Amendment 2052 to House Bill 27 P.N. 1987, Regular Session 2023-2024

H0027B1987A02052 DMS:EJH 09/19/23 #90 A02052

AMENDMENTS TO HOUSE BILL NO. 27

Sponsor: SENATOR REGAN

Printer's No. 1987

Amend Bill, page 1, line 7, by striking out "and," and

inserting

in intermediate units, further providing for school safety and

security enhancements;

Amend Bill, page 1, line 10, by striking out the period after

"monitors" and inserting

; in safe schools, further providing for definitions and for

Office for Safe Schools, repealing provisions relating to

regulations and to reporting, further providing for policy

relating to bullying and for maintenance of records,

repealing provisions relating to safe schools advocate in

school districts of the first class, to standing, to

enforcement and to construction of article and other laws; in

school safety and security, further providing for definitions

and for School Safety and Security Committee, providing for

duties of committee, further providing for School Safety and

Security Grant Program, providing for Targeted School Safety

Grants for Nonpublic Schools Program, for standardized

protocols and for county safe schools' collaborative, further

providing for school safety and security coordinator training

and providing for reporting and memorandum of understanding,

for safe schools advocate in school districts of the first

class and for enforcement; in school security, further

providing for definitions, for school police officers, for

annual report and for school security guards; and making an

editorial change.

Amend Bill, page 2, by inserting between lines 14 and 15

Section 2. The definition of "school safety and security

enhancements" in section 923.3-A(b) and subsection (c) of the

act are amended to read:

Section 923.3-A. School Safety and Security Enhancements.-*

* *

(b) Definitions. As used in this section:

* * *

"School safety and security enhancements" means programs

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which are designed to address school safety and security and

listed in section [1302-A(c)] 1306.1-B(j), which are secular and

nonideological in nature.

program of school security enhancements shall be provided by an

intermediate unit in which a nonpublic school is located, in

accordance with standards developed by the [Secretary of

Education in consultation with the Office of Safe Schools and

the Pennsylvania Commission on Crime and Delinquency.] School

Safety and Security Committee established under section 1302-B

in consultation with the Department of Education. Through the

program, an intermediate unit shall make application for school

safety and security enhancements upon the request of a nonpublic

school or combination of nonpublic schools located within the

intermediate unit. School safety and security enhancements for

which grants are received shall be provided for or contracted

for directly by the intermediate unit or loaned by the

intermediate unit to the nonpublic school.

* * *

Amend Bill, page 2, line 15, by striking out "2" and

inserting

Amend Bill, page 3, line 19, by striking out "3" and

inserting

Amend Bill, page 5, line 5, by striking out "4" and inserting

Amend Bill, page 7, line 4, by striking out "5" and inserting

Amend Bill, page 9, line 2, by striking out all of said line

and inserting

Section 7. Article XIII-A heading and sections 1301-A and

1302-A of the act are amended to read:

ARTICLE XIII-A.

[SAFE SCHOOLS] Student Supports.

Section 1301-A. Definitions.--As used in this article,

"Chief school administrator" shall mean the superintendent of

a public school district, superintendent of an area career and

technical school, executive director of an intermediate unit or

chief executive officer of a charter school.

["Office" shall mean the Office for Safe Schools within the

Department of Education.]

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"School entity" shall mean any public school district,

intermediate unit, area career and technical school or charter

school.

"School-based diversion programs" shall mean programs [that,

in partnership with other stakeholders, divert youth out of the

juvenile justice system.] and interventions designed to redirect

youth who commit minor offenses in school from exclusionary

disciplinary practices or formal processing in the juvenile

justice system, while still holding the student accountable for

the student's actions. These programs include, but are not

limited to, youth aid panels [in which a panel of community

members decide an appropriate resolution to hold the student

accountable for the student's actions by, among other options,

requiring the student to complete educational activities,

community service, restitution and any other related program or

service.], positive youth development programming, teen/youth

courts, restorative justice interventions, truancy prevention

and intervention programs, mentoring programs and intervention

programs and educational practices to assist students with

persistent disruptive and serious problem behaviors.

"School property" shall mean any public school grounds, any

school-sponsored activity or any conveyance providing

transportation to a school entity or school-sponsored activity.

"School-wide positive behavior support" means a school-wide,

evidence-based [and data-driven approach to improving school

behavior that seeks to reduce unnecessary student disciplinary

actions and promote a climate of greater productivity, safety

and learning] tiered framework for supporting students'

behavioral, academic, social, emotional and mental health.

["Student with a disability" shall mean a student who meets

the definition of "child with a disability" under the

Individuals with Disabilities Education Act (Public Law 91-230,

20 U.S.C. § 1400 et seq.) or who meets the definition of a

"handicapped person" under section 504 of the Rehabilitation Act

of 1973 (Public Law 93-112, 29 U.S.C. § 794) and its

implementing regulations (34 C.F.R. § 104.3(j)). The term

includes a student for whom an evaluation is pending under

either the Individuals with Disabilities Education Act or

Rehabilitation Act.]

"Weapon" shall include, but not be limited to, any knife,

cutting instrument, cutting tool, nunchaku, firearm, shotgun,

rifle and any other tool, instrument or implement capable of

inflicting serious bodily injury.

Section 1302-A. [Office for Safe Schools] Student

Supports.--(a) [There is hereby established in the Department

of Education an Office for Safe Schools.] (Reserved).

(b) The [office] Department of Education shall have the

power and duty to implement the following:

(1) [To coordinate antiviolence efforts between school,

professional, parental, governmental, law enforcement and

community organizations and associations.

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(2) To collect, develop and disseminate information,

policies, strategies and other information to assist in the

development of programs to impact school violence.

(2.1) To direct all school entities to submit annual school

violence statistics and reports to the office no later than July

31 of each year.

(3)] To collect, develop and disseminate information,

policies, strategies and other information to assist in the

development of programs that support students, reduce

unnecessary student disciplinary actions and promote an

environment of greater productivity, safety and learning,

including, but not limited to:

(i) School-wide positive behavior support that includes

primary or universal, secondary and tertiary supports and

interventions in school entities.

(ii) School-based diversion programs.

(iii) Classroom management.

(iv) Student discipline.

(v) Student codes of conduct.

(vi) Training to assess risk factors that increase the

likelihood of problem behaviors among students.

(vii) Conflict resolution and dispute management.

(viii) Staff training programs in the use of positive

behavior supports, de-escalation techniques, appropriate

responses to student behavior that may require immediate

intervention and trauma-informed treatment for mental health

providers in schools.

(ix) Research-based violence prevention programs that

address risk factors to reduce incidents of problem behaviors

among students, including, but not limited to, mental health

early intervention, self-care, bullying and suicide awareness

and prevention.

(x) Risk assessment, safety-related, violence prevention

curricula, including dating violence curricula, restorative

justice strategies, mental health early intervention, self-care

and suicide awareness and prevention curricula.

(xi) Evidence-based screenings for adverse childhood

experiences that are proven to be determinants of physical,

social and behavioral health and provide trauma-informed

counseling services as necessary to students based upon the

screening results.

(xii) Trauma-informed approaches that increase student and

school employee access to quality trauma support services and

behavioral health care.

(2) To provide direct training to school employes, parents,

law enforcement officials and communities on effective measures

to [prevent and combat school violence.

(4)] maintain and improve learning environments for students

and staff.

(3) To [advise] assist in collaboration and coordination

with the School Safety and Security Committee established under

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section 1302-B school entities and nonpublic schools on the

development of policies to be used regarding possession of

weapons by any person, acts of violence and protocols for

coordination with and reporting to law enforcement officials and

the Department of Education.

[(4.1)] (4) To verify the existence of corrective action

plans to reduce incidents of violence as required in the [No

Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat.

1425).] Every Student Succeeds Act (Public Law 114-95, 129 Stat.

1802).

(5) To develop in collaboration and coordination with the

School Safety and Security Committee established under section

1302-B forms to be used by school entities and police

departments for reporting incidents involving acts of violence

and possession of weapons on school property. The forms shall be

reviewed on a biennial basis and revised when necessary.

[(6) To verify that each school entity has a biennially

updated and reexecuted memorandum of understanding with local

law enforcement and has filed such memorandum with the office on

a biennial basis.

(7) To publish and post on the Department of Education's

Internet website a School Safety Annual Report no later than

November 1 of each calendar year outlining all incidents

required to be reported under section 1303-A and any school

district that failed to submit a report under section 1303-A.

(8) To establish criteria, in consultation with the

Pennsylvania State Police, for certifying approved vendors to

provide school police officers to nonpublic schools for the

purposes of awarding grants under subsection (c.1)(3).

(9) To publish and post on the Department of Education's

publicly accessible Internet website a listing of all approved

vendors under paragraph (8).]

(b.1) The [office] Department of Education shall process and

tabulate the data on an annual basis to assist school

administrators, the School Safety and Security Committee

established under section 1302-B and law enforcement officials

in their duties under this article.

[(c) In addition to the powers and duties set forth under

subsection (b), the office is authorized to make targeted grants

to school entities, and to intermediate units on behalf of

nonpublic schools, to fund programs which address school

violence, including:

(1) Conflict resolution or dispute management, including

restorative justice strategies.

(1.1) School-wide positive behavior support that includes

primary or universal, secondary and tertiary supports and

interventions in school entities.

(1.2) School-based diversion programs.

(2) Peer helpers programs.

(3) Risk assessment, safety-related, violence prevention

curricula, including, but not limited to, dating violence

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curricula and restorative justice strategies.

(4) Classroom management.

(5) Student codes of conduct.

(6) Training to undertake a districtwide assessment of risk

factors that increase the likelihood of problem behaviors among

students.

(7) Development and implementation of research-based

violence prevention programs that address risk factors to reduce

incidents of problem behaviors among students including, but not

limited to, bullying.

(8) Comprehensive, districtwide school safety, violence

prevention, emergency preparedness and all-hazards plans,

including revisions or updates to such plans and conducting

emergency preparedness drills and related activities with local

emergency responders.

(9) Security planning, purchase of security-related

technology which may include metal detectors, protective

lighting, surveillance equipment, special emergency

communications equipment, electronic locksets, deadbolts and

theft control devices and training in the use of security-

related technology. Security planning and purchase of security-

related technology shall be based on safety needs identified by

the school entity's board of directors.

(10) Institution of student, staff and visitor

identification systems, including criminal background check

software.

(12) Provision of specialized staff and student training

programs, including training for Student Assistance Program team

members in elementary, middle and high schools in the referral

of students at risk of violent behavior to appropriate

community-based services, including mental health services.

(13) Alternative education programs provided for in Article

XIX-C.

(14) Counseling services for students enrolled in

alternative education programs.

(15) An Internet web-based system for the management of

student discipline, including misconduct and criminal offenses.

(16) Staff training programs in the use of positive behavior

supports, de-escalation techniques and appropriate responses to

student behavior that may require immediate intervention.

(17) The implementation of Article XIII-E.

(c.1) (1) In addition to the powers and duties set forth

under subsections (b) and (c), the office is authorized to make

targeted grants to school entities, municipalities, local law

enforcement agencies and approved vendors to fund programs which

address school violence by establishing or enhancing school

security, including costs associated with the training and

compensation of school resource officers and school police

officers. Municipalities or local law enforcement agencies that

receive grants under this subsection shall, with the prior

consent of the governing board of the school entity or nonpublic

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school, assign school resource officers to carry out their

official duties on the premises of the school entity or

nonpublic school.

(2) Municipalities or local law enforcement agencies may not

receive grant funds under this subsection for any purpose other

than for costs associated with school resource officers and are

not eligible for other grants provided to school entities under

this section. In assigning school resource officers pursuant to

this subsection, municipalities shall take into consideration

the proportion of students enrolled in each school entity or

nonpublic school.

(3) Nonpublic schools are authorized to apply to the office

for grant funding under paragraph (1) to be used for the costs

associated with obtaining the services of a school police

officer from a list of approved vendors certified by the office.

Grant awards for this purpose shall be awarded and paid directly

to the approved vendor with which the nonpublic school contracts

for services. Nonpublic schools may not apply for grant funding

under this section for any purpose other than obtaining the

services of a school police officer under this paragraph.

(d) The office shall have the following duties as to

targeted grants:

(1) Targeted grants shall be allocated through a competitive

grant review process established by the office. School entities

must satisfy the requirements of this section and section 1303-A

to be eligible for grants. The application for a targeted grant

shall include:

(i) the purpose for which the targeted grant shall be

utilized;

(ii) information indicating need for the targeted grant,

including, but not limited to, school violence statistics;

(iii) an estimated budget;

(iv) methods for measuring outcomes; and

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

(2) The office shall:

(i) Give priority in grant funding under subsection (c) to a

school entity designated as a persistently dangerous school as

defined in 22 Pa. Code § 403.2 (relating to definitions).

(ii) Give priority in grant funding under subsection (c) to

school entities with the greatest need to establish safety and

order.

(iii) To the greatest extent possible, ensure that grant

funding is geographically dispersed to school entities and

municipalities throughout this Commonwealth.

(iv) For school entities, municipalities, local law

enforcement agencies and nonpublic schools that apply for

funding for the training and compensation of school resource

officers and school police officers under subsection (c.1), give

priority to school entities, municipalities, local law

enforcement agencies and nonpublic schools that utilize school

resource officers or school police officers who have completed

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additional training recommended by the Department of Education

relating to interaction with all children and adolescents within

a school setting.

(v) For school entities or nonpublic schools that apply for

funding for school police officers under subsection (c.1), give

priority to school entities and nonpublic schools that utilize

school police officers who satisfy all of the following:

(A) Are retired Federal agents or retired State, municipal

or military police officers.

(B) Are independent contractors of the school entity or

nonpublic school.

compensation or fringe benefits from the school entity or

nonpublic school.

(D) Have completed such annual training as shall be required

by the Municipal Police Officers' Education and Training

Commission pursuant to 53 Pa.C.S. Ch. 21 Subch. D (relating to

municipal police education and training).

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

(F) In the case of a school entity, have been indemnified by

the school entity pursuant to 42 Pa.C.S. § 8548 (relating to

indemnity).

(G) Are utilized by a school entity or nonpublic school that

has not employed a school police officer within the three years

immediately preceding the effective date of this clause.

Nothing in this clause shall be construed to impact on grant

decisions for school entities, municipalities or local law

enforcement agencies that apply for funding for hiring of school

resource officers pursuant to subsection (c.1).

(3) The office shall provide all targeted grant agreements

to the Department of Education's comptroller for review and

approval prior to awarding the grant. The school entity,

municipality, local law enforcement agency or approved vendor

shall provide the office with full and complete access to all

records relating to the performance of the grant, and shall

submit, at such time and in such form as may be prescribed,

truthful and accurate information that the office may require.

The office shall conduct a thorough annual evaluation of each

program for which a grant under this section is made. The office

shall seek repayment of funds if it determines that funds were

not utilized for the original stated purpose.

(e) For any fiscal year prior to 2019-2020, the sum

appropriated annually to the Department of Education for the

purpose of making targeted grants under this section shall be

allocated as follows:

(1) Twenty-five percent of the sum shall be allocated for

grants under subsection (c).

(2) Seventy-five percent of the sum shall be allocated for

grants under subsection (c.1).

(e.1) Any grant funding allocated under subsection (c.1)

above the amount allocated in fiscal year 2017-2018 may be

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prioritized for nonpublic schools.

(e.2) Beginning in fiscal year 2019-2020, grants awarded

under subsection (c.1) shall not exceed the amount awarded in

fiscal year 2018-2019 under that subsection and no less than

$3,200,000 shall be awarded to intermediate units on behalf of

nonpublic schools under subsection (c).

(f) As used in this section, "school entity" shall have the

same meaning given to it under section 222(c).]

Section 8. Sections 1302.1-A and 1303-A of the act are

repealed:

[Section 1302.1-A. Regulations.--(a) Within one year of the

effective date of this section, the State Board of Education

shall promulgate final-omitted regulations pursuant to the act

of June 25, 1982 (P.L.633, No.181), known as the "Regulatory

Review Act," necessary to implement this article. The

regulations shall include the following:

(1) A model memorandum of understanding between school

entities and local police departments. The model memorandum of

understanding shall be reviewed on a biennial basis and revised

where necessary. The State Board of Education may revise the

model memorandum of understanding by publishing a notice in the

Pennsylvania Bulletin that contains the complete revised model

memorandum of understanding. The revised model memorandum of

understanding shall be incorporated into the Pennsylvania Code

in place of the existing model memorandum of understanding.

(2) Protocol for the notification of the police department

when an offense listed under section 1303-A(b)(4.1) occurs on

school property, which shall include a requirement that the

local police department be notified immediately when such an

offense occurs.

(3) Protocol for the notification of the police department

at the discretion of the chief school administrator regarding an

offense listed under section 1303-A(b)(4.2) or any other offense

that occurs on school property.

(4) Protocol for emergency and nonemergency response by the

police department, which shall include a requirement that the

school district shall supply the police department with a copy

of the comprehensive disaster response and emergency

preparedness plan as required by 35 Pa.C.S. § 7701(g) (relating

to duties concerning disaster prevention).

(5) Procedures and protocols for the response and handling

of students with a disability, including procedures related to

student behavior as required by 22 Pa. Code §§ 14.104 (relating

to special education plans) and 14.133 (relating to positive

behavior support).

(b) (1) In promulgating the regulations required under

subsection (a), the State Board of Education shall convene and

consult with a Statewide advisory committee which shall include

a police chief, juvenile public defender, school superintendent,

school principal, district attorney, solicitor of a school

district, special education supervisor, special education

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advocate and in-school probation officer and one designee from

the Department of Education, the Pennsylvania Commission on

Crime and Delinquency, the Municipal Police Officers' Education

and Training Commission, the Juvenile Court Judges' Commission

and the Pennsylvania State Police.

(2) Members of the committee shall be selected to be

representative of the rural, suburban and urban school entities

of this Commonwealth.

(3) The advisory committee shall be convened no later than

sixty (60) days after the effective date of this section and

shall meet regularly to fulfill the requirements of this

section.

Section 1303-A. Reporting.--(a) The office shall conduct a

one-time survey of all school entities to determine the number

of incidents involving acts of violence on school property and

all cases involving possession of a weapon by any person on

school property which occurred within the last five (5) years.

The survey shall be based on the best available information

provided by school entities.

(b) Each chief school administrator shall report to the

office by July 31 of each year all new incidents involving acts

of violence, possession of a weapon or possession, use or sale

of controlled substances as defined in the act of April 14, 1972

(P.L.233, No.64), known as "The Controlled Substance, Drug,

Device and Cosmetic Act," or possession, use or sale of alcohol

or tobacco by any person on school property. The incidents to be

reported to the office shall include all incidents involving

conduct that constitutes a criminal offense listed under

paragraphs (4.1) and (4.2). Reports on a form to be developed

and provided by the office shall include:

(1) Age or grade of student.

(2) Name and address of school.

(3) Circumstances surrounding the incident, including, but

not limited to, type of weapon, controlled substance, alcohol or

tobacco, the date, time and location of the incident, if a

person other than a student is involved in the incident and any

relationship to the school entity.

(3.1) Race of student.

(3.2) Whether the student has an Individualized Education

Plan under the Individuals with Disabilities Education Act

(Public Law 91-230, 20 U.S.C. § 1400 et seq.), and if so, the

type of disability.

(4) Sanction imposed by the school.

(4.1) A list of criminal offenses which shall, at a minimum,

include:

(i) The following offenses under 18 Pa.C.S. (relating to

crimes and offenses):

Section 908 (relating to prohibited offensive weapons).

Section 912 (relating to possession of weapon on school

property).

Chapter 25 (relating to criminal homicide).

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Section 2702 (relating to aggravated assault).

Section 2709.1 (relating to stalking).

Section 2901 (relating to kidnapping).

Section 2902 (relating to unlawful restraint).

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual assault).

Section 3123 (relating to involuntary deviate sexual

intercourse).

Section 3124.1 (relating to sexual assault).

Section 3124.2 (relating to institutional sexual assault).

Section 3125 (relating to aggravated indecent assault).

Section 3126 (relating to indecent assault).

Section 3301 (relating to arson and related offenses).

Section 3307 (relating to institutional vandalism) when the

penalty is a felony of the third degree.

Section 3502 (relating to burglary).

Section 3503(a) and (b)(1)(v) (relating to criminal

trespass).

Section 5501 (relating to riot).

Section 6110.1 (relating to possession of firearm by minor).

(ii) The possession, use or sale of a controlled substance

or drug paraphernalia as defined in "The Controlled Substance,

Drug, Device and Cosmetic Act."

(iii) Attempts, solicitation or conspiracy to commit any of

the offenses listed in subclauses (i) and (ii).

(iv) An offense for which registration is required under 42

Pa.C.S. § 9795.1 (relating to registration).

(4.2) The following offenses under 18 Pa.C.S., and any

attempt, solicitation or conspiracy to commit any of these

offenses:

Section 2701 (relating to simple assault).

Section 2705 (relating to recklessly endangering another

person).

Section 2706 (relating to terroristic threats).

Section 2709 (relating to harassment).

Section 3127 (relating to indecent exposure).

Section 3307 (relating to institutional vandalism) when the

penalty is a misdemeanor of the second degree.

Section 3503(b)(1)(i), (ii), (iii) and (iv), (b.1) and (b.2)

(relating to criminal trespass).

Chapter 39 (relating to theft and related offenses).

Section 5502 (relating to failure of disorderly persons to

disperse upon official order).

Section 5503 (relating to disorderly conduct).

Section 6305 (relating to sale of tobacco).

Section 6306.1 (relating to use of tobacco in schools

prohibited).

Section 6308 (relating to purchase, consumption, possession

or transportation of liquor or malt or brewed beverages).

(5) Notification of law enforcement.

(6) Remedial programs involved.

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(7) Parental involvement required.

(8) Arrests, convictions and adjudications, if known.

(b.1) Prior to submitting the report required under

subsection (b), each chief school administrator and each police

department having jurisdiction over school property of the

school entity shall do all of the following:

(1) No later than thirty (30) days prior to the deadline for

submitting the report to the office required under subsection

(b), the chief school administrator shall submit the report to

the police department with jurisdiction over the relevant school

property. The police department shall review the report and

compare the data regarding criminal offenses and notification of

law enforcement to determine whether the report accurately

reflects police incident data.

(2) No later than fifteen (15) days prior to the deadline

for the chief school administrator to submit the report required

under subsection (b), the police department shall notify the

chief school administrator, in writing, whether the report

accurately reflects police incident data. Where the police

department determines that the report accurately reflects police

incident data, the chief of police shall sign the report. Where

the police department determines that the report does not

accurately reflect police incident data, the police department

shall indicate any discrepancies between the report and police

incident data.

(3) Prior to submitting the report required under subsection

(b), the chief school administrator and the police department

shall attempt to resolve discrepancies between the report and

police incident data. Where a discrepancy remains unresolved,

the police department shall notify the chief school

administrator and the office in writing.

(4) Where a police department fails to take action as

required under paragraph (2) or (3), the chief school

administrator shall submit the report required under subsection

(b) and indicate that the police department failed to take

action as required under paragraph (2) or (3).

committee composed of relevant school staff, including, but not

limited to, principals, security personnel, school resource

officers, guidance counselors and special education

administrators, to assist in the development of a memorandum of

understanding pursuant to this section. In consultation with the

advisory committee, each chief school administrator shall enter

into a memorandum of understanding with police departments

having jurisdiction over school property of the school entity.

Each chief school administrator shall submit a copy of the

memorandum of understanding to the office by June 30, 2011, and

biennially update and re-execute a memorandum of understanding

with local law enforcement and file such memorandum with the

office on a biennial basis. The memorandum of understanding

shall be signed by the chief school administrator, the chief of

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police of the police department with jurisdiction over the

relevant school property and principals of each school building

of the school entity. The memorandum of understanding shall

comply with the regulations promulgated by the State Board of

Education under section 1302.1-A and shall also include:

(1) The procedure for police department review of the annual

report required under subsection (b) prior to the chief school

administrator filing the report required under subsection (b)

with the office.

(2) A procedure for the resolution of school violence data

discrepancies in the report prior to filing the report required

under subsection (b) with the office.

(3) Additional matters pertaining to crime prevention agreed

to between the chief school administrator and the police

department.

(d) Pursuant to section 615 of the Individuals with

Disabilities Education Act (Public Law 91-230, 20 U.S.C. §

1415(k)(6)), nothing in section 1302.1-A or this section shall

be construed to prohibit a school entity from reporting a crime

committed by a child with a disability to appropriate

authorities or to prevent State law enforcement and judicial

authorities from exercising their responsibilities with regard

to the application of Federal and State law to crimes committed

by a child with a disability.

(e) (1) Notwithstanding any provision of law to the

contrary, the Department of Education may initiate disciplinary

action before the Professional Standards and Practices

Commission pursuant to the act of December 12, 1973 (P.L.397,

No.141), known as the "Professional Educator Discipline Act,"

against a chief school administrator or principal of a school

entity who intentionally fails to submit the report as required

under subsection (b) or enter into the memorandum of

understanding with the police department with jurisdiction over

the relevant school property, report an incident involving an

act of violence, possession of a weapon or an offense listed

under subsection (b)(4.1) that occurs on school property to a

police department or submit a copy of the memorandum of

understanding to the office as required under subsection (c) or

who intentionally falsifies a report submitted as required under

this section.

(2) In addition to any other disciplinary actions set forth

in the "Professional Educator Discipline Act," a chief school

administrator or principal of a school entity who intentionally

fails to submit the report as required under subsection (b) or

enter into the memorandum of understanding with the police

department with jurisdiction over the relevant school property,

report an incident involving an act of violence, possession of a

weapon or an offense cited under subsection (b)(4.1) that occurs

on school property to a police department or submit a copy of

the memorandum of understanding to the office as required under

subsection (c) or who intentionally falsifies a report submitted

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as required under this section shall be subject to prosecution

for violation of 18 Pa.C.S. § 4904 (relating to unsworn

falsification to authorities). The following civil penalties may

be imposed by the Professional Standards and Practices

Commission for violations of this article:

(i) for a first violation, $2,500;

(ii) for a second violation, $3,500; or

(iii) for a third or subsequent violation, $5,000.

Any penalty imposed under this paragraph shall be paid to the

Department of Education and used for the support of the office.]

Section 9. Sections 1303.1-A(c) and (d) and 1307-A of the

act are amended to read:

Section 1303.1-A. Policy Relating to Bullying.--* * *

(3) years and annually provide the [office] Department of

Education with a copy of its policy relating to bullying,

including information related to the development and

implementation of any bullying prevention, intervention and

education programs. The information required under this

subsection shall be attached to or made part of the annual

report required under section [1303-A(b)] 1319-B(b).

(d) In its policy relating to bullying adopted or maintained

under subsection (a), a school entity shall not be prohibited

from defining bullying in such a way as to encompass acts that

occur outside a school setting if those acts meet the

requirements contained in subsection (e)(1), (3) and (4). If a

school entity reports acts of bullying to the [office]

Department of Education in accordance with section [1303-A(b)]

1319-B(b), it shall report all incidents that qualify as

bullying under the entity's adopted definition of that term.

* * *

Section 1307-A. Maintenance of Records.--All school entities

and private schools within this Commonwealth shall maintain

updated records of all incidents of violence, incidents

involving possession of a weapon and convictions or

adjudications of delinquency for acts committed on school

property by students enrolled therein on both a district-wide

and school-by-school basis. Records maintained under this

section shall be contained in a format developed by the

Pennsylvania State Police in cooperation with the [office within

ninety (90) days of the effective date of this section]

Department of Education. A statistical summary of these records

shall be made accessible to the public for examination by the

public during regular business hours.

Section 10. Sections 1310-A, 1311-A, 1312-A and 1313-A of

the act are repealed.

[Section 1310-A. Safe Schools Advocate in School Districts

of the First Class.--(a) The Executive Director of the

Pennsylvania Commission on Crime and Delinquency shall

establish, within the commission, a safe schools advocate for

each school district of the first class. The advocate shall not

2023/90DMS/HB0027A02052 - 14 -

be subject to the act of August 5, 1941 (P.L.752, No.286), known

as the "Civil Service Act." The advocate shall establish and

maintain an office within the school district.

(b) The safe schools advocate shall have the power and its

duties shall be:

(1) To monitor the school district's compliance with this

article, including:

(i) the school district's reporting to the office of

incidents involving acts of violence, possession of a weapon or

possession, use or sale of controlled substances as defined in

the act of April 14, 1972 (P.L.233, No.64), known as "The

Controlled Substance, Drug, Device and Cosmetic Act," or

possession, use or sale of alcohol or tobacco by any person on

school property;

(ii) obtaining copies of the school district's reports to

the office and reviewing and analyzing them;

(iii) the school district's compliance with the procedures

set forth in the memorandum of understanding with the

appropriate police department regarding incidents involving acts

of violence and possession of weapons; and

(iv) obtaining documentation, on a weekly basis during those

times when school is in session, of all written or verbal

contacts by school district personnel with the appropriate

police department consistent with the requirements of the

memorandum of understanding.

(2) To monitor the school district's compliance with the

mandatory expulsion requirements of sections 1317.2 and 1318.1.

(3) To receive inquiries from school staff and parents or

guardians of students who are victims of acts of violence on

school property.

(4) To establish a protocol, in consultation with the

Juvenile Court Judges' Commission, to assure timely receipt by

the school district of information regarding students who have

been adjudicated delinquent pursuant to 42 Pa.C.S. § 6341(b.1)

(relating to adjudication) and to monitor the school district's

use of that information to ensure that victims of acts of

violence by a student are protected.

(5) To establish a program to assure extensive and

continuing public awareness of information regarding the role of

the advocate on behalf of victims of acts of violence on school

property, which may include the mailing of information to the

parents or guardians of students in the school district or other

forms of communication.

(6) To review and analyze Federal and State statutes which

may be an impediment to school safety and the imposition of

discipline for the commission of acts of violence on school

property and to prepare, by April 30, 2001, and as necessary

from time to time thereafter, reports making recommendations for

changes to the statutes which would promote school safety and

facilitate effective and expedient disciplinary action. The

reports shall be submitted to the secretary and the Executive

2023/90DMS/HB0027A02052 - 15 -

Director of the Pennsylvania Commission on Crime and

Delinquency.

(7) To review and analyze court decisions applicable to the

school district's disciplinary process and procedures, to make

recommendations to the school district regarding any negative

impact these decisions have upon the effective maintenance of

school safety and to make recommendations relating to the

existing provisions of consent decrees.

(8) To prepare an annual report regarding the activities of

the advocate during the prior fiscal year and any

recommendations for remedial legislation, regulations or school

district administrative reforms, which shall be submitted to the

school district superintendent, the secretary, the Executive

Director of the Pennsylvania Commission on Crime and

Delinquency, the chairperson of the Education Committee of the

Senate and the chairperson of the Education Committee of the

House of Representatives by August 15 of each year.

(9) To monitor infractions of the school district's code of

conduct to identify students whose conduct would constitute an

offense under 18 Pa.C.S. § 2701 (relating to simple assault).

acts of violence on school property, victims of conduct that

would constitute an act of violence and victims of students who

have committed two or more infractions as set forth in

subsection (b)(9):

(1) provide assistance and advice, including information on

support services provided by victim assistance offices of the

appropriate district attorney and through local community-based

victim service agencies;

(2) provide information to the parent or guardian of the

student victim regarding the disciplinary process and any action

ultimately taken against the student accused of committing the

act of violence;

(3) in cases involving the possession or use of a weapon,

advise the parent or guardian of the victim whether the school

district properly exercised its duty under section 1317.2;

(4) in cases where the advocate has received a request by

the parent or guardian of the victim, to attend formal

disciplinary proceedings;

(5) with the consent of the parent or guardian of the

victim, present information in the disciplinary proceeding,

which may include oral or written presentations, including

testimony by the victim or the parent or guardian of the victim,

regarding the impact on the victim and the victim's family and

the appropriate disciplinary action and which may include direct

or cross-examination of witnesses;

(6) where the perpetrator of an act of violence is returning

to school after placement under a consent decree, adjudication

of delinquency or conviction of a criminal offense, assist the

parent or guardian of the victim in providing input to the

school district and the appropriate juvenile or criminal justice

2023/90DMS/HB0027A02052 - 16 -

authority to ensure the victim's safety on school property;

(7) in cases where the district has failed to report the act

of violence to the appropriate police department as required by

the memorandum of understanding, to report such act of violence

directly; and

(8) provide information and make recommendations to the

office of the district attorney regarding the impact of the act

of violence on the victim and the victim's family.

(d) Upon discovery of the commission of an act of violence

upon a student, the school district of the first class shall

immediately notify the victim's parent or guardian of the safe

schools advocate. The form of this notice shall be developed by

the advocate and provided to the school district. This form

shall include the address and telephone number of the advocate

and a brief description of the purposes and functions of the

safe schools advocate. The principal of each school within the

school district shall post a notice not less than 8 1/2 by 11

inches entitled "Safe Schools Advocate" at a prominent location

within each school building, where such notices are usually

posted. The form of this notice shall also be developed by the

advocate and provided to the school district.

(e) It shall be the duty of each school administrator in a

school district of the first class to cooperate with the safe

schools advocate to implement this section and to provide the

advocate, upon request, with all available information

authorized by State law. In regard to individual cases of acts

of violence, only information permitted to be shared under

subsection (f) shall be disclosed.

(f) The advocate and all employes and agents of the safe

schools advocate shall be subject to and bound by section 444 of

the General Education Provisions Act (Public Law 90-247, 20

U.S.C. § 1232g) and 34 CFR Pt. 99 (relating to family

educational rights and privacy).

(g) This section shall not apply to the extent that it would

conflict with the requirements of the Individuals with

Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1400

et seq.) or other applicable Federal statute or regulation.

(h) As used in this section:

"Act of violence" shall mean the possession of a weapon on

school property or an offense, including the attempt,

solicitation or conspiracy to commit the offense, under any of

the following provisions of 18 Pa.C.S. (relating to crimes and

offenses):

(1) Section 2501 (relating to criminal homicide).

(2) Section 2702 (relating to aggravated assault).

(3) Section 3121 (relating to rape).

(4) Section 3122.1 (relating to statutory sexual assault).

(5) Section 3123 (relating to involuntary deviate sexual

intercourse).

(6) Section 3124.1 (relating to sexual assault).

(7) Section 3125 (relating to aggravated indecent assault).

2023/90DMS/HB0027A02052 - 17 -

(8) Section 3126 (relating to indecent assault).

(9) Section 3301 (relating to arson and related offenses).

(10) Section 3701 (relating to robbery).

(11) Section 3702 (relating to robbery of motor vehicle).

"School district" shall mean school district of the first

class.

(i) At least eighty per centum (80%) of all appropriations

for the Office of Safe Schools Advocate in fiscal year 2006-2007

shall be expended by June 30, 2007, and the remaining balance of

the appropriation shall be committed or encumbered by June 30,

2007.

Section 1311-A. Standing.--(a) If a student in a school

district of the first class is a victim of an act of violence

involving a weapon on school property and the student who

possessed the weapon was not expelled under section 1317.2, the

parent or guardian of the victim shall have standing to

institute a legal proceeding to obtain expulsion of the student.

(b) The Office of General Counsel shall have standing to

bring an action on behalf of a victim or the parent or guardian

of a victim of an act of violence in a school in a school

district of the first class to modify, clarify or eliminate a

consent decree that is related to discipline in the district if,

in consultation with the advocate, the Office of General Counsel

believes that the action is in the best interests of the

students of the school district.

Commission on Crime and Delinquency in consultation with the

General Counsel may designate a portion of the funds provided

for the safe schools advocate:

(i) For contracts for legal services to assist low-income

parents or guardians of victims to obtain legal services for

proceedings under subsection (a).

(ii) To challenge a consent decree under subsection (b) or

to bring an action under sections 1310-A(c)(5) and 1312-A(a).

(2) The designation of attorneys to receive funds under this

subsection shall be within the discretion of the Office of

General Counsel after consultation with the safe schools

advocate.

(3) Designated funds which are not expended under this

subsection shall lapse to the General Fund.

(d) Legal proceedings under this section shall be conducted

by an attorney designated by the Office of General Counsel in

consultation with the safe schools advocate. The attorney must

be a member of the bar in good standing.

(f) As used in this section, "low-income parent or guardian"

shall mean a parent whose family income is no greater than two

hundred fifty per centum (250%) of the Federal poverty level.

Section 1312-A. Enforcement.--(a) (1) If the school

district of the first class fails to comply with requirements to

provide information to the safe schools advocate under section

1310-A, the advocate shall provide documentation of the failure

2023/90DMS/HB0027A02052 - 18 -

to the Secretary of Education and the Pennsylvania Commission on

Crime and Delinquency.

(2) If the secretary determines that there is

noncompliance, the secretary shall notify the advocate and the

Office of General Counsel. The Office of General Counsel, in

consultation with the safe schools advocate, shall designate an

attorney to bring an action in a court of competent jurisdiction

to enforce section 1310-A.

(3) If the secretary determines that the school district of

the first class has complied with the requirements to provide

information to the safe schools advocate under section 1310-A,

the secretary shall convene a public hearing at which the safe

schools advocate shall be permitted to testify regarding the

alleged noncompliance.

(b) Legal proceedings under subsection (a) shall be

conducted by an attorney designated by the Office of General

Counsel in consultation with the safe schools advocate. The

attorney must be a member of the bar in good standing.

Section 1313-A. Construction of Article and Other Laws.--

Nothing in this article or any other provision of law shall be

construed as granting a right of status for or participation by

the safe schools advocate in a grievance or arbitration

proceeding arising out of a collective bargaining agreement.]

Section 11. Section 1301-B of the act is amended by adding

definitions to read:

Section 1301-B. Definitions.

The following words and phrases when used in this article

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

context clearly indicates otherwise:

"Chief school administrator." The superintendent of a public

school district, superintendent of an area career and technical

school, executive director of an intermediate unit or chief

executive officer of a charter school.

* * *

"Department." The Department of Education of the

Commonwealth.

* * *

"School property." As defined in section 1301-A.

* * *

"Student with a disability." A student who meets the

definition of "child with a disability" under 20 U.S.C. Ch. 33

(relating to education of individuals with disabilities) or who

meets the definition of a "handicapped person" under 29 U.S.C. §

794 (relating to nondiscrimination under Federal grants and

programs) and its implementing regulations (34 CFR 104.3(j)).

The term includes a student for whom an evaluation is pending

under either 20 U.S.C. Ch. 33 or 29 U.S.C. Ch. 16 (relating to

vocational rehabilitation and other rehabilitative services).

"Weapon." The term shall include, but not be limited to, a

knife, cutting instrument, cutting tool, nunchaku, firearm,

shotgun, rifle and other tool, instrument or implement capable

2023/90DMS/HB0027A02052 - 19 -

of inflicting serious bodily injury.

Section 12. Section 1302-B(e) of the act, amended July 8,

2022 (P.L.620, No.55), is amended, subsection (b)(12) is amended

by adding a subparagraph and the section is amended by adding a

subsection to read:

Section 1302-B. School Safety and Security Committee.

* * *

(b) Composition.--The committee shall consist of a

chairperson and the following members:

* * *

(12) The following members appointed by the Governor:

* * *

(xi) The Homeland Security Director of the Office of

Homeland Security under 4 Pa. Code Ch. 6 Subch. LL

(relating to Office of Homeland Security), who shall be a

nonvoting member.

* * *

(e) Term.--Members appointed under subsection (b)(5), (6),

(7), (8), (11) and (12) shall serve for a four-year term and may

be appointed for no more than one additional consecutive term.

The terms of those members who serve by virtue of the public

office they hold shall be concurrent with their service in the

office from which they derive their membership.

* * *

(j) Executive committee.--

(1) The committee shall establish an executive committee

which shall meet, at a minimum, every two months to identify

and review current and emerging school safety issues,

including, but not limited to:

(i) data on issues and incidents reported through

the Safe2Say Program;

(ii) information arising from county safe schools'

collaboratives under section 1310.1-B;

(iii) identification, prevention and mitigation of

potential threats of targeted violence in educational

settings;

(iv) utilization of best practices among school

entities related to threat assessment, bystander

intervention and reporting, crisis intervention and

emergency preparedness and response; and

(v) other incidents and issues impacting school

safety in this Commonwealth.

(2) The executive committee shall provide guidance and

recommendations for consideration by the committee.

(3) The executive committee shall include, at a minimum,

the chair of the committee and the members appointed under

subsection (b)(2), (3), (4), (5), (6), (7) and (8).

(4) Meetings of the executive committee shall not be

subject to the requirements of 65 Pa.C.S. Ch. 7 (relating to

open meetings).

(5) The member appointed under subsection (b)(2) shall

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serve as chair of the executive committee.

(6) The executive committee may add other members of the

committee as necessary.

Section 13. The act is amended by adding a section to read:

Section 1302.1-B. Duties of committee.

The committee shall advance practices to improve the safety

and security of school entities within this Commonwealth,

including developing policies and providing resources, training,

guidance and assistance to schools and their partners. In

addition to other duties given to the committee under this

article, the committee shall have the following powers and

duties:

(1) To establish, periodically review and, if necessary,

update baseline criteria for physical security and behavioral

health in coordination with the department for school

entities in this Commonwealth.

(2) To coordinate antiviolence and school safety efforts

between school, professional, parental, governmental, law

enforcement and community organizations and associations.

(3) To collect, develop and disseminate information,

policies, strategies and other information to assist in the

development of programs to impact school and community

violence and other school-safety-related issues.

(4) To provide training to school employees, school

safety and security coordinators and communities on effective

measures to prevent and combat school and community violence

as well as school safety and security training under section

1310-B and coordinator training under section 1316-B.

(5) In collaboration and coordination with the

department, to assist school entities and nonpublic schools

on the development of policies to enhance safety and

security, including policies addressing possession of

weapons, acts of violence, protocols for coordination with

law enforcement officials and reporting under section 1319-B.

(6) In collaboration and coordination with the

department, to verify that each school entity has complied

with reporting and memorandum of understanding requirements

under section 1319-B.

(7) In collaboration and coordination with the

department, to publish and post on the commission's publicly

accessible Internet website a school safety annual report no

later than November 1 of each calendar year outlining all

incidents required to be reported under section 1319-B and

school entities that failed to submit a report under section

1319-B.

(8) In collaboration and consultation with the

Pennsylvania State Police, to establish criteria for

certifying approved vendors to provide school police officers

to nonpublic schools for the purpose of awarding grants under

section 1306.1-B(k).

(9) To publish and post on the commission's publicly

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accessible Internet website a listing of approved vendors

under paragraph (8).

(10) In consultation with the department, to develop,

review and promulgate regulations under section 1306.2-B(b).

(11) To request data related to school safety and

security collected by the department to fulfill the duties of

the committee. The department shall provide requested data no

later than 10 days after the request is made.

Section 14. Section 1306-B(j)(4) and (12), (k) and (l) of

the act, amended July 8, 2022 (P.L.620, No.55), are amended,

subsection (h) is amended by adding paragraphs and the section

is amended by adding a subsection to read:

Section 1306-B. School Safety and Security Grant Program.

* * *

(h) School Safety and Security Fund.--

* * *

(10) For fiscal year 2023-2024, the committee shall

commit funds relating to school safety and security and

school mental health to school entities that receive a grant

award under this section no later than March 31, 2024.

(11) For fiscal year 2024-2025 and each fiscal year

thereafter, the committee shall commit funds relating to

school safety and security and school mental health to school

entities that receive a grant award under this section no

later than December 31 of each calendar year in which funds

are available.

* * *

(j) Specific purposes.--The committee shall provide grants

to school entities for programs that address school mental

health and safety and security, including:

* * *

(4) School-based diversion programs[.] as defined in

section 1301-A, including costs associated with the hiring of

qualified professional staff members to provide assistance

and services related to the programs.

* * *

(12) Security planning and purchase of security-related

technology, which may include metal detectors, protective

lighting, specialty trained canines, surveillance equipment,

special emergency communications equipment, automated

external defibrillators, electronic locksets, deadbolts,

trauma kits and theft control devices and training in the use

of security-related technology. [Security planning and

purchase of security-related technology shall be based on

safety needs identified by the school entity's board of

school directors.]

* * *

(k) Coordination of grant distribution.--The [department]

committee shall coordinate the distribution of grants under

[Article XIII-A with the committee] section 1306.1-B to ensure

the most effective use of resources.

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(l) Audits.--

(1) The commission may randomly audit and monitor grant

recipients to ensure the appropriate use of grant funds and

compliance with [the provisions of] subsection (d).

(2) The Auditor General [shall] may not perform audits

related to school safety and security assessments, survey

instruments and grant applications.

(m) Procurement procedures.--An applicant shall be required

to comply with all applicable State and local procurement

requirements, policies and procedures when expending grant

funds.

Section 15. The act is amended by adding sections to read:

Section 1306.1-B. Targeted School Safety Grants for Nonpublic

Schools and School Entities Program.

(a) Reestablishment.--The Targeted School Safety Grants for

Nonpublic Schools and School Entities Program is reestablished

in the committee to make nonpublic schools and school entities

within this Commonwealth safer places.

(b) Continuation.--The targeted grants issued in fiscal year

2022-2023 and in any previous fiscal year to school entities and

to intermediate units on behalf of nonpublic schools through the

department under Article XIII-A shall continue to be

administered by the department. Targeted grants for fiscal year

2023-2024 and each year thereafter shall be awarded and

administered by the committee.

functions related to the direct approval, disbursement and

administration of grants under the program.

(d) Diversity.--The committee shall ensure that grant

funding under the program is geographically dispersed throughout

this Commonwealth.

(e) Supplement and not supplant.--

(1) Grant money allocated through the program shall be

used to supplement and not supplant existing nonpublic school

entity spending on school safety and security.

(2) Nothing in this section shall be construed to

preclude a nonpublic school entity from making an application

in a subsequent year for the same purpose and amount awarded

in a prior year.

(f) Whole or partial awards.--The committee, in its

discretion, may award, in whole or in part, a request made by a

nonpublic school entity in its grant application based upon the

merit of a specific item requested.

(g) Sustainability planning.--Sustainability planning is not

a necessary component of an application under this section.

(h) Confidentiality.--Information submitted by a nonpublic

school entity as part of the grant application, the disclosure

of which would be reasonably likely to result in a substantial

and demonstrable risk of physical harm or the personal security

of students or staff, shall remain confidential and shall not be

accessible for inspection and duplication under the act of

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February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

The committee may release aggregate data at its discretion.

(i) (Reserved).

(j) Uses.--Targeted grants to school entities and to

intermediate units on behalf of nonpublic schools shall be used

to fund programs that address school violence and school mental

health. Eligible uses of the funds shall include any use under

section 1306-B(j) and to fund programs that address school

violence by establishing or enhancing school security, including

costs associated with the training and compensation of school

security personnel.

(k) Other grant recipients.--

(1) The committee may award targeted grants to

municipalities, law enforcement agencies and approved vendors

to fund programs that address school violence by establishing

or enhancing school security, including costs associated with

the training and compensation of school security personnel.

(2) A municipality or law enforcement agency that

receives grants under this subsection shall, with the prior

consent of the governing board of the school entity or

nonpublic school, assign school resource officers to carry

out their official duties on the premises of the school

entity or nonpublic school. A municipality or law enforcement

agency may not receive grant money under this subsection for

any purpose other than for costs associated with school

resource officers and are not eligible for other grants

provided to school entities under this section. In assigning

school resource officers under this subsection, a

municipality shall take into consideration the proportion of

students enrolled in each school entity or nonpublic school.

(3) A nonpublic school may apply to the committee for

grant funding under paragraph (1) to be used for the costs

associated with obtaining the services of school security

personnel from a list of approved vendors certified by the

committee. A grant award for this purpose shall be awarded

and paid directly to the approved vendor with which the

nonpublic school contracts for services. A nonpublic school

may not apply for grant funding under this subsection for any

purpose other than obtaining the services of school security

personnel under this paragraph.

(l) Other duties.--The committee shall have the following

duties as to targeted grants:

(1) Targeted grants shall be allocated through a

competitive grant review process established by the

committee. A school entity must satisfy the requirements of

this section. The application for a targeted grant shall

include:

(i) the purpose for which the targeted grant will be

utilized;

(ii) information indicating the need for the

targeted grant, including, but not limited to, school

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violence statistics;

(iii) an estimated budget;

(iv) methods for measuring outcomes; and

(v) other criteria as the committee may require.

(2) The committee shall:

(i) Give priority in grant funding under subsection

dangerous school as defined in 22 Pa. Code § 403.2

(relating to definitions).

(ii) Give priority in grant funding under subsection

(j) to school entities with the greatest need related to

safety and order.

(iii) For municipalities, local law enforcement

agencies and nonpublic schools that apply for funding for

the training and compensation of school security

personnel under subsection (j) or (k), give priority to

municipalities, local law enforcement agencies and

nonpublic schools that utilize school security personnel

who have completed the training and qualifications

required under Article XIII-C.

(iv) For school entities or nonpublic schools that

apply for funding for school police officers under

subsection (j) or (k), give priority to school entities

and nonpublic schools that utilize school police officers

who satisfy all of the following:

(A) Are retired Federal agents or retired State,

municipal or military police officers.

(B) Are independent contractors of the school

entity or nonpublic school.

receive no other compensation or fringe benefits from

the school entity or nonpublic school.

(D) Have completed annual training as required

by the Municipal Police Officers' Education and

Training Commission under 53 Pa.C.S. Ch. 21 Subch. D

(relating to municipal police education and

training).

(E) The requirements of section 111.

(F) In the case of a school entity, have been

indemnified by the school entity under 42 Pa.C.S. §

8548 (relating to indemnity).

(G) Are utilized by a school entity or nonpublic

school that has not employed a school police officer

within the three years immediately preceding the

effective date of this section. Nothing in this

section shall be construed to impact grant decisions

for school entities, municipalities or law

enforcement agencies that apply for funding for

hiring of school resource officers under subsection

(j) or (k).

(3) For fiscal year 2023-2024 and each fiscal year

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thereafter, the combined amount of grants awarded to

intermediate units on behalf of nonpublic schools under

subsection (j) and grants awarded for costs associated with a

nonpublic school obtaining the services of school security

personnel under subsection (k) shall be no less than

$14,551,000.

(m) Audits.--

(1) The commission may randomly audit and monitor grant

recipients to ensure the appropriate use of grant funds and

compliance with the provisions of subsection (d).

(2) The Auditor General may not perform audits related

to school safety and security assessments, survey instruments

and grant applications.

(n) Procurement procedures.--An applicant shall be required

to comply with all applicable State and local procurement

requirements, policies and procedures when expending grant

money.

(o) Transfer.--Within 90 days of the effective date of this

section, from the amount appropriated to the Department of

E ducation for the Safe School Initiative, the Department of

E ducation shall transfer the sum of $20,700,000 to the

commission for distribution by the committee in accordance with

this section.

(p) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Program." The Targeted School Safety Grants for Nonpublic

Schools and School Entities Program reestablished in this

section.

Section 1306.2-B. Standardized protocols.

(a) Continuation of regulations.--A regulation adopted under

section 1302.1-A and in effect as of the effective date of this

section shall be enforced by the committee in collaboration and

coordination with the department and the State Board of

Education and shall continue to have the same force and effect

until modified or revised under this section.

(b) Regulations.--No later than three years after the

effective date of this section, the committee shall promulgate

final-omitted regulations under the act of June 25, 1982

(P.L.633, No.181), known as the Regulatory Review Act, in

consultation with the department, necessary to implement this

article. The regulations shall include the following:

(1) A model memorandum of understanding between school

entities and law enforcement. The model memorandum of

understanding shall be reviewed at least once every three

years and revised where necessary. The committee may revise

the model memorandum of understanding by transmitting a

notice to the Legislative Reference Bureau for publication in

the next available issue of the Pennsylvania Bulletin that

contains the complete revised model memorandum of

understanding. The revised model memorandum of understanding

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shall be incorporated into the Pennsylvania Code and replace

the existing model memorandum of understanding.

(2) A protocol for the notification of the law

enforcement agency when an offense listed under section 1319-

B(b)(7) occurs on school property. The protocol shall include

a requirement that the school entity immediately notify the

law enforcement agency when an offense occurs.

(3) A protocol for the notification of the law

enforcement agency at the discretion of the chief school

administrator regarding an offense listed under section 1319-

B(b)(8) or other offense that occurs on school property.

(4) A protocol for emergency and nonemergency response

by the law enforcement department. The protocol shall include

a requirement that the school entity notify and supply the

law enforcement agency with a copy of the comprehensive

disaster response and emergency preparedness plan as required

by 35 Pa.C.S. § 7701(g) (relating to duties concerning

disaster prevention).

(5) Procedures and protocols if a student with a

disability commits an incident listed under section 1319-B(b)

(7) and (8), including procedures related to student behavior

as required by 22 Pa. Code § 14.104 (relating to special

education plans) and 14.133 (relating to positive behavior

supports). Protocols may include, but need not be limited to,

training in the use of positive behavior supports and de-

escalation techniques for students with disabilities.

Section 1310.1-B. County safe schools' collaborative.

(a) Establishment.--A county, or multicounties acting

jointly, may establish a safe schools' collaborative to

distribute, promote and develop best practices applicable to

emergency response involving school safety and security through

an emergency preparedness planning approach. The collaborative

shall provide assistance to school entities, law enforcement and

emergency responders and shall meet at least quarterly to

develop safe and secure schools. The collaborative shall

identify and promote strategies, practices that align with those

identified by the committee and programs that support safe

schools for all students and staff and recommend implementation

as part of a countywide or multicounty safe schools' plan.

(b) Technical assistance.--The Pennsylvania Emergency

Management Agency in collaboration with the Pennsylvania State

Police and the Office of Homeland Security shall provide

technical assistance to a county or several counties to

establish a safe schools' collaborative under subsection (a) to

provide school districts, emergency responders and all relevant

school safety partners with quality information, resources,

consultation and training services.

in collaboration with the Pennsylvania State Police and the

Office of Homeland Security shall report to the committee

annually beginning September 1, 2024, and September 1 of each

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year thereafter, the number of counties that have requested

technical assistance under subsection (b).

(d) Confidentiality of reports.--Reports to the committee

under this section shall remain confidential and shall not be

subject to inspection and duplication under the act of February

14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(e) Confidentiality of meetings.--Meetings of a county safe

schools' collaborative are not subject to the requirements of 65

Pa.C.S. Ch. 7 (relating to open meetings).

Section 16. Section 1316-B(b) of the act, added July 8, 2022

(P.L.620, No.55), is amended to read:

Section 1316-B. School safety and security coordinator

training.

* * *

(b) Required training.--

(1) The committee shall adopt the required training

hours for the training developed under subsection (a). The

committee may not require more than seven hours of training

for the school safety and security coordinator annually. The

training shall be in addition to other training requirements

for school administrators.

(2) Employees required to undergo continuing

professional education under section 1205.2 and 1205.5 shall

receive credit toward their continuing professional education

requirements.

* * *

Section 17. The act is amended by adding sections to read:

Section 1319-B. Reporting and memorandum of understanding.

(a) Data reporting and access.--In collaboration and

coordination with the committee, the department shall collect

information as required by this section. The committee may

request information collected by the department under this

section. The department shall provide the information requested

no later than 10 days after the request date to the extent

permitted by law.

(b) Reporting by chief school administrator.--A chief school

administrator shall report to the department by July 31 of each

year all new incidents involving acts of violence, possession of

a weapon or possession, use or sale of controlled substances as

defined in the act of April 14, 1972 (P.L.233, No.64), known as

The Controlled Substance, Drug, Device and Cosmetic Act, or

possession, use or sale of alcohol or tobacco by any person on

school property. The report shall include all incidents

involving conduct that constitutes a criminal offense listed

under subsection (b)(7) and (8). Reports, on a form to be

developed and provided by the department, in collaboration and

coordination with the committee, shall include:

(1) The age or grade of the students involved.

(2) The name and address of school.

(3) The circumstances surrounding the incident,

including, but not limited to, the type of weapon, controlled

2023/90DMS/HB0027A02052 - 28 -

substance, alcohol or tobacco, the date, time and location of

the incident, if a person other than a student is involved in

the incident and any relationship of the person to the school

entity.

(4) The race of the students involved.

(5) Whether the students have an Individualized

Education Plan under 20 U.S.C. Ch.33 (relating to education

for individuals with disabilities) and, if so, the type of

disability.

(6) Any sanction imposed by the school.

(7) A list of criminal offenses which may, at a minimum,

include:

(i) The following offenses under 18 Pa.C.S.

(relating to crimes and offenses):

Section 908 (relating to prohibited offensive

weapons).

Section 912 (relating to possession of weapon on

school property).

Chapter 25 (relating to criminal homicide).

Section 2702 (relating to aggravated assault).

Section 2709.1 (relating to stalking).

Section 2901 (relating to kidnapping).

Section 2902 (relating to unlawful restraint).

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual

assault).

Section 3123 (relating to involuntary deviate sexual

intercourse).

Section 3124.1 (relating to sexual assault).

Section 3124.2 (relating to institutional sexual

assault).

Section 3125 (relating to aggravated indecent

assault).

Section 3126 (relating to indecent assault).

Section 3301 (relating to arson and related

offenses).

Section 3307 (relating to institutional vandalism)

when the offense is a felony of the third degree.

Section 3502 (relating to burglary).

Section 3503(a) and (b)(1)(v) (relating to criminal

trespass).

Section 5501 (relating to riot).

Section 6110.1 (relating to possession of firearm by

minor).

(ii) The possession, use or sale of a controlled

substance or drug paraphernalia as defined in The

Controlled Substance, Drug, Device and Cosmetic Act.

(iii) An attempt, solicitation or conspiracy to

commit an offense listed in subclauses (i) and (ii).

(iv) An offense for which registration is required

under 42 Pa.C.S. § 9799.55 (relating to registration).

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(8) The following offenses under 18 Pa.C.S. and any

attempt, solicitation or conspiracy to commit any of these

offenses:

Section 2701 (relating to simple assault).

Section 2705 (relating to recklessly endangering another

person).

Section 2706 (relating to terroristic threats).

Section 2709 (relating to harassment).

Section 3127 (relating to indecent exposure).

Section 3307 when the offense is a misdemeanor of the

second degree.

Section 3503(b)(1)(i), (ii), (iii) and (iv), (b.1) and

(b.2).

Chapter 39 (relating to theft and related offenses).

Section 5502 (relating to failure of disorderly persons

to disperse upon official order).

Section 5503 (relating to disorderly conduct).

Section 6305 (relating to sale of tobacco products).

Section 6306.1 (relating to use of tobacco products in

schools prohibited).

Section 6308 (relating to purchase, consumption,

possession or transportation of liquor or malt or brewed

beverages).

(9) Notification of law enforcement.

(10) Remedial programs involved.

(11) Parental involvement required.

(12) Arrests, convictions and adjudications, if known.

subsection (b), each chief school administrator and each law

enforcement agency having jurisdiction over school property of

the school entity shall comply with the following:

(1) No later than 30 days prior to the deadline for

submitting the report to the department required under

subsection (b), the chief school administrator shall submit

the report to the law enforcement agency with jurisdiction

over the relevant school property. The law enforcement agency

shall review the report and compare the data regarding

criminal offenses and notification of law enforcement to

determine whether the report accurately reflects law

enforcement incident data.

(2) No later than 15 days prior to the deadline for the

chief school administrator to submit the report required

under subsection (b), the law enforcement agency shall notify

the chief school administrator, in writing, whether the

report accurately reflects law enforcement incident data.

Where the law enforcement agency determines that the report

accurately reflects law enforcement incident data, the chief

of police shall sign the report. If the law enforcement

agency determines that the report does not accurately reflect

law enforcement incident data, the law enforcement agency

shall indicate any discrepancy between the report and law

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enforcement incident data.

(3) Prior to submitting the report required under

subsection (b), the chief school administrator and the law

enforcement agency shall attempt to resolve any discrepancy

between the report and law enforcement incident data. If a

discrepancy remains unresolved, the law enforcement agency

shall notify the chief school administrator and the

department in writing.

(4) If a law enforcement agency fails to take action as

required under paragraph (2) or (3), the chief school

administrator shall submit the report required under

subsection (b) and indicate that the law enforcement agency

failed to take action as required under paragraph (2) or (3),

as applicable.

(d) Advisory committee.--A chief school administrator shall

form an advisory committee composed of relevant school staff,

including, but not limited to, principals, security personnel,

school safety and security coordinator, emergency services

personnel, school security personnel, guidance counselors and

special education administrators to assist in the development of

a memorandum of understanding under this section. In

consultation with the advisory committee, the chief school

administrator shall enter into a memorandum of understanding

with law enforcement agencies having jurisdiction over school

property of the school entity. The chief school administrator

shall submit a copy of the memorandum of understanding to the

department by June 30, 2024, and biennially update and re-

execute a memorandum of understanding with law enforcement and

file the memorandum with the department on a biennial basis. The

memorandum of understanding shall be signed by the chief school

administrator, the chief of police of the law enforcement agency

with jurisdiction over the relevant school property and

principals of each school building of the school entity. The

memorandum of understanding shall comply with the regulations

promulgated under section 1306.2-B and shall also include:

(1) A procedure for law enforcement agency review of the

annual report required under subsection (b) prior to the

chief school administrator filing the report with the

department.

(2) A procedure for the resolution of a school violence

data discrepancy in the report prior to filing the report

required with the department.

(3) Additional matters pertaining to crime prevention

agreed to between the chief school administrator and the law

enforcement agency.

(e) Construction.--Pursuant to 20 U.S.C. § 1415(k)(6)

(relating to procedural safeguards), nothing in section 1302.1-A

or this section shall be construed to prohibit a school entity

from reporting a crime committed by a child with a disability to

appropriate authorities or to prevent State law enforcement and

judicial authorities from exercising their responsibilities with

2023/90DMS/HB0027A02052 - 31 -

regard to the application of Federal and State law to crimes

committed by a child with a disability.

(f) Noncompliance.--If a school entity or law enforcement

agency fails to comply with the provisions of this section, the

school entity or law enforcement agency may not be awarded any

grant administered by the committee until such time as the

school entity or law enforcement agency has complied with this

section.

(g) Report to the General Assembly.--

(1) The committee shall review and make recommendations

in a report to the General Assembly relating to the

following:

(i) All required reporting under this section,

including consideration of the criminal offenses under

subsection (b)(7) and (8).

(ii) All required reporting under this article and

Article XIII-C.

(2) The recommendations shall, at a minimum, include

whether the appropriate amount of data is being collected

and, if applicable, proposed elimination of any duplicative

reporting requirements.

(3) The committee shall transmit notice of the reports

under subparagraphs (1) and (2) to the department and the

General Assembly. The committee shall transmit notice of the

reports to the Legislative Reference Bureau for publication

in the next available issue of the Pennsylvania Bulletin.

Section 1320-B. Safe schools advocate in school districts of

the first class.

(a) Establishment.--The Executive Director of the commission

shall establish, within the commission, a safe schools advocate

for each school district. The safe schools advocate shall not be

subject to 71 Pa.C.S. Pt. III (relating to civil service

reform). The advocate shall establish and maintain an office

within the school district.

(b) Powers and duties.--The safe schools advocate shall have

the power and its duties shall be:

(1) To monitor on an annual basis, the school district's

compliance with this section and the memorandum of

understanding with the appropriate local law enforcement

agency by selecting, reviewing and analyzing a sample of the

school district's reporting under section 1319-B.

(2) For the purposes of victim advocacy and to assist in

the annual monitoring process under paragraph (1), to have

direct access to the school district's internal document

supporting the information required to be reported under

section 1319-B.

(3) To monitor the school district's compliance with the

mandatory expulsion requirements of sections 1317.2 and

1318.1.

(4) To receive inquiries from school staff and parents

or guardians of students who are victims of conduct that

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constitutes a criminal offense on school property or to or

from school.

(5) To establish a protocol, in consultation with the

Juvenile Court Judges' Commission, to assure timely receipt

by the school district of information regarding students who

have been adjudicated delinquent under 42 Pa.C.S. § 6341(b.1)

(relating to adjudication) and to monitor the school

district's use of that information to ensure that victims are

protected.

(6) To establish a program to assure extensive and

continuing public awareness of information regarding the role

of the advocate on behalf of victims of conduct that

constitutes a criminal offense on school property or to or

from school, which may include the mailing of information to

the parents or guardians of students in the school district

or other forms of communication.

(7) To prepare an annual report regarding the activities

of the advocate during the prior fiscal year and any

recommendation for remedial legislation, regulation or school

district administrative reform, which shall be submitted to

the school district superintendent, the secretary, the

Executive Director of the commission, the chairperson of the

Education Committee of the Senate and the chairperson of the

Education Committee of the House of Representatives by August

15 of each year.

behalf of victims of conduct that constitutes a criminal offense

on school property or victims of at least two infractions of the

school district's code of conduct:

(1) Provide assistance and advice, including information

on support services provided by victim assistance offices of

the appropriate district attorney and through local

community-based victim service agencies.

(2) Provide information to the parent or guardian of a

student victim regarding the disciplinary process and any

action ultimately taken against the student accused of

committing the conduct that constitutes a criminal offense.

(3) If the possession or use of a weapon is involved,

advise the parent or guardian of the victim whether the

school district properly exercised its duty under section

1317.2.

(4) If the advocate has received a request by the parent

or guardian of the victim, attend formal disciplinary

proceedings.

(5) With the consent of the parent or guardian of the

victim, participate and present information in the

disciplinary proceeding, which may include:

(i) making oral or written presentations, including

testimony by the victim or the parent or guardian of the

victim, regarding the impact on the victim and the

victim's family and the appropriate disciplinary action;

2023/90DMS/HB0027A02052 - 33 -

and

(ii) conducting direct or cross-examination of

witnesses.

(6) If the perpetrator of conduct that constitutes a

criminal offense returns to school after placement under a

consent decree, adjudication of delinquency or conviction of

a criminal offense, assist the parent or guardian of the

victim in providing input to the school district and the

appropriate juvenile or criminal justice authority to ensure

the victim's safety on school property.

(7) If a school district has failed to report to the

appropriate law enforcement agency as required by the

memorandum of understanding, report the act directly.

(8) Provide information to the office of the district

attorney regarding the impact of the conduct that constitutes

a criminal offense on the victim and the victim's family.

(d) Notification.--

(1) Upon discovery of the commission of conduct that

constitutes a criminal offense upon a student, the school

district shall immediately notify the safe schools advocate

of the incident, including the details of the incident and

all of the individuals involved, and immediately notify the

victim, the victim's parent or legal guardian.

(2) The form of the notice to the victim or the victim's

parent or legal guardian shall be developed by the advocate

and provided to the school district and shall include the

address and telephone number of the advocate and a brief

description of the purposes and functions of the safe schools

advocate.

(3) The principal of each school within the school

district shall post a notice not less than 8 1/2" by 11"

entitled "Safe Schools Advocate" at a prominent location

within each school building, where notices are usually

posted.

(4) The form of the notice shall also be developed by

the safe schools advocate and provided to the school

district.

(e) Cooperation.--School administrators in a school district

shall cooperate with the safe schools advocate to implement this

section and provide the advocate, upon request, with all

available information authorized by State law.

(f) Applicable provisions.--The advocate and all employees

and agents of the safe schools advocate shall be subject to and

20 U.S.C. § 1232g (relating to family educational and privacy

rights) and 34 CFR Pt. 99 (relating to family educational rights

and privacy).

(g) Limitation.--This section shall not apply to the extent

that it would conflict with the requirements of 20 U.S.C. Ch. 33

(relating to education of individuals with disabilities) or

other applicable Federal statute or regulation.

(h) Standing.--

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(1) If a student in a school district is a victim of an

act of violence involving a weapon on school district

property and the student who possessed the weapon was not

expelled under section 1317.2, the parent or guardian of the

victim shall have standing to institute a legal proceeding to

obtain expulsion of the student.

(2) The Office of General Counsel shall have standing to

bring an action on behalf of a victim or the parent or

guardian of a victim of an act of violence in a school in a

school district to modify, clarify or eliminate a consent

decree that is related to discipline in the school district

if, in consultation with the advocate, the Office of General

Counsel believes that the action is in the best interests of

the students of the school district.

(3) The Executive Director of the commission, in

consultation with the General Counsel, may designate a

portion of the funds provided for the safe schools advocate:

(i) For contracts for legal services to assist low-

income parents or guardians of victims to obtain legal

services for proceedings under subsection (a).

(ii) To challenge a consent decree under subsection

(b) or to bring an action under this act.

(4) The designation of attorneys to receive funds under

this subsection shall be within the discretion of the Office

of General Counsel after consultation with the safe schools

advocate.

(5) Designated funds not expended under this subsection

shall lapse to the General Fund.

(6) Legal proceedings under this section shall be

conducted by an attorney designated by the Office of General

Counsel in consultation with the safe schools advocate. The

attorney must be a member of the bar in good standing.

(i) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Low-income parent or guardian." A parent whose family

income is no greater than 250% of the Federal poverty level.

"School district." A school district of the first class.

"Victim." An individual against whom a crime has been

committed or attempted and who, as a direct result of the

criminal act or attempt, suffers physical or mental injury,

death or the loss of earnings as those terms are defined under

section 103 of the act of November 24, 1998 (P.L.882, No.111),

known as the Crime Victims Act. The term may include an

individual exercising self-defense when assaulted.

Section 1321-B. Enforcement.

(a) Procedure.--

(1) If a school district of the first class fails to

comply with the requirement to provide information to the

safe schools advocate under section 1320-B, the advocate

shall provide documentation of the failure to the Secretary

2023/90DMS/HB0027A02052 - 35 -

of Education and the commission.

(2) If the Secretary of Education determines that there

is noncompliance, the secretary shall direct the school

district of the first class to take corrective action. If the

school district of the first class fails to take corrective

action within 60 days, the secretary shall notify the

advocate and the Office of General Counsel. The Office of

General Counsel, in consultation with the safe schools

advocate, shall designate an attorney to bring an action in a

court of competent jurisdiction to obtain compliance.

(3) If the Secretary of Education determines that the

school district of the first class has complied with the

requirements to provide information to the safe schools

advocate, the secretary shall convene a public hearing at

which the safe schools advocate shall be permitted to testify

regarding the alleged noncompliance.

(4) Legal proceedings under this subsection shall be

conducted by an attorney designated by the Office of General

Counsel in consultation with the safe schools advocate. The

attorney must be a member of the bar in good standing.

(b) Construction of article and other laws.--Nothing in this

article or any other provision of law shall be construed as

granting a right of status for or participation by the safe

schools advocate in a grievance or arbitration proceeding

arising out of a collective bargaining agreement.

Section 18. The definition of "third-party vendor" in

section 1301-C of the act is amended and the section is amended

by adding a definition to read:

Section 1301-C. 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:

* * *

"Committee." The School Safety and Security Committee

established under section 1302-B.

* * *

"Third-party vendor." A company or entity approved by [the

Office for Safe Schools under section 1302-A(b)(8) or] the

commission under section 1315-C(2) that provides school security

services.

Section 19. Section 1302-C of the act is amended by adding a

subsection to read:

Section 1302-C. School police officers.

* * *

(1) A school entity or nonpublic school that has applied

to the court to appoint a person or persons to act as school

police officers under subsection (a) on or after the

effective date of this subsection shall, within 30 days of

approval of the appointment from the court, submit a copy of

the court's order to the committee.

2023/90DMS/HB0027A02052 - 36 -

(2) A school entity or nonpublic school that has

previously applied to the court to appoint a person or

persons to act as school police officers prior to the

effective date of this subsection shall, within 120 days of

the effective date of this paragraph, submit a copy of the

court's order relating to the appointment of each school

police officer to the committee.

(3) The provisions of section 1305-B(e) shall apply to

any data provided to the committee under this subsection.

Section 20. Sections 1303-C and 1314-C(b)(3)(i)(C) of the

act are amended to read:

Section 1303-C. Annual report.

A school entity or nonpublic school which employs or

contracts for a school police officer shall report annually to

the department, the committee and the commission the following

information regarding school police officers receiving training

as required under 53 Pa.C.S. Ch. 21 Subch. D (relating to

municipal police education and training):

(1) The identity of the school entity or nonpublic

school and the number of school police officers employed or

contracted by the school entity or nonpublic school.

(2) The municipalities comprising the school entity or

in which the nonpublic school is located.

(3) The date and type of training provided to each

school police officer.

Section 1314-C. School security guards.

* * *

(b) Training.--The following shall apply:

* * *

(3) An armed school security guard who is employed or

contracted by a school entity or nonpublic school before

September 2, 2019, shall have until February 28, 2020, to

complete the instruction under paragraph (1) unless an

extension is approved through the following process:

(i) The governing body of a school entity or

nonpublic school may approve an extension of the deadline

specified in this paragraph for armed school security

guards to complete the required instruction due to a

hardship in complying with the deadline. The deadline may

be extended to no later than the beginning of the 2020-

2021 school year. The following shall apply:

* * *

submit the approved hardship extension to [the Office

of Safe Schools within] the department not later than

15 days from the date of approval. Any documentation

submitted under this clause may not be subject to

inspection and duplication under the act of February

14, 2008 (P.L.6, No.3), known as the Right-to-Know

Law.

* * *

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Section 21. This act shall take effect immediately.

2023/90DMS/HB0027A02052 - 38 -