PRINTER'S NO. 3243
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2219
Session of
2018
INTRODUCED BY BURNS, BRIGGS, THOMAS, HARKINS, RYAN, YOUNGBLOOD,
READSHAW, SAYLOR, DEASY, STURLA, MURT, DeLUCA, ROEBUCK,
KIRKLAND, P. COSTA, RABB, KORTZ, KINSEY AND J. McNEILL,
APRIL 3, 2018
REFERRED TO COMMITTEE ON EDUCATION, APRIL 3, 2018
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 reporting, for policy relating to
bullying 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,
"Bullying" shall mean the following:
(1) An intentional electronic, written, verbal or physical
act, or a series of acts by a student directed at another
student or students that:
(i) occurs in a school setting;
(ii) is severe, persistent or pervasive; and
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(iii) has the effect of doing any of the following:
(A) substantially interferes with a student's education;
(B) creates a threatening environment; or
(C) substantially disrupts the orderly operation of the
school.
(2) Retaliation against a student or school employe by
another student or school employe for asserting or alleging an
act of bullying.
* * *
"School setting" shall mean a school, on school grounds, in a
school vehicle, at a designated bus stop or at an activity
sponsored, supervised or sanctioned by a school.
* * *
Section 2. Section 1303-A(b) introductory paragraph, (4.1)
and (e)(1) and (2) of the act are amended and the section is
amended by adding subsections to read:
Section 1303-A. Reporting.--* * *
(b) [Each] Except as provided under subsections (b.2) and
(b.3)(1) and (2), each chief school administrator shall report
to the office by July 31 of each year all new incidents
involving acts of violence, 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:
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* * *
(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(a.1) (relating to harassment).
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).
Section 5501 (relating to riot).
Section 6110.1 (relating to possession of firearm by minor).
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(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).
* * *
(b.2) All new incidents involving cyber harassment of a
child shall be reported to the office by the chief school
administrator within thirty (30) days of the initial claim and
shall be included in the online database as provided in
subsection (b.3)(2).
(b.3) (1) The designated staff person for each school
entity shall report to the office all new incidents involving
acts of bullying reported to school officials that meet the
definition of bullying under section 1301-A within thirty (30)
days of the initial claim. Reports on a form to be developed and
provided by the office shall include the following information
for both the victim of an incident involving an act of bullying
and the perpetrator of the act of bullying:
(i) Age or grade of the student.
(ii) Name and address of the school.
(iii) Circumstances surrounding the incident, including, but
not limited to, the date, time and location of the incident,
other students who were involved and details of the incident.
(iv) Race of the student.
(v) Whether the student has an Individualized Education 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
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disability.
(vi) Sanction imposed by the school.
(vii) Parental notification.
(viii) Remedial programs involved, including a written
bullying action plan.
(ix) Prior incidents of bullying or cyber harassment by the
student within the same academic year.
(2) Incidents reported to the office under this subsection
shall be recorded monthly with aggregate data per school entity
made available in an online bullying reports database on the
office's publicly accessible Internet website.
(3) Incidents reported under subsections (b.2) and (b.3)
shall be reported annually with the criminal offenses as
provided in subsection (b).
* * *
(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, designated staff person or
principal of a school entity who intentionally fails to submit
the report as required under subsection (b) [or], (b.2) or (b.3)
or fails to 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,
possession of a weapon or an offense listed 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
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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, designated staff person or principal of a school
entity who intentionally fails to submit the report as required
under subsection (b) [or], (b.2) or (b.3) or fails to 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, 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.
(f) For the purpose of this section, "cyber harassment"
shall mean activity that constitutes an offense under 18 Pa.C.S.
§ 2709(a.1) (relating to harassment).
Section 3. Section 1303.1-A(a), (d) and (e) of the act are
amended to read:
Section 1303.1-A. Policy Relating to Bullying.--(a) No
later than January 1, 2009, each school entity shall adopt a
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policy or amend its existing policy relating to bullying 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]:
(1) 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]
(2) Identify the appropriate school staff person to receive
reports of incidents of alleged bullying.
(3) Outline the procedure that the appropriate staff person
will use to track verified acts of bullying and transmit reports
to the office.
* * *
(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).]
paragraphs (1)(ii) or (iii) or (2) of the definition of
"bullying" in section 1301-A. 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.
[(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;
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(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
"school setting" shall mean in the school, on school grounds,
in school vehicles, at a designated bus stop or at any activity
sponsored, supervised or sanctioned by the school.]
Section 4. Section 1307-A of the act is amended to read:
Section 1307-A. Maintenance of Records.--All school entities
and private schools within this Commonwealth shall maintain
updated records of all incidents of violence, incidents
involving possession of a weapon, incidents of bullying or cyber
harassment 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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