§ 13-1318.1. Students convicted or adjudicated delinquent of sexual assault
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 24 P.S. EducationEffective: January 4, 2021
Effective: January 4, 2021
24 P.S. § 13-1318.1
§ 13-1318.1. Students convicted or adjudicated delinquent of sexual assault
(a)(1) Notwithstanding sections 510 and 2134,1 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:
(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 willful false statement made under this subsection shall be subject to 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
“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).
Credits
1949, March 10, P.L. 30, No. 14, art. XIII, § 1318.1, added 2020, Nov. 3, P.L. 1087, No. 110, § 1, effective in 60 days [Jan. 4, 2021].
Footnotes
24 P.S. §§ 5-510 and 21-2134.
24 P.S. § 13-1318.1, PA ST 24 P.S. § 13-1318.1
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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