INTRODUCED BY MANN, BEYER, BRENNAN AND SAMUELSON, APRIL 18, 2007
SENATOR ARMSTRONG, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JULY 4, 2008
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," further providing for transfer of records.
IN PRELIMINARY PROVISIONS, FURTHER PROVIDING FOR BACKGROUND
CHECKS OF PROSPECTIVE EMPLOYEES AND CONVICTION OF EMPLOYEES OF
CERTAIN OFFENSES AND PROHIBITING CERTAIN REGULATIONS FOR THE
2008-2009 SCHOOL YEAR; IN SCHOOL FINANCES, FURTHER PROVIDING FOR
ANNUAL BUDGET, ADDITIONAL OR INCREASED APPROPRIATIONS AND
TRANSFER OF FUNDS; IN PUPILS AND ATTENDANCE, PROVIDING FOR
CLASSROOM PLACEMENT OF TWINS AND HIGHER ORDER MULTIPLES AND
PARENTAL DISCRETION; IN SAFE SCHOOLS, FURTHER PROVIDING FOR OFFICE
FOR SAFE SCHOOLS, PROVIDING FOR POLICY RELATING TO BULLYING,
AND FURTHER PROVIDING FOR TRANSFER OF RECORDS; IN EDUCATIONAL
SUPPORT SERVICES AND EDUCATIONAL ASSISTANCE PROGRAMS, FURTHER
PROVIDING FOR EDUCATIONAL ASSISTANCE PROGRAM; IN EARLY LEARNING
PROGRAMS, FURTHER PROVIDING FOR DEFINITIONS; IN HIGH SCHOOLS,
ESTABLISHING THE VIRTUAL HIGH SCHOOL STUDY COMMISSION; IN CHARTER
SCHOOLS, FURTHER PROVIDING FOR REQUIREMENTS, FOR TERM AND FORM OF
CHARTER, FOR FACILITIES, FOR ENROLLMENT, FOR TRANSPORTATION AND
FOR CAUSES FOR NONRENEWAL OR TERMINATION; IN EDUCATION
EMPOWERMENT, FURTHER PROVIDING FOR BOARD OF SCHOOL DIRECTORS,
FOR EDUCATION EMPOWERMENT DISTRICTS AND FOR MANDATE WAIVER
PROGRAM;
Below are the clauses that apply to school bullying
SECTION 1. SECTION 111(B) AND (C.1) OF THE ACT OF MARCH 10,
1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949,
AMENDED DECEMBER 19, 1990 (P.L.1362, NO.211) AND JULY 20, 2007…
(C) IN ADDITION TO THE POWERS AND DUTIES SET FORTH UNDER
SUBSECTION (A), THE OFFICE IS AUTHORIZED TO MAKE TARGETED
GRANTS TO SCHOOLS TO FUND PROGRAMS WHICH ADDRESS SCHOOL
VIOLENCE, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING
PROGRAMS:
(1) CONFLICT RESOLUTION OR DISPUTE MANAGEMENT.
(2) PEER HELPERS PROGRAMS.
(3) RISK ASSESSMENT, SAFETY-RELATED OR VIOLENCE PREVENTION
CURRICULA.
(4) CLASSROOM MANAGEMENT.
(5) STUDENT CODES OF CONDUCT.
(6) TRAINING TO UNDERTAKE A DISTRICTWIDE ASSESSMENT OF RISK
FACTORS THAT INCREASE THE LIKELIHOOD OF PROBLEM BEHAVIORS
AMONG STUDENTS.
(7) DEVELOPMENT AND IMPLEMENTATION OF RESEARCH-BASED VIOLENCE
PREVENTION PROGRAMS THAT ADDRESS RISK FACTORS TO REDUCE
INCIDENTS OF PROBLEM BEHAVIORS AMONG STUDENTS INCLUDING,
BUT NOT LIMITED TO, BULLYING. (This counts for point 6 on the
grading scale – requiring anti bullying programs)
(8) COMPREHENSIVE, DISTRICTWIDE SCHOOL SAFETY AND VIOLENCE
PREVENTION PLANS.
(9) SECURITY PLANNING, PURCHASE OF SECURITY-RELATED TECHNOLOGY
WHICH MAY INCLUDE METAL DETECTORS, PROTECTIVE LIGHTING,
SURVEILLANCE EQUIPMENT, SPECIAL EMERGENCY COMMUNICATIONS
EQUIPMENT, ELECTRONIC LOCKSETS, DEADBOLTS AND THEFT CONTROL
DEVICES AND TRAINING IN THE USE OF SECURITY- RELATED TECHNOLOGY.
SECURITY PLANNING AND PURCHASE OF SECURITY-RELATED TECHNOLOGY
SHALL BE BASED ON SAFETY NEEDS IDENTIFIED BY THE SCHOOL
ENTITY'S BOARD OF DIRECTORS.
(10) INSTITUTION OF STUDENT, STAFF AND VISITOR IDENTIFICATION
SYSTEMS.
(11) ESTABLISHMENT OR ENHANCEMENT OF SCHOOL SECURITY
PERSONNEL, INCLUDING SCHOOL RESOURCE OFFICERS.
(12) PROVISION OF SPECIALIZED STAFF AND STUDENT TRAINING
PROGRAMS, INCLUDING TRAINING FOR STUDENT ASSISTANCE PROGRAM
TEAM MEMBERS IN ELEMENTARY, MIDDLE AND HIGH SCHOOLS IN THE
REFERRAL OF STUDENTS AT RISK OF VIOLENT BEHAVIOR TO
APPROPRIATE COMMUNITY-BASED SERVICES, INCLUDING MENTAL HEALTH
SERVICES.
(13) ALTERNATIVE EDUCATION PROGRAMS PROVIDED FOR IN ARTICLE
XIX-C.
(14) COUNSELING SERVICES FOR STUDENTS ENROLLED IN ALTERNATIVE
EDUCATION PROGRAMS.
SECTION 6. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 1303.1-A. POLICY RELATING TO BULLYING.— (Covers
point 1 and 2 on www.bullypolice.org/grade.html)
(A) NO LATER THAN JANUARY 1, 2009, EACH SCHOOL ENTITY SHALL
ADOPT A 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). (Covers point 4 – How to make policy)
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 REPORTS OF INCIDENTS OF ALLEGED BULLYING.
(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.
(Will give ½ point for 11 on the grading scale)
(C) EACH SCHOOL ENTITY SHALL REVIEW ITS POLICY EVERY THREE (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). (Will
give ½ point for 5 on the grading scale)
(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). 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: (Cyberbullying clause – covers number 12)
(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 "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. (Defines bullying – This counts for point 3 on the
grading scale)
SECTION 34. THIS ACT SHALL APPLY RETROACTIVELY TO JULY 1, 2008.
SECTION 35. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. (This
counts for point 7 on the grading scale – www.bullypolice.org/grade.html)
