Bill Text: PA SB147 | 2009-2010 | Regular Session | Introduced

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Bill Title: In safe schools, further providing for definitions, for Office for Safe Schools, for reporting and for maintenance of records.

Sponsorship: Slight Partisan Bill (Democrat 8-4)

Status: (Introduced - Dead) 2009-01-30 - Referred to EDUCATION [SB147 Detail]

Download: Pennsylvania-2009-SB147-Introduced.html

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PRINTER'S NO. 117
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 147 Session of2009
INTRODUCED BY GREENLEAF, RAFFERTY, TARTAGLIONE, KASUNIC, KITCHEN, O'PAKE, BROWNE, COSTA, ORIE, STACK, WILLIAMS AND BOSCOLA, JANUARY 30, 2009
REFERRED TO EDUCATION, JANUARY 30, 2009
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in safe schools, further providing
for definitions, for Office for Safe Schools, for reporting
and for maintenance of records.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1301-A of the act of March 10, 1949 (P.L.
30, No.14), known as the Public School Code of 1949, added June
30, 1995 (P.L.220, No.26), is amended to read:
Section 1301-A. Definitions.--As used in this article,
"Drug" shall mean controlled substance as defined under the
act of April 14, 1972 (P.L.233, No.64), known as "The Controlled
Substance, Drug, Device and Cosmetic Act."
"Drug paraphernalia" shall mean paraphernalia as defined
under the act of April 14, 1972 (P.L.233, No.64), known as "The
Controlled Substance, Drug, Device and Cosmetic Act."
"Office" shall mean the Office for Safe Schools.
"School entity" shall mean any public school district,
intermediate unit or area vocational-technical school.
"School property" shall mean any public school grounds, any
school-sponsored activity or any conveyance providing
transportation to a school entity or school-sponsored activity.
"Substance abuse prevention" shall include the provisions set
forth in section 1547.
"Weapon" shall include, but not be limited to, any knife,
cutting instrument, cutting tool, nunchaku, firearm, shotgun,
rifle and any other tool, instrument or implement capable of
inflicting serious bodily injury.
Section 2. Section 1302-A of the act, amended or added June
30, 1995 (P.L.220, No.26) and July 9, 2008 (P.L.846, No.61), is
amended to read:
Section 1302-A. Office for Safe Schools.--(a) There is
hereby established in the Department of Education an Office for
Safe Schools.
(b) The office shall have the following powers and duties:
(1) To coordinate anti-violence efforts between school,
professional, parental, governmental, law enforcement and
community organizations and associations.
(2) To collect, develop and disseminate information,
policies, strategies and other information to assist in the
development of programs to [impact] deter and address school
violence and substance abuse.
(3) To provide direct training to school employes, parents,
law enforcement officials and communities on effective measures
to combat school violence and substance abuse.
(4) To advise school entities and nonpublic schools on the
development of policies to be used regarding substance abuse or
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possession of weapons, drugs or drug paraphernalia by any
person, acts of violence and protocols for coordination with and
reporting to law enforcement officials and the Department of
Education.
(5) To develop forms to be used by school entities for
reporting incidents involving acts of violence [and] or
substance abuse or possession of weapons, drugs or drug
paraphernalia on school property.
(c) In addition to the powers and duties set forth under
subsection (a), the office is authorized to make targeted grants
to schools to fund programs which address school violence and
substance abuse prevention, including, but not limited to, the
following programs:
(1) Conflict resolution or dispute management.
(2) Peer helpers programs.
(3) Risk assessment, safety-related or violence prevention
curricula.
(4) Classroom management.
(5) Student codes of conduct.
(6) Training to undertake a districtwide assessment of risk
factors that increase the likelihood of problem behaviors among
students.
(7) Development and implementation of research-based
violence prevention programs that address risk factors to reduce
incidents of problem behaviors among students including, but not
limited to, bullying.
(8) Comprehensive, districtwide school safety and violence
prevention plans.
(9) Security planning, purchase of security-related
technology which may include metal detectors, protective
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lighting, surveillance equipment, special emergency
communications equipment, electronic locksets, deadbolts and
theft control devices and training in the use of security-
related technology. Security planning and purchase of security-
related technology shall be based on safety needs identified by
the school entity's board of directors.
(10) Institution of student, staff and visitor
identification systems.
(11) Establishment or enhancement of school security
personnel, including school resource officers.
(12) Provision of specialized staff and student training
programs, including training for Student Assistance Program team
members in elementary, middle and high schools in the referral
of students at risk of violent behavior to appropriate
community-based services, including mental health services.
(13) Alternative education programs provided for in Article
XIX-C.
(14) Counseling services for students enrolled in
alternative education programs.
(d) Grant applications shall contain information as the
office may require. The office shall conduct a thorough annual
evaluation of each program for which a grant under this section
is made.
Section 3. Section 1303-A of the act, amended June 25, 1997
(P.L.297, No.30), is amended to read:
Section 1303-A. Reporting.--(a) The office shall conduct a
one-time survey of all school entities to determine the number
of incidents involving acts of violence and substance abuse on
school property and all cases involving possession of a weapon,
drugs or drug paraphernalia by any person on school property
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which occurred within the last five (5) years. The survey shall
be based on the best available information provided by school
entities.
(b) All school entities shall report all new incidents
involving acts of violence or substance abuse, possession of a
weapon or possession, use or sale of [controlled substances as
defined in the act of April 14, 1972 (P.L.233, No.64), known as
"The Controlled Substance, Drug, Device and Cosmetic Act,"]
drugs or drug paraphernalia or possession, use or sale of
alcohol or tobacco by any person on school property at least
once a year, as provided by the office, on a form to be
developed and provided by the office. The form shall include:
(1) Age or grade of student.
(2) Name and address of school.
(3) Circumstances surrounding the incident, including type
of weapon, controlled substance, alcohol or tobacco.
(4) Sanction imposed by the school.
(5) Notification of law enforcement.
(6) Remedial programs involved.
(7) Parental involvement required.
(8) Arrests, convictions and adjudications, if known.
If a person other than a student is involved, the report shall
state the relationship of the individual involved to the school
entity.
(c) All school entities shall develop a memorandum of
understanding with local law enforcement which sets forth
procedures to be followed when an incident involving an act of
violence or substance abuse or possession of a weapon, drugs or
drug paraphernalia by any person occurs on school property. Law
enforcement protocols shall be developed in cooperation with
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local law enforcement and the Pennsylvania State Police.
Section 4. Section 1307-A of the act, added June 30, 1995
(P.L.220, No.26), is amended to read:
Section 1307-A. Maintenance of Records.--All school entities
and private schools within this Commonwealth shall maintain
updated records of all incidents of violence or substance abuse,
incidents involving possession of a weapon, drugs or drug
paraphernalia and convictions or adjudications of delinquency
for acts committed on school property by students enrolled
therein on both a district-wide and school-by-school basis.
Records maintained under this section shall be contained in a
format developed by the Pennsylvania State Police in cooperation
with the office within ninety (90) days of the effective date of
this section. A statistical summary of these records shall be
made accessible to the public for examination by the public
during regular business hours.
Section 5. This act shall take effect in 60 days.
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