PRIOR PRINTER'S NO. 1260 PRINTER'S NO. 1715
No. 1013 Session of 2001
INTRODUCED BY GREENLEAF, COSTA, MUSTO, O'PAKE AND STACK,
JUNE 21, 2001
AS AMENDED ON THIRD CONSIDERATION, FEBRUARY 11, 2002
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," further providing for Office for Safe
6 Schools and for certain reporting.; AND REQUIRING THE <--
7 ESTABLISHMENT OF POLICIES RELATING TO BULLYING.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 1302-A(c) of the act of March 10, 1949
11 (P.L.30, No.14), known as the Public School Code of 1949,
12 amended June 26, 1999 (P.L.394, No.36), is amended to read:
13 Section 1302-A. Office for Safe Schools.--* * *
14 (c) In addition to the powers and duties set forth under
15 subsection (a), the office is authorized to make targeted grants
16 to schools to fund programs which address school violence,
17 including, but not limited to, the following programs:
18 (1) Conflict resolution or dispute management.
19 (2) Peer helpers programs.
20 (3) Risk assessment, safety-related or violence prevention
1 curricula.
2 (4) Classroom management.
3 (5) Student codes of conduct.
4 (6) Training to undertake a districtwide assessment of risk
5 factors that increase the likelihood of problem behaviors among
6 students.
7 (7) Development and implementation of research-based
8 violence prevention programs that address risk factors to reduce
9 incidents of problem behaviors among students including, but not
10 limited to, bullying.
11 (8) Comprehensive, districtwide school safety and violence
12 prevention plans.
13 (9) Security planning, purchase of security-related
14 technology which may include metal detectors, protective
15 lighting, surveillance equipment, special emergency
16 communications equipment, electronic locksets, deadbolts and
17 theft control devices and training in the use of security-
18 related technology. Security planning and purchase of security-
19 related technology shall be based on safety needs identified by
20 the school entity's board of directors.
21 (10) Institution of student, staff and visitor
22 identification systems.
23 (11) Establishment or enhancement of school security
24 personnel, including school resource officers.
25 (12) Provision of specialized staff and student training
26 programs, including training for Student Assistance Program team
27 members in elementary, middle and high schools in the referral
28 of students at risk of violent behavior to appropriate
29 community-based services, including mental health services.
30 (13) Alternative education programs provided for in Article
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1 XIX-C.
2 (14) Counseling services for students enrolled in
3 alternative education programs.
4 * * *
5 Section 2. Section 1303-A of the act, amended June 25, 1997 <--
6 (P.L.297, No.30), is amended by adding a subsection to read:
7 Section 1303-A. Reporting.--* * *
8 (d) (1) Within sixty (60) days of the effective date of
9 this subsection, all school entities shall develop and implement
10 a specific policy concerning bullying prevention and education.
11 The policy shall include a reasonable balance between the
12 pattern and the severity of such bullying behavior.
13 (2) All school entities shall annually report to the office
14 on their policy concerning the policy for bullying prevention
15 and education under clause (1), including information related to
16 the development and implementation of any bullying prevention
17 program. This report shall be filed simultaneously with the
18 report under subsection (b).
19 (3) For the purpose of this subsection, the term "bullying"
20 means any written or verbal expression, or physical act or
21 gesture, or a pattern thereof, that is intended to cause
22 distress upon one or more students in the school, on school
23 grounds, in school vehicles, at a designated school bus stop, or
24 at school activities or sanctioned events.
25 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
26 SECTION 1303.1-A. POLICY RELATING TO BULLYING.--(A) ALL
27 SCHOOL ENTITIES SHALL, WITHIN ONE HUNDRED TWENTY (120) DAYS OF
28 THE EFFECTIVE DATE OF THIS SECTION, ADDRESS BULLYING THROUGH
29 EITHER AN INCLUSIVE OR SPECIFIC POLICY, THE SCHOOL ENTITY'S CODE
30 OF STUDENT CONDUCT, OR OTHER WRITTEN MEANS. THE POLICY OR CODE
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1 OF CONDUCT MAY DELINEATE DISCIPLINE CONSEQUENCES FOR BULLYING
2 AND PROVIDE FOR PREVENTION AND EDUCATION PROGRAMS.
3 (B) NO SCHOOL ENTITY SHALL BE REQUIRED TO ESTABLISH A NEW
4 POLICY IF ONE CURRENTLY EXISTS AND REASONABLY FULFILLS THE
5 REQUIREMENTS OF THIS SUBSECTION.
6 (C) FOR THE PURPOSE OF THIS SECTION, THE TERM "BULLYING"
7 SHALL MEAN REPEATED AND SYSTEMATIC HARASSMENT OR ATTACKS ON
8 ANOTHER, PERPETRATED BY A STUDENT OR GROUPS OF STUDENTS, IN THE
9 SCHOOL, ON SCHOOL GROUNDS, IN SCHOOL VEHICLES, TO OR FROM
10 SCHOOL, OR AT SCHOOL SPONSORED ACTIVITIES OR SANCTIONED EVENTS
11 AND THAT HAS THE EFFECT OF:
12 (1) PHYSICALLY HARMING A STUDENT OR DAMAGING A STUDENT'S
13 PROPERTY;
14 (2) KNOWINGLY PLACING A STUDENT IN REASONABLE FEAR OF
15 PHYSICAL HARM TO THE STUDENT OR DAMAGE TO THE STUDENT'S
16 PROPERTY; OR
17 (3) PLACING SEVERE MENTAL OR EMOTIONAL DISTRESS UPON THE
18 STUDENT.
19 Section 3. This act shall take effect in 60 days.
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