Pennsylvania - Bullying Policy Consequences: Policy or Plan Requirements

Area: 
Policy Or Plan Requirements
Policy Type: 
Statute
Summary: 

State law requires districts to adopt anti-bullying policies addressing some U.S. Department of Education-recommended policy requirements.

Pennsylvania Unconsolidated Statutes 1949 Act 14. Article XIII-A. Safe Schools. Section 1303.1-A. Policy Related to Bullying.

(a) ...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.


Pennsylvania Statutes Section 2709 Title 18

(a.1) Cyber harassment of a child.—
(1) A person commits the crime of cyber harassment of a child if, with intent to harass, annoy or alarm, the person engages in a continuing course of conduct of making any of the following by electronic means directly to a child or by publication through an electronic social media service:

  • (i) seriously disparaging statement or opinion about the child’s physical characteristics, sexuality, sexual activity or mental or physical health or condition; or
  • (ii) threat to inflict harm.
    (2)(i) If a juvenile is charged with a violation of paragraph (1), the judicial authority with jurisdiction over the violation shall give first consideration to referring the juvenile charged with the violation to a diversionary program under Pa.R.J.C.P. No. 312 (relating to Informal Adjustment) or No. 370 (relating to Consent Decree). As part of the diversionary program, the judicial authority may order the juvenile to participate in an educational program which includes the legal and nonlegal consequences of cyber harassment.
  • (ii) If the person successfully completes the diversionary program, the juvenile’s records of the charge of violating paragraph (1) shall be expunged as provided for under section 9123 (relating to juvenile records).
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