PRINTER'S NO. 2826
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2010
Session of
2019
INTRODUCED BY FRANKEL, SCHLOSSBERG, BRIGGS, McCLINTON,
YOUNGBLOOD, HILL-EVANS, KINSEY, KOSIEROWSKI, HOHENSTEIN,
JOHNSON-HARRELL, O'MARA, FREEMAN, STEPHENS, KIRKLAND,
McCARTER, McNEILL, A. DAVIS, SHUSTERMAN, SANCHEZ, MADDEN,
ISAACSON, DEASY, DONATUCCI, PASHINSKI, CALTAGIRONE, OTTEN,
DALEY, ULLMAN, BULLOCK, MARKOSEK, DeLUCA, ROZZI, GALLOWAY,
SOLOMON, HOWARD, SCHWEYER, MULLINS, COMITTA, WILLIAMS,
MERSKI, KIM AND SIMS, OCTOBER 30, 2019
REFERRED TO COMMITTEE ON EDUCATION, OCTOBER 30, 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 Safe2Say Program, further
providing for definitions and for Safe2Say Program; in
postsecondary institution sexual harassment and sexual
violence policy and online reporting system, further
providing for definitions, for policy for postsecondary
institution sexual harassment and sexual violence and for
online reporting system; and making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1302-D of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended by adding a definition to read:
Section 1302-D. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
* * *
"Hate-based intimidation." A threat of physical injury, harm
to property or other type of injury motivated by hatred toward
an individual's or group of individuals' actual or perceived:
(1) race;
(2) color;
(3) religion;
(4) national origin;
(5) ancestry;
(6) sex;
(7) gender or gender identity;
(8) sexual orientation;
(9) intellectual disability;
(10) physical or sensory disability; or
(11) behavioral or mental health.
* * *
Section 2. Section 1303-D(c)(1) and (2) and (d) of the act,
added June 22, 2018 (P.L.327, No.44), are amended and subsection
(c) is amended by adding a paragraph to read:
Section 1303-D. Safe2Say Program.
* * *
(c) Program requirements.--Beginning January 14, 2019, the
program shall be responsible for the following:
(1) To ensure anonymous reporting concerning unsafe,
potentially harmful, dangerous, violent or criminal
activities, including, but not limited to, the reporting of
hate-based intimidation, in a school entity or the threat of
the activities in a school entity.
(2) To establish protocols and procedures to promptly
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notify the appropriate law enforcement agency via 911 centers
and the Pennsylvania State Police when the program receives
an anonymous report of violent or criminal activities,
including an anonymous report of hate-based intimidation, in
a school entity that poses an immediate threat of violence or
criminal activity.
* * *
(11) To train and provide instruction to employees of
school entities on how to recognize and report hate-based
intimidation.
(d) School entity.--Each school entity shall:
(1) develop procedures for assessing and responding to
reports received from the program[.]; and
(2) require each school in the school entity to
incorporate into periodic in-service training sessions
appropriate instruction in recognizing and reporting
behavior, including hate-based intimidation, that could pose
an immediate threat of violence or harm to students, a school
or the community.
Section 3. Article XX-J heading, added June 28, 2019
(P.L.117, No.16), is amended to read:
ARTICLE XX-J
POSTSECONDARY INSTITUTION SEXUAL HARASSMENT AND SEXUAL
VIOLENCE AND HATE-BASED INTIMIDATION POLICY AND
ONLINE REPORTING SYSTEM
Section 4. Section 2001-J of the act is amended by adding a
definition to read:
Section 2001-J. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"Hate-based intimidation." A threat of physical injury, harm
to property or other type of injury motivated by hatred toward
an individual's or group of individuals' actual or perceived:
(1) race;
(2) color;
(3) religion;
(4) national origin;
(5) ancestry;
(6) sex;
(7) gender or gender identity;
(8) sexual orientation;
(9) intellectual disability;
(10) physical or sensory disability; or
(11) behavioral or mental health.
* * *
Section 5. Sections 2002-J and 2003-J of the act, added June
28, 2019 (P.L.117, No.16), are amended to read:
Section 2002-J. Policy for postsecondary institution sexual
harassment [and], sexual violence and hate-based
intimidation.
(a) Adoption.--A postsecondary institution shall adopt a
clear, understandable written policy on sexual harassment [and],
sexual violence and hate-based intimidation that informs victims
and students of their rights under Federal and State law,
including the crime victims bill of rights. No later than June
30, 2020, a postsecondary institution shall amend its current
policy on sexual harassment and sexual violence to include
provisions to govern hate-based intimidation.
(b) Report.--
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(1) The sexual harassment [and], sexual violence and
hate-based intimidation policy under subsection (a) shall
include a provision that a witness or victim of an incident
of sexual harassment [or], sexual violence or hate-based
intimidation who reports the incident in good faith will not
be sanctioned by the institution for admitting in the report
to a violation of the institution's student conduct policy on
the personal use of drugs or alcohol.
(2) Nothing in this chapter may be construed to prohibit
a postsecondary institution from including a provision in its
sexual harassment, sexual violence and hate-based
intimidation policy to govern the receipt of reports from the
general public, provided that the public reports involve a
student of the postsecondary institution.
(c) Model policy.--The Department of Education shall develop
a model policy and make the model policy available to
postsecondary institutions. A postsecondary institution may
adopt the model policy as the policy of the institution on
sexual harassment [and], sexual violence and hate-based
intimidation.
Section 2003-J. Online reporting system.
(a) Establishment of online reporting system.--A
postsecondary institution shall establish and maintain an online
reporting system to receive complaints of sexual harassment
[and], sexual violence and hate-based intimidation from students
and employees. A report shall be investigated through the
process established in the postsecondary institution's sexual
harassment [and], sexual violence and hate-based intimidation
policy. A postsecondary institution may not fail or refuse to
investigate an anonymous report because it is anonymous.
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(b) Anonymous reports.--The online reporting system shall
permit anonymous reports, which shall be investigated in
accordance with subsection (a).
(c) Required information.--A postsecondary institution shall
provide students and employees making reports under this section
with the following:
(1) Information regarding who will receive and have
access to the reports filed.
(2) How information gathered through the online
reporting system will be used.
(3) Contact information for on-campus and off-campus
organizations serving victims of sexual harassment [and],
sexual violence and hate-based intimidation.
(d) Statement.--The online reporting system shall
prominently post the online system's policy regarding reports
and investigations of sexual harassment [and], sexual violence
and hate-based intimidation and shall encourage individuals to
review the policy for more information about procedures and
resources.
(e) Access to data.--A postsecondary institution shall limit
access to the data collected, created or maintained under
subsection (a) to only the data subject and as follows:
(1) Only individuals with explicit authorization from a
postsecondary institution may enter, update, access, share or
disseminate electronic data related to an incident of sexual
harassment [or], sexual violence and hate-based intimidation
collected, created or maintained under this section.
(2) The ability of an authorized individual to enter,
update, access, share or disseminate data must be limited
through the use of role-based access that corresponds to the
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official duties or training level of the individual and the
institutional authorization that grants access for that
purpose.
(3) Actions in which the data related to an incident of
sexual harassment [or], sexual violence or hate-based
intimidation are entered, updated, accessed, shared or
disseminated outside the postsecondary institution must be
recorded in a data audit trail.
(4) An institution shall immediately and permanently
revoke the authorization of an individual determined to have
willfully entered, updated, accessed, shared or disseminated
data in violation of this section.
(5) An institution or individual implementing, operating
or working for the program may not be compelled to produce a
record except pursuant to a court order.
Section 6. This act shall take effect immediately.
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