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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY J. TAYLOR, W. KELLER, EVERETT, FABRIZIO, FREEMAN, GINGRICH, GODSHALL, HARHART, JOHNSON, MICCARELLI, MILLER, PAYTON, QUINN, REICHLEY, ROSS, SABATINA AND SHAPIRO, APRIL 13, 2011 |
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| REFERRED TO COMMITTEE ON EDUCATION, APRIL 13, 2011 |
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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, for standing and for enforcement. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 1310-A(a) and (b)(6) and (8) of the act |
11 | of March 10, 1949 (P.L.30, No.14), known as the Public School |
12 | Code of 1949, added November 22, 2000 (P.L.672, No.91), are |
13 | amended to read: |
14 | Section 1310-A. Safe Schools Advocate in School Districts of |
15 | the First Class.--(a) The [Secretary of Education] Executive |
16 | Director of the Pennsylvania Commission on Crime and Delinquency |
17 | shall establish, within the [office] commission, a safe schools |
18 | advocate for each school district of the first class. The |
19 | advocate shall not be subject to the act of August 5, 1941 |
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1 | (P.L.752, No.286), known as the "Civil Service Act." The |
2 | advocate shall establish and maintain an office within the |
3 | school district. |
4 | (b) The safe schools advocate shall have the power and its |
5 | duties shall be: |
6 | * * * |
7 | (6) To review and analyze Federal and State statutes which |
8 | may be an impediment to school safety and the imposition of |
9 | discipline for the commission of acts of violence on school |
10 | property and to prepare, by April 30, 2001, and as necessary |
11 | from time to time thereafter, reports making recommendations for |
12 | changes to the statutes which would promote school safety and |
13 | facilitate effective and expedient disciplinary action. The |
14 | reports shall be submitted to the secretary and the Executive |
15 | Director of the Pennsylvania Commission on Crime and |
16 | Delinquency. |
17 | * * * |
18 | (8) To prepare an annual report regarding the activities of |
19 | the advocate during the prior fiscal year and any |
20 | recommendations for remedial legislation, regulations or school |
21 | district administrative reforms, which shall be submitted to the |
22 | school district superintendent, the secretary, the Executive |
23 | Director of the Pennsylvania Commission on Crime and |
24 | Delinquency, the chairperson of the Education Committee of the |
25 | Senate and the chairperson of the Education Committee of the |
26 | House of Representatives by August 15 of each year. |
27 | * * * |
28 | Section 2. Section 1311-A of the act, amended June 22, 2001 |
29 | (P.L.530, No.35), is amended to read: |
30 | Section 1311-A. Standing.--(a) If a student in a school |
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1 | district of the first class is a victim of an act of violence |
2 | involving a weapon on school property and the student who |
3 | possessed the weapon was not expelled under section 1317.2, the |
4 | parent or guardian of the victim shall have standing to |
5 | institute a legal proceeding to obtain expulsion of the student. |
6 | (b) The Office of General Counsel shall have standing to |
7 | bring an action on behalf of a victim or the parent or guardian |
8 | of a victim of an act of violence in a school in a school |
9 | district of the first class to modify, clarify or eliminate a |
10 | consent decree that is related to discipline in the district if, |
11 | in consultation with the advocate, the Office of General Counsel |
12 | believes that the action is in the best interests of the |
13 | students of the school district. |
14 | (c) (1) The [Secretary of Education] Executive Director of |
15 | the Pennsylvania Commission on Crime and Delinquency in |
16 | consultation with the General Counsel may designate a portion of |
17 | the funds provided for the safe schools advocate [for]: |
18 | (i) For contracts for legal services to assist low-income |
19 | parents or guardians of victims to obtain legal services for |
20 | proceedings under subsection (a). [The Secretary of Education |
21 | in consultation with the General Counsel may designate a portion |
22 | of the funds provided for the advocate to] |
23 | (ii) To challenge a consent decree under subsection (b) or |
24 | to bring an action under sections 1310-A(c)(5) and 1312-A(a). |
25 | (2) The designation of attorneys to receive funds under this |
26 | subsection shall be within the discretion of the Office of |
27 | General Counsel after consultation with the safe schools |
28 | advocate. |
29 | (3) Designated funds which are not expended under this |
30 | subsection shall lapse to the General Fund. |
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1 | (d) Legal proceedings under this section shall be conducted |
2 | by an attorney designated by the Office of General Counsel in |
3 | consultation with the safe schools advocate. The attorney must |
4 | be a member of the bar in good standing. |
5 | [(e) The appropriation for the Office of School Victim |
6 | Advocate in section 202 of the act of May 24, 2000 (P.L.1086, |
7 | No.21A), known as the "General Appropriation Act of 2000," shall |
8 | be used to implement this section and sections 1310-A and 1312- |
9 | A.] |
10 | (f) As used in this section, "low-income parent or guardian" |
11 | shall mean a parent whose family income is no greater than two |
12 | hundred fifty per centum (250%) of the Federal poverty level. |
13 | Section 3. Section 1312-A of the act, added November 22, |
14 | 2000 (P.L.672, No.91), is amended to read: |
15 | Section 1312-A. Enforcement.--(a) If the school district of |
16 | the first class fails to comply with requirements to provide |
17 | information to the safe schools advocate under section 1310-A, |
18 | the advocate shall provide documentation of the failure to the |
19 | [Department of Education] Pennsylvania Commission on Crime and |
20 | Delinquency. If the [department] commission determines that |
21 | there is noncompliance, the department shall notify the advocate |
22 | and the Office of General Counsel. The Office of General |
23 | Counsel, in consultation with the safe schools advocate, shall |
24 | designate an attorney to bring an action in a court of competent |
25 | jurisdiction to enforce section 1310-A. |
26 | (b) Legal proceedings under subsection (a) shall be |
27 | conducted by an attorney designated by the Office of General |
28 | Counsel in consultation with the safe schools advocate. The |
29 | attorney must be a member of the bar in good standing. |
30 | Section 4. This act shall take effect in 60 days. |
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