PRIOR PRINTER'S NO. 338 PRINTER'S NO. 1034
No. 332 Session of 1999
INTRODUCED BY GREENLEAF, SCHWARTZ, HOLL, MELLOW, LEMMOND,
BOSCOLA, TOMLINSON, COSTA, KASUNIC, SALVATORE, MUSTO, O'PAKE,
STOUT AND WAGNER, FEBRUARY 8, 1999
SENATOR RHOADES, EDUCATION, AS AMENDED, MAY 4, 1999
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," providing for good Samaritan immunity
6 for school employees; further providing for defacing, <--
7 injuring or destroying property used for school purposes and
8 for authority of teachers, vice principals and principals
9 over pupils; providing for school policies for drug or
10 alcohol violations, for conflict resolution training and for
11 the requirements for governing adjudicated delinquents;
12 further providing for the suspension and expulsion of pupils,
13 for exceptional children, their education and training, for
14 reporting of incidents of school violence and for transfer of
15 records; providing for school violence reporting requirements
16 for school employees, for school safety committees and for
17 notification to parents and guardians of victims of school
18 violence; and further defining "school."
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
22 as the Public School Code of 1949, is amended by adding a
23 section to read:
24 Section 113. Good Samaritan Immunity for School Employes.--
25 (a) Any employe of a public school who in good faith believes
1 that a pupil needs emergency care, first aid or rescue and who
2 provides such emergency care, first aid or rescue to the pupil
3 or who removes the pupil receiving such emergency care, first
4 aid or rescue to a hospital or other place of medical care shall
5 be immune from civil or criminal liability as a result of any <--
6 acts or omissions by the employe, except any acts or omissions
7 intentionally designed to seriously harm or any grossly
8 negligent acts or omissions which result in serious bodily harm
9 to the pupil receiving emergency care.
10 (b) As used in this section, the term "good faith" shall
11 include, but not be limited to, a reasonable nonmedical opinion
12 that the immediacy of the situation is such that the rendering
13 of care should not be postponed.
14 Section 2. Section 777 of the act is amended by adding <--
15 subsections to read:
16 Section 777. Defacing, Injuring or Destroying Property Used
17 for School Purposes; Penalty.--* * *
18 (c) A board of school directors of a school district owning
19 property shall maintain a civil action to recover compensatory
20 damages not exceeding fifty thousand dollars ($50,000) plus
21 court costs from the parent or legal guardian of a minor who
22 willfully damages property belonging to the school district or
23 who commits acts against the school district cognizable as an
24 offense under 18 Pa.C.S. § 3307 (relating to institutional
25 vandalism). A finding of willful destruction of property or
26 commission of acts cognizable as a theft offense shall not be
27 dependent upon a prior finding that the minor is delinquent or
28 dependent child or upon the minor's conviction of any criminal
29 offense.
30 (d) (1) If a court renders a judgment in favor of a board
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1 of school directors of a school district under this section, the
2 court shall order full restitution unless the board and the
3 parent or legal guardian agree that the minor and the parent or
4 legal guardian will perform community service in lieu of full
5 payment of the judgment.
6 (2) If an agreement is reached, the court shall order the
7 minor and the parent or the legal guardian to perform community
8 service in lieu of providing full payment of the judgment. In
9 the order, the court shall specify the amount to be paid by the
10 minor and the parent or legal guardian, the type and number of
11 hours of community service to be performed and any other
12 conditions necessary to carry out the order.
13 Section 3 2. Section 1317 of the act, amended July 25, 1963 <--
14 (P.L.315, No.169), is amended to read:
15 Section 1317. Authority of Teachers[,] and Vice Principals
16 [and Principals over Pupils].--[Every teacher, vice principal
17 and principal in the public schools shall have the right to
18 exercise the same authority as to conduct and behavior over the
19 pupils attending his school, during the time they are in
20 attendance, including the time required in going to and from
21 their homes, as the parents, guardians or persons in parental
22 relation to such pupils may exercise over them.] (a) (1) In <--
23 all matters relating to the discipline in and conduct of the
24 public schools, public school employes and school administrators
25 shall be in the same relation to pupils as parents and
26 guardians. This relationship shall extend to all activities
27 connected with the public schools, including, but not limited
28 to, any activity conducted during the school day or during the
29 time a pupil is traveling to or from school or traveling to or
30 from a school-sponsored activity or during any academic,
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1 athletic or extracurricular activity sponsored by the school
2 district at any time.
3 (2) (B) Public school employes and administrators shall be <--
4 immune from civil or criminal liability for any action taken in <--
5 good faith with regard to any pupil at any time for the safety
6 and supervision of the pupil or for the safety and supervision
7 of others, including, but not limited to, pupils, public school
8 employes, visitors or the professional employe or administrator
9 taking such action.
10 (b) The State Board of Education shall, if necessary, <--
11 promulgate regulations regarding corporal punishment in a manner
12 which is consistent with this section.
13 (c) Each public school entity shall provide all public
14 school employes with guidelines and annual training on
15 techniques for safely restraining pupils who are engaged in
16 violent behavior.
17 Section 4 3. The act is amended by adding sections to read: <--
18 Section 1317.4. School Policies for Drug or Alcohol
19 Violations.--(a) The General Assembly finds a compelling public
20 interest in ensuring that schools are safe and drug free for all
21 students and school employes.
22 (b) The State Board of Education shall adopt and each board
23 of school directors shall uniformly enforce drug and alcohol
24 policies that protect all pupils and other members of the school
25 population. THESE POLICIES SHALL INCLUDE ALL OF THE FOLLOWING: <--
26 (1) EXAMPLES OF BEHAVIORS THAT CONSTITUTE AN INFRACTION OF
27 THE DRUG-FREE SCHOOLS POLICY.
28 (2) PENALTIES FOR INFRACTIONS OF THE DRUG-FREE SCHOOLS
29 POLICY.
30 (3) GUIDELINES FOR DEALING WITH PUPILS OR WITH OTHER PERSONS
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1 WHO ARE IN POSSESSION OF DRUGS OR ALCOHOL ON SCHOOL PROPERTY,
2 WHILE TRAVELING ON A PUBLIC CONVEYANCE PROVIDING TRANSPORTATION
3 TO OR FROM SCHOOL, OR AT A SCHOOL-SPONSORED ACTIVITY.
4 (c) The State Board of Education shall require school <--
5 districts to modify their policies, practices and procedures to
6 ensure a safe environment free from illegal drugs and alcohol.
7 These modifications shall include the formulation of a
8 discipline plan setting forth policies, practices and procedures
9 dealing with pupils or with other persons who take onto or are
10 in possession of illegal drugs or alcohol on school property,
11 while traveling to or going from school or a school-sponsored
12 activity, including on a public conveyance providing
13 transportation to or from school or a school-sponsored activity.
14 The plan shall include uniform drug-free policies and uniform
15 penalties for violation of the policies mandated by this
16 section.
17 (C) SCHOOL POLICIES FOR DRUG AND ALCOHOL VIOLATIONS SHALL BE <--
18 INCLUDED IN A SCHOOL DISTRICT'S CODE OF STUDENT CONDUCT.
19 (d) The superintendent of a school district shall
20 immediately report to the local law enforcement agency a pupil
21 who violates a policy concerning illegal drugs and alcohol
22 adopted by the board of school directors of that school
23 district. If the pupil is enrolled in a public school in this
24 Commonwealth, the board of school directors of that school of
25 the school district shall immediately suspend that pupil from
26 attending regular classes and schedule a hearing to consider the
27 pupil's:
28 (1) suspension for at least the remainder of the academic
29 year;
30 (2) placement an alternative education program under this
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1 act; or
2 (3) permanent expulsion.
3 (e) If a pupil is suspended, pursuant to a hearing of a
4 board of school directors, for violating a policy mandated by
5 this section, that pupil may not be admitted to any public
6 school in this Commonwealth until the pupil has satisfied each
7 requirement imposed by the board of school directors as a
8 condition for readmission. To comply with the requirements of
9 this subsection, a school superintendent shall review the
10 records of each pupil who transfers into the school district
11 under the jurisdiction of that superintendent to determine
12 whether the pupil is being disciplined pursuant to the policies
13 mandated by this section.
14 (f) Any pupil found by a board of school directors of <--
15 violating a drug or alcohol policy shall be required to
16 participate in counseling performed by the school psychologist,
17 school guidance counselor or by a psychiatrist hired by the
18 district until such time as the individual who is performing the
19 counseling submits a written report to the board of school
20 directors certifying that the pupil does not represent a threat
21 to the safety or security of himself, any other pupil or any
22 other member of the school population of the school district.
23 (g) (F) A school district shall report all new incidents <--
24 involving violations of policies concerning illegal drugs and
25 alcohol at least twice a year to the Secretary of Education on a
26 form developed and provided by the Department of Education. The
27 form shall include:
28 (1) The age or grade of this pupil.
29 (2) The name and address of this school.
30 (3) The circumstances surrounding the incident.
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1 (4) Any sanction imposed by the school.
2 (5) Any notification to a law enforcement agency.
3 (6) Any remedial program involved.
4 (7) The parental involvement required.
5 (8) Any arrest, conviction or adjudication, if known.
6 Section 1317.5. Conflict Resolution Training.--(a) School
7 employes in each school district of this Commonwealth shall
8 receive annual training in conflict resolution from a trainer
9 whom the board of directors of the school district deems
10 qualified in the area of conflict resolution. The training shall
11 include, but not be limited to, a review of the impact of media
12 violence upon children.
13 (b) Pupils attending public elementary and secondary schools
14 shall receive regular instruction in conflict resolution. Such
15 training shall include, but shall not be limited to, critical
16 thinking instruction about media depiction of violence and shall
17 incorporate instruction in humane education as required pursuant
18 to section 1514. Pupils manifesting difficulty with conflict
19 resolution shall be referred for assistance to qualified and
20 trained guidance counselors.
21 Section 5 4. Section 1318 of the act, amended February 8, <--
22 1980 (P.L.3, No.2), is amended to read:
23 Section 1318. Suspension and Expulsion of Pupils.--(a)
24 Every principal or teacher in charge of a public school may
25 temporarily suspend any pupil on account of disruption, <--
26 disobedience or misconduct or on account of any violent action <--
27 taken by the pupil which places the pupil or other person in
28 danger of or in reasonable apprehension of serious personal
29 injury, and any principal or teacher suspending any pupil shall
30 promptly notify the district superintendent or secretary of the
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1 board of school directors. The board may, after a proper
2 hearing, suspend such child for such time as it may determine,
3 or may permanently expel [him] such pupil. Such hearings, <--
4 suspension, or expulsion may be delegated to a duly authorized
5 committee of the board, or to a duly qualified hearing examiner,
6 who need not be a member of the board, but whose adjudication
7 must be approved by the board.
8 (b) (1) Notwithstanding the discretion vested in the board <--
9 by subsection (a) to determine whether to expel or suspend a
10 pupil and to determine the length of a suspension, the board
11 shall suspend a pupil for at least the remainder of the school
12 year, place a pupil in a full-time alternative education program
13 as provided for by law for at least the remainder of the school
14 year or permanently expel the pupil if, after a proper hearing,
15 the board determines that the pupil has taken violent action
16 without good cause which places the pupil or other person in
17 danger of or in reasonable apprehension of serious personal
18 injury or if the board determines that the pupil is a habitually
19 disruptive pupil.
20 (2) (i) (B) (1) It shall be the duty of the district <--
21 superintendent, prior to admitting a pupil who is transferring
22 from another school district, to obtain and to thoroughly review
23 the pupil's records in order to ascertain whether the pupil has
24 been or is being disciplined under clause (1) DISCIPLINED OR IS <--
25 CURRENTLY UNDER DISCIPLINARY ACTION, INCLUDING, BUT NOT LIMITED
26 TO, EXPULSION, SUSPENSION OR PLACEMENT IN AN ALTERNATIVE
27 EDUCATION PROGRAM or, if the pupil is transferring from another
28 state, is being disciplined pursuant to a statutory or
29 regulatory disciplinary provision from the other state. In the
30 event that the pupil's records indicate that the pupil is
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1 currently being disciplined under this section or under
2 disciplinary provisions from another state, the superintendent
3 shall continue the terms of the discipline imposed by the
4 pupil's former district.
5 (ii) (2) It shall further be the duty of the district <--
6 superintendent to notify other school officials, including
7 employes within the district who have legitimate interest, of
8 this pupil's current or prior discipline record pursuant to this
9 section or pursuant to disciplinary provisions from another
10 state.
11 (iii) (3) Any district superintendent who fails to perform <--
12 the duties provided in this section shall be personally liable
13 for a fine of not more than two hundred fifty dollars ($250) for
14 the first offense and not more than one thousand dollars
15 ($1,000) for any subsequent offense and shall be subject to
16 disciplinary action affecting the commission of the
17 superintendent.
18 (c) Subsections (a) and (b)(1) shall not apply to a pupil <--
19 classified as an exceptional child when the pupil's actions are
20 a manifestation of the pupil's disability. If the pupil's
21 actions are not a manifestation of disability, the board must
22 comply with the requirements under the Individuals with
23 Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1400
24 et seq.).
25 (d) As used in this section, the following words and phrases
26 shall have the meanings given to them in this subsection:
27 "Alternative education program" shall mean a program
28 established pursuant to section 1901-C.
29 "Disruptive pupil" shall have the same meaning the term
30 "disruptive student" is given under section 1901-C.
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1 "Legitimate educational interest" shall include, but not be
2 limited to, the interest of officials and school employes who
3 have any responsibility for supervising the pupil who is subject
4 to disciplinary action.
5 "Violent action" shall include, but not be limited to: <--
6 (i) Improperly using or possessing a weapon on school
7 property or during a school-sponsored activity or while in any
8 conveyance providing public transportation to or from a public
9 school or to or from a public school-sponsored activity. The
10 term "weapon," as used in this definition, shall include, but
11 not be limited to, any knife, cutting instrument, cutting tool,
12 nunchaku, firearm, shotgun, rifle and any other tool, instrument
13 or implement, whether assembled or dismantled, capable of
14 inflicting serious bodily harm. The term "weapon" shall also
15 include look-alikes if a reasonable person would believe that
16 the look-alike is a weapon.
17 (ii) Making terroristic threats whereby the pupil threatens
18 to commit violence with the intent to terrorize another person
19 or to cause the evacuation of school property or other building,
20 place of assembly or conveyance or otherwise to cause serious
21 inconvenience to another person or in reckless disregard of the
22 risk of causing the terror or inconvenience.
23 (iii) Assaulting another person while on school property,
24 while traveling to or from a public school, during a school-
25 sponsored activity or in any conveyance providing public
26 transportation to or from a public school or to or from a public
27 school-sponsored activity or because of an individual's role as
28 a school employe. The term "assault," as used in this
29 definition, shall include simple assault and aggravated assault
30 and shall have the meaning ascribed to those terms under 18
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1 Pa.C.S. (relating to crimes and offenses).
2 Section 6 5. The act is amended by adding sections to read: <--
3 Section 1318.1. Requirements Governing Adjudicated
4 Delinquents.--(1) Upon becoming aware of information under 42
5 Pa.C.S. § 6308 (relating to law enforcement records) or upon
6 receipt of information under 42 Pa.C.S. § 6341(b.1) (relating to
7 adjudication), the principal shall provide such information to
8 the superintendent for the school district, and the
9 superintendent shall determine whether the pupil has exhibited
10 behavior which may be detrimental to the safety or welfare of
11 other pupils or of other members of the school population and
12 whether educating the pupil in the regular school environment
13 may disrupt learning in the school or create a dangerous or
14 unsafe environment for other pupils or for school employes.
15 (2) If the superintendent determines that the pupil's
16 presence may be disruptive or create a dangerous or unsafe
17 environment, the superintendent shall place the pupil in an
18 alternative learning environment pursuant to procedures set
19 forth in section 1902-C(2), until the board concludes that the
20 pupil's presence in the regular school environment will not be
21 disruptive or create a dangerous or unsafe environment. Such a
22 placement shall not be deemed a disciplinary action pursuant to
23 42 Pa.C.S. § 6341(b.1)(4).
24 (3) The superintendent shall provide the information
25 concerning the pupil's record identified in this subsection to
26 all school officials, including school employes who have a
27 legitimate educational interest in the records.
28 (4) As used in this subsection, the term "legitimate
29 educational interest" includes the interests of officials and
30 school employes who have any responsibility for supervising a
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1 pupil.
2 Section 1371.1. Legislative Intent.--It is the intent of the
3 General Assembly to ensure that the safety and welfare of
4 children with disabilities and of others is protected through
5 the prompt and appropriate response of boards of school
6 directors to actions which place children with disabilities or
7 others in serious danger in the school setting. It is further
8 the intent of the General Assembly that nothing in this
9 subdivision of this article shall deprive children with
10 disabilities of any rights which such students may have under
11 any other act or regulation.
12 Section 7 6. Section 1372 of the act is amended by adding a <--
13 paragraph to read:
14 Section 1372. Exceptional Children; Education and
15 Training.--* * *
16 (7) Changing Educational Placement. (i) It shall be the
17 duty of the board of directors of every school district to
18 promptly seek parental consent for implementing an appropriate
19 change in educational placement of an exceptional student,
20 including, but not limited to, placement in an alternative
21 education program, when the board has determined that the
22 violent action of the student has placed the student or other
23 persons in danger of or in reasonable apprehension of serious
24 personal injury. If the parents of the student fail to approve
25 the change in placement, it shall be the duty of the board of
26 school directors, in addition to placing the student in an
27 interim alternative education setting, when so authorized under
28 the Individuals with Disabilities Education Act (Public Law 91-
29 230, 20 U.S.C. 1400 et. seq.), to promptly seek approval for an
30 appropriate change through a due process hearing, court action,
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1 or both.
2 (ii) As used in this paragraph, the term "violent action" <--
3 includes, but is not limited to:
4 (A) Improperly using or possessing a weapon on school
5 property or during a school-sponsored activity or while in any
6 conveyance providing public transportation to or from a public
7 school or a public school-sponsored activity. The term "weapon"
8 shall include, but not be limited to, any knife, cutting
9 instrument, cutting tool, nunchaku, firearm, shotgun, rifle, any
10 other tool, instrument or implement capable of inflicting
11 serious bodily harm, and any look-alike weapon if a reasonable
12 person would believe that the look-alike is a weapon.
13 (B) Making terrorist threats whereby the student threatens
14 to commit violence with the intent to terrorize another person
15 or to cause the evacuation of school property or other building,
16 place of assembly or conveyance or otherwise to cause serious
17 inconvenience to another person or in reckless disregard of the
18 risk of causing such terror or inconvenience.
19 (C) Assaulting another person while on school property,
20 during a school-sponsored activity or in any conveyance
21 providing public transportation or from a public school or to or
22 from a public school-sponsored activity or because of the other
23 person's capacity as a school employe. An "assault" shall
24 include simple assault and aggravated assault and shall have the
25 meaning ascribed to such terms under 18 Pa.C.S. (relating to
26 crimes and offenses).
27 (iii) (II) As used in this paragraph, the term "promptly" <--
28 means as soon as in practicable but in no event later than
29 thirty (30) days from the date of the violent incident <--
30 referenced in subclause (ii). A VIOLENT INCIDENT. <--
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1 Section 8 7. Section 1303-A of the act is amended by adding <--
2 a subsection to read:
3 Section 1303-A. Reporting.--* * *
4 (d) In developing forms under this section, the Department
5 of Education shall include uniform definitions of violent acts.
6 Section 9 8. Section 1305-A of the act, added June 30, 1995 <--
7 (P.L.220, No.26), is amended to read:
8 Section 1305-A. Transfer of Records.--Whenever a pupil
9 transfers to another school entity, a certified copy of the
10 student's disciplinary record shall be transmitted to the school
11 entity to which the pupil has transferred. The school entity to
12 which the student has transferred should request the record. The
13 sending school entity shall have ten (10) days from receipt of
14 the request to supply a certified copy of the student's
15 disciplinary record. For purposes of this section, sending
16 school entities include private elementary and secondary
17 schools.
18 Section 10 9. The act is amended by adding sections to read: <--
19 Section 1310-A. Reporting Requirements for School
20 Employes.--(a) In any instance where an employe of a public
21 school district has a reasonable suspicion that any student or
22 visitor has committed or intends to commit a criminal act on
23 school property, during a school-sponsored activity, on the way
24 to or from school or to or from a school-sponsored activity,
25 such employe shall immediately notify the employe's supervisor,
26 who shall immediately investigate the suspected criminal
27 activity. If upon such investigation the supervisor determines
28 that reasonable suspicion exists that any student or visitor has
29 committed or intends to commit a criminal act, the supervisor
30 shall immediately report the incident to the local policy agency
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1 and to the school district superintendent. The superintendent
2 shall immediately file a written report with the Secretary of
3 Education and shall, without unreasonable delay, file the
4 appropriate charge against the individual or individuals
5 suspected of criminal activity or intention to commit criminal
6 activity.
7 (b) Any public school employe who violates this section,
8 commits a summary offense and shall, upon conviction, be
9 sentenced to pay a fine of not more than two hundred fifty
10 dollars ($250) for the first offense and not more than one
11 thousand dollars ($1,000) for each subsequent offense.
12 (c) Any public school employe who is required to make a
13 report under this section shall be immune from civil and <--
14 criminal liability for filing the report.
15 (d) Whenever any public school employe is asked to testify
16 in a criminal proceeding based upon the employe's report filed
17 under this section, the public school employer shall reimburse
18 the employe for travel expenses and shall provide the employe
19 with paid leave or with the regular per diem rate if the employe
20 is called to testify in a criminal proceeding after school hours
21 or at a time when school is not in session.
22 Section 1311-A. School Safety Committees.--(a) Each school <--
23 entity shall create a school safety committee comprised of at
24 least one school nurse, one school guidance counselor, one
25 school psychologist, one school social worker, one
26 administrator, one local law enforcement officer and others at
27 the discretion of the school entity.
28 (b) The school safety committee shall be responsible for
29 reviewing and making recommendations regarding issues relating
30 to school violence, including, but not limited to, prevention,
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1 identification of potential problems, communications between the
2 entity and local law enforcement and reentry procedures for
3 violent students who are returning from hospital, mental health
4 or juvenile placements.
5 Section 1312-A 1311-A. Notification to Parents and <--
6 Guardians.--Upon receipt of information from a school entity
7 indicating that a student has been the victim of violent
8 behavior, the local law enforcement agency shall notify the
9 parent or the legal guardian of the victim about the
10 circumstances surrounding the violent incident.
11 Section 11 10. Section 1901-C(6) of the act, added June 25, <--
12 1997 (P.L.297, No.30), is amended to read:
13 Section 1901-C. Definitions.--For purposes of this article,
14 the following terms shall have the following meanings:
15 * * *
16 (6) "School." Any school classified by the Department of
17 Education as an elementary school, a middle school, junior high
18 school, senior high school or area vocational-technical school.
19 * * *
20 Section 12 11. This amendatory act shall be known and may be <--
21 cited as the Schools Are for Education Act.
22 Section 13 12. This act shall take effect in 60 days. <--
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