PRIOR PRINTER'S NOS. 338, 1034 PRINTER'S NO. 1198
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
AS AMENDED ON THIRD CONSIDERATION, JUNE 9, 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 authority of 7 teachers, vice principals and principals over pupils; 8 providing for school policies for drug or alcohol violations, 9 for conflict resolution training and for the requirements for 10 governing adjudicated delinquents; further providing for the 11 suspension and expulsion of pupils, for exceptional children, 12 their education and training, for reporting of incidents of 13 school violence and for transfer of records; providing for 14 school violence reporting requirements for school employees, 15 for school safety committees and for notification to parents 16 and guardians of victims of school violence; and further 17 defining "school." 18 The General Assembly of the Commonwealth of Pennsylvania 19 hereby enacts as follows: 20 Section 1. The act of March 10, 1949 (P.L.30, No.14), known 21 as the Public School Code of 1949, is amended by adding a 22 section to read: 23 Section 113. Good Samaritan Immunity for School Employes.-- 24 (a) Any employe of a public school who in good faith believes 25 that a pupil needs emergency care, first aid or rescue and who
1 provides such emergency care, first aid or rescue to the pupil 2 or who removes the pupil receiving such emergency care, first 3 aid or rescue to a hospital or other place of medical care shall 4 be immune from civil liability as a result of any acts or 5 omissions by the employe, except any acts or omissions 6 intentionally designed to seriously harm or any grossly 7 negligent acts or omissions which result in serious bodily harm 8 to the pupil receiving emergency care. 9 (b) As used in this section, the term "good faith" shall 10 include, but not be limited to, a reasonable nonmedical opinion 11 that the immediacy of the situation is such that the rendering 12 of care should not be postponed. 13 Section 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) In all 23 matters relating to the discipline in and conduct of the public 24 schools, public school employes and school administrators shall 25 be in the same relation to pupils as parents and guardians. This 26 relationship shall extend to all activities connected with the 27 public schools, including, but not limited to, any activity 28 conducted during the school day or during the time a pupil is 29 traveling to or from school or traveling to or from a school- 30 sponsored activity or during any academic, athletic or 19990S0332B1198 - 2 -
1 extracurricular activity sponsored by the school district at any 2 time. 3 (b) Public school employes and administrators shall be 4 immune from civil liability for any action taken in good faith 5 with regard to any pupil at any time for the safety and 6 supervision of the pupil or for the safety and supervision of 7 others, including, but not limited to, pupils, public school 8 employes, visitors or the professional employe or administrator 9 taking such action. 10 Section 3. The act is amended by adding sections to read: 11 Section 1317.4. School Policies for Drug or Alcohol 12 Violations.--(a) The General Assembly finds a compelling public 13 interest in ensuring that schools are safe and drug free for all 14 students and school employes. 15 (b) The State Board of Education shall adopt and each board 16 of school directors shall uniformly enforce drug and alcohol 17 policies that protect all pupils and other members of the school 18 population. These policies shall include all of the following: 19 (1) Examples of behaviors that constitute an infraction of 20 the drug-free schools policy. 21 (2) Penalties for infractions of the drug-free schools 22 policy. 23 (3) Guidelines for dealing with pupils or with other persons 24 who are in possession of drugs or alcohol on school property, 25 while traveling on a public conveyance providing transportation 26 to or from school, or at a school-sponsored activity. 27 (4) TRAINING OF SCHOOL COUNSELORS AND TEACHERS IN THE <-- 28 IDENTIFICATION AND REFERRAL FOR DRUG AND ALCOHOL EVALUATION OF 29 SUBSTANCE ABUSING PUPILS. 30 (c) School policies for drug and alcohol violations shall be 19990S0332B1198 - 3 -
1 included in a school district's code of student conduct. 2 (d) The superintendent of a school district shall 3 immediately report to the local law enforcement agency a pupil 4 who violates a policy concerning illegal drugs and alcohol 5 adopted by the board of school directors of that school 6 district. If the pupil is enrolled in a public school in this 7 Commonwealth, the board of school directors of that school of 8 the school district shall immediately suspend that pupil from 9 attending regular classes and schedule a hearing to consider the 10 pupil's: 11 (1) suspension for at least the remainder of the academic 12 year; 13 (2) placement an alternative education program under this 14 act; or 15 (3) permanent expulsion. 16 (e) If a pupil is suspended, pursuant to a hearing of a 17 board of school directors, for violating a policy mandated by 18 this section, that pupil may not be admitted to any public 19 school in this Commonwealth until the pupil has satisfied each 20 requirement imposed by the board of school directors as a 21 condition for readmission. To comply with the requirements of 22 this subsection, a school superintendent shall review the 23 records of each pupil who transfers into the school district 24 under the jurisdiction of that superintendent to determine 25 whether the pupil is being disciplined pursuant to the policies 26 mandated by this section. 27 (f) A school district shall report all new incidents 28 involving violations of policies concerning illegal drugs and 29 alcohol at least twice a year to the Secretary of Education on a 30 form developed and provided by the Department of Education. The 19990S0332B1198 - 4 -
1 form shall include: 2 (1) The age or grade of this pupil. 3 (2) The name and address of this school. 4 (3) The circumstances surrounding the incident. 5 (4) Any sanction imposed by the school. 6 (5) Any notification to a law enforcement agency. 7 (6) Any remedial program involved. 8 (7) The parental involvement required. 9 (8) Any arrest, conviction or adjudication, if known. 10 Section 1317.5. Conflict Resolution Training.--(a) School 11 employes in each school district of this Commonwealth shall 12 receive annual training in conflict resolution from a trainer 13 whom the board of directors of the school district deems 14 qualified in the area of conflict resolution. The training shall 15 include, but not be limited to, a review of the impact of media 16 violence upon children. 17 (b) Pupils attending public elementary and secondary schools 18 shall receive regular instruction in conflict resolution. Such 19 training shall include, but shall not be limited to, critical 20 thinking instruction about media depiction of violence and shall 21 incorporate instruction in humane education as required pursuant 22 to section 1514. Pupils manifesting difficulty with conflict 23 resolution shall be referred for assistance to qualified and 24 trained guidance counselors. 25 Section 4. Section 1318 of the act, amended February 8, 1980 26 (P.L.3, No.2), is amended to read: 27 Section 1318. Suspension and Expulsion of Pupils.--(a) 28 Every principal or teacher in charge of a public school may 29 temporarily suspend any pupil on account of disobedience or 30 misconduct, and any principal or teacher suspending any pupil 19990S0332B1198 - 5 -
1 shall promptly notify the district superintendent or secretary 2 of the board of school directors. The board may, after a proper 3 hearing, suspend such child for such time as it may determine, 4 or may permanently expel him. Such hearings, suspension, or 5 expulsion may be delegated to a duly authorized committee of the 6 board, or to a duly qualified hearing examiner, who need not be 7 a member of the board, but whose adjudication must be approved 8 by the board. 9 (b) (1) It shall be the duty of the district superintendent, 10 prior to admitting a pupil who is transferring from another 11 school district, to obtain and to thoroughly review the pupil's 12 records in order to ascertain whether the pupil has been 13 disciplined or is currently under disciplinary action, 14 including, but not limited to, expulsion, suspension or 15 placement in an alternative education program or, if the pupil 16 is transferring from another state, is being disciplined 17 pursuant to a statutory or regulatory disciplinary provision 18 from the other state. In the event that the pupil's records 19 indicate that the pupil is currently being disciplined under 20 this section or under disciplinary provisions from another 21 state, the superintendent shall continue the terms of the 22 discipline imposed by the pupil's former district. 23 (2) It shall further be the duty of the district 24 superintendent to notify other school officials, including 25 employes within the district who have legitimate interest, of 26 this pupil's current or prior discipline record pursuant to this 27 section or pursuant to disciplinary provisions from another 28 state. 29 (3) Any district superintendent who fails to perform the 30 duties provided in this section shall be personally liable for a 19990S0332B1198 - 6 -
1 fine of not more than two hundred fifty dollars ($250) for the 2 first offense and not more than one thousand dollars ($1,000) 3 for any subsequent offense and shall be subject to disciplinary 4 action affecting the commission of the superintendent. 5 (c) Subsections (a) and (b) shall not apply to a pupil 6 classified as an exceptional child when the pupil's actions are 7 a manifestation of the pupil's disability. If the pupil's 8 actions are not a manifestation of disability, the board must <-- 9 comply with the requirements under the Individuals with 10 Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1400 11 et seq.). 12 (d) As used in this section, the following words and phrases 13 shall have the meanings given to them in this subsection: 14 "Alternative education program" shall mean a program 15 established pursuant to section 1901-C. 16 "Disruptive pupil" shall have the same meaning the term 17 "disruptive student" is given under section 1901-C. 18 "Legitimate educational interest" shall include, but not be 19 limited to, the interest of officials and school employes who 20 have any responsibility for supervising the pupil who is subject 21 to disciplinary action. 22 Section 5. The act is amended by adding sections to read: 23 Section 1318.1. Requirements Governing Adjudicated 24 Delinquents.--(1) Upon becoming aware of information under 42 25 Pa.C.S. § 6308 (relating to law enforcement records) or upon 26 receipt of information under 42 Pa.C.S. § 6341(b.1) (relating to 27 adjudication), the principal shall provide such information to 28 the superintendent for the school district, and the 29 superintendent shall determine whether the pupil has exhibited 30 behavior which may be detrimental to the safety or welfare of 19990S0332B1198 - 7 -
1 other pupils or of other members of the school population and 2 whether educating the pupil in the regular school environment 3 may disrupt learning in the school or create a dangerous or 4 unsafe environment for other pupils or for school employes. 5 (2) If the superintendent determines that the pupil's 6 presence may be disruptive or create a dangerous or unsafe 7 environment, the superintendent shall place the pupil in an 8 alternative learning environment pursuant to procedures set 9 forth in section 1902-C(2), until the board concludes that the 10 pupil's presence in the regular school environment will not be 11 disruptive or create a dangerous or unsafe environment. Such a 12 placement shall not be deemed a disciplinary action pursuant to 13 42 Pa.C.S. § 6341(b.1)(4). 14 (3) The superintendent shall provide the information 15 concerning the pupil's record identified in this subsection to 16 all school officials, including school employes who have a 17 legitimate educational interest in the records. 18 (4) As used in this subsection, the term "legitimate 19 educational interest" includes the interests of officials and 20 school employes who have any responsibility for supervising a 21 pupil. 22 Section 1371.1. Legislative Intent.--It is the intent of the 23 General Assembly to ensure that the safety and welfare of 24 children with disabilities and of others is protected through 25 the prompt and appropriate response of boards of school 26 directors to actions which place children with disabilities or 27 others in serious danger in the school setting. It is further 28 the intent of the General Assembly that nothing in this 29 subdivision of this article shall deprive children with 30 disabilities of any rights which such students may have under 19990S0332B1198 - 8 -
1 any other act or regulation. 2 Section 6. Section 1372 of the act is amended by adding a 3 paragraph to read: 4 Section 1372. Exceptional Children; Education and 5 Training.--* * * 6 (7) Changing Educational Placement. (i) It shall be the 7 duty of the board of directors of every school district to 8 promptly seek parental consent for implementing an appropriate 9 change in educational placement of an exceptional student, 10 including, but not limited to, placement in an alternative 11 education program, when the board has determined that the 12 violent action of the student has placed the student or other 13 persons in danger of or in reasonable apprehension of serious 14 personal injury. If the parents of the student fail to approve 15 the change in placement, it shall be the duty of the board of 16 school directors, in addition to placing the student in an 17 interim alternative education setting, when so authorized under 18 the Individuals with Disabilities Education Act (Public Law 91- 19 230, 20 U.S.C. 1400 et. seq.), to promptly seek approval for an 20 appropriate change through a due process hearing, court action, 21 or both. 22 (ii) As used in this paragraph, the term "promptly" means as 23 soon as in practicable but in no event later than thirty (30) 24 days from the date of a violent incident. 25 Section 7. Section 1303-A of the act is amended by adding a 26 subsection to read: 27 Section 1303-A. Reporting.--* * * 28 (d) In developing forms under this section, the Department 29 of Education shall include uniform definitions of violent acts. 30 Section 8. Section 1305-A of the act, added June 30, 1995 19990S0332B1198 - 9 -
1 (P.L.220, No.26), is amended to read: 2 Section 1305-A. Transfer of Records.--Whenever a pupil 3 transfers to another school entity, a certified copy of the 4 student's disciplinary record shall be transmitted to the school 5 entity to which the pupil has transferred. The school entity to 6 which the student has transferred should request the record. The 7 sending school entity shall have ten (10) days from receipt of 8 the request to supply a certified copy of the student's 9 disciplinary record. For purposes of this section, sending 10 school entities include private elementary and secondary 11 schools. 12 Section 9. The act is amended by adding sections to read: 13 Section 1310-A. Reporting Requirements for School 14 Employes.--(a) In any instance where an employe of a public 15 school district has a reasonable suspicion that any student or 16 visitor has committed or intends to commit a criminal act on 17 school property, during a school-sponsored activity, on the way 18 to or from school or to or from a school-sponsored activity, 19 such employe shall immediately notify the employe's supervisor, 20 who shall immediately investigate the suspected criminal 21 activity. If upon such investigation the supervisor determines 22 that reasonable suspicion exists that any student or visitor has 23 committed or intends to commit a criminal act, the supervisor 24 shall immediately report the incident to the local policy agency 25 and to the school district superintendent. The superintendent 26 shall immediately file a written report with the Secretary of 27 Education and shall, without unreasonable delay, file the 28 appropriate charge against the individual or individuals 29 suspected of criminal activity or intention to commit criminal 30 activity. 19990S0332B1198 - 10 -
1 (b) Any public school employe who violates this section, 2 commits a summary offense and shall, upon conviction, be 3 sentenced to pay a fine of not more than two hundred fifty 4 dollars ($250) for the first offense and not more than one 5 thousand dollars ($1,000) for each subsequent offense. 6 (c) Any public school employe who is required to make a 7 report under this section shall be immune from civil liability 8 for filing the report. 9 (d) Whenever any public school employe is asked to testify 10 in a criminal proceeding based upon the employe's report filed 11 under this section, the public school employer shall reimburse 12 the employe for travel expenses and shall provide the employe 13 with paid leave or with the regular per diem rate if the employe 14 is called to testify in a criminal proceeding after school hours 15 or at a time when school is not in session. 16 Section 1311-A. Notification to Parents and Guardians.--Upon 17 receipt of information from a school entity indicating that a 18 student has been the victim of violent behavior, the local law 19 enforcement agency shall notify the parent or the legal guardian 20 of the victim about the circumstances surrounding the violent 21 incident. 22 Section 10. Section 1901-C(6) of the act, added June 25, 23 1997 (P.L.297, No.30), is amended to read: 24 Section 1901-C. Definitions.--For purposes of this article, 25 the following terms shall have the following meanings: 26 * * * 27 (6) "School." Any school classified by the Department of 28 Education as an elementary school, a middle school, junior high 29 school, senior high school or area vocational-technical school. 30 * * * 19990S0332B1198 - 11 -
1 Section 11. This amendatory act shall be known and may be 2 cited as the Schools Are for Education Act. 3 Section 12. This act shall take effect in 60 days. L30L24JS/19990S0332B1198 - 12 -