THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HARHAI, GOODMAN, GRUCELA, HOUGHTON, KORTZ, KULA, MIRABITO, SIPTROTH, YOUNGBLOOD AND CALTAGIRONE, SEPTEMBER 14, 2010

 AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 5, 2010   

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," repealing provisions relating to CPR

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instruction and automatic external defibrillation; providing

for CPR and use of automated external defibrillation

instruction, for procedures regarding response to cardiac

arrest, for donations for use related to CPR and automated

external defibrillator instruction and for availability of

automated external defibrillator; further providing for

temporary special aid to school districts suffering loss of

tax revenue due to bankruptcy of businesses in the school

district; and providing for temporary special aid to school

districts suffering loss of payment in lieu of taxes from

local sources.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2502.16(f) of the act of March 10, 1949

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(P.L.30, No.14), known as the Public School Code of 1949, added

October 20, 1988 (P.L.827, No.110), is amended to read:

Section 1.  Section 1205.4 of the act of March 10, 1949

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(P.L.30, No.14), known as the Public School Code of 1949, added

November 22, 2000 (P.L.672, No.91), is repealed:

[Section 1205.4.  CPR Instruction.--(a)  School entities

shall be required to offer a cardiopulmonary resuscitation

training (CPR) class on school premises at least once every

three years. The course shall be offered as an option to all

employes of the school entity.

(b)  Completion of training, including testing of skills and

knowledge, shall be documented by the signature and title of a

representative of the training entity and shall include the date

training was completed. Documentation shall be retained in the

facility in that employe's file. Training shall be conducted by:

(1)  the American Red Cross;

(2)  the American Heart Association;

(3)  an individual certified to conduct CPR training by the

American Red Cross, American Heart Association or other

certifying agency approved by the Department of Health; or

(4)  other certifying agency approved by the Department of

Health.

(c)  School districts may include this training in the

continuing education plan submitted by the district to the

Department of Education under section 1205.1.

(d)  For purposes of this section, a school entity shall be

defined as a local school district, intermediate unit or area

vocational-technical school.]

Section 2.  Section 1423 of the act, added May 17, 2001

(P.L.4, No.4), is repealed:

[Section 1423.  Automatic External Defibrillators.--(a)  For

the fiscal year 2001-2002, the department shall establish a one-

time automatic external defibrillator program to assist school

entities in acquiring automatic external defibrillators.

(b)  The department, in consultation with the Department of

General Services, shall issue an invitation to bid for the cost

of automatic external defibrillators. The department shall

accept the bid of the lowest responsible bidder and permit any

school entity to purchase the devices at the contract bid price.

(c)  To be eligible to obtain or purchase automatic external

defibrillators under the program a school entity must:

(1)  Assure that two (2) or more persons assigned to the

location where the automatic external defibrillator will be

primarily housed are trained as required in subsection (d).

(2)  Ensure that the device will be secured in a safe and

readily accessible location and agree to properly maintain and

test the device according to the manufacturer's operational

guidelines.

(3)  Submit a valid prescription for the device from a

licensed medical practitioner in this Commonwealth.

(4)  Agree to provide the training required by subsection

(d).

(d)  School personnel who are expected to use the automatic

external defibrillator shall complete training in

cardiopulmonary resuscitation and in the use of an automatic

external defibrillator provided by the American Heart

Association, the American Red Cross or through an equivalent

course of instruction approved by the Department of Health.

(e)  A school entity may include the training required by

subsection (d) in its continuing professional education plan

submitted to the department under section 1205.1.

(f)  The provisions of 42 Pa.C.S. § 8331.2 (relating to good

Samaritan civil immunity for use of automated external

defibrillator) shall apply to school employes who render care

with an automatic external defibrillator.

(g)  From funds appropriated for this purpose, the

department, upon request, shall provide: up to two (2) automatic

external defibrillators to each school district; one (1)

automatic external defibrillator to each intermediate unit; and

one (1) automatic external defibrillator to each area

vocational-technical school.

(h)  No school entity shall be required to participate in the

automatic external defibrillator program.

(i)  No later than June 30, 2002, the secretary shall submit

a report to the General Assembly describing the effectiveness of

this section in outfitting the Commonwealth's school entities

with automatic external defibrillators.

(j)  The department may adopt guidelines as necessary to

administer this section.

(k)  As used in this section--

"Automatic external defibrillator" means a portable device

that uses electric shock to restore a stable heart rhythm to an

individual in cardiac arrest.

"Department" means the Department of Education of the

Commonwealth.

"School entity" means an area vocational-technical school, a

charter school, an intermediate unit, a nonpublic school or a

school district.

"Secretary" means the Secretary of Education of the

Commonwealth.]

Section 3.  The act is amended by adding an article to read:

ARTICLE XIV-A

CPR AND AED INSTRUCTION AND PROCEDURES

Section 1401-A.  Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Automated external defibrillator" or "AED."  A portable

device that uses electric shock to restore a stable heart rhythm

to an individual in cardiac arrest.

"CPR."  Cardiopulmonary resuscitation.

"Department."  The Department of Education of the

Commonwealth.

"School entity."  An area vocational-technical school, a

charter school, a cyber charter school, an intermediate unit, a

nonpublic school or a school district.

Section 1402-A.  CPR and use of automated external defibrillator

instruction.

(a)  Instruction to be offered.--

(1)  Each school entity shall make available to employees

of the school entity and volunteers instruction in the

principles and techniques of CPR and the use of an AED on

school premises at least once every three years. The course

shall be offered as an option to all employees and volunteers

of the school entity.

(2)  For employees and volunteers who are required to

receive and maintain CPR and AED instruction under the

provisions of this article, the school entity shall make

training available as necessary to ensure continuous

certification.

(b)  Documentation of training.--Completion of training,

including testing of skills and knowledge, shall be documented

by the signature and title of a representative of the training

entity and shall include the date training was completed.

Documentation shall be retained by the school entity in that

employee's or volunteer's file. Training shall be conducted by

one of the following:

(1)  The American Red Cross.

(2)  The American Heart Association.

(3)  An individual certified to conduct CPR training by

the American Red Cross, American Heart Association or other

certifying agency approved by the Department of Health.

(4)  Other certifying agency approved by the Department

of Health.

(c)  Continuing education.--A school entity may include this

training in the continuing education plan submitted by the

school entity to the department under section 1205.1.

(d)  Persons to be trained.--

(1)  A school entity shall have at each school under its

jurisdiction at least five persons certified in the use of an

AED during regular school hours when school is in session,

who may include the individuals required to be certified

under paragraph (2).

(2)  Each school nurse, assistant school nurse, athletic

coach, marching band director, physical education teacher,

athletic trainer, athletic training student aide,

cheerleading coach and any other school employee specified by

the school entity must receive and maintain certification in

the use of an AED.

(3)  A school entity shall assure that at least one

person certified in the use of an AED would be immediately

available to access the AED during regular school hours when

school is in session.

(4)  A school entity shall have at each school under its

jurisdiction one person certified in CPR during regular

school hours when school is in session.

(5)  All certifications required under this subsection

shall be obtained from one of the organizations listed under

subsection (b).

(6)  A school entity may use a person who is certified in

CPR and/or the use of an AED to meet the requirements of more

than one paragraph under this subsection.

(e)  Nonpublic schools.--A nonpublic school that receives an

AED from the department or receives funding from a certifying

agency to purchase or lease an AED under section 1404-A shall

adopt a policy under which the school makes available to school

employees and volunteers instruction in the principles and

techniques of CPR and the use of an AED. The policy must comply

with the requirements prescribed by this article and rules

adopted by the department.

Section 1403-A.  Cardiac arrest procedures.

(a)  Procedures regarding response to cardiac arrest.--Each

school entity shall develop safety procedures to follow in

responding to a medical emergency involving cardiac arrest,

including the appropriate response time in administering CPR,

using an AED or calling a local emergency medical services

provider, provided that no school entity shall be required to

establish new procedures under this section if procedures

currently exist and reasonably fulfill the requirements of this

section.

(b)  Compliance.--A nonpublic school that receives an AED

from the department or receives funding from the department to

purchase or lease an AED shall comply with this section.

Section 1404-A.  Donations for use related to CPR and AED

instruction.

(a)  Donations to the department.--The department may review

and provide coordination strategies for public and private

sector efforts and agencies to raise and appropriate funds and

may enter into agreements with State departments or agencies and

private sector organizations and persons as it deems necessary

to ensure the implementation of the purposes of this article.

The department may further establish accounts and accept and

administer grants, donations and other funds received by the

department to achieve the purposes of this article.

(b)  Disbursement of gifts and donations.--The department

shall develop procedures for determining the disbursement of any

gifts and donations among school entities. The department may

use no more than 1% of the donations for administrative expenses

related to the implementation of this subsection.

(c)  Donations to school entities.--A school entity may

accept grants, donations, gifts and other funds from the

department or other public and private sector agencies to

achieve the purposes of this article.

(d)  Student instruction.--

(1)  To the extent that resources are available to a

school entity under this article, the school entity shall

make available instruction to students in the principles and

techniques of CPR and operating an AED.

(2)  A school entity may use resources other than those

made available under this section to make available

instruction to students in the principles and techniques of

CPR and operating an AED.

(e)  Rules.--The department may adopt rules as necessary to

implement this section.

Section 1405-A.  Availability and specifications of automated

external defibrillators.

(a)  Availability.--A school entity shall have at each school

under its jurisdiction at least one AED.

(b)  Athletic events.--Whenever a school entity uses its

facility for its own school-sponsored or school-approved

interscholastic athletics, the school entity shall, in

cooperation with the Pennsylvania Interscholastic Athletic

Association (PIAA), ensure that an AED and at least one school

employee, athletic coach, athletic trainer or other individual,

who is certified pursuant to section 1402-A, or local emergency

services personnel, are reasonably available at those

interscholastic athletic events.

(c)  Administrative regulations.—-The board of school

directors shall adopt administrative regulations or procedures

regarding the placement and use of AEDs under subsections (a)

and (b) and the number of personnel who must receive training as

required by section 1402-A, provided that no school entity shall

be required to establish new regulations or procedures under

this subsection if they currently exist and reasonably fulfill

the requirements of this subsection.

(d)  Liability.--This section does not:

(1)  waive any liability or immunity of a school entity

or its officers or employees; or

(2)  create any liability for or a cause of action

against a school entity or its officers or employees.

(e)  Civil immunity.--The provisions of 42 Pa.C.S. § 8331.2

(relating to good Samaritan civil immunity for use of automated

external defibrillator) shall apply to school employees who

render care with an AED.

(f)  Testing and maintenance.--Each school entity shall

ensure that every AED on the school's premises or campus is

properly tested and maintained in accordance with the

manufacturer's operational guidelines. Each AED in a school

entity shall meet the most recent minimum specifications as

required by the Department of Health.

Section 4.  Section 2502.16(f) of the act, added October 20,

1988 (P.L.827, No.110), is amended to read:

Section 2502.16.  Temporary Special Aid to School Districts

Suffering Loss of Tax Revenue Due to Bankruptcy of Businesses in

the School District.--* * *

(f)  The special payments authorized by this section and

[section] sections 2502.10 and 2502.50 shall be paid from a

restricted revenue account, which is hereby established, for

such payments. Funds shall be transferred by the Secretary of

the Budget only to the extent necessary to make the payments

authorized by this section and [section] sections 2502.10 and

2502.50.

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Section 2 5.  The act is amended by adding a section to read:

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Section 2502.50.  Temporary Special Aid to School Districts

Suffering Loss of Payment in Lieu of Taxes From Local Sources.--

(a)  For the school year 2010-2011 and each school year

thereafter, a school district experiencing that:

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(1)  experiences at least a twenty-five percent (25%) loss in

payment in lieu of taxes from local sources for the support of

the public schools in any one year due to the relocation of one

or more businesses within the boundaries of the public school

district to a location outside the boundaries of the public

school district shall district; and

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(2)  has less than five percent (5%) of the district's total

operating budget in the estimated ending unreserved,

undesignated fund balance shall qualify for temporary special

aid under the provisions of this section for a period of two (2)

years as provided for in subsection (b): Provided, however, That

a school district that qualified for such payments prior to the

date of this amendatory act shall receive its first payment in

the year this amendatory act is enacted.

(b)  Such If sufficient funds exist in the restricted revenue

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account, such temporary special aid shall be equal to the loss

of total revenues provided for in subsection (a), payable to the

school district during the school year in which such loss due to

business relocation is suffered, plus an amount equal to fifty

percent (50%) of such amount payable to the school district

during the succeeding school year. Payments shall only be made

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to school districts when the total amount payable under this

section is greater than five thousand dollars ($5,000).

(1)  Such temporary special aid shall be paid only once for

each such business relocation under subsection (a) and only upon

the condition that the school district tax rates which were in

effect at the time of the business relocation are not reduced.

(2)  A school district which suffered the loss in total

revenue provided for in subsection (a) during the 2010-2011 or

the 2011-2012 school year shall be eligible to receive its first

payment of temporary special aid during the 2011-2012 school

year.

(c)  The special aid authorized by this section shall be paid

from any funds not expended, enumerated or committed from

appropriations for grants and subsidies made to the Department

of Education: Provided, That no funds available from

appropriations for library-related activities may be used for

these payments.

(d)  Nothing contained in this section shall disqualify a

school district from receiving temporary special aid due to real

property reassessments provided for in section 2502.10 or

disqualify a school district from receiving temporary special

aid due to bankruptcy of businesses in the school district

provided for in section 2502.16: Provided, however, That school

districts eligible for assistance under section 2502.10 or

2502.16 and which receive funds pursuant to those sections shall

not qualify for temporary special aid for such revenue loss

according to provisions of this section.

(e)  The special payments authorized by this section,

sections 2502.10 and 2502.16 shall be paid from a the restricted

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revenue account, established under section 2502.16(f). Funds

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shall be transferred by the Secretary of the Budget only to the

extent necessary to make the payments authorized by this section

and sections 2502.10 and 2502.16. If insufficient funds exist in

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the restricted revenue account, payments shall be made on a pro

rata basis.

(f)  The Secretary of the Budget shall provide to the

chairman and minority chairman of the Appropriations Committee

of the Senate and the chairman and minority chairman of the

Appropriations Committee of the House of Representatives

information concerning the appropriation from which funds have

been transferred and the amounts transferred. The Department of

Education shall have a written policy concerning the method for

making payments to school districts, including the date by which

payments shall be made each fiscal year.

Section 3.  This act shall take effect immediately.

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Section 6.  This act shall take effect as follows:

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(1)  The amendment or addition of sections 2502.16(f) and

2502.50 of the act shall take effect immediately.

(2)  This section shall take effect immediately.

(3)  The remainder of this act shall take effect in 60

days.