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PRINTER'S NO. 1003
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
867
Session of
2015
INTRODUCED BY HUTCHINSON, SCARNATI, VULAKOVICH AND WHITE,
JUNE 2, 2015
REFERRED TO EDUCATION, JUNE 2, 2015
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in safe schools, further providing
for Office for Safe Schools; and, in terms and courses of
study, further providing for fire and emergency evacuation
drills.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1302-A(d) of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949,
amended July 9, 2014 (P.L.1039, No.122), is amended to read:
Section 1302-A. Office for Safe Schools.--* * *
(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:
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(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
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
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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.
(C) Are compensated on an hourly basis and receive no other
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,
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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.
(4) A public school, charter school or area vocational-
technical school is not eligible for a targeted grant unless the
school includes in its application documentation that the school
periodically conducts a ctive shooter drills in accordance with
the plan under section 1517(e).
* * *
Section 2. Section 1517 of the act, amended January 14, 1970
(1969 P.L.468, No.192), is amended to read:
Section 1517. Fire and Emergency Evacuation Drills.--(a) In
all public schools where fire-escapes, appliances for the
extinguishment of fires, or proper and sufficient exits in case
of fire or panic, either or all, are required by law to be
maintained, fire drills shall be periodically conducted, not
less than one a month, by the teacher or teachers in charge,
under rules and regulations to be promulgated by the district
superintendent under whose supervision such schools are. In such
fire drills the pupils and teachers shall be instructed in, and
made thoroughly familiar with, the use of the fire-escapes,
appliances and exits. The drill shall include the actual use
thereof, and the complete removal of the pupils and teachers, in
an expeditious and orderly manner, by means of fire-escapes and
exits, from the building to a place of safety on the ground
outside.
(b) District superintendents are hereby required to see that
the provisions of this section are faithfully carried out in the
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schools over which they have charge.
(c) Any person who violates or fails to comply with the
provisions of this section shall be guilty of a misdemeanor, and
on conviction shall be sentenced to pay a fine of not less than
twenty-five dollars ($25) nor more than five hundred dollars
($500), or to undergo imprisonment in the county jail for not
less than (10) days or more than sixty (60) days, or both.
(d) (1) All schools using or contracting for school buses
for the transportation of school children shall conduct on
school grounds two emergency evacuation drills on buses during
each school year, the first to be conducted during the first
week of the first school term and the second during the month of
March, and at such other times as the chief school administrator
may require. Each such drill shall include the practice and
instruction concerning the location, use and operation of
emergency exit doors and fire extinguishers and the proper
evacuation of buses in the event of fires or accidents.
(2) Bus operators shall be provided with proper training and
instructions to enable them to carry out the provisions of this
subsection and may be required to attend classes and drills in
connection therewith.
(3) On or before the tenth day of April of each year, each
district superintendent shall certify to the Department of
[Public Instruction] Education that the emergency evacuation
drills herein required have been held.
(e) (1) In any public school, active shooter drills may be
periodically conducted. The drills may be in place of, or in
addition to, two of the required monthly fire drills. In the
active shooter drill, the pupils and teachers shall be
instructed in, and made thoroughly familiar with, the steps to
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be taken in the event of an active shooter.
(2) The Department of Education, through its Office for Safe
Schools, shall develop a plan that describes best practices and
establishes minimum standards for active shooter drills. The
plan must be approved by the Pennsylvania State Police prior to
the adoption of the plan by the Department of Education and use
of the plan by schools.
(3) District superintendents are required to ensure that
active shooter drills in the schools over which they have charge
are carried out in conformity with the plan.
(4) The Office for Safe Schools shall annually review the
plan and make revisions as necessary.
(5) School employes shall be provided with proper training
and instructions to enable them to carry out the provisions of
this subsection.
Section 3. This act shall take effect in 60 days.
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