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EXCERPTS FROM STATE LAWS WHICH APPLY TO STUDENTS
- Section 1317 of the Pennsylvania Public School Code of 1949, page 187, as amended. Every teacher in the public schools in this commonwealth shall have the right to exercise the same authority as to conduct and behavior over the pupils attending this school, during the time they are in attendance, including the time required in going to and from their homes, as the parents, guardians, or persons in parental relations to such pupils may exercise over them.
- Section 1318 of the Pennsylvania Public School Code of 1949, page 187, as amended. Every principal or teacher in charge of a public school may temporarily suspend any pupil on account of disobedience or misconduct.
- Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, Act of April 14, 1972, P.I. 233, No. 64, as amended, 35 P.S. 780-101 et seq.DRUGS ~ Any chemical, organic or inorganic substance classified as a “controlled substance” by the “Drug” shall include but not limited to:
- Any opiate, or derivative or compound of opium;
- Any hallucinogenic substance including lysergic and diethylamide, mescaline, peyote, psilocybin and tetrahydrocannabinols; Marijuana, including all forms, species and/or varieties of genus cannabis sative L., seeds, resins, oils and compounds thereof;
- Cocaine, coco leaves and any compound, derivative or preparation thereof;
- Stimulants, including amphetamine, phenmetramine, methylpheniate, methamphetamine and any compound, mixture or preparation containing any quantity thereof;
- Depressants, including barbituric acid or any compound or derivative thereof;
- So-called “look-alike drugs” or compounds containing caffeine, ephedrine or similar substances, packaged or intended to look like a controlled substance as further defined in the “Controlled Substances, Drug, Device and Cosmetic Act”.
- Inhalants, such as amyl nitrates or so-called “Rush”, airplane glue, either, kerosene, gasoline or compounds thereof.
“Drug” shall not include any substance prescribed by a licensed physician for a student; provided that the student first registers the drugs with the school nurse or health office at the time they are first brought onto school premises and used in accordance with instructions of the prescribing physician.
4. Section 1. Section3304 (a) of Title 18 of the Pennsylvania Consolidated Statutes is amended to read: § 3304. Criminal mischief. VANDALISM ~The General Assembly finds and declares as follows:
- For the health, safety and welfare of the residents of this Commonwealth, the laws designated to deter the defacement of public and private property through the use of aerosol spray paint cans, broad-tipped indelible markers and other marking devices should be strengthened.
- Where appropriate, the court should require those who commit acts of defacement to restore the damaged property to its original condition.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Offense defined ~ A person is guilty of criminal mischief if he:
- Damages tangible property of another intentionally, recklessly, or by negligence in the employment of fire, explosives, or other dangerous means listed in section 3302(a) of this title (relating to causing or risking catastrophe):
- Intentionally or recklessly tampers with tangible property of another so as to endanger person or property; (or)
- Intentionally or recklessly causes another to suffer pecuniary loss by deception or threat; (or)
- Intentionally defaces or otherwise damages tangible public property or tangible property of another with an aerosol spray-paint can, broad-tipped indelible marker or similar marking device.
Section 777, School Code, states that the legal penalty is a fine of up to $1000 and/or a jail term not exceed 6 months, at the court’s discretion.
5. ACT 145 of 1996 Section 6306.1 – USE OF TOBACCO IN SHOOLS PROHIBITED
- Offense Defined ~ A pupil who possesses or uses tobacco in a school building, a school bus or on school property owned by, leased by or under the control of a school district commits a summary offense.
- Grading ~ A pupil who commits an offense under this section shall be subject to prosecution initiated by the local school district and shall, upon conviction, be sentenced to pay a fine of not more that $50 for the benefit of the school district in which such offending pupil resides, and to pay court costs. When a pupil is charged with violating subsection (A), the court may admit the offender to an adjudication alternative as authorized under 24 Pa C.S. Section 1520 (relating to adjudication alternative program) in lieu of imposing the fine.
- Nature of Offense ~ A summary offense under this section shall not be a criminal offense of record, shall not be reportable as a criminal offense of record, shall not be reportable as a criminal act and shall not be placed on the criminal record of the offending school-age person if any such record exists.
- Definitions ~ As used in this section, the following words and phrases shall have the meanings given to them in this subsection: “Pupil” ~ A person between the ages of 6 and 21 years who is enrolled in school. “School” ~ A school operated by a joint board, board of directors or school board where pupils are enrolled in compliance with A the Act of March 10, 1949 (P.I. 30, No. 14), known as the Public School Code of 1949, including area vocational-technical schools and intermediate units. “Tobacco” ~ A lighted or unlighted cigarette, cigar, pipe or other lighted smoking product and smokeless tobacco in any form.
RIGHT TO SEARCH
At no time does the Forest Area School District relinquish control of hallways, lockers, physical education lockers, or any other part of the school building or property. School officials reserve the right to and will randomly search any and all school property at any time there is suspicion of an immediate danger to the health, safety and welfare of others. These searches may encompass any and all items stored in lockers or in any other area of school property. In addition, school officials have the right to search students, their direct possessions, and automobiles parked on school property if there is reasonable suspicion that the student is in violation of any school rule or policy, or poses a threat to themselves or others while on school property. Searches may include, but are not limited to, the utilization of a certified police drug detection dog, metal detection units, or any other device deemed useful in protecting the health, safety, and welfare of the school population.
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