24 Pa. Stat. § 13-1318.1

Current through P.A. Acts 2023-32

Section 13-1318.1 - Students Convicted or Adjudicated Delinquent of Sexual Assault

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(a)

(1) Notwithstanding sections 510 and 2134 , if a student enrolled in a public school entity is convicted or adjudicated delinquent of committing a sexual assault upon another student enrolled in the same public school entity, the public school entity shall, pursuant to applicable laws and regulations, take one of the following actions:

(i) Expel the convicted or adjudicated student.

(ii) Transfer the convicted or adjudicated student to an alternative education program.

(iii) Reassign the convicted or adjudicated student to another school or educational program within the public school entity.

(2) A public school entity shall ensure that the convicted or adjudicated student is not educated in the same school building, transported on the same school vehicle or allowed to participate in the same school-sponsored activities at the same time as the victim.

(3) A public school entity May not take action under paragraph (1) if:

(i) The public school entity has already expelled, transferred or reassigned the convicted or adjudicated delinquent student for the same sexual assault.

(ii) The convicted or adjudicated student does not attend the same school as the victim.

(b) The public school entity may not be prohibited from taking action under this section for convictions or adjudications for sexual assaults that occur outside a school setting if the assault :

(1) Was against another student enrolled in the same public school entity; and

(2) has the effect of:

(i) substantially interfering with the victim's education;

(ii) creating a threatening or hostile educational environment; or

(iii) substantially disrupting the orderly operation of the school.

(c) A student expelled, transferred or reassigned under this section may return to the student's originally assigned school only if:

(1) the victim ceases to be enrolled in the public school entity from which the convicted or adjudicated delinquent student was expelled, transferred or reassigned; or

(2) the conviction or delinquency adjudication on which the expulsion, transfer or reassignment was based is reversed and no appeal is pending.

(d) Nothing in this section shall be construed as limiting the authority or duty of a public school entity to make an alternative assignment or provide alternative educational services during or after the period of expulsion.

(e) A student convicted of sexual assault upon another student enrolled in the same public school entity shall notify the public school entity of the conviction no later than 72 hours after the conviction.

(f) A public school entity receiving a student who transfers from a public or nonpublic school during or after the period of expulsion for an act or offense involving a sexual assault conviction or adjudication of delinquency may assign that student to an alternative assignment or provide alternative education services .

(g) Prior to admission to a public school entity, the parent, guardian or other person having control or charge of a student shall, upon registration, provide a sworn statement or affirmation stating whether the student was previously or is presently expelled under the provisions of this section. The registration shall include the name of the school from which the student was expelled with the dates of expulsion and shall be maintained as part of the student's disciplinary record. Any wilful false statement made under this subsection shall be subject to 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).

(h) Each public school entity shall develop or update its written policies to ensure compliance with this section.

(i) A public school entity shall, in the case of students with disabilities, take all steps necessary to comply with the Individuals with Disabilities Education Act ( Public Law 91-230, 20 U.S.C. § 1400 et seq.).

(j) As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Convicted" means a finding of guilty by a judge or a jury or the entry of a plea of guilty or nolo contendere for sexual assault whether or not judgment of sentence has been imposed.

"Public school entity" means a school district, independent school, area career and technical school, intermediate unit, charter school, regional charter school or cyber charter school.

"School setting" means in the school, on school grounds, in school vehicles, at a designated bus stop or at any activity sponsored, supervised or sanctioned by the school.

"School-sponsored activities" means any assemblies, field trips, class trips, graduation ceremonies, athletics, extracurricular activities, clubs, groups, teams or any activities sponsored, held or approved by the public school entity.

"Sexual assault" shall include any of the offenses specified under the following provisions of 18 Pa.C.S. (relating to crimes and offenses):

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 3125 (relating to aggravated indecent assault ).

Section 3126 (relating to indecent assault ).

24 P.S. § 13-1318.1

Added by P.L. TBD 2020 No. 110, § 1, eff. 1/2/2021.