PRIOR PRINTER'S NOS. 373, 865
PRINTER'S NO. 1034
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
383
Session of
2017
INTRODUCED BY WHITE, EICHELBERGER, VULAKOVICH, MARTIN, WARD,
HUTCHINSON, RAFFERTY AND YAW, FEBRUARY 15, 2017
AS AMENDED ON THIRD CONSIDERATION, JUNE 27, 2017
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in duties and powers of boards of
school directors, providing for protection and defense of
pupils.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 510.3. Protection and Defense of Pupils.--(a) The
SECTION 510.3. PROTECTION AND DEFENSE OF PUPILS.--(A) (1)
THE board of school directors in a school district may establish
a policy permitting school personnel access to firearms in the
buildings or on the grounds of a school.
(2) A BOARD OF SCHOOL DIRECTORS THAT ESTABLISHES A POLICY
UNDER THIS SECTION SHALL DO ALL OF THE FOLLOWING:
(I) ESTABLISH A FIREARM SAFETY PLAN. THE BOARD OF SCHOOL
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DIRECTORS SHALL FILE THE FIREARM SAFETY PLAN WITH THE LAW
ENFORCEMENT AGENCY THAT PROVIDES LAW ENFORCEMENT SERVICES TO THE
SCHOOL. A FIREARM SAFETY PLAN SHALL NOT BE DEEMED TO BE A PUBLIC
RECORD UNDER THE ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN
AS THE "RIGHT-TO-KNOW LAW." THE FIREARM SAFETY PLAN SHALL
INCLUDE ALL OF THE FOLLOWING:
(A) IDENTIFICATION OF THE SCHOOL PERSONNEL PERMITTED ACCESS
TO FIREARMS PURSUANT TO THIS SECTION.
(B) COORDINATION BETWEEN THE LAW ENFORCEMENT AGENCY AND
SCHOOL PERSONNEL, INCLUDING THE SCHOOL PERSONNEL PERMITTED
ACCESS TO FIREARMS UNDER THIS SECTION, DURING AN EMERGENCY
RESPONSE.
(C) PROCEDURES FOR THE LAW ENFORCEMENT AGENCY TO REVIEW THE
DISCHARGE OF FIREARMS IN THE BUILDINGS OR ON THE GROUNDS OF THE
SCHOOL THAT ARE OWNED BY SCHOOL PERSONNEL PERMITTED ACCESS TO
FIREARMS UNDER THIS SECTION.
(II) PROVIDE NOTIFICATION OF THE ESTABLISHMENT OF THE POLICY
TO THE PARENTS AND GUARDIANS OF ALL STUDENTS ENROLLED IN EACH
SCHOOL OF THE SCHOOL DISTRICT THAT HAS SCHOOL PERSONNEL WHO ARE
PERMITTED ACCESS TO FIREARMS UNDER THIS SECTION.
(III) PROVIDE NOTIFICATION TO THE NEAREST HOSPITAL OF THE
NUMBER OF SCHOOLS IN THE SCHOOL DISTRICT WHERE SCHOOL PERSONNEL
HAVE ACCESS TO FIREARMS IN THE BUILDINGS AND ON THE PROPERTY OF
THE SCHOOLS.
(b) School personnel permitted access to firearms in the
buildings or on the grounds of a school by the board of school
directors must:
(1) have a license to carry a concealed firearm; and
(2) maintain a current and valid certification in the use
and handling of a firearm issued under:
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(i) 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police
education and training);
(ii) the act of October 10, 1974 (P.L.705, No.235), known as
the "Lethal Weapons Training Act";
(iii) the act of February 9, 1984 (P.L.3, No.2), known as
the "Sheriff and Deputy Sheriff Education and Training Act";
(iv) the act of December 13, 2005 (P.L.432, No.79), known as
the "Retired Law Enforcement Identification Act"; or
(v) any other firearms program that :
(A) has been approved by the Commissioner of Pennsylvania
State Police to be of sufficient scope and duration as to
provide the participant with basic training in the use and
handling of firearms ; and
(B) is comparable to the training program under subparagraph
(i), (ii), (iii) or (iv) . ; AND
(3) COMPLETE A PSYCHOLOGICAL EVALUATION ADMINISTERED UNDER
53 PA.C.S. CH. 21 SUBCH. D (RELATING TO MUNICIPAL POLICE
EDUCATION AND TRAINING) AND RECEIVE A PROFESSIONAL OPINION FROM
THE EVALUATING PSYCHOLOGIST THAT THE INDIVIDUAL IS
PSYCHOLOGICALLY CAPABLE OF EXERCISING APPROPRIATE JUDGMENT AND
RESTRAINT AS AN INDIVIDUAL AUTHORIZED TO HAVE ACCESS TO FIREARMS
IN THE BUILDINGS OR ON THE GROUNDS OF A SCHOOL.
(c) Information regarding specific school personnel
permitted access to firearms in the buildings or on the grounds
of a school:
(1) Shall not be subject to the act of February 14, 2008
(P.L.6, No.3), known as the "Right-to-Know Law."
(2) May not be disclosed during a meeting open to the public
under 65 Pa.C.S. Ch. 7 (relating to open meetings).
Section 2. This act shall take effect in 60 days.
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