Pennsylvania Compilation of School Discipline Laws and ...

1 Pennsylvania Compilation of School Discipline Laws and Regulations Prepared: March 31, 2021 Introduction This Compilation presents School Discipline -related laws and regulations for states, territories, and the District of Columbia, and, where available, links to education agency websites or resources related to School Discipline and student conduct. The Discipline laws and regulations presented in this Compilation have been categorized by type of specific Discipline issue covered, according to an organizational framework developed by the National Center for Safe and Supportive Learning Environments (NCSSLE). For example, one major category encompasses all laws or regulations governing states or territories that mandate specific disciplinary sanctions (such as suspension) for specific offenses (such as drug possession on School grounds).

2 The School Discipline laws and regulations were compiled through exhaustive searches of legislative websites that identified all laws and regulations relevant to each specific category. Compiled materials were subsequently reviewed by state education agency (SEA) representatives in the 50 states, Washington , and the territories. Discipline categories were not mutually exclusive. Laws and regulations often appeared across multiple categories. For jurisdictions with more extensive laws covering a breadth of topical areas, relevant sections were excerpted from the larger legislative text for inclusion in the appropriate Discipline category. Laws, ordered by chapter and section number, appear first within each category followed by regulations. All laws and regulations listed within categories in the Compilation also appear in the sources cited section of the document, which lists laws by chapter and section number and title, and where available, includes active hyperlinks to source websites supported or maintained by state legislatures.

3 Additional links to government websites or resources are provided at the end of this document. Notes & Disclaimers To the best of the preparer s knowledge, this Compilation of School Discipline Laws and Regulations is complete and current as of March 2021. Readers should also note that the information in this document was compiled from individual sources that are created by each jurisdiction and which are maintained and updated with varying frequencies. Readers should consult the source information provided directly in order to check for updates to laws and regulations reported in this document or to conduct further research. For further information, including definitions of the different policy categories, please refer to the Discipline Laws and Regulations Compendium posted on the Center s website.

4 Prepared by: Child Trends 7315 Wisconsin Avenue Suite 1200W Bethesda, Maryland 20814 EMT Associates, Inc. 1631 Creekside Drive Suite 100 Folsom, California 95630 Table of Contents Pennsylvania State Codes Cited .. 1 Codes of Conduct .. 5 Authority to Develop and Establish Codes of Conduct .. 5 Scope .. 6 Communication of Policy .. 6 In- School Discipline .. 8 Discipline Frameworks .. 8 Teacher Authority to Remove Students From Classrooms .. 8 Alternatives to Suspension .. 8 Conditions on Use of Certain Forms of Discipline .. 9 Corporal Punishment .. 9 Search and Seizure .. 9 Restraint and Seclusion .. 10 Exclusionary Discipline : Suspension, Expulsion, and Alternative Placement .. 16 Grounds for Suspension or 16 Limitations or Conditions on Exclusionary Discipline .

5 18 Due Process .. 18 Return to School Following Removal .. 21 Alternative Placements .. 22 Discipline Addressing Specific Code of Conduct Violations .. 26 Firearms and Other Weapons Violations .. 26 Students with Chronic Disciplinary Issues .. 28 Chronic Absenteeism and Truancy .. 28 Substance Use .. 37 Gang-related Activity .. 39 Bullying, Harassment, or Hazing .. 40 Dating and Relationship Violence .. 44 Prevention, Behavioral Intervention, and Supports .. 47 State Model Policies and Implementation Support .. 47 Multi-tiered Frameworks and Systems of Support .. 52 Prevention .. 53 Social-emotional Learning (SEL) .. 55 Trauma-informed Practices .. 57 Mental Health Literacy Training .. 60 School -based Behavioral Health Programs .. 61 Monitoring and Accountability.

6 64 Formal Incident Reporting of Conduct Violations .. 64 Parental Notification .. 69 Data Collection, Review, and Reporting of Discipline Policies and Actions .. 72 Partnerships between Schools and Law Enforcement .. 77 Referrals to Law Enforcement .. 77 School Resource Officer (SRO) or School Security Officer (SSO) Training or Certification .. 91 Authorizations, Memoranda of Understanding (MOUs), and/or 94 Threat Assessment Protocols .. 102 State-Sponsored, Publicly Available Websites or Other Resources on School Discipline .. 107 Pennsylvania Compilation of School Discipline Laws and Regulations Page 1 Pennsylvania State Codes Cited Pennsylvania Unconsolidated Statutes Public School Code of 1949 Article III. School Directors 328. School director training programs Article V.

7 Duties and Powers of Boards of School Directors Publication of rules, regulations and policies Article XII. Certification of Teachers Continuing professional development Trauma-informed education Article XIII. Pupils and Attendance A. Attendance 1317. Authority of teachers, vice principals and principals over pupils Possession of weapons prohibited Uniforms 1318. Suspension and expulsion of pupils B. Enforcing Attendance 1325. Purpose 1326. Definitions 1327. Compulsory School attendance Attendance policy at charter , regional charter and cyber charter schools 1332. Reports of enrollments; attendance and withdrawals; public and private schools 1333. Procedure when child is truant Procedure by School when child habitually truant Procedure upon filing of citation Penalties for violating compulsory School attendance requirements Study of truancy procedure 1338.

8 Dependent children 1339. Reports to Superintendent of Public Instruction C. Attendance Officers and Home and School Visitors 1341. Duty to employ; power of arrest; certification 1342. Term of employment; compensation 1343. Arrest of children failing to attend School 1344. Inspecting places where children are employed 1345. Penalty for interfering with inspections Article XIII-A. Safe Schools 1301-A. Definitions 1302-A. Office for safe schools Pennsylvania Compilation of School Discipline Laws and Regulations Page 2 Regulations 1303-A. Reporting Policy relating to bullying 1304-A. Sworn statement 1309-A. Technical assistance 1310-A. Safe schools advocate in School districts of the first class 1311-A. Standing 1312-A. Enforcement Article XIII-B.

9 School Safety and Security 13-1303-B. School safety and security committee 13-1306-B. School safety and security grant program 13-1309-B. School safety and security coordinator 13-1310-B. School safety and security training 13-1311-B. Trauma-informed approach 13-1312-B. COVID-19 disaster emergency School health and safety grants for 2020-2021 School year 13-1313-B. COVID-19 disaster emergency targeted health and safety grants for 2020-2021 School year Article XIII-C. School Security 13-1301-C. Definitions 13-1302-C. School police officer 13-1303-C. Annual report 13-1304-C. Oath of office 13-1305-C. Training 13-1306-C. Powers and duties 13-1309-C. Cooperative police service agreements 13-1313-C. School resource officers 13-1314-C. School security guards 13-1315-C.

10 Duties of commission Article XIII-D. Safe2 Say Program 13-1303-D. Safe2 Say program Article XIII-E. Threat Assessment 13-1301-E. Definitions 13-1302-E. Threat assessment teams 13-1303-E. Threat assessment guidelines, training and information materials Article XIV-A. Drug and Alcohol Recovery High School Pilot Program 1401-A. Definitions 1403-A. Scope of program and selection of students 1407-A. Reporting 1408-A. Audit required Pennsylvania Compilation of School Discipline Laws and Regulations Page 3 Article XV. Terms and Courses of Study B. Prescribed Courses and Instruction 1526. Youth suicide awareness and prevention D. Special Instruction and Observances 1547. Alcohol, chemical and tobacco abuse program 1553. Dating violence education Article XV-E.