Section 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. III (relating to civil service reform). The advocate shall establish and maintain an office within the school district.(b)Powers and duties.--The safe schools advocate shall have the power and its duties shall be: (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) For the purposes of victim advocacy and to assist in the annual monitoring process under paragraph (1), to have direct access to the school district's internal document supporting the information required to be reported under section 1319-B.(3) To monitor the school district's compliance with the mandatory expulsion requirements of sections 1317.2 and 1318.1.(4) To receive inquiries from school staff and parents or guardians of students who are victims of conduct that constitutes a criminal offense on school property or to or from school.(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.(c) Additional duties.--A safe schools advocate shall, on behalf of victims of conduct that constitutes a criminal offense on school property or victims of at least two infractions of the school district's code of conduct:(1) Provide assistance and advice, including information on support services provided by victim assistance offices of the appropriate district attorney and through local community-based victim service agencies.(2) Provide information to the parent or guardian of a student victim regarding the disciplinary process and any action ultimately taken against the student accused of committing the conduct that constitutes a criminal offense.(3) If the possession or use of a weapon is involved, advise the parent or guardian of the victim whether the school district properly exercised its duty under section1317.2.(4) If the advocate has received a request by the parent or guardian of the victim, attend formal disciplinary proceedings.(5) With the consent of the parent or guardian of the victim, participate and present information in the disciplinary proceeding, which may include:(i) Making oral or written presentations, including testimony by the victim or the parent or guardian of the victim, regarding the impact on the victim and the victim's family and the appropriate disciplinary action; and(ii) Conducting direct or cross-examination of witnesses.(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.(7) If a school district has failed to report to the appropriate law enforcement agency as required by the memorandum of understanding, report the act directly.(8) Provide information to the office of the district attorney regarding the impact of the conduct that constitutes a criminal offense on the victim and the victim's family.(d) Notification.-- (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.(3) The principal of each school within the school district shall post a notice not less than 8 1/2" by 11" entitled "safe schools advocate" at a prominent location within each school building, where notices are usually posted.(4) The form of the notice shall also be developed by the safe schools advocate and provided to the school district.(e)Cooperation.--School administrators in a school district shall cooperate with the safe schools advocate to implement this section and provide the advocate, upon request, with all available information authorized by State law.(f) Applicable provisions.--The advocate and all employees and agents of the safe schools advocate shall be subject to20 U.S.C. § 1232G (relating to family educational and privacy rights) and 34 CFR Pt. 99 (relating to family educational rights and privacy).(g) Limitation.--This section shall not apply to the extent that it would conflict with the requirements of 20 U.S.C. Ch. 33 (relating to education of individuals with disabilities) or other applicable Federal statute or regulation.(h) Standing.-- (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.(3) The Executive Director of the commission, in consultation with the General Counsel, may designate a portion of the funds provided for the safe schools advocate: (i) For contracts for legal services to assist low-income parents or guardians of victims to obtain legal services for proceedings under subsection (a).(ii) To challenge a consent decree under subsection (b) or to bring an action under this act.(4) The designation of attorneys to receive funds under this subsection shall be within the discretion of the Office of General Counsel after consultation with the safe schools advocate.(5) Designated funds not expended under this subsection shall lapse to the General Fund.(6) Legal proceedings under this section shall be conducted by an attorney designated by the Office of General Counsel in consultation with the safe schools advocate. The attorney must be a member of the bar in good standing.(i)Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "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), known as the Crime Victims Act. The term may include an individual exercising self-defense when assaulted.
Added by P.L. TBD 2023 No. 33,§ 21, eff. 12/13/2023.