1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," providing for school security.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. The act of March 10, 1949 (P.L.30, No.14), known
9as the Public School Code of 1949, is amended by adding a
10section to read:

11Section 1309.1-A.  School Security Officers.--(a) The
12following shall apply to all school entities:

13(1) (i) Notwithstanding any other provision of state law,
14and subject to subsection (b), each school entity shall,
15beginning in the 2013-2014 school year, have one armed school
16security officer on duty on each school campus of the school
17entity at all times during the school day.

18(ii) The governing body of a school entity may determine to
19have an armed school security officer on duty at any school

1campus during extracurricular activities that occur outside the
2school day.

3(2) A school entity may comply with subparagraph (1)(i) by
4certifying to the Pennsylvania Commission on Crime and
5Delinquency that school police officers appointed pursuant to
6section 778 or school resource officers appointed pursuant to
7section 617 or 1302-A satisfy the requirements of this section.

8(b) A school entity shall be excused from compliance with
9subsection (a) with respect to any or all of the school campuses
10of the school entity if the governing body, by majority vote at
11a public meeting of the governing body, adopts a resolution
12setting forth the following:

13(1) A statement that the governing body finds that
14compliance with subsection (a) is not necessary to secure any or
15all school campuses of the school entity.

16(2) A list of the school campuses of the school entity for
17which the governing body finds that compliance with subsection
18(a) is not necessary.

19(3) An explanation of why the governing body finds the
20school campuses of the school entity to be secure without
21compliance with subsection (a).

22(c) A school security officer shall have the following
23powers and duties:

24(1) Screen all visitors to the school building on the school
25campus during the school day. During the school day, except in
26the event of a fire drill or school security drill, all
27students, employes and visitors shall enter and exit the school
28building through a single access area.

29(2) Engage in direct radio contact with the local police
30department serving the municipality in which the school campus

1is located, including providing immediate information to the
2local police department in the event of an emergency on the
3school campus.

4(3) Take actions to protect school students, employes and
5visitors in the event of a threat to the school campus, as
6determined by the school entity and the local police department
7serving the municipality in which the school campus is located
8and as set forth in the memorandum of understanding between the
9school entity and the local police department required pursuant
10to section 1302.1-A and 22 Pa. Code section 10.11 (relating to
11memorandum of understanding).

12(4) Coordinate monthly school security drills with the local
13police department.

14(5) Coordinate with school entity officials an annual safety
15review of school building entrances and exits, including the
16security of mobile classrooms in use on the school campus. All
17mobile classrooms shall be equipped with a door that locks from
18the inside, a door viewer and a duress alarm.

19(6) Annually review and suggest recommendations regarding
20the school entity's comprehensive disaster response and
21emergency management plan required pursuant to 35 Pa.C.S. §
227701(g) (relating to duties concerning disaster prevention).

23(7) Detain individuals on the school campus until arrival of
24the local police department.

25(8) Other duties as agreed upon by the school entity and the
26local police department in the memorandum of understanding
27between the school entity and the local police department
28required pursuant to section 1302.1-A and 22 Pa. Code section
2910.11.

30(d) The following shall apply to school security officers:

1(1) A school security officer shall be a retired Federal
2agent or a retired State, municipal or military police
3officer. An individual seeking employment as a school security
4officer shall certify and provide documentation to the school
5entity demonstrating that the individual is a retired Federal
6agent or a retired State, municipal or military police officer.

7(2) (i) Subject to subparagraph (ii), school security
8officers shall be independent contractors of the school entity,
9shall be compensated on an hourly basis and shall receive no
10other compensation or fringe benefits from the school entity or
11the Commonwealth.

12(ii) Notwithstanding subparagraph (i), a governing body may
13by majority vote determine that school security officers
14appointed pursuant to this section shall be employes of the
15school entity.

16(3) School security officers shall complete such annual
17training as may be required by the Municipal Police Officers'
18Education and Training Commission pursuant to 53 Pa.C.S. Ch. 21,
19Subch. D (relating to municipal police education and training).
20An individual seeking initial or continued employment as a
21school security officer shall certify and provide documentation
22to the school entity demonstrating that the individual has
23completed this training.

24(4) School security officers shall be subject to the
25requirements of section 111.

26(5) The school entity shall determine the uniform to be worn
27by school security officers.

28(6) (i) Subject to subparagraphs (ii) and (iii), to the
29extent funds are appropriated by the General Assembly for this
30purpose, costs related to school security officers who are

1independent contractors of the school entity, including hourly
2wages, training, uniforms and equipment, shall be paid equally
3by the school entity and the Commonwealth, upon the Department
4of Education's receipt of documentation of such costs from the
5school entity.

6(ii) To the extent that funds appropriated by the General
7Assembly are insufficient to pay the costs set forth in
8subparagraph (i), any funds that have been appropriated by the
9General Assembly for this purpose shall be distributed to school
10entities on a pro rata basis, based upon the number of school
11buildings in each school entity in which the school entity has
12placed a school security officer who is an independent
13contractor of the school entity.

14(iii) Notwithstanding subparagraphs (i) and (ii), a school
15district of the first class shall receive no more than twelve
16per centum (12%) of the funds appropriated by the General
17Assembly for this purpose.

18(7) School security officers, whether independent
19contractors or employes of the school entity, shall be
20indemnified by the school entity pursuant to 42 Pa.C.S. § 8548
21(relating to indemnity).

22(e) The commission shall have the following powers and
23duties with respect to the implementation of this section:

24(1) Maintain a database of retired Federal agents and
25retired State, municipal and military police officers who are
26available for work as school security officers and make the
27database available to school entities.

28(2) Consult with the State Board in the development of the
29regulations required pursuant to subsection (f).

30(3) Consult with the Department of Education in the

1development of the temporary guidelines required pursuant to
2subsection (g).

3(4) Seek Federal and private grant sources to implement this
4section.

5(f) Within eighteen (18) months of the effective date of
6this section, the State Board, in consultation with the
7commission, shall promulgate regulations pursuant to the act of
8June 25, 1982 (P.L. 633, No.181), known as the Regulatory Review
9Act, necessary to implement this section.

10(g) Within ninety (90) days of the effective date of this
11section, the Department of Education, in consultation with the
12commission, shall adopt temporary guidelines necessary to
13implement this section. Upon the promulgation of regulations
14required pursuant to subsection (f), the temporary guidelines
15shall no longer be in effect.

16(h) For purposes of this section:

17"Commission" shall mean the Pennsylvania Commission on Crime
18and Delinquency.

19"School campus" shall mean the grounds and buildings of a
20school that is, or is a part of, a school entity.

21"School day" shall mean the hours between the morning opening
22of a school building and the afternoon dismissal of students on
23any day on which classes are in session on the school campus.

24"School entity" shall mean any public school district,
25charter school, cyber charter school, intermediate unit or area
26vocational-technical school.

27"State Board" shall mean the State Board of Education.

28"Visitor" shall mean any individual who is not a student or
29employe of the school entity.

30Section 2. This act shall take effect in 60 days.