Bill Text: PA HB1805 | 2011-2012 | Regular Session | Introduced


Bill Title: In certification of teachers, further providing for program of continuing professional development; providing for suicide prevention instruction; in safe schools, further providing for policy relating to bullying; and providing for Department of Education requirements and responsibilities.

Spectrum: Moderate Partisan Bill (Democrat 30-4)

Status: (Introduced - Dead) 2011-08-10 - Referred to EDUCATION [HB1805 Detail]

Download: Pennsylvania-2011-HB1805-Introduced.html

  

 

    

PRINTER'S NO.  2311

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1805

Session of

2011

  

  

INTRODUCED BY BRIGGS, SANTARSIERO, BRADFORD, B. BOYLE, K. BOYLE, BRENNAN, CALTAGIRONE, CARROLL, DEASY, DeLUCA, DePASQUALE, FRANKEL, FREEMAN, JOHNSON, JOSEPHS, KAVULICH, KORTZ, KULA, MANN, MATZIE, MICOZZIE, MUNDY, MURPHY, MURT, M. O'BRIEN, READSHAW, SCAVELLO, SCHRODER, SHAPIRO, K. SMITH, M. SMITH, STURLA, WAGNER AND YOUNGBLOOD, AUGUST 10, 2011

  

  

REFERRED TO COMMITTEE ON EDUCATION, AUGUST 10, 2011  

  

  

  

AN ACT

  

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Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

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act relating to the public school system, including certain

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provisions applicable as well to private and parochial

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schools; amending, revising, consolidating and changing the

5

laws relating thereto," in certification of teachers, further

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providing for program of continuing professional development;

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providing for suicide prevention instruction; in safe

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schools, further providing for policy relating to bullying;

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and providing for Department of Education requirements and

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responsibilities.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 1205.2(a) of the act of March 10, 1949

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

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amended June 30, 2011 (P.L.112, No.24), is amended to read:

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Section 1205.2.  Program of Continuing Professional

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Education.--(a)  A continuing professional education program is

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hereby established for professional educators, the satisfactory

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completion of which is required to maintain active

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certification. Except as provided in subsection (n.1), the

 


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continuing professional education program shall require the

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satisfactory completion of continuing professional education

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every five (5) years, which shall include, in addition to two

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hours of instruction on harassment, intimidation, bullying and

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cyberbullying prevention:

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(1)  six (6) credits of collegiate study;

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(2)  six (6) credits of continuing professional education

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courses;

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(3)  one hundred eighty (180) hours of continuing

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professional education programs, activities or learning

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experiences; or

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(4)  any combination of collegiate studies, continuing

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professional education courses, or other programs, activities or

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learning experiences equivalent to one hundred eighty (180)

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hours.

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* * *

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Section 2.  The act is amended by adding a section to read:

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Section 1205.6.  Suicide Prevention Instruction.--(a)  At

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least once every three years, school entities shall be required

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to provide a suicide prevention training course on school

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premises, which course shall be completed by all professional

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employes of the school entity as defined under section 1101(1).

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A school's principal may require other employes of the school

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entity who have direct contact with children to complete the

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course.

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(b)  The course shall consist of two hours of suicide

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prevention instruction, which shall include, but not be limited

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to, training on the relationship between the risk of suicide and

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incidents of harassment, intimidation, bullying and

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cyberbullying and on reducing the risk of suicide in students

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who are members of communities identified as having members at

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high risk of suicide.

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(c)  Completion of training shall be documented by the

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signature and title of a representative of the entity that

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performs the course and shall include the date the course is

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completed. Documentation shall be retained by the school entity

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in the employe's file. Training shall be conducted by a licensed

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health care professional with training and experience in mental

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health issues.

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(d)  School districts may include this training in the

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continuing education plan submitted by the district to the

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Department of Education under section 1205.1.

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(e)  For purposes of this section, a school entity shall be

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defined as a local school district, intermediate unit or area

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vocational-technical school.

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Section 3.  Section 1303.1-A of the act, added July 9, 2008

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(P.L.846, No.61), is amended to read:

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Section 1303.1-A.  Policy Relating to Bullying.--(a)  No

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later than January 1, [2009] 2012, each school entity shall

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adopt a policy or amend its existing policy [relating to

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bullying] prohibiting harassment, intimidation, bullying on

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school property, at a school-sponsored function or on a school

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bus and cyberbullying, and incorporate the policy into the

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school entity's code of student conduct required under 22 Pa.

25

Code § 12.3(c) (relating to school rules). The policy shall

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delineate disciplinary consequences for bullying and [may

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provide for prevention, intervention and education programs,

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provided that no school entity shall be required to establish a

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new policy under this section if one currently exists and

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reasonably fulfills the requirements of this section. The policy

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shall identify the appropriate school staff person to receive

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reports of incidents of alleged bullying.] shall identify by job

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title, the appropriate school staff person to receive reports of

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incidents of alleged bullying and the school officials

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responsible for ensuring that the policy is implemented. The

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school entity shall involve students, parents, administrators,

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school staff, school volunteers, community representatives and

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local law enforcement agencies in the process of adopting the

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policy. The school entity policy shall be implemented in a

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manner that is ongoing throughout the school year and integrated

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with the school's curriculum, discipline policies and other

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violence prevention efforts. Any discipline imposed under the

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policy must fall within the school entity's authority under

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section 510. The policy shall contain, at a minimum, the

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following components:

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(1)  A statement prohibiting harassment, intimidation,

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bullying and cyberbullying of a student.

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(2)  The definition of harassment, intimidation, bullying and

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cyberbullying.

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(3)  A description of the type of behavior expected from each

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student.

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(4)  Consequences and appropriate remedial action for a

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person who commits an act of harassment, intimidation, bullying

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or cyberbullying.

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(5)  (i)  A procedure for reporting an act of harassment,

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intimidation, bullying or cyberbullying, including a provision

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that permits a person to report an act of harassment,

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intimidation, bullying or cyberbullying anonymously. The

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procedure shall also include the following provisions:

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(A)  All acts of harassment, intimidation, bullying or

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cyberbullying shall be reported verbally to the school principal

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on the same day when the school employee witnessed or received

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reliable information regarding any such incident.

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(B)  The principal shall inform the parents or guardians of

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all students involved in the alleged incident immediately,

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unless the principal has reason to believe that taking such

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action would jeopardize the health, well-being or safety of one

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or more of the students involved in the alleged incident, or

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another person related or unrelated to the incident. The

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principal may discuss, as appropriate, the availability of

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counseling and other intervention or protective services.

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(C)  All acts of harassment, intimidation, bullying or

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cyberbullying shall be reported in writing to the principal

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within two school days of when the school employee witnessed or

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received reliable information that a student had been subject to

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harassment, intimidation, bullying or cyberbullying.

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(ii)  This paragraph shall not be construed to permit formal

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disciplinary action solely on the basis of an anonymous report.

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(6)  A procedure for prompt investigation of reports of

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violations and complaints, which procedure shall at a minimum

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provide that:

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(i)   (A)  The investigation shall be initiated by the

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principal or the principal's designee within one school day of

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the report of the incident and shall be conducted by a school

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antibullying specialist. The principal may appoint additional

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personnel who are not school antibullying specialists to assist

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in the investigation.

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(B)  The investigation shall be completed as soon as

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possible, but not later than ten school days from the date of

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the written report of the incident of harassment, intimidation,

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bullying or cyberbullying.

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(C)  In the event that there is information relative to the

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investigation that is anticipated but not yet received by the

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end of the ten-day period, the school antibullying specialist

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may amend the original report of the results of the

6

investigation to reflect the information.

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(ii)  The results of the investigation shall be reported to

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the superintendent within two school days of the completion of

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the investigation and the superintendent may decide to provide

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intervention services, establish training programs to reduce

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harassment, intimidation, bullying or cyberbullying and enhance

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school climate, impose discipline, order counseling as a result

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of the findings of the investigation or take or recommend other

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appropriate action.

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(iii)  The results of each investigation shall be reported to

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the board of school directors no later than the date of the

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board meeting next following the completion of the

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investigation, along with information on any services provided,

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training established, discipline imposed or other action taken

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or recommended by the superintendent.

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(iv)  (A)  Parents or guardians of the students who are

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parties to the investigation shall be entitled to receive

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information about the investigation, in accordance with Federal

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and State law and regulation, including the nature of the

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investigation, whether the school entity found evidence of

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harassment, intimidation, bullying or cyberbullying, or whether

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discipline was imposed or services provided to address the

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incident of harassment, intimidation, bullying or cyberbullying.

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This information shall be provided in writing within five school

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days after the results of the investigation are reported to the

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board.

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(B)  A parent or guardian may request a hearing before the

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board after receiving the information, and the hearing shall be

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held within ten days of the request.

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(C)  The board shall meet in executive session for the

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hearing to protect the confidentiality of the students.

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(D)  At the hearing the board may hear from the school

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antibullying specialist about the incident, recommendations for

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discipline or services and any programs instituted to reduce

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such incidents.

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(v)  (A)  At the next board of school directors meeting

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following its receipt of the report, the board shall issue a

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decision, in writing, to affirm, reject, or modify the

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superintendent's decision.

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(B)  The board's decision may be appealed to the State Board

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of Education, in accordance with the procedures set forth in law

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and regulation, no later than 90 days after the issuance of the

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board of school directors' decision.

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(7)  The range of ways in which a school will respond once an

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incident of harassment, intimidation, bullying or cyberbullying

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is identified, which shall be defined by the principal in

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conjunction with the school antibullying specialist, but shall

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include an appropriate combination of counseling, support

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services, intervention services and other programs, as defined

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by the Secretary of Education.

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(8)  A statement that prohibits reprisal or retaliation

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against any person who reports an act of harassment,

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intimidation, bullying or cyberbullying, including a witness or

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one with reliable information about such an act, and the

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consequence and appropriate remedial action for a person who

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engages in reprisal or retaliation.

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(9)  Consequences and appropriate remedial action for a

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person found to have falsely accused another as a means of

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retaliation or as a means of harassment, intimidation, bullying

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or cyberbullying.

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(10)  A statement of the manner in which the policy is to be

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publicized, including notice that the policy applies to

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participation in school-sponsored functions.

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(11)  A requirement that a link to the policy be prominently

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posted on the school entity's publicly accessible Internet

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website and distributed annually to parents and guardians who

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have children enrolled in a school of the school entity. The

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policy shall also be posted at a prominent location within each

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school building where such notices are usually posted.

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(12)  A requirement that the name, school telephone number,

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school address and school e-mail address of the antibullying 

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coordinator and the school antibullying specialists be listed on

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the school entity's publicly accessible Internet website. The

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information concerning the district antibullying coordinator and

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the school antibullying specialists shall also be maintained on

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the Department of Education's publicly accessible Internet

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website.

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(13)  A statement that the school entity shall ensure that

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the policy and procedures for reporting bullying are reviewed

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with students within ninety (90) days after their adoption and

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thereafter at least once per school year.

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(14)  A statement that the school entity shall review its

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policy every three years and annually provide the office with a

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copy of its policy prohibiting harassment, intimidation,

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bullying and cyberbullying, including information related to the

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development and implementation of any harassment, intimidation,

2

bullying and cyberbullying prevention, intervention and

3

education programs. The information required under this

4

paragraph shall be attached to or made part of the annual report

5

required under section 1303-A(b). If the school entity reports

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acts of harassment, intimidation, bullying and cyberbullying to

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the office in accordance with section 1303-A(b), it shall report

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all incidents that qualify as harassment, intimidation, bullying

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and cyberbullying.

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(15)  Provisions for the formation of bullying prevention

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task forces, programs and other initiatives involving school

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staff, pupils, administrators, volunteers, parents, law

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enforcement officials, community members and other stakeholders,

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as deemed appropriate by the school entity.

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(16)  Annual training for administrators, school employees

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and volunteers who have significant contact with students in

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preventing, identifying, responding to and reporting incidents

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of harassment, intimidation, bullying or cyberbullying.

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(17)  An educational program for students and parents in

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preventing, identifying, responding to and reporting incidents

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of harassment, intimidation, bullying or cyberbullying.

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(18)  A procedure for each school to document any prohibited

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incident that is reported and a procedure to report all

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incidents of harassment, intimidation, bullying or cyberbullying

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and the resulting consequences, including discipline and

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referrals, to the State Board of Education on a semiannual

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basis.

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(19)  A procedure for reporting to law enforcement all acts

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of harassment, intimidation, bullying or cyberbullying that may

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constitute criminal activity.

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(20)  A statement that the policy shall apply to an

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electronic communication, whether or not the communication

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originated on school property or with school equipment, so long

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as:

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(i)  a reasonable person would know, under the circumstances,

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that the communication would have the effect of harming a

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student or damaging the student's property or placing a student

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in reasonable fear of harm to his person or damage to his

9

property; and has the effect of isolating or demeaning any

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student or group of students in such a way as to cause

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substantial disruption in, or substantial interference with, the

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orderly operation of the school; or

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(ii)  the communication is directed specifically at students,

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is intended for the purpose of disrupting school and has a high

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likelihood of succeeding in that purpose.

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(21)  A requirement that all students shall be protected

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regardless of their status under the law.

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(22)  A requirement that notice of a school district's policy

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shall appear in any publication of the school district that

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states the comprehensive rules, procedures and standards of

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conduct for schools within the school district and in any

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student handbook.

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[(b)  Each school entity shall make the policy available on

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its publicly accessible Internet website, if available, and in

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every classroom. Each school entity shall post the policy at a

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prominent location within each school building where such

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notices are usually posted. Each school entity shall ensure that

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the policy and procedures for reporting bullying incidents are

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reviewed with students within ninety (90) days after their

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adoption and thereafter at least once each school year.

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(c)  Each school entity shall review its policy every three

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(3) years and annually provide the office with a copy of its

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policy relating to bullying, including information related to

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the development and implementation of any bullying prevention,

5

intervention and education programs. The information required

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under this subsection shall be attached to or made part of the

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annual report required under section 1303-A(b).]

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(d)  In its policy relating to bullying adopted or maintained

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under subsection (a), a school entity shall not be prohibited

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from defining bullying in such a way as to encompass acts that

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occur outside a school setting if those acts meet the

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requirements contained in subsection [(e)(1), (3) and (4)] (e)

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(1) and (3). If a school entity reports acts of bullying to the

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office in accordance with section 1303-A(b), it shall report all

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incidents that qualify as bullying under the entity's adopted

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definition of that term.

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(d.1)  A school entity shall annually conduct a survey of its

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middle school and high school students relating to bullying.

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(e)  For purposes of this article, ["bullying" shall mean an

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intentional electronic, written, verbal or physical act, or a

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series of acts:

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(1)  directed at another student or students;

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(2)  which occurs in a school setting;

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(3)  that is severe, persistent or pervasive; and

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(4)  that has the effect of doing any of the following:

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(i)  substantially interfering with a student's education;

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(ii)  creating a threatening environment; or

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(iii)  substantially disrupting the orderly operation of the

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school; and] "electronic communication" shall mean any

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communication through an electronic device including, but not

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limited to, a telephone, cellular phone, computer or page, which

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communication included, but is not limited to, e-mail, instant

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messaging, text messaging, blogs, mobile phones, pages, online

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games and Internet websites; and

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"harassment, intimidation, bullying and cyberbullying" shall

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mean any written, verbal or physical act, or any electronic

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communication including, but not limited to, one shown to be

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motivated by a student's actual or perceived race, color,

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religion, national origin, ancestry or ethnicity, sexual

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orientation, physical, mental, emotional or learning disability,

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gender, gender identity and expression or other distinguishing

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personal characteristic or based on association with any such

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characteristic, when the written verbal or physical act or

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electronic communication is:

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(1)  directed at another student;

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(2)  that occurs in a school setting or through the use of

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data, telephone or computer software that is accessed through a

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computer, computer system or computer network of any public

19

educational institution; and

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(3)  that has the effect of doing any of the following:

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(i)  substantially interfering with a student's educational

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opportunities;

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(ii)  being so severe, persistent or pervasive that it

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creates an intimidating or threatening educational environment;

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both in the view of the targeted student and in the view of a

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reasonable school official;

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(iii)  substantially disrupting the orderly operation of the

28

school; or

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(iv)  physically harming a student or damaging a student's

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property; and

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"school setting" shall mean in the school, on school grounds,

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in school buses, in school vehicles, at a designated bus stop or

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at any activity or event sponsored, supervised or sanctioned by

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the school.

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Section 4.  The act is amended by adding a section to read:

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Section 1303.2-A.  Department of Education Requirements and

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Responsibilities.--(a)  The Department of Education shall have

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the following duties to enforce compliance with section 1303.1-

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A:

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(1)  Develop a model policy and training materials on the

11

components that should be included in any school entity policy

12

developed under section 1303.1-A.

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(2)  Periodically review school district programs, activities

14

and services to determine whether the school boards are

15

complying with section 1303.1-A.

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(3)  Compile and make available to all schools a list of

17

programs appropriate for the prevention of harassment,

18

intimidation, bullying or cyberbullying of students.

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(4)  Establish and maintain a central repository for the

20

collection and analysis of information regarding harassment,

21

intimidation, bullying or cyberbullying.

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(5)  Report to the General Assembly annually on the current

23

levels and nature of harassment, intimidation and bullying in

24

the schools and the effectiveness of school policies under this

25

statute in combating harassment, intimidation, bullying or

26

cyberbullying, including recommendations for appropriate actions

27

to address identified problems.

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(b)  A school employe, school volunteer, student, parent or

29

guardian who promptly reports in good faith an act of

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harassment, intimidation, bullying or cyberbullying to the

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appropriate school official designated in the school district's

2

policy established under section 1303.1-A and who makes this

3

report in compliance with the procedures set forth in the policy

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is immune from a cause of action for damages arising out of the

5

reporting itself or any failure to remedy the reported incident.

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(c)  (1)  Distribution of safe schools funds to a school

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district shall be contingent upon the State Board of Education

8

approval of each school district policy established under

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section 1303.1-A. The board's approval of each school district's

10

policy shall be granted upon certification by the board that the

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school district's policy has been submitted to the board and is

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in substantial conformity with the board's model policy.

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(2)  Distribution of safe schools funds provided to a school

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district shall be contingent upon and payable to the school

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district upon the school district compliance with all reporting

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procedures contained in this section and section 1303.1-A.

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(d)  Nothing in this article shall be construed:

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(1)  to prevent a target of harassment, intimidation,

19

bullying or cyberbullying from seeking redress under any other

20

available law either civil or criminal; or

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(2)  to infringe upon the right of a school employe or

22

student to engage in speech or expression protected by the

23

Constitution of the United States or the Constitution of

24

Pennsylvania.

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Section 5.  This act shall take effect in 60 days.

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