PRINTER'S NO. 2510
No. 1932 Session of 2001
INTRODUCED BY PHILLIPS, COLAFELLA, HESS, ARMSTRONG, BEBKO-JONES,
BUNT, CALTAGIRONE, CAPPELLI, CASORIO, CLARK, CORRIGAN, DALEY,
J. EVANS, GEORGE, HARHAI, HARHART, KELLER, LEDERER, PALLONE,
PICKETT, PISTELLA, RUBLEY, SATHER, SCHRODER, SHANER,
E. Z. TAYLOR, J. TAYLOR, TRICH, WASHINGTON, WATSON, WILT,
YOUNGBLOOD, YUDICHAK AND ZIMMERMAN, SEPTEMBER 25, 2001
REFERRED TO COMMITTEE ON EDUCATION, SEPTEMBER 25, 2001
AN ACT
1 Relating to preventing harassment, intimidation and bullying in
2 public schools; and making an appropriation.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Legislative purpose.
6 The General Assembly declares that a safe and civil
7 environment in schools is necessary for students to learn and
8 for administrators and teachers to achieve high academic
9 standards. Harassment, intimidation and bullying disrupts both
10 the students' ability to learn and the schools' ability to
11 educate. Students learn by example, and the General Assembly
12 commends those school directors, administrators, teachers, staff
13 members and volunteers for demonstrating appropriate behavior,
14 for treating others with civility and respect, and for refusing
15 to tolerate harassment, intimidation and bullying in their
16 educational institutions.
1 Section 2. Definitions.
2 The following words and phrases when used in this act shall
3 have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 "Department." The Department of Education of the
6 Commonwealth.
7 "Harassment, intimidation or bullying." An intentional
8 gesture or a written, verbal or physical action which either:
9 (1) A reasonable person under the circumstances should
10 know will have the effect of:
11 (i) Harming a student or damaging his property.
12 (ii) Putting a student in fear of personal harm or
13 property damage.
14 (iii) Undermining a student's self respect.
15 (2) Is sufficiently severe, persistent or pervasive that
16 it creates what a reasonable person under the circumstances
17 would find to be a hostile educational environment.
18 "School entity." A public school building which contains
19 classrooms and is in use to educate students.
20 Section 3. Adoption of policy.
21 (a) Duty.--A school entity shall adopt a policy prohibiting
22 harassment, intimidation and bullying. Except as provided in
23 subsection (b), the school entity shall have local control over
24 the policy's contents. It is recommended that the policy be
25 adopted through a process which includes parents, school
26 personnel, students and community members.
27 (b) Requirements.--A policy shall include, at a minimum, the
28 following components:
29 (1) A statement prohibiting harassment, intimidation and
30 bullying of a student.
20010H1932B2510 - 2 -
1 (2) A definition of harassment, intimidation and
2 bullying which is no less inclusive than that definition
3 which is set forth in section 2.
4 (3) A requirement that if an allegation is determined to
5 be unfounded, a record of the allegation may not be kept in
6 either the allegedly offensive or offended student's file.
7 (4) A requirement that the school entity notify the
8 parents or guardians of students who are involved in
9 incidents of harassment, intimidation or bullying.
10 (c) Availability.--A school entity shall post its adopted
11 policy in the public area of its main office on or before
12 September 1, 2002.
13 (d) Publication.--In addition to posting its policy, a
14 school entity shall publish its policy in the official student
15 handbook and in any other publication which sets forth the
16 rules, procedures or standards of conduct expected by the school
17 entity of its students, teachers, administrators and other
18 school personnel.
19 (e) Model policy development.--To assist school entities in
20 developing policies for the prevention of harassment,
21 intimidation and bullying, the department shall develop a model
22 policy on or before December 1, 2001, and make its availability
23 known to the school districts.
24 Section 4. Limited immunity.
25 A school employee, student or volunteer is immune from a
26 cause of action arising from his failure to remedy an incident
27 of harassment, intimidation or bullying if he:
28 (1) In good faith, promptly reports an incident of
29 harassment, intimidation or bullying to an appropriate school
30 official.
20010H1932B2510 - 3 -
1 (2) Makes this report in compliance with the school
2 entity's policy.
3 Section 5. Prevention programs.
4 (a) Collaboration.--A school entity may form programs and
5 take other initiatives to prevent harassment, intimidation and
6 bullying, and may involve school administrators, faculty and
7 other personnel, students, volunteers, parents, law enforcement
8 officers and community members in these efforts.
9 (b) Communications.--The school entity's policy against
10 harassment, intimidation and bullying shall be included in each
11 new employee's training and orientation program. In addition, to
12 the extent that moneys are available for these purposes, a
13 school entity shall do the following:
14 (1) Provide training to school personnel and volunteers
15 about its policy on harassment, intimidation and bullying.
16 (2) Develop a process for discussing the policy with all
17 of its students.
18 Section 6. Appropriation.
19 The sum of $100,000, or as much thereof as may be necessary,
20 is hereby appropriated to the Department of Education for the
21 fiscal year July 1, 2001, to June 30, 2002, to carry out the
22 provisions of this act.
23 Section 7. Effective date.
24 This act shall take effect as follows:
25 (1) Section 6 and this section shall take effect July 1,
26 2001.
27 (2) The remainder of this act shall take effect November
28 1, 2001.
F20L24JAM/20010H1932B2510 - 4 -