PRINTER'S NO. 833
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
857
Session of
2023
INTRODUCED BY HANBIDGE, HOHENSTEIN, SANCHEZ, KAZEEM, RABB,
MADDEN, HILL-EVANS, FLEMING, CIRESI, KINKEAD, N. NELSON AND
KHAN, APRIL 10, 2023
REFERRED TO COMMITTEE ON EDUCATION, APRIL 10, 2023
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 and for
reporting.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "chief school administrator"
and "school property" in section 1301-A 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 1301-A. Definitions.--As used in this article,
"Chief school administrator" shall mean the superintendent of
a public school district, superintendent of an area career and
technical school, executive director of an intermediate unit
[or], chief executive officer of a charter school or governing
body of a nonpublic school.
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"School property" shall mean any public school or nonpublic
school grounds, any school-sponsored activity or any conveyance
providing transportation to a school entity or nonpublic school
or school-sponsored activity.
* * *
Section 2. Sections 1302-A(b)(6) and 1303-A(b)(3), (b.1)
introductory paragraph, (c) introductory paragraph, (d) and (e)
of the act are amended to read:
Section 1302-A. Office for Safe Schools.--* * *
(b) The office shall have the power and duty to implement
the following:
* * *
(6) To verify that each school entity and nonpublic school
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.
* * *
Section 1303-A. Reporting.--* * *
(b) 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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(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 or nonpublic school.
* * *
(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 or nonpublic school shall do all of the following:
* * *
(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 or
nonpublic school. Each chief school administrator shall submit a
copy of the memorandum of understanding to the office by June
30, 2011, and, in the case of a nonpublic school, by June 30,
2024, 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 or nonpublic school.
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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:
* * *
(d) Pursuant to [section 615 of the Individuals with
Disabilities Education Act (Public Law 91-230, 20 U.S.C. §
1415(k)(6))] 20 U.S.C. § 1415(k)(6) (relating to procedural
safeguards), nothing in section 1302.1-A or this section shall
be construed to prohibit a school entity or nonpublic school
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 or nonpublic school 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, 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 a report submitted
as required under this section.
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(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 or nonpublic
school 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, 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 3. This act shall take effect in 60 days.
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