24 Pa. Stat. § 13-1319-B

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 13-1319-B - Reporting and memorandum of understanding

(a) Data reporting and access.--In collaboration and coordination with the committee, the department shall collect information as required by this section. The committee may request information collected by the department under this section. The department shall provide the information requested no later than 10 days after the request date to the extent permitted by law.

(b) Reporting by chief school administrator.--A chief school administrator shall report to the department 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 report shall include all incidents involving conduct that constitutes a criminal offense listed under subsection (b)(7) and (8). Reports, on a form to be developed and provided by the department, in collaboration and coordination with the committee, shall include:

(1) The age or grade of the students involved.

(2) The name and address of school.

(3) The circumstances surrounding the incident, including, but not limited to, the type of weapon, controlled substance, alcohol or tobacco, the date, time and location of the incident, if a person other than a student is involved in the incident and any relationship of the person to the school entity.

(4) The race of the students involved.

(5) Whether the students have an Individualized Education Plan under 20 U.S.C. Ch.33 (relating to education for individuals with disabilities) and, if so, the type of disability.

(6) Any sanction imposed by the school.

(7) A list of criminal offenses which may, 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).

Section 912 (relating to possession of weapon on school property).

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 offense 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).

Section 6110.1 (relating to possession of firearm by minor).

(ii) The possession, use or sale of a controlled substance or drug paraphernalia as defined in the Controlled Substance, Drug, Device and Cosmetic Act.

(iii) An attempt, solicitation or conspiracy to commit an offense listed in subclauses (i) and (ii).

(iv) An offense for which registration is required under 42 Pa.C.S. § 9799.55 (relating to registration).

(8) 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 when the offense is a misdemeanor of the second degree.

Section 3503(b)(1)(i), (ii), (iii) and (iv), (b.1) and (b.2).

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 products).

Section 6306.1 (relating to use of tobacco products in schools prohibited).

Section 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages).

(9) Notification of law enforcement.

(10) Remedial programs involved.

(11) Parental involvement required.

(12) Arrests, convictions and adjudications, if known.

(c) Duties.--Prior to submitting the report required under subsection (b), each chief school administrator and each law enforcement agency having jurisdiction over school property of the school entity shall comply with the following:

(1) No later than 30 days prior to the deadline for submitting the report to the department required under subsection (b), the chief school administrator shall submit the report to the law enforcement agency with jurisdiction over the relevant school property. The law enforcement agency shall review the report and compare the data regarding criminal offenses and notification of law enforcement to determine whether the report accurately reflects law enforcement incident data.

(2) No later than 15 days prior to the deadline for the chief school administrator to submit the report required under subsection (b), the law enforcement agency shall notify the chief school administrator, in writing, whether the report accurately reflects law enforcement incident data. Where the law enforcement agency determines that the report accurately reflects law enforcement incident data, the chief of police shall sign the report. If the law enforcement agency determines that the report does not accurately reflect law enforcement incident data, the law enforcement agency shall indicate any discrepancy between the report and law enforcement incident data.

(3) Prior to submitting the report required under subsection (b), the chief school administrator and the law enforcement agency shall attempt to resolve any discrepancy between the report and law enforcement incident data. If a discrepancy remains unresolved, the law enforcement agency shall notify the chief school administrator and the department in writing.

(4) If a law enforcement agency fails to take action as required under paragraph (2) or (3), the chief school administrator shall submit the report required under subsection (b) and indicate that the law enforcement agency failed to take action as required under paragraph (2) or (3), as applicable.

(d) Advisory committee.--A chief school administrator shall form an advisory committee composed of relevant school staff, including, but not limited to, principals, security personnel, school safety and security coordinator, emergency services personnel, school security personnel, guidance counselors and special education administrators to assist in the development of a memorandum of understanding under this section. In consultation with the advisory committee, the chief school administrator shall enter into a memorandum of understanding with law enforcement agencies having jurisdiction over school property of the school entity. The chief school administrator shall submit a copy of the memorandum of understanding to the department by June 30, 2024, and biennially update and re-execute a memorandum of understanding with law enforcement and file the memorandum with the department on a biennial basis. The memorandum of understanding shall be signed by the chief school administrator, the chief of police of the law enforcement agency with jurisdiction over the relevant school property and principals of each school building of the school entity. The memorandum of understanding shall comply with the regulations promulgated under section 1306.2-B and shall also include:

(1) A procedure for law enforcement agency review of the annual report required under subsection (b) prior to the chief school administrator filing the report with the department.

(2) A procedure for the resolution of a school violence data discrepancy in the report prior to filing the report required with the department.

(3) Additional matters pertaining to crime prevention agreed to between the chief school administrator and the law enforcement agency.

(e)Construction.--Pursuant to 20 U.S.C. § 1415(k)(6) (relating to procedural safeguards), nothing in section 1302.1-A or this section shall be construed to prohibit a school entity from reporting a crime committed by a child with a disability to appropriate authorities or to prevent State law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a child with a disability.

(f)Noncompliance.--If a school entity or law enforcement agency fails to comply with the provisions of this section, the school entity or law enforcement agency may not be awarded any grant administered by the committee until such time as the school entity or law enforcement agency has complied with this section.

(g)Report to the General Assembly.--

(1) The committee shall review and make recommendations in a report to the General Assembly relating to the following:

(i) All required reporting under this section, including consideration of the criminal offenses under subsection (b)(7) and (8).

(ii) All required reporting under this Article and Article XIII-C.

(2) The recommendations shall, at a minimum, include whether the appropriate amount of data is being collected and, if applicable, proposed elimination of any duplicative reporting requirements.

(3) The committee shall transmit notice of the reports under subparagraphs (1) and (2) to the department and the General Assembly. The committee shall transmit notice of the reports to the Legislative Reference Bureau for publication in the next available issue of the Pennsylvania Bulletin.

24 P.S. § 13-1319-B

Added by P.L. TBD 2023 No. 33,§ 21, eff. 12/13/2023.