Purdon's Statutes

Act 26 of 1995 (Amended June, 1997) amends the School Code by adding a new section (24 P.S. §13-1317.2) pertaining to the possession of weapons and a new Article entitled Safe Schools (Article XIII-A of 24 P.S.) which adds an additional nine sections to the Code. Act 26 imposes responsibilities upon schools in the following areas discussed more fully below: student expulsions; reporting; cooperation with the local law enforcement officials; and maintenance of records.

I. STUDENT EXPULSIONS

Section 1317.2 requires that a school district, charter schools, intermediate units, career and technical education schools or area vocational-technical school shall expel, for a period of not less than one year, a student who brought onto or is in possession of any weapon on any school property, at a school or a school-sponsored activity or onto any public conveyance providing transportation to a school or school-sponsored activity. The expulsion should be accomplished pursuant to applicable regulations in 22 Pa. Code, Chapters 12 and 14. The superintendent or administrative director may recommend to the board modifications of such expulsion requirements for a student on a case-by-case basis. Even though expelled, students of compulsory school age must be provided an educational program as required by 22 Pa. Code §12.6(e). School entities may make alternative assignments or provide alternative education services during the period of the expulsion. A school district receiving a student expelled for a violation of Act 26 from another public or private school may place the student in an alternative assignment or alternative education program for the duration of the expulsion, provided that the assignment may not exceed the period of expulsion. Every school district, charter school, career and technical education school and area vocational-technical school must develop a written policy regarding expulsions for possession of a weapon. In addition, the superintendent or other chief administrative officer of a school entity shall, in the case of an exceptional student, take all steps necessary to comply with the Individuals with Disabilities Education Act Amendments of 1997 (IDEA '97), 20 U.S.C. Section 1400 et. seq., including but not limited to, 20 U.S.C. Section 1415(k) and 34 C.F.R. Section 300.520(a)(2). See attached Definitions of Types of Misconducts.

II. REPORTING

A. Reporting to Local Law Enforcement
    Section 1317.2(f)(1) requires the school superintendent or chief
    administrator to report the discovery of any weapon to local law
    enforcement officials.
B. Reporting to the Department of Education
    Section 1303-A and 1317.2(f)(2) require all school entities to report
    all incidents involving acts of violence, possession of a weapon, or
    the possession, use or sale of a controlled substance, alcohol or
    tobacco to the Department of Education once a year. The Department
    of Education has developed an online registration process
    at www.safeschools.state.pa.us that all school entities must follow.
    School entities include public school districts, intermediate units,
    career and technical education schools or area vocational-technical
    schools and charter schools. This reporting requirement can be fulfilled
    by entering all the necessary data on the Annual Report on School
    Violence and Weapons Possession (PDE 360) for each of its school
     buildings onto the safe schools website. This deadline for submission
    of the final report is July 31 of each year. The Department of Education
    provided school numbers and passwords to all chief school
    administrators in June 2000. A blank copy of the PDE-360 form is
    attached for your reference.

III. COOPERATION WITH LOCAL LAW ENFORCEMENT ENTITIES

Pursuant to Section 1303-A all public school entities must develop a Memorandum of Understanding with local law enforcement entities, which outlines procedures to be followed when an incident involving an act of violence or possession of a weapon by any person occurs on school property. Law enforcement protocols used for this purpose must be developed in cooperation with the appropriate local law enforcement agency(ies) or Pennsylvania State Police as appropriate. A sample Memorandum of Understanding developed in conjunction with the Pennsylvania State Police is attached. In the event of an act of violence or incident of weapons possession, school entities are encouraged to seek consultation with law enforcement authorities. The fact that a school entity contacts law enforcement authorities will not necessarily lead to the filing of criminal charges.

IV. MAINTENANCE OF RECORDS

All schools in the Commonwealth, including all public school entities and non-public and private schools, are required to maintain updated records of all incidents of violence, incidents involving possession of a weapon, and convictions or adjudications of delinquency for acts committed on school property by an enrolled student on both a district-wide and school-by-school basis. A statistical summary of these records shall be made accessible to the public for examination during regular business hours. By entering data pertaining to incidents occurring within school buildings into the reporting system on a daily basis, schools will maintain a permanent record as required by this section. There is also an Individual Incident Report attached for keeping a single incident record.

V. ADDITIONAL GUIDANCE

Parental Registration Statement

A parent, guardian or other person registering a student for admission to any public school entity must complete a sworn statement provided by the school as to whether the student has been previously or is presently expelled from any public or private school, either in the Commonwealth or any other state, for an offense involving weapons, alcohol or drugs, willful infliction of injury to another person or for any act of violence on school property. The statement shall include the name of the school from which the student was suspended or expelled and the period of the suspension or expulsion. A sample Parental Registration Statement form, that may be adapted for local use to comply with this requirement, is attached.
Records Inspection

A student's Parental Registration Statement, disciplinary record and Individual Incident Records shall be available for inspection by the student and his parent, guardian or other person having control or charge of the student, school officials and to state and local law enforcement officials, as provided by law. Permission of parents or guardians is not required for transfer of the student disciplinary record to another school entity in which a student seeks enrollment or is enrolled. A school must transmit a certified copy of a student's disciplinary record to the school entity to which the student has transferred within ten (10) days of receipt of a request to supply it.
Technical Assistance

Act 26 of 1995 is available on the safe schools website at www.safeschools.state.pa.us and from your local state legislator. Technical assistance is available to all public schools from the Office of Safe Schools in implementing the provisions of Act 26.

REFERENCES:

Purdon's Statutes

24 P.S. §13-1317.2
24 P.S. Article XIII-A

State Board of Education Regulations

         22 Pa. Code, §12.6(e)
         22 Pa. Code, §12.8
         22 Pa. Code, §14.1
         22 Pa. Code, §14.25(n)
         22 Pa. Code, §14.35
         22 Pa. Code, §14.61(b)

Other

         20 U.S.C. §s1400, et.seq, including but not limited to,
         20 U.S.C. §1415(k) and
         34 C.F.R. §300.520(a)(2),
         Individuals with Disabilities Education Act Amendments of 1997
               (IDEA '97)
         20 U.S.C. §8921, Gun Free Schools Act of 1994
         Basic Education Circular-Disciplinary Changes in Placement of Special
               Education Students, 22 Pa. Code §14.35

ATTACHMENTS:
   (Note: PDF files require Acrobat Reader)

         Report PDE-360
               PDF Version
           Instructions and Codes to Complete Form PDE-360 (rev.9/02)
               PDF Version
           Definitions of Types of Misconducts
               PDF Version
         Sample Memorandum of Understanding
               PDF Version
         Sample Individual Incident Record
               PDF Version
            Sample Parental Registration Statement
               PDF Version

_______________________________________________________________________________

CONTACT BUREAU/OFFICE:

Office of Safe Schools

Bureau of Teaching and Learning

Pennsylvania Department of Education

333 Market Street

Harrisburg, PA 17126-0333

Voice: 717.783.3755

TDD: 717.783.8445