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

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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

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PRINTER'S NO. 2311
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1805 Session of2011
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
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 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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1205.2(a) of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949,
amended June 30, 2011 (P.L.112, No.24), is amended to read:
Section 1205.2. Program of Continuing Professional
Education.--(a) A continuing professional education program is
hereby established for professional educators, the satisfactory
completion of which is required to maintain active
certification. Except as provided in subsection (n.1), the
continuing professional education program shall require the
satisfactory completion of continuing professional education
every five (5) years, which shall include, in addition to two
hours of instruction on harassment, intimidation, bullying and
cyberbullying prevention:
(1) six (6) credits of collegiate study;
(2) six (6) credits of continuing professional education
courses;
(3) one hundred eighty (180) hours of continuing
professional education programs, activities or learning
experiences; or
(4) any combination of collegiate studies, continuing
professional education courses, or other programs, activities or
learning experiences equivalent to one hundred eighty (180)
hours.
* * *
Section 2. The act is amended by adding a section to read:
Section 1205.6. Suicide Prevention Instruction.--(a) At
least once every three years, school entities shall be required
to provide a suicide prevention training course on school
premises, which course shall be completed by all professional
employes of the school entity as defined under section 1101(1).
A school's principal may require other employes of the school
entity who have direct contact with children to complete the
course.
(b) The course shall consist of two hours of suicide
prevention instruction, which shall include, but not be limited
to, training on the relationship between the risk of suicide and
incidents of harassment, intimidation, bullying and
cyberbullying and on reducing the risk of suicide in students
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who are members of communities identified as having members at
high risk of suicide.
(c) Completion of training shall be documented by the
signature and title of a representative of the entity that
performs the course and shall include the date the course is
completed. Documentation shall be retained by the school entity
in the employe's file. Training shall be conducted by a licensed
health care professional with training and experience in mental
health issues.
(d) School districts may include this training in the
continuing education plan submitted by the district to the
Department of Education under section 1205.1.
(e) For purposes of this section, a school entity shall be
defined as a local school district, intermediate unit or area
vocational-technical school.
Section 3. Section 1303.1-A of the act, added July 9, 2008
(P.L.846, No.61), is amended to read:
Section 1303.1-A. Policy Relating to Bullying.--(a) No
later than January 1, [2009] 2012, each school entity shall
adopt a policy or amend its existing policy [relating to
bullying] prohibiting harassment, intimidation, bullying on
school property, at a school-sponsored function or on a school
bus and cyberbullying, and incorporate the policy into the
school entity's code of student conduct required under 22 Pa.
Code § 12.3(c) (relating to school rules). The policy shall
delineate disciplinary consequences for bullying and [may
provide for prevention, intervention and education programs,
provided that no school entity shall be required to establish a
new policy under this section if one currently exists and
reasonably fulfills the requirements of this section. The policy
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shall identify the appropriate school staff person to receive
reports of incidents of alleged bullying.] shall identify by job
title, the appropriate school staff person to receive reports of
incidents of alleged bullying and the school officials
responsible for ensuring that the policy is implemented. The
school entity shall involve students, parents, administrators,
school staff, school volunteers, community representatives and
local law enforcement agencies in the process of adopting the
policy. The school entity policy shall be implemented in a
manner that is ongoing throughout the school year and integrated
with the school's curriculum, discipline policies and other
violence prevention efforts. Any discipline imposed under the
policy must fall within the school entity's authority under
section 510. The policy shall contain, at a minimum, the
following components:
(1) A statement prohibiting harassment, intimidation,
bullying and cyberbullying of a student.
(2) The definition of harassment, intimidation, bullying and
cyberbullying.
(3) A description of the type of behavior expected from each
student.
(4) Consequences and appropriate remedial action for a
person who commits an act of harassment, intimidation, bullying
or cyberbullying.
(5) (i) A procedure for reporting an act of harassment,
intimidation, bullying or cyberbullying, including a provision
that permits a person to report an act of harassment,
intimidation, bullying or cyberbullying anonymously. The
procedure shall also include the following provisions:
(A) All acts of harassment, intimidation, bullying or
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cyberbullying shall be reported verbally to the school principal
on the same day when the school employee witnessed or received
reliable information regarding any such incident.
(B) The principal shall inform the parents or guardians of
all students involved in the alleged incident immediately,
unless the principal has reason to believe that taking such
action would jeopardize the health, well-being or safety of one
or more of the students involved in the alleged incident, or
another person related or unrelated to the incident. The
principal may discuss, as appropriate, the availability of
counseling and other intervention or protective services.
(C) All acts of harassment, intimidation, bullying or
cyberbullying shall be reported in writing to the principal
within two school days of when the school employee witnessed or
received reliable information that a student had been subject to
harassment, intimidation, bullying or cyberbullying.
(ii) This paragraph shall not be construed to permit formal
disciplinary action solely on the basis of an anonymous report.
(6) A procedure for prompt investigation of reports of
violations and complaints, which procedure shall at a minimum
provide that:
(i) (A) The investigation shall be initiated by the
principal or the principal's designee within one school day of
the report of the incident and shall be conducted by a school
antibullying specialist. The principal may appoint additional
personnel who are not school antibullying specialists to assist
in the investigation.
(B) The investigation shall be completed as soon as
possible, but not later than ten school days from the date of
the written report of the incident of harassment, intimidation,
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bullying or cyberbullying.
(C) In the event that there is information relative to the
investigation that is anticipated but not yet received by the
end of the ten-day period, the school antibullying specialist
may amend the original report of the results of the
investigation to reflect the information.
(ii) The results of the investigation shall be reported to
the superintendent within two school days of the completion of
the investigation and the superintendent may decide to provide
intervention services, establish training programs to reduce
harassment, intimidation, bullying or cyberbullying and enhance
school climate, impose discipline, order counseling as a result
of the findings of the investigation or take or recommend other
appropriate action.
(iii) The results of each investigation shall be reported to
the board of school directors no later than the date of the
board meeting next following the completion of the
investigation, along with information on any services provided,
training established, discipline imposed or other action taken
or recommended by the superintendent.
(iv) (A) Parents or guardians of the students who are
parties to the investigation shall be entitled to receive
information about the investigation, in accordance with Federal
and State law and regulation, including the nature of the
investigation, whether the school entity found evidence of
harassment, intimidation, bullying or cyberbullying, or whether
discipline was imposed or services provided to address the
incident of harassment, intimidation, bullying or cyberbullying.
This information shall be provided in writing within five school
days after the results of the investigation are reported to the
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board.
(B) A parent or guardian may request a hearing before the
board after receiving the information, and the hearing shall be
held within ten days of the request.
(C) The board shall meet in executive session for the
hearing to protect the confidentiality of the students.
(D) At the hearing the board may hear from the school
antibullying specialist about the incident, recommendations for
discipline or services and any programs instituted to reduce
such incidents.
(v) (A) At the next board of school directors meeting
following its receipt of the report, the board shall issue a
decision, in writing, to affirm, reject, or modify the
superintendent's decision.
(B) The board's decision may be appealed to the State Board
of Education, in accordance with the procedures set forth in law
and regulation, no later than 90 days after the issuance of the
board of school directors' decision.
(7) The range of ways in which a school will respond once an
incident of harassment, intimidation, bullying or cyberbullying
is identified, which shall be defined by the principal in
conjunction with the school antibullying specialist, but shall
include an appropriate combination of counseling, support
services, intervention services and other programs, as defined
by the Secretary of Education.
(8) A statement that prohibits reprisal or retaliation
against any person who reports an act of harassment,
intimidation, bullying or cyberbullying, including a witness or
one with reliable information about such an act, and the
consequence and appropriate remedial action for a person who
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engages in reprisal or retaliation.
(9) Consequences and appropriate remedial action for a
person found to have falsely accused another as a means of
retaliation or as a means of harassment, intimidation, bullying
or cyberbullying.
(10) A statement of the manner in which the policy is to be
publicized, including notice that the policy applies to
participation in school-sponsored functions.
(11) A requirement that a link to the policy be prominently
posted on the school entity's publicly accessible Internet
website and distributed annually to parents and guardians who
have children enrolled in a school of the school entity. The
policy shall also be posted at a prominent location within each
school building where such notices are usually posted.
(12) A requirement that the name, school telephone number,
school address and school e-mail address of the antibullying
coordinator and the school antibullying specialists be listed on
the school entity's publicly accessible Internet website. The
information concerning the district antibullying coordinator and
the school antibullying specialists shall also be maintained on
the Department of Education's publicly accessible Internet
website.
(13) A statement that the school entity shall ensure that
the policy and procedures for reporting bullying are reviewed
with students within ninety (90) days after their adoption and
thereafter at least once per school year.
(14) A statement that the school entity shall review its
policy every three years and annually provide the office with a
copy of its policy prohibiting harassment, intimidation,
bullying and cyberbullying, including information related to the
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development and implementation of any harassment, intimidation,
bullying and cyberbullying prevention, intervention and
education programs. The information required under this
paragraph shall be attached to or made part of the annual report
required under section 1303-A(b). If the school entity reports
acts of harassment, intimidation, bullying and cyberbullying to
the office in accordance with section 1303-A(b), it shall report
all incidents that qualify as harassment, intimidation, bullying
and cyberbullying.
(15) Provisions for the formation of bullying prevention
task forces, programs and other initiatives involving school
staff, pupils, administrators, volunteers, parents, law
enforcement officials, community members and other stakeholders,
as deemed appropriate by the school entity.
(16) Annual training for administrators, school employees
and volunteers who have significant contact with students in
preventing, identifying, responding to and reporting incidents
of harassment, intimidation, bullying or cyberbullying.
(17) An educational program for students and parents in
preventing, identifying, responding to and reporting incidents
of harassment, intimidation, bullying or cyberbullying.
(18) A procedure for each school to document any prohibited
incident that is reported and a procedure to report all
incidents of harassment, intimidation, bullying or cyberbullying
and the resulting consequences, including discipline and
referrals, to the State Board of Education on a semiannual
basis.
(19) A procedure for reporting to law enforcement all acts
of harassment, intimidation, bullying or cyberbullying that may
constitute criminal activity.
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(20) A statement that the policy shall apply to an
electronic communication, whether or not the communication
originated on school property or with school equipment, so long
as:
(i) a reasonable person would know, under the circumstances,
that the communication would have the effect of harming a
student or damaging the student's property or placing a student
in reasonable fear of harm to his person or damage to his
property; and has the effect of isolating or demeaning any
student or group of students in such a way as to cause
substantial disruption in, or substantial interference with, the
orderly operation of the school; or
(ii) the communication is directed specifically at students,
is intended for the purpose of disrupting school and has a high
likelihood of succeeding in that purpose.
(21) A requirement that all students shall be protected
regardless of their status under the law.
(22) A requirement that notice of a school district's policy
shall appear in any publication of the school district that
states the comprehensive rules, procedures and standards of
conduct for schools within the school district and in any
student handbook.
[(b) Each school entity shall make the policy available on
its publicly accessible Internet website, if available, and in
every classroom. Each school entity shall post the policy at a
prominent location within each school building where such
notices are usually posted. Each school entity shall ensure that
the policy and procedures for reporting bullying incidents are
reviewed with students within ninety (90) days after their
adoption and thereafter at least once each school year.
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(c) Each school entity shall review its policy every three
(3) years and annually provide the office with a copy of its
policy relating to bullying, including information related to
the development and implementation of any bullying prevention,
intervention and education programs. The information required
under this subsection shall be attached to or made part of the
annual report required under section 1303-A(b).]
(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)] (e)
(1) and (3). 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.
(d.1) A school entity shall annually conduct a survey of its
middle school and high school students relating to bullying.
(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;
(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] "electronic communication" shall mean any
communication through an electronic device including, but not
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limited to, a telephone, cellular phone, computer or page, which
communication included, but is not limited to, e-mail, instant
messaging, text messaging, blogs, mobile phones, pages, online
games and Internet websites; and
"harassment, intimidation, bullying and cyberbullying" shall
mean any written, verbal or physical act, or any electronic
communication including, but not limited to, one shown to be
motivated by a student's actual or perceived race, color,
religion, national origin, ancestry or ethnicity, sexual
orientation, physical, mental, emotional or learning disability,
gender, gender identity and expression or other distinguishing
personal characteristic or based on association with any such
characteristic, when the written verbal or physical act or
electronic communication is:
(1) directed at another student;
(2) that occurs in a school setting or through the use of
data, telephone or computer software that is accessed through a
computer, computer system or computer network of any public
educational institution; and
(3) that has the effect of doing any of the following:
(i) substantially interfering with a student's educational
opportunities;
(ii) being so severe, persistent or pervasive that it
creates an intimidating or threatening educational environment;
both in the view of the targeted student and in the view of a
reasonable school official;
(iii) substantially disrupting the orderly operation of the
school; or
(iv) physically harming a student or damaging a student's
property; and
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"school setting" shall mean in the school, on school grounds,
in school buses, in school vehicles, at a designated bus stop or
at any activity or event sponsored, supervised or sanctioned by
the school.
Section 4. The act is amended by adding a section to read:
Section 1303.2-A. Department of Education Requirements and
Responsibilities.--(a) The Department of Education shall have
the following duties to enforce compliance with section 1303.1-
A:
(1) Develop a model policy and training materials on the
components that should be included in any school entity policy
developed under section 1303.1-A.
(2) Periodically review school district programs, activities
and services to determine whether the school boards are
complying with section 1303.1-A.
(3) Compile and make available to all schools a list of
programs appropriate for the prevention of harassment,
intimidation, bullying or cyberbullying of students.
(4) Establish and maintain a central repository for the
collection and analysis of information regarding harassment,
intimidation, bullying or cyberbullying.
(5) Report to the General Assembly annually on the current
levels and nature of harassment, intimidation and bullying in
the schools and the effectiveness of school policies under this
statute in combating harassment, intimidation, bullying or
cyberbullying, including recommendations for appropriate actions
to address identified problems.
(b) A school employe, school volunteer, student, parent or
guardian who promptly reports in good faith an act of
harassment, intimidation, bullying or cyberbullying to the
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appropriate school official designated in the school district's
policy established under section 1303.1-A and who makes this
report in compliance with the procedures set forth in the policy
is immune from a cause of action for damages arising out of the
reporting itself or any failure to remedy the reported incident.
(c) (1) Distribution of safe schools funds to a school
district shall be contingent upon the State Board of Education
approval of each school district policy established under
section 1303.1-A. The board's approval of each school district's
policy shall be granted upon certification by the board that the
school district's policy has been submitted to the board and is
in substantial conformity with the board's model policy.
(2) Distribution of safe schools funds provided to a school
district shall be contingent upon and payable to the school
district upon the school district compliance with all reporting
procedures contained in this section and section 1303.1-A.
(d) Nothing in this article shall be construed:
(1) to prevent a target of harassment, intimidation,
bullying or cyberbullying from seeking redress under any other
available law either civil or criminal; or
(2) to infringe upon the right of a school employe or
student to engage in speech or expression protected by the
Constitution of the United States or the Constitution of
Pennsylvania.
Section 5. This act shall take effect in 60 days.
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