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 grounds and buildings, further 
6providing for sale of unused and unnecessary lands and 
7buildings and for school police officers; and, in safe 
8schools, further providing for Office for Safe Schools.

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

11Section 1. Section 707(8) of the act of March 10, 1949
12(P.L.30, No.14), known as the Public School Code of 1949,
13amended December 21, 1988 (P.L.1321, No.169), is amended to
14read:

15Section 707. Sale of Unused and Unnecessary Lands and
16Buildings.--The board of school directors of any district is
17hereby vested with the necessary power and authority to sell
18unused and unnecessary lands and buildings, by any of the
19following methods and subject to the following provisions:

1* * *

2(8) Notwithstanding the foregoing provisions of this
3section, any school district of the second, third or fourth
4class, upon approval of two-thirds (2/3) of the members of the
5board of school directors of such district, may convey any
6unused and unnecessary lands and buildings of the district to
7the city, borough, town [or], township or municipal authority,
8the boundaries of which are coterminous with or within those of
9the district or a volunteer fire company, volunteer ambulance
10service or volunteer rescue squad located within the district,
11without consideration, or for such consideration and on such
12terms of exchange or otherwise as may be agreed upon, without
13first complying with the requirements of the foregoing
14provisions of this section.

15All such conveyances to a city, borough, town [or], township
16or municipal authority shall contain a clause whereby the lands
17and buildings will revert to the school district if they are no
18longer being used for municipal or authority purposes, with the
19following exception. If the lands and buildings acquired from a
20former school district are conveyed to a city, borough, town
21[or], township or municipal authority, the boundaries of which
22are coterminous with or within those of the former school
23district, the conveyance need not contain a reverter clause.
24However, all conveyances to a volunteer fire company, volunteer
25ambulance service or volunteer rescue squad shall contain a
26clause whereby the lands and buildings will revert to the school
27district if they are no longer being used for fire, ambulance or
28rescue services.

29* * *

30Section 2. Section 778 of the act, amended or added June 25,

11997 (P.L.297, No.30) and July 4, 2004 (P.L.536, No.70), is
2amended to read:

3Section 778. School Police Officers.--(a) Any school 
4[district] entity or nonpublic school may apply to any judge of 
5the court of common pleas of the county within which the school 
6[district] entity or nonpublic school is situated to appoint 
7such person or persons as the board of directors of the school 
8[district] entity or administration of the nonpublic school may 
9designate to act as school police officer for said school 
10[district] entity or nonpublic school. The judge, upon such 
11application, may appoint such person, or so many of them as he 
12may deem proper, to be such school police officer and shall note 
13the fact of such appointment to be entered upon the records of 
14the court. The judge may, at the request of the school 
15[district] entity or nonpublic school, grant the school police 
16officer the power to arrest as provided in subsection (c)(2), 
17the authority to issue citations for summary offenses or the 
18authority to detain students until the arrival of local law 
19enforcement, or any combination thereof.

20(a.1) Any school [district] entity or nonpublic school which
21employs a school police officer under this section shall report
22annually to the Department of Education, Office of Safe Schools,
23the following information regarding school police officers
24receiving training as required under 53 Pa.C.S. Ch. 21 Subch. D
25(relating to municipal police education and training):

26(1) The identity of the school [district] entity or 
27nonpublic school and the number of school police officers it
28employs.

29(2) The municipalities comprising the school [district]
30entity or in which the nonpublic school is located.

1(3) The date and type of training provided to each school
2police officer.

3(b) Every school police officer so appointed shall, before
4entering upon the duties of his office, take and subscribe to
5the oath required by the seventh article of the Constitution,
6before an alderman or justice of the peace or prothonotary. Such
7oath shall be filed by the justice of the peace, alderman, or
8prothonotary among his papers, and a note made upon his docket
9of the fact of the oath having been taken.

10(b.1) Every school police officer who has been granted
11powers under subsection (c)(2) or (3) or has been authorized to
12carry a firearm must, before entering upon the duties of his
13office, successfully complete training as set forth in 53
14Pa.C.S. Ch. 21 Subch. D or have graduated from the Pennsylvania 
15State Police Academy and have been employed as a State trooper 
16with the Pennsylvania State Police.

17(c) Such school police officer so appointed shall severally
18possess and exercise all the following powers and duties:

19(1) To enforce good order in school buildings, on school
20buses and on school grounds in their respective school
21[districts] entity or nonpublic school. For purposes of this
22clause, the term "school bus" shall include vehicles leased by
23the school [district] entity or nonpublic school to transport
24students and vehicles of mass transit used by students to go to
25and from school when the school police officer is responding to
26a report of an incident involving a breach of good order or
27violation of law.

28(2) If authorized by the court, to exercise the same powers
29as are now or may hereafter be exercised under authority of law
30or ordinance by the police of the municipality wherein the

1school property is located.

2(3) If authorized by the court, to issue summary citations
3or to detain individuals until local law enforcement is
4notified.

5(d) Such school police officer shall, when on duty,
6severally wear a metallic shield or badge with the words "School
7Police," and the name of the [district] school entity or 
8nonpublic school for which appointed. Such shield shall always
9be worn in plain view when on duty except when employed as
10detective.

11(e) The compensation of such school police officers shall be
12paid by the school [district] entity or nonpublic school for
13which the school police officers are respectively appointed, as
14may be agreed upon between the board of school directors or 
15administration of the nonpublic school and the school police
16officer.

17(f) School [districts] entities or nonpublic schools and
18municipalities may enter into cooperative police service
19agreements pursuant to 42 Pa.C.S. § 8953(e) (relating to
20Statewide municipal police jurisdiction) and 53 Pa.C.S. § 2303 
21(relating to intergovernmental cooperation authorized) to
22authorize the exercise of concurrent jurisdiction with local law
23enforcement within the municipality where the school or school
24[district] entity or nonpublic school is located or within the
25municipality in which a school event or activity will take
26place.

27(f.1) (1) If a school is located within a municipality
28where no municipal police department exists, the school entity
29or nonpublic school may enter into a cooperative police service
30agreement pursuant to 42 Pa.C.S. § 8953(e) and 53 Pa.C.S. § 2303

1with a municipality providing full-time police coverage that is
2located adjacent to the school. At least thirty (30) days prior
3to executing a cooperative police service agreement under this
4subsection, the school entity or nonpublic school shall provide
5written notice of its intent to enter into the agreement to the
6municipality where the school is located. A copy of the executed
7agreement shall be provided to the commanding officer of the
8Pennsylvania State Police installation that provides primary
9police services to the municipality where the school is located.

10(2) A cooperative police service agreement entered into
11under this subsection shall only pertain to actions taken on
12school property pursuant to the agreement and shall not affect
13the jurisdiction of the Pennsylvania State Police.

14(g) When acting within the scope of this section, school
15police officers shall, at all times, be employes of the school
16district and shall be entitled to all of the rights and benefits
17accruing therefrom.

18(h) Nothing in this section shall be construed to preclude a
19school [district] entity or nonpublic school from employing
20other security personnel as the school [district] entity or 
21nonpublic school deems necessary.

22(i) As used in this section, "school entity" shall have the
23same meaning given to it under section 222(c).

24Section 3. Section 1302-A(c.1) and (d) of the act, amended
25or added July 18, 2013 (P.L.571, No.70), are amended, subsection
26(b) is amended by adding paragraphs and the section is amended
27by adding a subsection to read:

28Section 1302-A. Office for Safe Schools.--* * *

29(b) The office shall have the power and duty to implement 
30the following:

1* * *

2(8) To establish criteria<-, in consultation with the 
3Pennsylvania State Police, for certifying approved vendors to
4provide school police officers to nonpublic schools for the
5purposes of awarding grants under subsection (c.1)(3).

6(9) To publish and post on the Department of Education's
7publicly accessible Internet website a listing of all approved
8vendors under paragraph (8).

9* * *

10(c.1) (1) In addition to the powers and duties set forth
11under subsections (b) and (c), the office is authorized to make
12targeted grants to school entities [and to], municipalities, 
13local law enforcement agencies and approved vendors to fund
14programs which address school violence by establishing or
15enhancing school security, including costs associated with the
16training and compensation of school resource officers and school
17police officers. Municipalities or local law enforcement 
18agencies that receive grants under this subsection shall, with
19the prior consent of the governing board of the school entity or
20nonpublic school, assign school resource officers to carry out
21their official duties on the premises of the school entity or
22nonpublic school.

23(2) Municipalities or local law enforcement agencies may not
24receive grant funds under this subsection for any purpose other
25than for costs associated with school resource officers and are
26not eligible for other grants provided to school entities under
27this section. In assigning school resource officers pursuant to
28this subsection, municipalities shall take into consideration
29the proportion of students enrolled in each school entity or
30nonpublic school.

1(3) Nonpublic schools are authorized to apply to the office
2for grant funding under paragraph (1) to be used for the costs
3associated with obtaining the services of a school police
4officer from a list of approved vendors certified by the office.
5Grant awards for this purpose shall be awarded and paid directly
6to the approved vendor with which the nonpublic school contracts
7for services. <-Nonpublic schools may not apply for grant funding 
8under this section for any purpose other than obtaining the 
9services of a school police officer under this paragraph.

10(d) The office shall have the following duties as to
11targeted grants:

12(1) Targeted grants shall be allocated through a competitive
13grant review process established by the office. School entities
14must satisfy the requirements of this section and section 1303-A
15to be eligible for grants. The application for a targeted grant
16shall include:

17(i) the purpose for which the targeted grant shall be
18utilized;

19(ii) information indicating need for the targeted grant,
20including, but not limited to, school violence statistics;

21(iii) an estimated budget;

22(iv) methods for measuring outcomes; and

23(v) any other criteria as the office may require.

24(2) The office shall:

25(i) Give priority in grant funding under subsection (c) to a 
26school entity designated as a persistently dangerous school as 
27defined in 22 Pa. Code § 403.2 (relating to definitions).

28(ii) Give priority in grant funding under subsection (c) to
29school entities with the greatest need to establish safety and
30order.

1(iii) To the greatest extent possible, ensure that grant
2funding is geographically dispersed to school entities and
3municipalities throughout this Commonwealth.

4(iv) For school entities [and], municipalities, local law 
5enforcement agencies and nonpublic schools that apply for
6funding for the training and compensation of school resource
7officers and school police officers under subsection (c.1), give
8priority to school entities [and], municipalities, local law 
9enforcement agencies and nonpublic schools that utilize school
10resource officers or school police officers who have completed
11additional training recommended by the Department of Education
12relating to interaction with all children and adolescents within
13a school setting.

14(v) For school entities or nonpublic schools that apply for
15funding for school police officers under subsection (c.1), give
16priority to school entities and nonpublic schools that utilize
17school police officers who satisfy all of the following:

18(A) Are retired Federal agents or retired State, municipal
19or military police officers.

20(B) Are independent contractors of the school entity or 
21nonpublic school.

22(C) Are compensated on an hourly basis and receive no other
23compensation or fringe benefits from the school entity or 
24nonpublic school.

25(D) Have completed such annual training as shall be required
26by the Municipal Police Officers' Education and Training
27Commission pursuant to 53 Pa.C.S. Ch. 21 Subch. D (relating to
28municipal police education and training).

29(E) Are in satisfaction of the requirements of section 111.

30(F) [Have] In the case of a school entity, have been

1indemnified by the school entity pursuant to 42 Pa.C.S. § 8548
2(relating to indemnity).

3(G) Are utilized by a school entity or nonpublic school that
4has not employed a school police officer within the three years
5immediately preceding the effective date of this clause.

6Nothing in this clause shall be construed to impact on grant
7decisions for school entities [and], municipalities or local law 
8enforcement agencies that apply for funding for hiring of school
9resource officers pursuant to subsection (c.1).

10(3) The office shall provide all targeted grant agreements
11to the Department of Education's comptroller for review and
12approval prior to awarding the grant. The school entity [or],
13municipality, local law enforcement agency or approved vendor
14shall provide the office with full and complete access to all
15records relating to the performance of the grant, and shall
16submit, at such time and in such form as may be prescribed,
17truthful and accurate information that the office may require.
18The office shall conduct a thorough annual evaluation of each
19program for which a grant under this section is made. The office
20shall seek repayment of funds if it determines that funds were
21not utilized for the original stated purpose.

22* * *

23(f) As used in this section, "school entity" shall have the
24same meaning given to it under section 222(c).

25Section 4. This act shall take effect in 60 days.