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 
12(P.L.30, No.14), known as the Public School Code of 1949,
13amended June 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 <-an educational tour or trip not
13sponsored by the school district consistent with State Board of
14Education regulations.

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

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

25Section 1423. Automatic External Defibrillators.--(a) [For
26the fiscal year 2001-2002, the] The department shall establish
27[a one-time] an automatic external defibrillator program to
28assist school entities in [acquiring] making automatic external
29defibrillators available in all school buildings.

30(b) [The] On a biennial basis, the department, in

1consultation with the Department of General Services and the
2Department of Health shall issue an invitation to bid for the
3cost of automatic external defibrillators and other equipment
4and supplies necessary for the proper operation of the device.
5The department shall accept the bid of the lowest responsible
6bidder and permit any school entity to purchase the devices at
7the contract bid price. The department may purchase automatic
8external defibrillators from any funds appropriated pursuant to
9subsection (k) for distribution to school entities.

10(c) To be eligible to obtain or purchase automatic external
11defibrillators under the program a school entity must:

12(1) Assure that two (2) or more persons assigned to the
13location where the automatic external defibrillator will be
14primarily housed are trained as required in subsection (d).

15(2) Ensure that the device will be secured in a safe and
16readily accessible location and agree to properly maintain and
17test the device according to the manufacturer's operational
18guidelines.

19(3) Submit a valid prescription for the device from a
20licensed medical practitioner in this Commonwealth.

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

23(d) School personnel who are expected to use the automatic
24external defibrillator shall complete training in
25cardiopulmonary resuscitation and in the use of an automatic
26external defibrillator provided by the American Heart
27Association, the American Red Cross or through an equivalent
28course of instruction approved by the Department of Health.

29(e) A school entity may include the training required by
30subsection (d) in its continuing professional education plan

1submitted to the department under section 1205.1.

2(f) The provisions of 42 Pa.C.S. § 8331.2 (relating to good
3Samaritan civil immunity for use of automated external
4defibrillator) shall apply to school employes who render care
5with an automatic external defibrillator.

6(g) From funds appropriated for this purpose, the
7department[, upon request, shall provide: up to two (2)
8automatic external defibrillators to each school district; one
9(1) automatic external defibrillator to each intermediate unit;
10and one (1) automatic external defibrillator to each area
11vocational-technical school.] may assist school entities that
12need to be equipped with automatic external defibrillators by
13providing a discount from the contract bid price obtained under
14subsection (b) or by providing automatic external defibrillators
15obtained under subsection (b).

16(g.1) The purchase of an automatic external defibrillator
17shall be considered an allowable use of Pennsylvania
18Accountability Grants under section 2599.2(b).

19(g.2) The purchase of automatic external defibrillators by a
20school entity shall be considered an innovative educational
21program under Article XVII-F of the act of March 4, 1971 (P.L.6,
22No.2), known as the Tax Reform Code of 1971.

23(h) [No school entity shall be required to participate in
24the automatic external defibrillator program.]

25(i) [No later than June 30, 2002, the secretary shall submit
26a report to the General Assembly describing the effectiveness of
27this section in outfitting the Commonwealth's school entities
28with automatic external defibrillators.] Not later than June 30,
292014, and each year thereafter, each school entity shall make a
30report to the department detailing the number, condition, age

1and placement of automatic external defibrillators in each
2school building. After the initial report is made, a school
3entity may report this information as part of the annual report
4required by the Commonwealth under section 2505.1 to receive
5State reimbursement for health services.

6(i.1) The department shall annually publish a report on its
7publicly accessible Internet website no later than December 31,
82014, and each year thereafter. The report shall contain the
9following information:

10(1) The total number of automatic external defibrillators by
11school entity.

12(2) The number of school buildings by school entity equipped
13with automatic external defibrillators.

14(3) The number of school buildings by school entity that
15need to be equipped with automatic external defibrillators.

16(i.2) A nonpublic school that agrees to the provisions in
17subsection (c) may purchase automatic external defibrillators
18under subsection (b).

19(j) The department may adopt guidelines as necessary to
20administer this section.

21(k) The General Assembly may appropriate funds to carry out
22the provisions of this section.

23(l) As used in this section--

24"Automatic external defibrillator" means a portable device
25that uses electric shock to restore a stable heart rhythm to an
26individual in cardiac arrest.

27"Department" means the Department of Education of the
28Commonwealth.

29"School building" means a building owned by or under the
30control of a school entity where classes are taught or

1extracurricular activities are conducted on a regular basis.

2"School entity" means an area vocational-technical school, a
3charter school, a cyber charter school, an intermediate unit, a
4nonpublic school or a school district.

5"Secretary" means the Secretary of Education of the
6Commonwealth.

7Section <-3 2. This act shall take effect in 60 days.