AN ACT

 

1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An 
2act relating to the public school system, including certain 
3provisions applicable as well to private and parochial 
4schools; amending, revising, consolidating and changing the 
5laws relating thereto," in pupils and attendance, further 
6providing for excuses from attending school; <-in school health 
7services, further providing for automated external 
8defibrillators; and making an editorial change.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 1329 of the act of March 10, 1949 (P.L.

1230, No.14), known as the Public School Code of 1949, amended 
13June 22, 2001 (P.L.530, No.35), is amended to read:

14Section 1329. Excuses from Attending School.--(a) The board 
15of school directors of any school district may, upon 
16certification by any licensed practitioner of the healing arts 
17or upon any other satisfactory evidence being furnished to it, 
18showing that any child or children are prevented from attending 
19school, or from application to study, on account of any mental, 
20physical, or other urgent reasons, excuse such child or children
 

1from attending school as required by the provisions of this act, 
2but the term "urgent reasons" shall be strictly construed and 
3shall not permit of irregular attendance. In every such case, 
4such action by the board of school directors shall not be final 
5until the approval of the [Department of Public Instruction] 
6Department of Education has been obtained. Every principal or 
7teacher in any public, private, or other school may, for reasons 
8enumerated above, excuse any child for non-attendance during 
9temporary periods.

10(a.1) A school district may excuse a student from school
11attendance to participate in a nonschool-district-sponsored
12educational tour or trip consistent with State Board of
13Education regulations.

14(b) Pursuant to the requirements of 22 Pa. Code § 11.41 
15(relating to school district policies and rules), the board of 
16school directors shall formally adopt, as part of its written 
17rules governing pupil absences and excusals, a policy permitting 
18a student to be excused for participation in a project sponsored 
19by an organization that is eligible to apply for a grant under 
20section 5(3) of the act of July 8, 1986 (P.L.437, No.92), known 
21as the "Pennsylvania Agricultural Fair Act."

<-22Section 2. Section 1423 of the act, added May 17, 2001
23(P.L.4, No.4), is amended to read:

24Section 1423. Automatic External Defibrillators.--(a) [For
25the fiscal year 2001-2002, the] The department shall establish
26[a one-time] an automatic external defibrillator program to
27assist school entities in [acquiring] making automatic external
28defibrillators available in all school buildings.

29(b) [The] On a biennial basis, the department, in
30consultation with the Department of General Services and the
 

1Department of Health shall issue an invitation to bid for the
2cost of automatic external defibrillators and other equipment 
3and supplies necessary for the proper operation of the device.
4The department shall accept the bid of the lowest responsible
5bidder and permit any school entity to purchase the devices at
6the contract bid price. The department may purchase automatic 
7external defibrillators from any funds appropriated pursuant to 
8subsection (k) for distribution to school entities.

9(c) To be eligible to obtain or purchase automatic external
10defibrillators under the program a school entity must:

11(1) Assure that two (2) or more persons assigned to the
12location where the automatic external defibrillator will be
13primarily housed are trained as required in subsection (d).

14(2) Ensure that the device will be secured in a safe and
15readily accessible location and agree to properly maintain and
16test the device according to the manufacturer's operational
17guidelines.

18(3) Submit a valid prescription for the device from a
19licensed medical practitioner in this Commonwealth.

20(4) Agree to provide the training required by subsection
21(d).

22(d) School personnel who are expected to use the automatic
23external defibrillator shall complete training in
24cardiopulmonary resuscitation and in the use of an automatic
25external defibrillator provided by the American Heart
26Association, the American Red Cross or through an equivalent
27course of instruction approved by the Department of Health.

28(e) A school entity may include the training required by
29subsection (d) in its continuing professional education plan
30submitted to the department under section 1205.1.

1(f) The provisions of 42 Pa.C.S. § 8331.2 (relating to good
2Samaritan civil immunity for use of automated external
3defibrillator) shall apply to school employes who render care
4with an automatic external defibrillator.

5(g) From funds appropriated for this purpose, the
6department[, upon request, shall provide: up to two (2)
7automatic external defibrillators to each school district; one
8(1) automatic external defibrillator to each intermediate unit;
9and one (1) automatic external defibrillator to each area
10vocational-technical school.] may assist school entities that 
11need to be equipped with automatic external defibrillators by 
12providing a discount from the contract bid price obtained under 
13subsection (b) or by providing automatic external defibrillators 
14obtained under subsection (b).

15(g.1) The purchase of an automatic external defibrillator
16shall be considered an allowable use of Pennsylvania
17Accountability Grants under section 2599.2(b).

18(g.2) The purchase of automatic external defibrillators by a
19school entity shall be considered an innovative educational
20program under Article XVII-F of the act of March 4, 1971 (P.L.6,
21No.2), known as the Tax Reform Code of 1971.

22(h) [No school entity shall be required to participate in
23the automatic external defibrillator program.]

24(i) [No later than June 30, 2002, the secretary shall submit
25a report to the General Assembly describing the effectiveness of
26this section in outfitting the Commonwealth's school entities
27with automatic external defibrillators.] Not later than June 30, 
282014, and each year thereafter, each school entity shall make a 
29report to the department detailing the number, condition, age 
30and placement of automatic external defibrillators in each
 

1school building. After the initial report is made, a school 
2entity may report this information as part of the annual report 
3required by the Commonwealth under section 2505.1 to receive 
4State reimbursement for health services.

5(i.1) The department shall annually publish a report on its
6publicly accessible Internet website no later than December 31,
72014, and each year thereafter. The report shall contain the
8following information:

9(1) The total number of automatic external defibrillators by
10school entity.

11(2) The number of school buildings by school entity equipped
12with automatic external defibrillators.

13(3) The number of school buildings by school entity that
14need to be equipped with automatic external defibrillators.

15(i.2) A nonpublic school that agrees to the provisions in
16subsection (c) may purchase automatic external defibrillators
17under subsection (b).

18(j) The department may adopt guidelines as necessary to
19administer this section.

20(k) The General Assembly may appropriate funds to carry out 
21the provisions of this section.

22(l) As used in this section--

23"Automatic external defibrillator" means a portable device
24that uses electric shock to restore a stable heart rhythm to an
25individual in cardiac arrest.

26"Department" means the Department of Education of the
27Commonwealth.

28"School building" means a building owned by or under the
29control of a school entity where classes are taught or
30extracurricular activities are conducted on a regular basis.

1"School entity" means an area vocational-technical school, a
2charter school, a cyber charter school, an intermediate unit, a
3nonpublic school or a school district.

4"Secretary" means the Secretary of Education of the
5Commonwealth.

6Section <-2 3. This act shall take effect in 60 days.