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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY W. KELLER, BEYER, BOYD, BRENNAN, CARROLL, CLYMER, P. COSTA, CREIGHTON, CRUZ, DONATUCCI, FRANKEL, GRUCELA, KILLION, McGEEHAN, M. O'BRIEN, REICHLEY, SABATINA, SIPTROTH, K. SMITH AND VULAKOVICH, FEBRUARY 9, 2009 |
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| REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 9, 2009 |
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| AN ACT |
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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," in safe schools, further providing |
6 | for safe schools advocate in school districts of the first |
7 | class. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 1310-A(b)(1) and (3) and (c)(4) of the |
11 | act of March 10, 1949 (P.L.30, No.14), known as the Public |
12 | School Code of 1949, added November 22, 2000 (P.L.672, No.91), |
13 | are amended and subsection (b) is amended by adding paragraphs |
14 | to read: |
15 | Section 1310-A. Safe Schools Advocate in School Districts of |
16 | the First Class.--* * * |
17 | (b) The safe schools advocate shall have the power and its |
18 | duties shall be: |
19 | (1) To monitor the school district's compliance with this |
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1 | article, including: |
2 | (i) the school district's reporting to the office of |
3 | incidents involving acts of violence, possession of a weapon or |
4 | possession, use or sale of controlled substances as defined in |
5 | the act of April 14, 1972 (P.L.233, No.64), known as "The |
6 | Controlled Substance, Drug, Device and Cosmetic Act," or |
7 | possession, use or sale of alcohol or tobacco by any person on |
8 | school property; |
9 | (ii) obtaining copies of the school district's reports to |
10 | the office and reviewing and analyzing them; |
11 | (iii) developing and presenting to the School Reform |
12 | Commission for adoption a memorandum of understanding with local |
13 | law enforcement regarding incidents involving acts of violence |
14 | and possession of weapons and monitoring the school district's |
15 | compliance with the procedures set forth in the memorandum of |
16 | understanding with the appropriate police department regarding |
17 | incidents involving acts of violence and possession of weapons; |
18 | [and] |
19 | (iv) obtaining documentation, on a weekly basis during those |
20 | times when school is in session, of all written or verbal |
21 | contacts by school district personnel with the appropriate |
22 | police department consistent with the requirements of the |
23 | memorandum of understanding[.]; |
24 | (v) developing and presenting to the School Reform |
25 | Commission for adoption a memorandum of understanding with the |
26 | office of district attorney and the juvenile court system. The |
27 | memoranda of understanding shall create effective partnerships |
28 | to promote school safety in the school district and require the |
29 | timely removal from the school district of those students who |
30 | are in possession of a weapon or who commit an act of violence |
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1 | or an infraction of the school district disciplinary code or |
2 | policy mandating expulsion; and |
3 | (vi) developing and presenting to the School Reform |
4 | Commission for adoption a corrective action plan as required by |
5 | law for each school identified as "persistently dangerous." |
6 | (1.1) To approve the school district's safety plan for each |
7 | school in the district that includes, but is not limited to, the |
8 | implementation of the district-wide violence-free school plan |
9 | and discipline policy. |
10 | (1.2) To provide mandated training and communication within |
11 | the school district to ensure that employes of the school |
12 | district are familiar with the discipline policy, mandatory |
13 | expulsion laws and policy, reporting requirements under law and |
14 | district policy, and all other applicable laws and policies to |
15 | insure the safety of all students and staff in the school |
16 | district. |
17 | (1.3) To provide training to staff regarding the rights of a |
18 | victim of violence and the effects of violence on a student's |
19 | right to receive an education as required by law in a violence- |
20 | free learning environment. |
21 | (1.4) To insure that each victim of school violence, where |
22 | the district has failed to comply with applicable laws and |
23 | policies, receives a safe and appropriate education as required |
24 | by law, by taking legal action against the school district until |
25 | the victim's rights to education are assured. |
26 | * * * |
27 | (3) To receive inquiries from school staff and parents or |
28 | guardians of students who are victims of acts of violence on |
29 | school property without any interference or obstruction from the |
30 | school district or any school district employe or designee. |
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1 | * * * |
2 | (7.1) To seek a legal course of action to open consent |
3 | decrees that hinder the timely removal of students for |
4 | committing acts of violence, possession of weapons or violations |
5 | of mandated district expulsion policies. Adequate funding for |
6 | such legal actions shall be part of annual appropriations to the |
7 | Office of Safe Schools Advocate. |
8 | * * * |
9 | (c) The safe schools advocate shall, on behalf of victims of |
10 | acts of violence on school property, victims of conduct that |
11 | would constitute an act of violence and victims of students who |
12 | have committed two or more infractions as set forth in |
13 | subsection (b)(9): |
14 | * * * |
15 | (4) in cases where the advocate has received a request by |
16 | the parent or guardian of the victim, to attend formal |
17 | disciplinary proceedings and to ensure that the parents or |
18 | guardian and victim have legal representation at such formal |
19 | disciplinary hearings; |
20 | * * * |
21 | Section 2. This act shall take effect in 60 days. |
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