Pennsylvania HB 830: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in student supports, further providing for policy relating to bullying.

Bill Text

PRIOR PRINTER'S NO. 861 PRINTER'S NO. 3063
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 830
Session of
2025
INTRODUCED BY O'MARA, BURGOS, FIEDLER, GIRAL, M. MACKENZIE,
KENYATTA, McNEILL, ABNEY, SANCHEZ, HOWARD, CEPEDA-FREYTIZ,
HADDOCK, SCHLOSSBERG, MALAGARI, FREEMAN, HILL-EVANS, FLEMING,
OTTEN, CERRATO, GREEN, MAYES, WAXMAN, RADER, HANBIDGE,
PIELLI, SHUSTERMAN, DONAHUE, MERSKI AND STEELE,
MARCH 10, 2025
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 24, 2026
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in student supports, further
providing for policy relating to bullying.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1303.1-A(a) and (e) of the act of March
10, 1949 (P.L.30, No.14), known as the Public School Code of
1949, are OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS
THE PUBLIC SCHOOL CODE OF 1949, IS amended to read:
Section 1303.1-A. Policy Relating to Bullying.--(a) No
later than January 1, 2009, each school entity shall adopt a
policy or amend its existing policy relating to bullying and
incorporate the policy into the school entity's code of student
conduct required under 22 Pa. Code § 12.3(c) (relating to school
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rules). The policy shall delineate disciplinary consequences for
bullying and may provide for prevention, intervention and
education programs, provided that no school entity shall be
required to establish a new policy under this section if one
currently exists and reasonably fulfills the requirements of
this section. The policy shall identify the appropriate school
staff person to receive reports of incidents of alleged
bullying. The policy shall include mechanisms to notify parents
and legal guardians of children involved in a bullying or
cyberbullying incident within five (5) days of the incident. A
school entity's notification to a parent about an incident or a
report of bullying, cyberbullying or retaliation must comply
with 20 U.S.C. § 1232g (relating to family educational and
privacy rights) and 34 CFR Pt. 99 (relating to family
educational rights and privacy). THE POLICY SHALL REQUIRE ALL
INCIDENTS OF ALLEGED BULLYING TO BE INVESTIGATED BY THE SCHOOL
ENTITY AND ESTABLISH A PROCEDURE FOR INVESTIGATING A REPORT OF
AN INCIDENT OF ALLEGED BULLYING RECEIVED BY THE SCHOOL ENTITY.
UPON INVESTIGATION AND NOT LATER THAN TWENTY-FOUR (24) HOURS
AFTER DETERMINING THAT AN INCIDENT OF BULLYING HAS OCCURRED, THE
SCHOOL ENTITY SHALL NOTIFY THE PARENTS AND LEGAL GUARDIANS OF
THE TARGET AND THE AGGRESSOR OF THE DETERMINATION AND THE SCHOOL
ENTITY'S PROCEDURES FOLLOWING THE INVESTIGATION. NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO PROHIBIT A SCHOOL ENTITY FROM
CONTACTING A PARENT OR LEGAL GUARDIAN OF A TARGET OR AGGRESSOR
ABOUT A REPORT OF AN ALLEGED INCIDENT OF BULLYING PRIOR TO A
DETERMINATION THAT AN INCIDENT OF BULLYING HAS OCCURRED.
* * *
(e) For purposes of this article, "bullying" shall mean an
intentional electronic, written, verbal or physical act, or a
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series of acts:
(1) directed at another student or students;
(2) which occurs in a school setting;
(3) that is severe, persistent or pervasive; and
(4) that has the effect of doing any of the following:
(i) substantially interfering with a student's education;
(ii) creating a threatening environment; or
(iii) substantially disrupting the orderly operation of the
school; [and]
"cyberbullying" shall mean a written, verbal or physical act
or series of acts of bullying that are committed during school
hours and through the use of data or computer software accessed
through a:
(1) computer;
(2) computer system;
(3) computer network; or
(4) cellular telephone or other wireless or cellular
communications device; and
"school setting" shall mean 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.
Section 2. This act shall take effect in 60 days.
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