PRINTER'S NO. 1812
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1555
Session of
2023
INTRODUCED BY HILL-EVANS, MIHALEK, MADDEN, PICKETT, KINSEY,
KHAN, SANCHEZ, KRAJEWSKI, D. WILLIAMS, GREEN AND SHUSTERMAN,
JUNE 30, 2023
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 30, 2023
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 preliminary provisions, further
providing for definitions; in pupils and attendance,
providing for educational oversight for juveniles in
facilities, further providing for possession of weapons
prohibited and providing for placement of certain adjudicated
students; in safe schools, further providing for definitions
and for reporting and providing for School-Based Diversion
Programs Fund; in school security, further providing for
powers and duties and providing for limitations on
proceedings and arrest; and, in school districts of the first
class, repealing provisions relating to placement of certain
adjudicated students.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of the act of March 10, 1949 (P.L.30,
No.14), known as the Public School Code of 1949, is amended by
adding a definition to read:
Section 102. Definitions.--When used in this act the
following words and phrases shall have the following meanings:
* * *
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"Weapon." Anything readily capable of lethal use and
possessed under circumstances not manifestly appropriate for
lawful uses which it may have. The term includes a firearm which
is not loaded or lacks a clip or other component to render it
immediately operable and components which can readily be
assembled into a weapon.
Section 2. The act is amended by adding a section to read:
Section 1306.3. Educational Oversight for Juveniles in
Facilities.--(a) No later than January 1, 2025, the Department
of Education shall develop a licensing, oversight and monitoring
process for education programs in facilities to ensure that
children held under 42 Pa.C.S. § 6325 (relating to detention of
child) or committed to an institution or other placement as a
result of a disposition under 42 Pa.C.S. § 6351 (relating to
disposition of dependent child) or 6352 (relating to disposition
of delinquent child) receive the same academic instruction
required for public schools under 22 Pa. Code Ch. 4 (relating to
academic standards and assessment). The process shall include:
(1) Annual site visits to all providers of educational
services in out-of-home placement facilities.
(2) Data collection and reporting requirements for all
providers of educational services in out-of-home placement
facilities. Reporting shall include documentation of all
educational programming provided and relevant student outcomes
by race and ethnicity, gender and disability status.
(b) The Department of Education shall provide support to
children who are not enrolled in their school of origin, and to
children who are transitioning from an out-of-home placement
facility back to their school of origin.
(c) For purposes of this section:
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"Facility" shall mean a setting, including an institution,
youth development center, camp or other facility at which a
child is held under 42 Pa.C.S. § 6325 or to which a child is
committed as a result of a disposition under 42 Pa.C.S. § 6351
or 6352, where a child cannot attend public school.
"Relevant student outcomes" shall include:
(1) For students receiving educational services in out-of-
home placement facilities, credits earned, assessment tests in
reading and mathematics, grade-level promotion and graduation
rates.
(2) For students exiting out-of-home placement facilities,
prompt enrollment, appropriate school placement and transfer of
credits earned and on-time graduation rates.
"Support" shall mean the requirements for a school entity
under section 1331.1.
Section 3. Section 1317.2(g) of the act is amended to read:
Section 1317.2. Possession of Weapons Prohibited.--* * *
[(g) As used in this section, the term "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 4. The act is amended by adding a section to read:
Section 1318.2. Placement of Certain Adjudicated Students.--
(a) Except as provided under section 1318.1, a student
returning from placement as a result of being adjudicated
delinquent under 42 Pa.C.S. Ch. 63 (relating to juvenile
matters) or who has been adjudged to have committed a crime
under an adult criminal proceeding shall be returned directly to
the regular classroom unless the court finds, by clear and
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convincing evidence, and enters those findings in the record
orally and in writing, that remaining in or returning to the
school of origin is not in the student's best interest or
protective of the community. If the court finds that it is not
in the best interest for the student or protective of the
community for the student to remain in or return to the
student's school of origin, the court shall order the student to
be enrolled in the least restrictive school setting that best
meets the student's needs. The student shall be permitted to
attend a public school if the student so chooses, unless the
court finds that a public school is not in the best interest of
the child or protective of the community. Factors guiding a
determination under this section shall include:
(1) The recommendation resulting from the best interest
determination meeting under subsection (b).
(2) The appropriateness of the current educational setting
considering the student's needs.
(3) The proximity of the school of origin relative to the
placement location.
(4) The protection of the community.
(b) Prior to returning a student to the regular classroom or
making an alternative best interest determination, the school
district shall:
(1) Ensure that the student, the student's parent or
guardian, the student's attorney, a representative of the
student's school of origin and a representative of probation
shall participate in a best-interest determination meeting to
discuss school placement options and make a recommendation to
the court that prioritizes education in the least restrictive
setting with appropriate support. Additional interested parties
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to the student's case, including, if applicable, a victim or
victim's representative, may also provide input or participate
in the meeting.
(2) Develop a transition and graduation plan for the student
that includes academic goals and information on credit
transfers, identifies school and community services appropriate
to the needs of the student and establishes remaining graduation
requirements.
Section 5. The definition of "weapon" in section 1301-A of
the act is amended to read:
Section 1301-A. Definitions.--* * *
["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 6. Section 1303-A(b)(3.1), (4.1)(i) and (ii) and
(4.2) of the act are amended to read:
Section 1303-A. Reporting.--* * *
(b) Each chief school administrator shall report to the
office by July 31 of each year all new incidents involving acts
of violence, 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," or possession, use or sale of alcohol
or tobacco by any person on school property. The incidents to be
reported to the office shall include all incidents involving
conduct that constitutes a criminal offense listed under
paragraphs (4.1) and (4.2). Reports on a form to be developed
and provided by the office shall include:
* * *
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(3.1) Race, ethnicity and gender of student.
* * *
(4.1) A list of criminal offenses which shall[, at a
minimum,] include:
(i) The following offenses under 18 Pa.C.S. (relating to
crimes and offenses):
Section 908 (relating to prohibited offensive weapons) if the
weapon is a firearm.
Section 912 (relating to possession of weapon on school
property) if the weapon is a firearm.
Chapter 25 (relating to criminal homicide).
Section 2702 (relating to aggravated assault).
Section 2709.1 (relating to stalking).
Section 2901 (relating to kidnapping).
Section 2902 (relating to unlawful restraint).
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3124.1 (relating to sexual assault).
Section 3124.2 (relating to institutional sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 3301 (relating to arson and related offenses).
Section 3307 (relating to institutional vandalism) when the
penalty is a felony of the third degree.
Section 3502 (relating to burglary).
Section 3503(a) and (b)(1)(v) (relating to criminal
trespass).
Section 5501 (relating to riot).
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Section 6110.1 (relating to possession of firearm by minor).
(ii) The possession, use or sale of a controlled substance
[or drug paraphernalia], except a small amount of marihuana as
defined in "The Controlled Substance, Drug, Device and Cosmetic
Act."
* * *
(4.2) The following offenses under 18 Pa.C.S., and any
attempt, solicitation or conspiracy to commit any of these
offenses:
Section 2701 (relating to simple assault).
Section 2705 (relating to recklessly endangering another
person).
Section 2706 (relating to terroristic threats).
Section 2709 (relating to harassment).
Section 3127 (relating to indecent exposure).
Section 3307 (relating to institutional vandalism) when the
penalty is a misdemeanor of the second degree.
Section 3503(b)(1)(i), (ii), (iii) and (iv), (b.1) and (b.2)
(relating to criminal trespass).
Chapter 39 (relating to theft and related offenses).
Section 5502 (relating to failure of disorderly persons to
disperse upon official order).
[Section 5503 (relating to disorderly conduct).
Section 6305 (relating to sale of tobacco).
Section 6306.1 (relating to use of tobacco in schools
prohibited).
Section 6308 (relating to purchase, consumption, possession
or transportation of liquor or malt or brewed beverages).]
* * *
Section 7. The act is amended by adding a section to read:
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Section 1314-A. School-Based Diversion Programs Fund.--(a)
The School-Based Diversion Programs Fund is established as a
separate fund in the State Treasury.
(b) The sources of money for the fund are as follows:
(1) Appropriations.
(2) Money from any other source.
(3) Return on the money in the fund.
(c) The money in the fund shall be appropriated on a
continuing basis to the Pennsylvania Commission on Crime and
Delinquency for the purposes under subsection (d).
(d) The fund shall be administered by the Pennsylvania
Commission on Crime and Delinquency as follows:
(1) The Pennsylvania Commission on Crime and Delinquency may
hire one full-time staff member to administer the fund.
(2) The money in the fund shall be used solely to expand
nonresidential school-based diversion programs as an alternative
to arrest or court referral for youth who have engaged in
delinquent acts on any public school grounds, at a school-
sponsored activity or on a conveyance providing transportation
to a school entity or school-sponsored activity.
(e) The Pennsylvania Commission on Crime and Delinquency
shall set eligibility criteria for school districts to apply for
funding from the fund. The Pennsylvania Commission on Crime and
Delinquency shall prioritize programs that prevent youth from
being arrested and entering the juvenile justice system.
(f) As used in this section, the term "fund" shall mean the
School-Based Diversion Programs Fund established under
subsection (a).
Section 8. Section 1306-C(a)(3) and (b) of the act are
amended to read:
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Section 1306-C. Powers and duties.
(a) General rule.--A school police officer appointed under
section 1302-C(b) shall possess and exercise all the following
powers and duties:
* * *
(3) [If] Except as provided in section 1306.1-C, if
authorized by the court, to issue summary citations or to
detain individuals who are in school buildings, on school
buses and on school grounds in the respective school entities
or nonpublic schools until local law enforcement is notified.
(b) Specific powers.--[If] Except as provided in section
1306.1-C, if authorized by the court, a school police officer
who is a law enforcement officer employed by a school entity or
nonpublic school whose responsibilities, including work hours,
are established by the school entity or nonpublic school, may
exercise the same powers as exercised under authority of law or
ordinance by the police of the municipality in which the school
property is located.
Section 9. The act is amended by adding a section to read:
Section 1306.1-C. Limitations on proceedings and arrest.
(a) Proceedings.--A proceeding may not be commenced nor may
a petition or citation be filed by a school entity or nonpublic
school, or a representative of a school entity or nonpublic
school, for a delinquent or summary act alleged to be committed
by a student in a school building, on a school bus or on school
grounds in the respective school entity or nonpublic school, for
the following acts:
(1) A violation of one of the following offenses under
18 Pa.C.S. (relating to crimes and offenses):
(i) Section 5503 (relating to disorderly conduct).
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(ii) Section 6305 (relating to sale of tobacco
products).
(iii) Section 6306.1 (relating to use of tobacco
products in schools prohibited).
(iv) Section 6308 (relating to purchase,
consumption, possession or transportation of liquor or
malt or brewed beverages).
(2) The possession of drug paraphernalia or a small
amount of marihuana as defined in the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act.
(3) Any other misdemeanor or summary act, unless the
student has participated in a school-based diversion program
in lieu of arrest or court referral at least twice prior to
the current violation.
(b) Arrest, citation or detainment.--A law enforcement
officer, including a school police officer under section 1306-C,
may not arrest, cite or detain a student for a delinquent or
summary act alleged to be committed by a student in a school
building, on a school bus or on school grounds in the respective
school entity or nonpublic school, if the alleged act
constitutes any of the following:
(1) A violation of one of the following offenses under
18 Pa.C.S.:
(i) Section 5503.
(ii) Section 6305.
(iii) Section 6306.1.
(iv) Section 6308.
(2) The possession of drug paraphernalia or a small
amount of marihuana as defined in The Controlled Substance,
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Drug, Device and Cosmetic Act.
(3) Any other misdemeanor or summary act, unless the
student has participated in a school-based diversion program
in lieu of arrest or court referral at least twice prior to
the current violation.
(c) Code of conduct.--Notwithstanding section 510, a school
entity's code of student conduct required under 22 Pa. Code §
12.3(c) (relating to school rules) may not include a requirement
of arrest, citation or petition for any offense committed by a
student in a school building, on a school bus or on school
grounds.
(d) Definition.--For purposes of this section, the term
"school-based diversion program" means a prearrest, precourt
program that keeps a child who has engaged in a behavior that
could otherwise be charged as a delinquent or summary offense in
school and community prevention services in lieu of arrest and
court referral.
Section 10. Section 2134 of the act is repealed:
[Section 2134. Placement of Certain Adjudicated Students.--
(a) No student returning from placement as a result of being
adjudicated delinquent under 42 Pa.C.S. Ch. 63 (relating to
juvenile matters) or who has been adjudged to have committed a
crime under an adult criminal proceeding shall be returned
directly to the regular classroom.
(b) Prior to returning such student to the regular
classroom, the school district shall:
(1) Place the student in a transition center operated by the
school district for a period not to exceed four (4) weeks.
(2) Develop a transition plan for the student that includes
academic goals, identifies school and community services
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appropriate to the needs of the student and establishes terms
and conditions the student must meet prior to returning to the
regular classroom.
(c) The transition plan developed under subsection (b)(2)
may provide for the student's direct return to a regular
classroom where the underlying offense did not involve any of
the following:
(i) Possession of a weapon.
(ii) 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."
(iii) Possession, use or sale of alcohol or tobacco by any
person on school property.
(iv) An act of violence as defined in section 1310-A(h).
(d) In the case of a student whose transition plan does not
include immediate return to the regular classroom, the student
shall be placed in one of the following as provided for in the
student's transition plan:
(1) An alternative education program as defined in Article
XIX-C.
(2) A private alternative education institution as defined
in Article XIX-E.
(3) A general education development program.
(4) A program operating after the traditional school day.
(e) (1) Prior to the release of a student subject to this
section from a residential or day treatment placement as a
result of being adjudicated delinquent under 42 Pa.C.S. Ch. 63
(relating to juvenile matters) or returning from incarceration
as a result of having been adjudged to have committed a crime
under an adult criminal proceeding, the court shall provide to
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the person designated in charge of the school district's
transition center the information required in the school
notification provision under 42 Pa.C.S. § 6341(b.1) (relating to
adjudication).
(2) The information shall be updated by the court with
information pertaining to treatment reports and supervision
plans or any other information deemed necessary by the
transition plan and assure appropriate placement of the
student.]
Section 11. This act shall take effect in 60 days.
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