Regular Session 2017-2018 House Bill 2218 P.N. 3242

PRINTER'S NO. 3242

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2218

Session of

2018

INTRODUCED BY BURNS, BRIGGS, THOMAS, HARKINS, YOUNGBLOOD,

READSHAW, SAYLOR, DEASY, STURLA, MURT, DeLUCA, ROEBUCK,

KIRKLAND, P. COSTA, RABB, KORTZ AND KINSEY, APRIL 3, 2018

REFERRED TO COMMITTEE ON EDUCATION, APRIL 3, 2018

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," in safe schools, further providing

for definitions and for policy relating to bullying and

providing for Office for Safe Schools requirements and

responsibilities.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1301-A of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949, is

amended by adding definitions to read:

Section 1301-A. Definitions.--As used in this article,

"Bullying" shall mean the following:

(1) An intentional electronic, written, verbal or physical

act, or a series of acts by a student directed at another

student or students that:

(i) occurs in a school setting;

(ii) is severe, persistent or pervasive; and

(iii) has the effect of doing any of the following:

(A) substantially interferes with a student's education;

(B) creates a threatening environment; or

school.

(2) Retaliation against a student or school employe by

another student or school employe for asserting or alleging an

act of bullying.

* * *

"School setting" shall mean a school, on school grounds, in a

school vehicle, at a designated bus stop or at an activity

sponsored, supervised or sanctioned by a school.

* * *

Section 2. Section 1303.1-A(d) and (e) of the act are

amended to read:

Section 1303.1-A. Policy Relating to Bullying.--* * *

(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).]

paragraphs (1)(ii) or (iii) or (2) of the definition of

"bullying" in section 1301-A. 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:

(1) directed at another student or students;

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(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.]

Section 3. The act is amended by adding a section to read:

Section 1303.2-A. Office for Safe Schools Requirements and

Responsibilities.--(a) The office shall establish a procedure

for a student, parent, guardian, teacher, school employe or

other individual with knowledge of bullying or cyber harassment

to report, either anonymously or in the name of the individual

reporting the incident, information about the bullying or cyber

harassment activity to the office.

(b) The office shall develop and maintain a secure online

bullying interface, available to the public, school employes and

the office, for reporting incidents of bullying or cyber

harassment. A link to the interface shall be posted on the

publicly accessible Internet website of each school district and

nonpublic school in this Commonwealth. The interface shall

include, but is not limited to, the following:

(1) The names of the students involved.

(2) The ages and grades of the students involved.

(3) The name of the school where the students are enrolled.

(4) The address and description of the location of the

incident.

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(5) Details of the incident, including dates, times, actions

and the form of bullying or cyber harassment.

(6) An action taken to remediate or resolve the situation.

(7) A disciplinary action taken by the school.

(8) Either the name of the individual reporting the incident

or a placeholder designating an anonymous reporter.

the office shall contact the chief administrator of the school

where the students involved in the incident are enrolled. The

school shall:

(1) Promptly investigate the incident and develop a bullying

action plan identifying the actions to be taken to remedy and

prevent further incidents, provided an investigation and

development of a bullying action plan have not already occurred.

(2) Notify the parents or guardians of all students involved

in the incident and provide a copy of the written bullying

action plan.

(3) Provide a copy of the bullying action plan to the office

within ten (10) school days.

(d) The office shall review the bullying action plan for an

incident reported to the office within thirty (30) days of

receipt of the plan to determine whether the parties involved

are in compliance with the terms of the plan.

(e) Notwithstanding any provision of law to the contrary,

the office may initiate disciplinary action before the

Professional Standards and Practices Commission pursuant to the

act of December 12, 1973 (P.L.397, No.141), known as the

"Educator Discipline Act," against a chief school administrator

or principal of a school entity who fails to institute or

implement a bullying action plan, or impedes the implementation

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of a plan under subsection (c).

(f) For the purpose of this section, the following words and

phrases shall have the meanings given to them in this subsection

unless the context clearly indicates otherwise:

"Cyber Harassment" shall mean activity that constitutes an

offense under 18 Pa.C.S. § 2709(a.1) (relating to harassment).

Section 4. This act shall take effect in 60 days.

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