PRINTER'S NO. 339
No. 333 Session of 1999
INTRODUCED BY GREENLEAF, SCHWARTZ, HOLL, MELLOW, LEMMOND,
BOSCOLA, TOMLINSON, COSTA, KASUNIC, SALVATORE, MUSTO, O'PAKE,
STOUT AND WAGNER, FEBRUARY 8, 1999
REFERRED TO EDUCATION, FEBRUARY 8, 1999
AN ACT
1 Providing for reforms in pilot school districts designed to
2 reduce or eliminate school violence, for duties of the
3 Secretary of Education and the Department of Education and
4 for penalties.
5 TABLE OF CONTENTS
6 Chapter 1. Preliminary Provisions
7 Section 101. Short title.
8 Section 102. Declaration of policy.
9 Section 103. Definitions.
10 Section 104. Eligible school districts.
11 Section 105. Election to participate.
12 Section 106. Subsidy for participating school districts.
13 Chapter 3. School Violence Reforms
14 Section 301. Implementation.
15 Section 302. Alternative education.
16 Section 303. Requirements governing adjudicated delinquents.
17 Section 304. Reporting requirements for school employees.
18 Section 305. Discipline of student for drug and alcohol
1 violations.
2 Section 306. Property damage.
3 Section 307. Zero tolerance policy.
4 Section 308. Conflict resolution training.
5 Chapter 5. Miscellaneous Provisions
6 Section 501. Data collection and evaluation.
7 Section 502. Expiration.
8 Section 503. Effective date.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 CHAPTER 1
12 PRELIMINARY PROVISIONS
13 Section 101. Short title.
14 This act shall be known and may be cited as the Schools Are
15 For Education Pilot Program Act.
16 Section 102. Declaration of policy.
17 The General Assembly finds and declares as follows:
18 (1) Learning cannot take place in an atmosphere of fear
19 caused by threats, intimidation, violence or disruption.
20 (2) Students and school employees have the right to
21 attend and to work at a school that is secure and peaceful,
22 conducive to learning and free from disruption.
23 (3) Violence, threats of violence, disruption or
24 intimidation should not be tolerated in the schools of this
25 Commonwealth.
26 (4) There is a zero tolerance policy for violence,
27 threats of violence or intimidation in the schools of this
28 Commonwealth.
29 (5) In order to effectuate this policy, the General
30 Assembly wishes to implement targeted, comprehensive and
19990S0333B0339 - 2 -
1 intensive reforms in pilot programs established in certain
2 school districts that experience high incidence rates of
3 violence. These reforms will be monitored and assessed over a
4 five-year period to determine their efficacy in reducing the
5 incidence rates.
6 Section 103. Definitions.
7 The following words and phrases when used in this act shall
8 have the meanings given to them in this section unless the
9 context clearly indicates otherwise:
10 "Department." The Department of Education of the
11 Commonwealth.
12 "Participating school district." A school district that has
13 been designated by the Secretary of Education to participate in
14 the pilot program established by this act.
15 "Public School Code." The act of March 10, 1949 (P.L.30,
16 No.14), known as the Public School Code of 1949.
17 "Secretary." The Secretary of Education of the Commonwealth.
18 Section 104. Eligible school districts.
19 The department shall designate six public school districts
20 eligible to participate in the pilot program described in this
21 act. In designating eligible school districts, the department
22 shall insure that they are representative of urban and rural
23 areas and that they are diverse in terms of size and
24 geographical location.
25 Section 105. Election to participate.
26 The board of school directors of any eligible school district
27 may agree to participate in the pilot program through the
28 adoption of a resolution by a majority vote of its directors.
29 The resolution must be adopted on or before February 1, 1999,
30 and must include a statement that the board shall be committed
19990S0333B0339 - 3 -
1 to implementing all the reforms set forth in this act for at
2 least the subsequent five school years, beginning with the
3 school year 1999-2000.
4 Section 106. Subsidy for participating school districts.
5 The department shall pay annually, in addition to all other
6 grants and subsidies for which the participating school
7 districts are otherwise entitled under Federal and State law, an
8 amount up to $1,000 per each student enrolled in and attending
9 the district during each of the five school years, to the extent
10 that the district can document reasonable expenses less than or
11 equal to the amount incurred in implementing the reforms
12 described in this act.
13 CHAPTER 3
14 SCHOOL VIOLENCE REFORMS
15 Section 301. Implementation.
16 The reforms described in this chapter shall be implemented in
17 each participating school district.
18 Section 302. Alternative education.
19 A participating school district shall establish and operate
20 an alternative education program pursuant to the requirements
21 set forth under the Public School Code except that such program
22 shall also be available for elementary school students. A
23 participating school district shall be eligible for alternative
24 education program grants under section 1902-C of the Public
25 School Code in addition to grants established under this act.
26 Section 303. Requirements governing adjudicated delinquents.
27 (a) General rule.--Upon becoming aware of information under
28 42 Pa.C.S. § 6308 (relating to law enforcement records) or upon
29 receipt of information under 42 Pa.C.S. § 6341(b.1) (relating to
30 adjudication), the building principal of a participating school
19990S0333B0339 - 4 -
1 district shall provide the information to the superintendent and
2 the superintendent shall determine:
3 (1) Whether the student has exhibited behavior that may
4 be detrimental to the safety or welfare of other students or
5 of other members of the school population.
6 (2) Whether educating the student in the regular school
7 environment may disrupt learning in the school or create a
8 dangerous or unsafe environment for students or for school
9 employees.
10 (b) Placement in alternative education program.--If the
11 superintendent of a participating school district determines
12 that the student's presence may be disruptive or create a
13 dangerous or unsafe environment, the superintendent shall place
14 the student in an alternative education program pursuant to
15 procedures set forth in section 1902-C(2) of the Public School
16 Code until such time as the school board concludes that the
17 student's presence in the regular school environment will not be
18 disruptive or create a dangerous or unsafe environment. A
19 placement under this section shall not be deemed a disciplinary
20 action pursuant to 42 Pa.C.S. § 6341(d)(4).
21 (c) Sharing of information.--It shall further be the duty of
22 the superintendent to provide the information concerning the
23 student to all school officials, including, but not limited to,
24 school employees who have a legitimate educational interest in
25 the records.
26 (d) Definition.--As used in this section, the term
27 "legitimate educational interest" includes, but is not limited
28 to, the interests of officials and school employees who have any
29 responsibility for supervising the student.
30 Section 304. Reporting requirements for school employees.
19990S0333B0339 - 5 -
1 (a) Notice and investigation.--
2 (1) In any instance where an employee of a participating
3 school district has a reasonable suspicion that a student,
4 group of students, visitor or group of visitors has committed
5 or intends to commit a criminal act on school property,
6 during a school-sponsored activity, on the way to or from
7 school or to or from a school-sponsored activity, the
8 employee shall immediately notify the employee's supervisor
9 who shall immediately investigate the reported criminal
10 activity.
11 (2) If upon investigation the supervisor determines that
12 reasonable suspicion exists that the student, group of
13 students, visitor or group of visitors have committed or
14 intended to commit a criminal act, the supervisor shall
15 immediately report the incident to the local law enforcement
16 agency and to the superintendent.
17 (3) After receipt of the report, the superintendent
18 shall immediately file a written report with the secretary
19 and shall, without unreasonable delay, file the appropriate
20 charge against the student, group of students, visitor or
21 group of visitors suspected of having committed or intending
22 to commit the criminal activity.
23 (b) Penalty.--Any public school employee in a participating
24 school district who fails to comply with the requirements of
25 this section commits a summary offense and, upon conviction,
26 shall be sentenced to a fine of not more than $250 for the first
27 offense and a fine of not more than $1,000 for a second or
28 subsequent offense.
29 (c) Immunity.--Any public school employee of a participating
30 school district who is required to make a report under this
19990S0333B0339 - 6 -
1 section shall be immune from civil and criminal liability for
2 filing the report.
3 (d) Expenses.--Whenever any public school employee of a
4 participating school district shall be called to testify in a
5 criminal proceeding based upon the employee's report filed under
6 this section, the participating school district shall reimburse
7 the employee for travel expenses and shall provide the employee
8 with paid leave or with regular per diem rate if the employee
9 shall be called to testify in a criminal proceeding after school
10 hours or at a time when school is not in session.
11 Section 305. Discipline of student for drug and alcohol
12 violations.
13 (a) Uniform enforcement.--Because there is a compelling
14 public interest in ensuring that schools are safe and drug free
15 for all students and for school employees, the boards of school
16 directors of the participating school district shall uniformly
17 enforce policies that protect all students and school employees.
18 (b) School board policies.--The boards of school directors
19 of the participating school district shall modify their
20 policies, practices and procedures to ensure a safe environment
21 free of illegal drugs and alcohol. These modifications shall
22 include the formulation of a discipline plan that identifies
23 specific policies, practices and procedures dealing with
24 students or with other persons who take illegal drugs or alcohol
25 onto school property, while traveling to or going from school, a
26 school-sponsored activity or on a public conveyance providing
27 transportation to or from school or to or from a school-
28 sponsored activity. The discipline plan shall also include
29 uniform drug-free policies and uniform penalties for violation
30 of the policies mandated by this section.
19990S0333B0339 - 7 -
1 (c) Procedure.--The superintendent of a participating school
2 district shall immediately file charges with the local law
3 enforcement agency when any person violates policies concerning
4 illegal drugs or alcohol adopted by the board of school
5 directors. If the person is enrolled in any participating public
6 school in this Commonwealth, the board of school directors for
7 that participating school district shall immediately suspend the
8 student from attending regular classes and schedule a hearing to
9 consider the student's suspension for at least the remainder of
10 the academic year, placement in an alternative education program
11 under this act or permanent expulsion.
12 (d) Admission to other schools.--If a person is suspended
13 for violating the policies mandated in this section, pursuant to
14 a hearing of the participating school directors, that person may
15 not be admitted to any public school in this Commonwealth until
16 the person has satisfied all requirements imposed by the board
17 of school directors as a condition for readmission. To comply
18 with the requirements of this subsection, school superintendents
19 shall review the records of each student who transfers into the
20 superintendent's school district to determine whether the
21 student is being disciplined under the policies mandated by this
22 act.
23 (e) Counseling.--Any person found by the board of school
24 directors of a participating school district in violation of a
25 drug policy shall be required to participate in counseling
26 performed by the school psychologist, school guidance counselor
27 or a psychiatrist hired by the district until such time as the
28 individual who administers counseling submits a written report
29 to the board certifying that the violator does not represent a
30 threat to the safety or security of self or of any student or
19990S0333B0339 - 8 -
1 school employee in the participating school district.
2 (f) Semi-annual reporting.--A participating school district
3 shall report all new incidents involving violations of policies
4 concerning illegal drugs or alcohol at least twice a year to the
5 secretary on a form developed and provided by the department.
6 The form shall include:
7 (1) The age or grade of the student.
8 (2) The name and address of the school.
9 (3) The circumstances surrounding the incident.
10 (4) Any sanction imposed by the school.
11 (5) Any notification to a law enforcement agency.
12 (6) Any remedial program involved.
13 (7) The parental involvement required.
14 (8) Any arrest, conviction or adjudication, if known.
15 Section 306. Property damage.
16 (a) Civil and criminal actions.--The board of school
17 directors of a participating school district owning property
18 shall maintain a civil action to recover compensatory damages of
19 not more than $50,000, plus court costs, from the parent or
20 legal guardian of a minor who willfully damages property
21 belonging to the participating school district or who commits
22 acts against the participating school district cognizable as an
23 offense under 18 Pa.C.S. § 3307 (relating to institutional
24 vandalism). A finding of willful destruction of property or of
25 commission of acts cognizable as a theft offense shall not be
26 dependent upon a prior finding that the child is a delinquent or
27 dependent child or upon the child's conviction of any criminal
28 offense.
29 (b) Restitution and community service.--If a court renders
30 judgment in favor of a participating school district under this
19990S0333B0339 - 9 -
1 section, the court shall order full restitution unless the board
2 and the parent or legal guardian agree that the student and the
3 parent or legal guardian should perform community service in
4 lieu of full payment of the judgment. In such order, the court
5 shall specify the amount to be paid by the student and the
6 parent or legal guardian, the type and number of hours of
7 community service to be performed and any other conditions
8 necessary to carry out the order.
9 Section 307. Zero tolerance policy.
10 The board of school directors of a participating school
11 district shall adopt a zero tolerance policy with regard to
12 violence, threats of violence, intimidation or disruption. The
13 policy shall be prominently displayed in all school buildings,
14 publicized to parents and the community and distributed to all
15 students and parents. The board of school directors may adopt
16 any reasonable lawful measure not included in this act to
17 further supplement and enforce this policy. The board of school
18 directors shall invite the exclusive employee representatives
19 under the act of July 23, 1970 (P.L.563, No.195), known as the
20 Public Employe Relations Act, to establish terms and conditions
21 of employment that further enforce this policy and protect the
22 health and safety of school employees.
23 Section 308. Conflict resolution training.
24 (a) Employees.--The school employees in a participating
25 school district shall receive annual training in conflict
26 resolution from a trainer whom the board of directors of the
27 participating school district deems qualified in the area of
28 conflict resolution. The training shall include, but shall not
29 be limited to, a review of the impact of media violence upon
30 children.
19990S0333B0339 - 10 -
1 (b) Students.--The students in a participating school
2 district shall receive regular instruction in conflict
3 resolution. Training shall include, but not be limited to, the
4 development of critical thinking skills regarding the depiction
5 of violence by the media. The training shall also incorporate
6 instruction in humane education as required under section 1513
7 of the Public School Code. Students who manifest difficulty in
8 conflict resolution shall be referred for assistance to
9 qualified and trained school guidance counselors.
10 CHAPTER 5
11 MISCELLANEOUS PROVISIONS
12 Section 501. Data collection and evaluation.
13 A participating school district shall provide, in addition to
14 information required by law to be reported to the Office of Safe
15 Schools of the department, such detailed information as the
16 department shall require to assess whether violence, threats of
17 violence, intimidation or disruption is or is not declining. The
18 department shall report the information on a quarterly basis and
19 transmit the report to the President pro tempore of the Senate
20 and the Speaker of the House of Representatives as soon as it is
21 received.
22 Section 502. Expiration.
23 This act shall expire July 1, 2005.
24 Section 503. Effective date.
25 This act shall take effect immediately.
L30L24JS/19990S0333B0339 - 11 -