§ 13-1320-B. Safe schools advocate in school districts of the first class
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 24 P.S. EducationEffective: December 13, 2023
Effective: December 13, 2023
24 P.S. § 13-1320-B
Formerly cited as PA ST 24 P.S. § 13-1310-A; PA ST 24 P.S. § 13-1311-A
§ 13-1320-B. Safe schools advocate in school districts of the first class
(a) Establishment.--The Executive Director of the commission shall establish, within the commission, a safe schools advocate for each school district. The safe schools advocate shall not be subject to 71 Pa.C.S. Pt. III1 (relating to civil service reform). The advocate shall establish and maintain an office within the school district.
(1) To monitor on an annual basis, the school district's compliance with this section and the memorandum of understanding with the appropriate local law enforcement agency by selecting, reviewing and analyzing a sample of the school district's reporting under section 1319-B.2
(3) To monitor the school district's compliance with the mandatory expulsion requirements of sections 1317.2 and 1318.1.3
(5) 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 under 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 are protected.
(6) To establish a program to assure extensive and continuing public awareness of information regarding the role of the advocate on behalf of victims of conduct that constitutes a criminal offense on school property or to or from school, which may include the mailing of information to the parents or guardians of students in the school district or other forms of communication.
(7) To prepare an annual report regarding the activities of the advocate during the prior fiscal year and any recommendation for remedial legislation, regulation or school district administrative reform, which shall be submitted to the school district superintendent, the secretary, the Executive Director of the commission, 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.
(6) If the perpetrator of conduct that constitutes a criminal offense returns 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.
(1) Upon discovery of the commission of conduct that constitutes a criminal offense upon a student, the school district shall immediately notify the safe schools advocate of the incident, including the details of the incident and all of the individuals involved, and immediately notify the victim, the victim's parent or legal guardian.
(2) The form of the notice to the victim or the victim's parent or legal guardian shall be developed by the advocate and provided to the school district and shall include the address and telephone number of the advocate and a brief description of the purposes and functions of the safe schools advocate.
(1) If a student in a school district is a victim of an act of violence involving a weapon on school district property and the student who possessed the weapon was not expelled under section 1317.2, the parent or guardian of the victim shall have standing to institute a legal proceeding to obtain expulsion of the student.
(2) The Office of General Counsel shall have standing to bring an action on behalf of a victim or the parent or guardian of a victim of an act of violence in a school in a school district to modify, clarify or eliminate a consent decree that is related to discipline in the school district if, in consultation with the advocate, the Office of General Counsel believes that the action is in the best interests of the students of the school district.
“Low-income parent or guardian.” A parent whose family income is no greater than 250% of the Federal poverty level.
“School district.” A school district of the first class.
“Victim.” An individual against whom a crime has been committed or attempted and who, as a direct result of the criminal act or attempt, suffers physical or mental injury, death or the loss of earnings as those terms are defined under section 103 of the act of November 24, 1998 (P.L. 882, No. 111),4 known as the Crime Victims Act. The term may include an individual exercising self-defense when assaulted.
Credits
1949, March 10, P.L. 30, No. 14, art. XIII-B, § 1320-B, added 2023, Dec. 13, P.L. 187, No. 33, § 21, imd. effective.
Footnotes
71 Pa.C.S.A. § 2101 et seq.
24 P.S. § 13-1319-B.
24 P.S. §§ 13-1317.2, 13-1318.1.
18 P.S. § 11.103.
24 P.S. § 13-1320-B, PA ST 24 P.S. § 13-1320-B
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document |