PRINTER'S NO. 965
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
851
Session of
2019
INTRODUCED BY WHEATLEY, HARRIS, HILL-EVANS, RABB, SCHLOSSBERG,
CALTAGIRONE, A. DAVIS, KINSEY, KIRKLAND AND BULLOCK,
MARCH 18, 2019
REFERRED TO COMMITTEE ON EDUCATION, MARCH 18, 2019
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 pupils and attendance, further
providing for possession of weapons prohibited and for
suspension and expulsion of pupils.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1317.2 and 1318 of the act of March 10,
1949 (P.L.30, No.14), known as the Public School Code of 1949,
are amended to read:
Section 1317.2. Possession of [Weapons] Firearms
Prohibited.--(a) Except as otherwise provided in this section,
a school district or area vocational-technical school [shall]
may expel, for a period of not less than one year, any student
who is determined to have brought onto or is in possession of a
[weapon] firearm on any school property, any school-sponsored
activity or any public conveyance providing transportation to a
school or school-sponsored activity.
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(b) Every school district and area vocational-technical
school shall develop a written policy regarding expulsions for
possession of a [weapon] firearm as required under this section.
Expulsions shall [be conducted pursuant to] comply with all
applicable regulations.
(c) The school board, superintendent of a school district or
an administrative director of an area vocational-technical
school may recommend modifications of such expulsion
requirements for a student on a case-by-case basis.
Modifications shall be in writing and may include the duration
of the expulsion or an explanation of the decision not to expel.
The superintendent or other chief administrative officer of a
school entity shall, in the case of an exceptional student, take
all steps necessary to comply with the Individuals with
Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1400
et seq.).
(d) The provisions of this section shall not apply to the
following:
(1) a [weapon] firearm being used as part of a program
approved by a school by an individual who is participating in
the program; or
(2) a [weapon] firearm that is unloaded and is possessed by
an individual while traversing school property for the purpose
of obtaining access to public or private lands used for lawful
hunting, if the entry on school premises is authorized by school
authorities.
(e) Nothing in this section shall be construed as limiting
the authority or duty of a school or area vocational-technical
school to [make]:
(1) Make an alternative assignment or provide alternative
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educational services during the period of expulsion.
(2) Provide for other less exclusionary discipline or no
discipline for a student who is determined to have brought onto
or is in possession of a firearm on any school property, any
school-sponsored activity or any public conveyance providing
transportation to a school or school-sponsored activity.
(e.1) A school district receiving a student who transfers
from a public or private school during a period of expulsion for
an act or offense involving a [weapon] firearm may assign that
student to an alternative assignment or provide alternative
education services, provided that the assignment may not exceed
the period of expulsion.
(f) All school districts and area vocational-technical
schools shall report all incidents involving possession of a
[weapon] firearm prohibited by this section as follows:
(1) The school superintendent or chief administrator shall
report the discovery of any [weapon] firearm prohibited by this
section to local law enforcement officials.
(2) The school superintendent or chief administrator shall
report to the Department of Education all incidents relating to
expulsions for possession of a [weapon] firearm on school
grounds, school-sponsored activities or public conveyances
providing transportation to a school or school-sponsored
activity. Reports shall include all information as required
under section 1303-A.
(g) As used in this section, the term ["weapon" shall
include, but not be limited to, any knife, cutting instrument,
cutting tool, nunchaku, firearm, shotgun, rifle and any other
tool, instrument or implement capable of inflicting serious
bodily injury] "firearm" shall have the meaning given to it
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under 18 U.S.C. § 921(a)(3) (relating to definitions).
Section 1318. Suspension and Expulsion of Pupils.--(a)
Every principal or teacher in charge of a public school may
temporarily suspend any pupil on account of disobedience or
misconduct, and any principal or teacher suspending any pupil
shall promptly notify the district superintendent or secretary
of the board of school directors. The board may, after a proper
hearing, suspend such child for such time as it may determine,
or may [permanently] expel him for no longer than one year. 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.
(b) (1) A student in grades six through twelve may be
subject to:
(i) Out-of-school suspension for only the most serious
offenses and only after other documented behavioral supports and
interventions have failed.
(ii) Expulsion only for offenses involving a firearm,
distribution of alcohol or drugs or for the willful infliction
of serious bodily injury to another person.
(2) The Department of Education shall provide technical
assistance to school districts in developing student codes of
conduct that reflect best practices to reduce the overuse of
discipline that removes a student from the classroom.
(3) A student in grades six through twelve who receives
discipline under this subsection must be offered an alternative
educational setting to continue the student's education during
the pendency of the classroom removal. The alternative
educational setting shall include at least 20 hours of grade-
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level instruction per week. A plan of supportive services must
be in place prior to the student's return to the regular
classroom.
(c) (1) A student in grades kindergarten through five may
not receive an out-of-school suspension or expulsion except
under circumstances where the discipline is based on conduct
that is of a violent or sexual nature that endangers others.
(2) A student who receives discipline under paragraph (1)
must be offered an alternative educational setting to continue
the student's education during the pendency of the classroom
removal. The alternative educational setting shall include at
least 20 hours of grade-level instruction per week. A plan of
supportive services must be in place prior to the child's return
to the regular classroom.
(3) As used in this subsection, the following terms shall
have the meanings given to them in this paragraph:
"Sexual" shall mean any prohibited sexual contact that causes
harm as defined in 18 Pa.C.S. § 6312 (relating to sexual abuse
of children).
"Violent" shall mean having caused serious bodily injury as
defined in 42 Pa.C.S. § 6302 (relating to definitions).
(d) School districts shall utilize evidence-based or
research-based behavioral supports and interventions and other
appropriate remedial measures, including restorative justice
practices, to prevent the recurrence of the behavior that led to
the student's out-of-school suspension or expulsion. Any
intervention shall be designed to assist the return of the
student to a classroom setting to minimize disruption of the
student's academic instruction.
Section 2. This act shall take effect in 60 days.
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