Section 13-1310-A - Safe schools advocate in school districts of the first class(a) The Executive Director of the Pennsylvania Commission on Crime and Delinquency shall establish, within the commission, a safe schools advocate for each school district of the first class. The advocate shall not be subject to the act of August 5, 1941 (P.L. 752, No. 286), known as the "Civil Service Act." The advocate shall establish and maintain an office within the school district.(b) The safe schools advocate shall have the power and its duties shall be: (1) To monitor the school district's compliance with this article, including: (i) the school district's reporting to the office of 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;(ii) obtaining copies of the school district's reports to the office and reviewing and analyzing them;(iii) the school district's compliance with the procedures set forth in the memorandum of understanding with the appropriate police department regarding incidents involving acts of violence and possession of weapons; and(iv) obtaining documentation, on a weekly basis during those times when school is in session, of all written or verbal contacts by school district personnel with the appropriate police department consistent with the requirements of the memorandum of understanding.(2) To monitor the school district's compliance with the mandatory expulsion requirements of sections 1317.2 and 1318.1.(3) To receive inquiries from school staff and parents or guardians of students who are victims of acts of violence on school property.(4) To establish a protocol, in consultation with the Juvenile Court Judges' Commission, to assure timely receipt by the school district of information regarding students who have been adjudicated delinquent pursuant to 42 Pa.C.S. § 6341(b.1) (relating to adjudication) and to monitor the school district's use of that information to ensure that victims of acts of violence by a student are protected.(5) To establish a program to assure extensive and continuing public awareness of information regarding the role of the advocate on behalf of victims of acts of violence on school property, which may include the mailing of information to the parents or guardians of students in the school district or other forms of communication.(6) To review and analyze Federal and State statutes which may be an impediment to school safety and the imposition of discipline for the commission of acts of violence on school property and to prepare, by April 30, 2001, and as necessary from time to time thereafter, reports making recommendations for changes to the statutes which would promote school safety and facilitate effective and expedient disciplinary action. The reports shall be submitted to the secretary and the Executive Director of the Pennsylvania Commission on Crime and Delinquency.(7) To review and analyze court decisions applicable to the school district's disciplinary process and procedures, to make recommendations to the school district regarding any negative impact these decisions have upon the effective maintenance of school safety and to make recommendations relating to the existing provisions of consent decrees.(8) To prepare an annual report regarding the activities of the advocate during the prior fiscal year and any recommendations for remedial legislation, regulations or school district administrative reforms, which shall be submitted to the school district superintendent, the secretary, the Executive Director of the Pennsylvania Commission on Crime and Delinquency, the chairperson of the Education Committee of the Senate and the chairperson of the Education Committee of the House of Representatives by August 15 of each year.(9) To monitor infractions of the school district's code of conduct to identify students whose conduct would constitute an offense under 18 Pa.C.S. § 2701 (relating to simple assault).(c) The safe schools advocate shall, on behalf of victims of acts of violence on school property, victims of conduct that would constitute an act of violence and victims of students who have committed two or more infractions as set forth in subsection (b)(9): (1) provide assistance and advice, including information on support services provided by victim assistance offices of the appropriate district attorney and through local community-based victim service agencies;(2) provide information to the parent or guardian of the student victim regarding the disciplinary process and any action ultimately taken against the student accused of committing the act of violence;(3) in cases involving the possession or use of a weapon, advise the parent or guardian of the victim whether the school district properly exercised its duty under section 1317.2;(4) in cases where the advocate has received a request by the parent or guardian of the victim, to attend formal disciplinary proceedings;(5) with the consent of the parent or guardian of the victim, present information in the disciplinary proceeding, which may include oral or written presentations, including testimony by the victim or the parent or guardian of the victim, regarding the impact on the victim and the victim's family and the appropriate disciplinary action and which may include direct or cross-examination of witnesses;(6) where the perpetrator of an act of violence is returning to school after placement under a consent decree, adjudication of delinquency or conviction of a criminal offense, assist the parent or guardian of the victim in providing input to the school district and the appropriate juvenile or criminal justice authority to ensure the victim's safety on school property;(7) in cases where the district has failed to report the act of violence to the appropriate police department as required by the memorandum of understanding, to report such act of violence directly; and(8) provide information and make recommendations to the office of the district attorney regarding the impact of the act of violence on the victim and the victim's family.(d) Upon discovery of the commission of an act of violence upon a student, the school district of the first class shall immediately notify the victim's parent or guardian of the safe schools advocate. The form of this notice shall be developed by the advocate and provided to the school district. This form shall include the address and telephone number of the advocate and a brief description of the purposes and functions of the safe schools advocate. The principal of each school within the school district shall post a notice not less than 8 1/2 by 11 inches entitled "Safe Schools Advocate" at a prominent location within each school building, where such notices are usually posted. The form of this notice shall also be developed by the advocate and provided to the school district.(e) It shall be the duty of each school administrator in a school district of the first class to cooperate with the safe schools advocate to implement this section and to provide the advocate, upon request, with all available information authorized by State law. In regard to individual cases of acts of violence, only information permitted to be shared under subsection (f) shall be disclosed.(f) The advocate and all employes and agents of the safe schools advocate shall be subject to and bound by section 444 of the General Education Provisions Act ( Public Law 90-247, 20 U.S.C. § 1232g ) and 34 CFR Pt. 99 (relating to family educational rights and privacy).(g) This section shall not apply to the extent that it would conflict with the requirements of the Individuals with Disabilities Education Act ( Public Law 91-230, 20 U.S.C. § 1400 et seq.) or other applicable Federal statute or regulation.(h) As used in this section: "Act of violence" shall mean the possession of a weapon on school property or an offense, including the attempt, solicitation or conspiracy to commit the offense, under any of the following provisions of 18 Pa.C.S. (relating to crimes and offenses):
(1) Section 2501 (relating to criminal homicide).(2)Section 2702 (relating to aggravated assault).(3) Section 3121 (relating to rape).(4) Section 3122.1 (relating to statutory sexual assault).(5) Section 3123 (relating to involuntary deviate sexual intercourse).(6) Section 3124.1 (relating to sexual assault).(7) Section 3125 (relating to aggravated indecent assault).(8) Section 3126 (relating to indecent assault).(9)Section 3301 (relating to arson and related offenses)(10)Section 3701 (relating to robbery).(11)Section 3702 (relating to robbery of motor vehicle). "School district" shall mean school district of the first class.
(i) At least eighty per centum (80%) of all appropriations for the Office of Safe Schools Advocate in fiscal year 2006-2007 shall be expended by June 30, 2007, and the remaining balance of the appropriation shall be committed or encumbered by June 30, 2007.Amended by P.L. TBD 2020 No. 110, § 2, eff. 1/2/2021.1949, March 10, P.L. 30, No. 14, art. XIII-A, § 1310-A, added 2000, Nov. 22, P.L. 672, No. 91, § 3, imd. effective. Amended 2006, July 11, P.L. 1092, No. 114, § 2.4, imd. effective; 2011, June 30, P.L. 112, No. 24, §21, effective in 60 days [ 8/29/2011].