding any such incident.

(B) The principal shall inform the parents or guardians of

all students involved in the alleged incident immediately,

unless the principal has reason to believe that taking such

action would jeopardize the health, well-being or safety of one

or more of the students involved in the alleged incident, or

another person related or unrelated to the incident. The

principal may discuss, as appropriate, the availability of

counseling and other intervention or protective services.

cyberbullying shall be reported in writing to the principal

within two (2) school days of when the school employe witnessed

or received reliable information that a student had been subject

to harassment, intimidation, bullying or cyberbullying.

(ii) This paragraph shall not be construed to permit formal

disciplinary action solely on the basis of an anonymous report.

(6) A procedure for prompt investigation of reports of

violations and complaints, which procedure shall at a minimum

provide that:

(i) (A) The investigation shall be initiated by the

principal or the principal's designee within one school day of

the report of the incident and shall be conducted by a school

antibullying specialist. The principal may appoint additional

personnel who are not school antibullying specialists to assist

in the investigation.

(B) The investigation shall be completed as soon as

possible, but not later than ten (10) school days from the date

of the written report of the incident of harassment,

intimidation, bullying or cyberbullying.

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that is anticipated but not yet received by the end of the ten-

day period, the school antibullying specialist may amend the

original report of the results of the investigation to reflect

the information.

(ii) The results of the investigation shall be reported to

the superintendent within two (2) school days of the completion

of the investigation and the superintendent may decide to

provide intervention services, establish training programs to

reduce harassment, intimidation, bullying or cyberbullying and

enhance school climate, impose discipline, order counseling as a

result of the findings of the investigation or take or recommend

other appropriate action.

(iii) The results of each investigation shall be reported to

the board of school directors no later than the date of the

board meeting next following the completion of the

investigation, along with information on services provided,

training established, discipline imposed or other action taken

or recommended by the superintendent.

(iv) (A) Parents or guardians of the students who are

parties to the investigation shall be entitled to receive

information about the investigation, in accordance with Federal

and State law and regulation, including the nature of the

investigation, whether the school entity found evidence of

harassment, intimidation, bullying or cyberbullying, or whether

discipline was imposed or services provided to address the

incident of harassment, intimidation, bullying or cyberbullying.

This information shall be provided in writing within five (5)

school days after the results of the investigation are reported

to the board.

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(B) A parent or guardian may request a hearing before the

board after receiving the information, and the hearing shall be

held within ten (10) days of the request.

hearing to protect the confidentiality of the students.

(D) At the hearing the board may hear from the school

antibullying specialist about the incident, recommendations for

discipline or services and programs instituted to reduce such

incidents.

(v) (A) At the next board of school directors meeting

following its receipt of the report, the board shall issue a

decision, in writing, to affirm, reject or modify the

superintendent's decision.

(B) The board's decision may be appealed to the State Board

of Education, in accordance with the procedures set forth in law

and regulation, no later than ninety (90) days after the

issuance of the board of school directors' decision.

(7) The range of ways in which a school will respond once an

incident of harassment, intimidation, bullying or cyberbullying

is identified. The response shall be determined by the principal

in conjunction with the school antibullying specialist and shall

include an appropriate combination of counseling, support

services, intervention services and other programs, as defined

by the Secretary of Education.

(8) A statement that prohibits reprisal or retaliation

against a person who reports an act of harassment, intimidation,

bullying or cyberbullying, including a witness or one with

reliable information about such an act, and the consequence and

appropriate remedial action for a person who engages in reprisal

or retaliation.

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(9) Consequences and appropriate remedial action for a

person found to have falsely accused another as a means of

retaliation or as a means of harassment, intimidation, bullying

or cyberbullying.

(10) A statement of the manner in which the policy is to be

publicized, including notice that the policy applies to

participation in school-sponsored functions.

(11) A requirement that a link to the policy be prominently

posted on the school entity's publicly accessible Internet

website and distributed annually to parents and guardians who

have children enrolled in a school of the school entity. The

policy shall also be posted at a prominent location within each

school building where such notices are usually posted.

(12) A requirement that the name, school telephone number,

school address and school e-mail address of the antibullying

coordinator and the school antibullying specialists be listed on

the school entity's publicly accessible Internet website. The

information concerning the district antibullying coordinator and

the school antibullying specialists shall also be maintained on

the Department of Education's publicly accessible Internet

website.

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

the policy and procedures for reporting bullying are reviewed

with students within ninety (90) days after their adoption and

thereafter at least once per school year.

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

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

with a copy of its policy prohibiting harassment, intimidation,

bullying and cyberbullying, including information related to the

development and implementation of harassment, intimidation,

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bullying and cyberbullying prevention, intervention and

education programs. The information required under this

paragraph shall be attached to or made part of the annual report

required under section 1303-A(b). If the school entity reports

acts of harassment, intimidation, bullying and cyberbullying to

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

all incidents that qualify as harassment, intimidation, bullying

and cyberbullying.

(15) Provisions for the formation of bullying prevention

task forces, programs and other initiatives involving school

staff, pupils, administrators, volunteers, parents, law

enforcement officials, community members and other stakeholders,

as deemed appropriate by the school entity.

(16) Annual training for administrators, school employes and

volunteers who have significant contact with students in

preventing, identifying, responding to and reporting incidents

of harassment, intimidation, bullying or cyberbullying.

(17) An educational program for students and parents in

preventing, identifying, responding to and reporting incidents

of harassment, intimidation, bullying or cyberbullying.

(18) A procedure for each school to document a prohibited

incident that is reported and a procedure to report all

incidents of harassment, intimidation, bullying or cyberbullying

and the resulting consequences, including discipline and

referrals, to the State Board of Education on a semiannual

basis.

(19) A procedure for reporting to law enforcement all acts

of harassment, intimidation, bullying or cyberbullying that may

constitute criminal activity.

(20) A statement that the policy shall apply to an

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electronic communication, whether or not the communication

originated on school property or with school equipment, so long

as either of the following applies:

(i) A reasonable person would know, under the circumstances,

that the communication would have the effect of:

(A) harming a student or damaging the student's property or

placing a student in reasonable fear of harm to the student's

person or damage to the student's property; and

(B) isolating or demeaning a student or group of students in

such a way as to cause substantial disruption in, or substantial

interference with, the orderly operation of the school.

(ii) The communication is directed specifically at students,

is intended for the purpose of disrupting school and has a high

likelihood of succeeding in that purpose.

(21) A requirement that all students shall be protected

regardless of their status under the law.

(22) A requirement that notice of a school district's policy

shall appear in any publication of the school district that

states the comprehensive rules, procedures and standards of

conduct for schools within the school district and in any

student handbook.

[(b) Each school entity shall make the policy available on

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.

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

policy relating to bullying, including information related to

the development and implementation of any bullying prevention,

intervention and education programs. The information required

under this subsection shall be attached to or made part of the

annual report required under section 1303-A(b).]

(d) In its policy relating to bullying adopted or maintained

under subsection (a), a school entity shall 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 contained in subsection [(e)(1), (3) and (4)] (e)

(1) and (3). If a school entity reports acts 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 entity shall annually conduct a survey of its

middle school and high school students relating to harassment,

intimidation, bullying and cyberbullying.

(e) For purposes of this article[, "bullying" shall mean an

intentional electronic, written, verbal or physical act, or a

series of acts:

(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 threatening environment; or

(iii) substantially disrupting the orderly operation of the

school; and]:

"Electronic communication" shall mean any communication

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through an electronic device, including, but not limited to, a

telephone, cellular phone, computer or pager, which

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

messaging, text messaging, blogs, mobile phones, pagers, online

games and Internet websites.

"Harassment, intimidation, bullying and cyberbullying" shall

mean a written, verbal or physical act, or an electronic

communication, including, but not limited to, one shown to be

motivated by a student's actual or perceived race, color,

religion, national origin, ancestry or ethnicity, sexual

orientation, physical, mental, emotional or learning disability,

gender, gender identity and expression or other distinguishing

personal characteristic or based on association with any such

characteristic, when the written verbal or physical act or

electronic communication:

(1) is directed at another student;

(2) occurs in a school setting or through the use of data,

telephone or computer software that is accessed through a

computer, computer system or computer network of a public

educational institution; and

(3) has the effect of doing any of the following:

(i) substantially interfering with a student's educational

opportunities;

(ii) being so severe, persistent or pervasive that it

creates an intimidating or threatening educational environment

in the view of both the targeted student and a reasonable school

official;

(iii) substantially disrupting the orderly operation of the

school; or

(iv) physically harming a student or damaging a student's

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property.

"[school] 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

the following duties to enforce compliance with section 1303.1-

(1) Develop a model policy and training materials on the

components that should be included in a school entity policy

developed under section 1303.1-A.

(2) Periodically review school district programs, activities

and services to determine whether the school boards are

complying with section 1303.1-A.

(3) Compile and make available to all schools a list of

programs appropriate for the prevention of harassment,

intimidation, bullying or cyberbullying of students.

(4) Establish and maintain a central repository for the

collection and analysis of information regarding harassment,

intimidation, bullying or cyberbullying.

(5) Report to the General Assembly annually on the current

levels and nature of harassment, intimidation and bullying in

the schools and the effectiveness of school policies under this

statute in combating harassment, intimidation, bullying or

cyberbullying, including recommendations for appropriate actions

to address identified problems.

(b) A school employe, school volunteer, student, parent or

guardian who promptly reports in good faith an act of

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harassment, intimidation, bullying or cyberbullying to the

appropriate school official designated in the school district's

policy established under section 1303.1-A and who makes this

report in compliance with the procedures set forth in the policy

is immune from a cause of action for damages arising out of the

reporting itself or a failure to remedy the reported incident.

district shall be contingent upon the State Board of Education's

approval of each school district policy established under

section 1303.1-A. The board's approval of each school district's

policy shall be granted upon certification by the board that the

school district's policy has been submitted to the board and is

in substantial conformity with the board's model policy.

(2) Distribution of safe schools funds provided to a school

district shall be contingent upon and payable to the school

district upon the school district's compliance with all

reporting procedures contained in this section and section

1303.1-A.

(d) Nothing in this article shall be construed:

(1) to prevent a target of harassment, intimidation,

bullying or cyberbullying from seeking redress under any other

available law either civil or criminal; 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.

Section 4. This act shall take effect in 60 days.

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