Regular Session 2023-2024 House Bill 1708 P.N. 2020

PRINTER'S NO. 2020

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1708

Session of

2023

INTRODUCED BY HILL-EVANS, MIHALEK, MADDEN, HOHENSTEIN, BRIGGS,

KINSEY, KHAN, SANCHEZ AND HOWARD, SEPTEMBER 22, 2023

REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 22, 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 students in

facilities, further providing for possession of weapons

prohibited and providing for school stability for certain

students; in safe schools, further providing for definitions

and for reporting and establishing the 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:

* * *

"Weapon." A firearm which is designed to, or may readily be

converted to, expel a projectile capable of a lethal outcome by

the action of an explosive. The term includes a firearm which is

not loaded or lacks a clip or other component required to render

the firearm immediately operable and components which can

readily be assembled into a weapon, including the frame or

receiver of a firearm.

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

Section 1306.3. Educational Oversight for Students in

Facilities.--(a) No later than January 1, 2025, the department

shall develop a licensing, oversight and monitoring process for

education programs in facilities to ensure that students

receiving education services in a facility receive the same

academic instruction required for public schools under 22 Pa.

Code Ch. 4 (relating to academic standards and assessment). The

licensing process shall include:

(1) Annual site visits to all providers of educational

services in facilities.

(2) Data collection and annual reporting requirements for

all providers of educational services in facilities. Reporting

shall include documentation of all educational programming

provided and relevant student outcomes by race and ethnicity,

gender and disability status.

(3) An annual report sent to the General Assembly and posted

on a publicly accessible Internet website that aggregates

relevant student outcomes and makes recommendations for

improvements to educational programming in facilities.

(b) The department shall provide support to a student who

is:

(i) transitioning from the student's school of origin to a

facility;

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(ii) not enrolled in the student's school of origin as a

result of placement in a facility; and

(iii) transitioning from a facility back to the student's

school of origin or to another school.

licensing obligations of residential placements, shall adopt a

process to promptly refer any complaints or concerns regarding

education in facilities to the department .

(d) For purposes of this section:

"Department" shall mean the Department of Education of the

Commonwealth.

"Facility" shall mean a setting, including a children's

institution, youth development center, camp or other facility at

which a child is held as a result of the child's alleged or

actual dependency or delinquency under 42 Pa.C.S. Ch. 63

(relating to juvenile matters).

"Relevant student outcomes" shall include:

(1) For students receiving educational services in

facilities, total credits earned, credits earned in areas

necessary for graduation, assessment tests in reading and

mathematics, grade-level promotion and graduation rates.

(2) For students exiting facilities, prompt enrollment,

appropriate school placement, including the percentage of

students returned to the students' school of origin, 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

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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. School Stability for Certain Students.--(a)

Before the court makes an order under 42 Pa.C.S. Ch. 63

(relating to juvenile matters) or because the student has been

adjudged to have committed a crime under an adult criminal

proceeding that is likely to affect the student's school

placement, the court shall consider the student's educational

needs and stability. The court shall determine on the record the

school placement that is in the student's best interest and

protective of the community, prioritizing in order:

(1) The student remaining in the student's school of origin

in the community.

(2) The student attending the least restrictive school

setting that is in the student's best interest and protective of

the community.

(3) The student participating virtually in the student's

school of origin if the student is able to make meaningful

progress through virtual learning.

(b) In making the best interest determination under

subsection (a), the court shall consider how the school

placement will address the student's needs, including any needs

identified as part of an agreement under section 504 of the

Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. § 701

et seq.) or an individualized education plan developed in 20

U.S.C. Ch. 33 (relating to education of individuals with

disabilities).

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prior to a student who is in out-of-home placement as a result

of being adjudicated delinquent under 42 Pa.C.S. Ch. 63 or

adjudged to have committed a crime under an adult criminal

proceeding is released from such placement, the following shall

occur:

(1) The student, the student's parent, guardian, caregiver

or educational decision maker, 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 to the student's case, including,

if applicable, a victim or victim's representative and any other

advocates for the student, may also provide input.

(2) The student's school of origin shall develop a

transition and graduation plan for the student, subject to the

requirements of section 1331.1 and any individualized education

plan developed in accordance with 22 Pa. Code § 14.131 (relating

to IEP) and 20 U.S.C. Ch. 33, 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.

(3) The court shall hold a hearing to determine the

appropriate educational placement for the student upon the

student's release from out-of-home placement, subject to the

requirements under subsection (e).

(d) The inability to complete the requirements under

subsection (c) shall not delay the release of a student from

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out-of-home placement. If such requirements cannot be met at

least fourteen (14) days prior to release, the requirements must

be completed as soon as practical but no later than seven (7)

days after release from placement.

(e) 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 or who has been adjudged to

have committed a crime under an adult criminal proceeding shall

be returned directly to the student's school of origin unless

the court finds, by clear and convincing evidence, and enters

those findings in the record orally and in writing, that

returning to the school of origin is not in the best interest of

the student or protective of the community. If the court finds

that the return of the student to the student's school of origin

is not in the best interest of the student or protection of the

community, the court shall order the student to be enrolled in

the least restrictive school setting that best meets the

student's needs, prioritizing placement in the school district

where the student resides. The student is entitled to attend a

public school if the student so chooses. Factors guiding a

determination regarding school placement under this section

shall include:

(1) The recommendation resulting from the best interest

determination meeting under subsection (c)(1).

(2) The transition and graduation plans developed under

subsection (c)(2).

(3) The appropriateness of the current educational setting

considering the student's needs, including any needs identified

as part of an agreement under section 504 of the Rehabilitation

Act of 1973 or an individualized education plan developed in

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accordance with 22 Pa. Code § 14.131 and 20 U.S.C. Ch. 33.

(4) The proximity of the school of origin relative to the

location of the student's residence after returning from

placement.

(5) The protection of the community.

(f) A student may not be subject to any school disciplinary

action upon returning to the student's school of origin for any

conduct that occurred prior to the student entering placement.

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.

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.

(3) The Pennsylvania Commission on Crime and Delinquency

shall set eligibility criteria for school entities to apply for

funding from the fund.

(e) As used in this section:

(1) The term "fund" shall mean the School-Based Diversion

Programs Fund established under subsection (a).

(2) The term "school-based diversion program" shall mean a

prearrest, pre-court program administered by a school entity, or

based at a school and administered by a contracted third-party

entity, that does the following:

(i) Provides an alternative to arrest or court referral for

students who have engaged in behavior that could otherwise be

charged as a delinquent or summary offense on any public school

grounds, at a school-sponsored activity or on a conveyance

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providing transportation to a school entity or school-sponsored

activity.

(ii) Keeps a student in school and community prevention

services while supporting the students in taking accountability

for the student's behavior and meeting the underlying needs

contributing to such behavior.

(iii) Does not interfere with or substitute for the regular

classroom instruction of students or penalize students for

participation in any way.

Section 8. Section 1306-C(a)(3) and (b) of the act are

amended to read:

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:

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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 a

representative of a school entity, 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, 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 2701 (relating to simple assault).

(ii) Section 2706 (relating to terrorist threats).

(iii) Section 5503 (relating to disorderly conduct).

(iv) Section 6305 (relating to sale of tobacco

products).

(v) Section 6306.1 (relating to use of tobacco

products in schools prohibited).

(vi) 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 during the

current and previous two school years prior to the current

violation.

(b) Arrest, citation or detainment.--A law enforcement

officer, including a school police officer under section 1306-C,

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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, 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 2701.

(ii) Section 2706.

(iii) Section 5503.

(iv) Section 6305.

(v) Section 6306.1.

(vi) Section 6308.

(2) The possession of drug paraphernalia or a small

amount of marihuana as defined in 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 during the

current and previous two school years prior to the current

violation.

shall not be required, even if permitted under subsections (a)

and (b). Use of a school-based diversion program in lieu of

arrest, citation or petition is encouraged whenever safe and

appropriate.

(d) 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

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student in a school building, on a school bus or on school

grounds.

(e) Definition.--For purposes of this section, the term

"school-based diversion program" is defined in section 1314-A.

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

appropriate to the needs of the student and establishes terms

and conditions the student must meet prior to returning to the

regular classroom.

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.

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(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

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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