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HOUSE AMENDED
PRIOR PRINTER'S NOS. 1678, 1764, 1828
PRINTER'S NO. 1911
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1142
Session of
2018
INTRODUCED BY BROWNE, HUGHES, MARTIN, COSTA, EICHELBERGER,
TOMLINSON, LANGERHOLC, VULAKOVICH, VOGEL, GORDNER, FONTANA,
ARGALL, SABATINA, BREWSTER, SCHWANK, RESCHENTHALER, BOSCOLA,
BLAKE, LEACH, YUDICHAK, FARNESE, HAYWOOD, TARTAGLIONE,
WILLIAMS, KILLION, RAFFERTY, MENSCH, REGAN, STEFANO,
BARTOLOTTA AND LAUGHLIN, APRIL 20, 2018
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 21, 2018
AN ACT
Establishing the Safe2Say Program; and providing methods of
anonymous reporting concerning unsafe activities in schools.
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 SCHOOL FINANCES, FURTHER PROVIDING
FOR INTERGOVERNMENTAL AGREEMENTS FOR SCHOOL SECURITY AND
SAFETY; IN GROUNDS AND BUILDINGS, FURTHER PROVIDING FOR
SCHOOL POLICE OFFICERS; IN SAFE SCHOOLS, FURTHER PROVIDING
FOR THE OFFICE FOR SAFE SCHOOLS; PROVIDING FOR SCHOOL SAFETY
AND SECURITY AND FOR SCHOOL POLICE OFFICERS AND SCHOOL
RESOURCE OFFICERS; ESTABLISHING THE SCHOOL SAFETY AND
SECURITY FUND; ESTABLISHING THE SAFE2SAY PROGRAM; AND
PROVIDING FOR METHODS OF ANONYMOUS REPORTING CONCERNING
UNSAFE ACTIVITIES IN SCHOOLS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Safe2Say Act.
Section 2. Intent.
The General Assembly finds and declares as follows:
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(1) Over the past several years, school shootings have
become more frequent. The recent school shootings have shown
the need for robust information sharing and communication
between schools and law enforcement. The communication is
necessary to prevent school violence.
(2) It is vital that the Commonwealth take available
measures to create safe and welcoming school communities.
Providing students, teachers and communities with an
anonymous reporting mechanism is a proven important tool in
creating safe and welcoming school communities.
(3) It is the intent of the General Assembly that the
Safe2Say Program be a one-stop shop for students, teachers
and community members to report behavior perceived to be
threatening to an individual or a school entity. Reports made
through the anonymous reporting system will be referred to
local schools, law enforcement and/or organizations.
(4) The intent of the General Assembly is for the
Safe2Say Program to supplement, not replace, 911 services.
The Safe2Say Program is intended to facilitate increased
communication between law enforcement, school districts and
organizations.
(5) It is not the intent of the General Assembly that
the Safe2Say Program be used as a disciplinary tool for
school employees. However, there may be instances where
information obtained through the program may be shared with
and used by school officials.
(6) The Safe2Say Program is not meant to be a tool for
law enforcement. However, there may be instances where
information obtained through the program may be shared with
and used by law enforcement.
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Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Attorney General." The Attorney General of the
Commonwealth.
"In camera review." An inspection of materials by the court,
in chambers, to determine what materials may be produced or
otherwise provided to another party.
"Law enforcement agency." A police department of a city,
borough, incorporated town or township, the Pennsylvania State
Police, district attorneys' offices and the office.
"Office." The Office of Attorney General of the
Commonwealth.
"Program." The Safe2Say Program established under section
4(a).
"Record of the program." A record created by the office on a
tip received from the program.
"School entity." A school district, charter school, cyber
charter school, private school, nonpublic school, intermediate
unit or area vocational-technical school operating within this
Commonwealth.
Section 4. Safe2Say Program.
(a) Establishment.--The Safe2Say Program is established
within the office.
(b) Administration.--The Attorney General shall:
(1) administer the program pursuant to the requirements
under subsection (c); and
(2) promulgate regulations and adopt all guidelines
necessary for the establishment of the program and
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administration of this act, in consultation with Statewide
organizations.
(c) Program requirements.--Beginning January 14, 2019, the
program shall be responsible for the following:
(1) To ensure anonymous reporting concerning unsafe,
potentially harmful, dangerous, violent or criminal
activities in a school entity or the threat of the activities
in a school entity.
(2) To establish protocols and procedures to promptly
notify the appropriate law enforcement agency via 911 centers
and the Pennsylvania State Police when the program receives
an anonymous report of violent or criminal activities in a
school entity that poses an immediate threat of violence or
criminal activity.
(3) To ensure that the identity of the individual making
a report remains unknown to any person, including law
enforcement officers and employees of the office.
(4) To ensure that information obtained from an
individual making a report who voluntarily discloses his or
her identity and verifies that he or she is willing to be
identified may be shared with law enforcement officers,
employees of the office and school officials.
(5) To ensure that if the identity of an individual
making a report becomes known through a means other than
voluntary disclosure, the identity is not further disclosed.
(6) To establish procedures to promptly forward
information received by the program to the appropriate law
enforcement agency, school official or organization, as
determined by the office. The office may not be held liable
for investigation of a report made to the program following
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confirmation of receipt of the report by the appropriate law
enforcement agency, school official or organization.
(7) To train or provide instruction to individuals,
including, but not limited to, emergency dispatch centers and
school entities, on appropriate awareness and response to the
program.
(8) To provide program awareness and education materials
to school entities.
(9) To, in consultation with the Department of
Education, establish guidelines school entities may utilize
to respond to a report received from the program.
(10) To work with school entities, local law enforcement
agencies and organizations to identify each person to whom a
report from the program will be sent.
(d) School entity.--Each school entity shall develop
procedures for assessing and responding to reports received from
the program.
Section 5. Confidentiality.
(a) Disclosure.--A record created or obtained through the
implementation or operation of the program shall be
confidential. A person may not disclose a record of the program
except:
(1) To provide notice to the appropriate law enforcement
agency, school entity and organization in accordance with the
procedures established under section 4.
(2) Upon order of the court as provided in section 7.
(b) Right-to-Know.--A record of the program:
(1) shall not be subject to the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law; and
(2) does not create a record under 18 Pa.C.S. Ch. 91
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(relating to criminal history record information).
(c) Penalty.--An individual who discloses a record in
violation of this section commits a misdemeanor of the third
degree.
Section 6. False reports.
(a) Penalty.--A person commits a misdemeanor of the third
degree if the person knowingly or intentionally makes a false
report to the program.
(b) Student records.--If a report filed with the program is
determined to be a false report, information about the subject
of the false report shall not be made part of the subject
student's record.
Section 7. Judicial proceeding.
(a) General rule.--A person implementing, operating or
working for the program may not be compelled to produce a record
except pursuant to a court order. The motion of the Commonwealth
or a criminal defendant to the court shall be supported by an
affidavit establishing that the material contains evidence.
(b) In camera review.--Upon the Commonwealth's or criminal
defendant's motion under subsection (a), the court shall conduct
an ex parte in camera review of the record requested to be
produced under the motion of the Commonwealth or a criminal
defendant.
(c) Decision by court.--After a review of the record under
subsection (b), if the court determines that the record should
be released, the court may order the record to be produced to
the Commonwealth and criminal defendant pursuant to a protective
order that includes:
(1) the redaction of the identity of the individual who
made the report; and
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(2) limitations, if any, on the use of the materials.
(d) Sealed record.--After a decision by the court under
subsection (c), a record not produced to the Commonwealth or a
criminal defendant shall be sealed and preserved in the judicial
record of the court and may be made available on appeal.
(e) Return of record.--After the expiration of any appeal
period, the court shall return each record to the program.
(f) Standing.--The Attorney General shall have standing in
any action to support or oppose the disclosure of a record in
the custody of the program.
Section 8. Annual report.
(a) General rule.--No later than August 1 of each year, the
office shall prepare and submit a report to the chairperson and
minority chairperson of the Appropriations Committee of the
Senate, the chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives, the
chairperson and minority chairperson of the Education Committee
of the Senate and the chairperson and minority chairperson of
the Education Committee of the House of Representatives.
(b) Contents of report.--The report shall, at a minimum,
include:
(1) The number of reports received for the previous
school year.
(2) The total number of reports received since the
program began.
(3) A breakdown of the reports by type.
(4) A breakdown of the method by which the report was
received.
(5) A breakdown of the report by school entity.
(6) The total cost to operate the program, including
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staffing costs, administrative costs and support costs.
(7) The total number of false reports received.
(8) Any other information the Attorney General deems
appropriate.
Section 9. Effective date.
This act shall take effect immediately.
SECTION 1. SECTIONS 617 AND 778 OF THE ACT OF MARCH 10, 1949
(P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, ARE
REPEALED:
[SECTION 617. INTERGOVERNMENTAL AGREEMENTS FOR SCHOOL
SECURITY AND SAFETY.--THE BOARD OF SCHOOL DIRECTORS OF A SCHOOL
DISTRICT MAY ENTER INTO AGREEMENTS WITH OTHER POLITICAL
SUBDIVISIONS TO PROVIDE FOR THE SAFETY AND SECURITY OF THE
SCHOOL. THE BOARD OF SCHOOL DIRECTORS MAY USE SCHOOL FUNDS TO
SHARE COSTS WITH MUNICIPALITIES AND COUNTIES FOR SUCH EXPENSES
AS BENEFITS AND SALARIES OF SCHOOL RESOURCE OFFICERS AND
PROBATION OFFICERS. SUCH OFFICERS ARE NOT REQUIRED TO BE
EMPLOYES OF THE SCHOOL DISTRICT AND MAY BE EMPLOYES OF OTHER
POLITICAL SUBDIVISIONS.
SECTION 778. SCHOOL POLICE OFFICERS.--(A) ANY SCHOOL ENTITY
OR NONPUBLIC SCHOOL MAY APPLY TO ANY JUDGE OF THE COURT OF
COMMON PLEAS OF THE COUNTY WITHIN WHICH THE SCHOOL ENTITY OR
NONPUBLIC SCHOOL IS SITUATED TO APPOINT SUCH PERSON OR PERSONS
AS THE BOARD OF DIRECTORS OF THE SCHOOL ENTITY OR ADMINISTRATION
OF THE NONPUBLIC SCHOOL MAY DESIGNATE TO ACT AS SCHOOL POLICE
OFFICER FOR SAID SCHOOL ENTITY OR NONPUBLIC SCHOOL. THE JUDGE,
UPON SUCH APPLICATION, MAY APPOINT SUCH PERSON, OR SO MANY OF
THEM AS HE MAY DEEM PROPER, TO BE SUCH SCHOOL POLICE OFFICER AND
SHALL NOTE THE FACT OF SUCH APPOINTMENT TO BE ENTERED UPON THE
RECORDS OF THE COURT. THE JUDGE MAY, AT THE REQUEST OF THE
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SCHOOL ENTITY OR NONPUBLIC SCHOOL, GRANT THE SCHOOL POLICE
OFFICER THE POWER TO ARREST AS PROVIDED IN SUBSECTION (C)(2),
THE AUTHORITY TO ISSUE CITATIONS FOR SUMMARY OFFENSES OR THE
AUTHORITY TO DETAIN STUDENTS UNTIL THE ARRIVAL OF LOCAL LAW
ENFORCEMENT, OR ANY COMBINATION THEREOF.
(A.1) ANY SCHOOL ENTITY OR NONPUBLIC SCHOOL WHICH EMPLOYS A
SCHOOL POLICE OFFICER UNDER THIS SECTION SHALL REPORT ANNUALLY
TO THE DEPARTMENT OF EDUCATION, OFFICE OF SAFE SCHOOLS, 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 IT EMPLOYS.
(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.
(B) EVERY SCHOOL POLICE OFFICER SO APPOINTED SHALL, BEFORE
ENTERING UPON THE DUTIES OF HIS OFFICE, TAKE AND SUBSCRIBE TO
THE OATH REQUIRED BY THE SEVENTH ARTICLE OF THE CONSTITUTION,
BEFORE AN ALDERMAN OR JUSTICE OF THE PEACE OR PROTHONOTARY. SUCH
OATH SHALL BE FILED BY THE JUSTICE OF THE PEACE, ALDERMAN, OR
PROTHONOTARY AMONG HIS PAPERS, AND A NOTE MADE UPON HIS DOCKET
OF THE FACT OF THE OATH HAVING BEEN TAKEN.
(B.1) EVERY SCHOOL POLICE OFFICER WHO HAS BEEN GRANTED
POWERS UNDER SUBSECTION (C)(2) OR (3) OR HAS BEEN AUTHORIZED TO
CARRY A FIREARM MUST, BEFORE ENTERING UPON THE DUTIES OF HIS
OFFICE, SUCCESSFULLY COMPLETE TRAINING AS SET FORTH IN 53
PA.C.S. CH. 21 SUBCH. D OR HAVE GRADUATED FROM THE PENNSYLVANIA
STATE POLICE ACADEMY AND HAVE BEEN EMPLOYED AS A STATE TROOPER
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WITH THE PENNSYLVANIA STATE POLICE.
(C) SUCH SCHOOL POLICE OFFICER SO APPOINTED SHALL SEVERALLY
POSSESS AND EXERCISE ALL THE FOLLOWING POWERS AND DUTIES:
(1) TO ENFORCE GOOD ORDER IN SCHOOL BUILDINGS, ON SCHOOL
BUSES AND ON SCHOOL GROUNDS IN THEIR RESPECTIVE SCHOOL ENTITIES
OR NONPUBLIC SCHOOLS. FOR PURPOSES OF THIS CLAUSE, THE TERM
"SCHOOL BUS" SHALL INCLUDE VEHICLES LEASED BY THE SCHOOL ENTITY
OR NONPUBLIC SCHOOL TO TRANSPORT STUDENTS AND VEHICLES OF MASS
TRANSIT USED BY STUDENTS TO GO TO AND FROM SCHOOL WHEN THE
SCHOOL POLICE OFFICER IS RESPONDING TO A REPORT OF AN INCIDENT
INVOLVING A BREACH OF GOOD ORDER OR VIOLATION OF LAW.
(2) IF AUTHORIZED BY THE COURT, TO EXERCISE THE SAME POWERS
AS ARE NOW OR MAY HEREAFTER BE EXERCISED UNDER AUTHORITY OF LAW
OR ORDINANCE BY THE POLICE OF THE MUNICIPALITY WHEREIN THE
SCHOOL PROPERTY IS LOCATED.
(3) IF AUTHORIZED BY THE COURT, TO ISSUE SUMMARY CITATIONS
OR TO DETAIN INDIVIDUALS UNTIL LOCAL LAW ENFORCEMENT IS
NOTIFIED.
(D) SUCH SCHOOL POLICE OFFICER SHALL, WHEN ON DUTY,
SEVERALLY WEAR A METALLIC SHIELD OR BADGE WITH THE WORDS "SCHOOL
POLICE," AND THE NAME OF THE SCHOOL ENTITY OR NONPUBLIC SCHOOL
FOR WHICH APPOINTED. SUCH SHIELD SHALL ALWAYS BE WORN IN PLAIN
VIEW WHEN ON DUTY EXCEPT WHEN EMPLOYED AS DETECTIVE.
(E) THE COMPENSATION OF SUCH SCHOOL POLICE OFFICERS SHALL BE
PAID BY THE SCHOOL ENTITY OR NONPUBLIC SCHOOL FOR WHICH THE
SCHOOL POLICE OFFICERS ARE RESPECTIVELY APPOINTED, AS MAY BE
AGREED UPON BETWEEN THE BOARD OF SCHOOL DIRECTORS OR
ADMINISTRATION OF THE NONPUBLIC SCHOOL AND THE SCHOOL POLICE
OFFICER.
(F) SCHOOL ENTITIES OR NONPUBLIC SCHOOLS AND MUNICIPALITIES
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MAY ENTER INTO COOPERATIVE POLICE SERVICE AGREEMENTS PURSUANT TO
42 PA.C.S. § 8953(E) (RELATING TO STATEWIDE MUNICIPAL POLICE
JURISDICTION) AND 53 PA.C.S. § 2303 (RELATING TO
INTERGOVERNMENTAL COOPERATION AUTHORIZED) TO AUTHORIZE THE
EXERCISE OF CONCURRENT JURISDICTION WITH LOCAL LAW ENFORCEMENT
WITHIN THE MUNICIPALITY WHERE THE SCHOOL OR SCHOOL ENTITY OR
NONPUBLIC SCHOOL IS LOCATED OR WITHIN THE MUNICIPALITY IN WHICH
A SCHOOL EVENT OR ACTIVITY WILL TAKE PLACE.
(F.1) (1) IF A SCHOOL IS LOCATED WITHIN A MUNICIPALITY
WHERE NO MUNICIPAL POLICE DEPARTMENT EXISTS, THE SCHOOL ENTITY
OR NONPUBLIC SCHOOL MAY ENTER INTO A COOPERATIVE POLICE SERVICE
AGREEMENT PURSUANT TO 42 PA.C.S. § 8953(E) AND 53 PA.C.S. § 2303
WITH A MUNICIPALITY PROVIDING FULL-TIME POLICE COVERAGE THAT IS
LOCATED ADJACENT TO THE SCHOOL. AT LEAST THIRTY (30) DAYS PRIOR
TO EXECUTING A COOPERATIVE POLICE SERVICE AGREEMENT UNDER THIS
SUBSECTION, THE SCHOOL ENTITY OR NONPUBLIC SCHOOL SHALL PROVIDE
WRITTEN NOTICE OF ITS INTENT TO ENTER INTO THE AGREEMENT TO THE
MUNICIPALITY WHERE THE SCHOOL IS LOCATED. A COPY OF THE EXECUTED
AGREEMENT SHALL BE PROVIDED TO THE COMMANDING OFFICER OF THE
PENNSYLVANIA STATE POLICE INSTALLATION THAT PROVIDES PRIMARY
POLICE SERVICES TO THE MUNICIPALITY WHERE THE SCHOOL IS LOCATED.
(2) A COOPERATIVE POLICE SERVICE AGREEMENT ENTERED INTO
UNDER THIS SUBSECTION SHALL ONLY PERTAIN TO ACTIONS TAKEN ON
SCHOOL PROPERTY PURSUANT TO THE AGREEMENT AND SHALL NOT AFFECT
THE JURISDICTION OF THE PENNSYLVANIA STATE POLICE.
(G) WHEN ACTING WITHIN THE SCOPE OF THIS SECTION, SCHOOL
POLICE OFFICERS SHALL, AT ALL TIMES, BE EMPLOYES OF THE SCHOOL
ENTITY OR NONPUBLIC SCHOOL AND SHALL BE ENTITLED TO ALL OF THE
RIGHTS AND BENEFITS ACCRUING THEREFROM.
(H) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PRECLUDE A
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SCHOOL ENTITY OR NONPUBLIC SCHOOL FROM EMPLOYING OTHER SECURITY
PERSONNEL AS THE SCHOOL ENTITY OR NONPUBLIC SCHOOL DEEMS
NECESSARY.
(I) AS USED IN THIS SECTION, "SCHOOL ENTITY" SHALL HAVE THE
SAME MEANING GIVEN TO IT UNDER SECTION 222(C).]
SECTION 2. SECTION 1302-A(E) OF THE ACT IS AMENDED AND THE
SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
SECTION 1302-A. OFFICE FOR SAFE SCHOOLS.--* * *
(E) 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) [FORTY] TWENTY-FIVE PERCENT OF THE SUM SHALL BE
ALLOCATED FOR GRANTS UNDER SUBSECTION (C).
(2) [SIXTY] 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
PRIORITIZED FOR NONPUBLIC SCHOOLS.
* * *
SECTION 3. THE ACT IS AMENDED BY ADDING ARTICLES TO READ:
ARTICLE XIII-B
SCHOOL SAFETY AND SECURITY
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:
"COMMISSION." THE PENNSYLVANIA COMMISSION ON CRIME AND
DELINQUENCY.
"COMMITTEE." THE SCHOOL SAFETY AND SECURITY COMMITTEE
ESTABLISHED UNDER SECTION 1302-B.
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"FUND." THE SCHOOL SAFETY AND SECURITY FUND ESTABLISHED
UNDER SECTION 1306-B(H).
"PROGRAM." THE SCHOOL SAFETY AND SECURITY GRANT PROGRAM
ESTABLISHED UNDER SECTION 1306-B(A).
"SCHOOL ENTITY." A SCHOOL DISTRICT, INTERMEDIATE UNIT, AREA
VOCATIONAL-TECHNICAL SCHOOL, CHARTER SCHOOL OR PRIVATE
RESIDENTIAL REHABILITATIVE INSTITUTION.
"SCHOOL SAFETY AND SECURITY ASSESSMENT." A STRATEGIC
EVALUATION OF A SCHOOL ENTITY'S FACILITIES AND PROGRAMS USED TO
IDENTIFY POTENTIAL SAFETY AND SECURITY THREATS.
SECTION 1302-B. SCHOOL SAFETY AND SECURITY COMMITTEE.
(A) ESTABLISHMENT.--THE SCHOOL SAFETY AND SECURITY COMMITTEE
IS ESTABLISHED WITHIN THE COMMISSION.
(B) COMPOSITION.--THE COMMITTEE SHALL CONSIST OF A
CHAIRPERSON AND THE FOLLOWING MEMBERS:
(1) THE SECRETARY OF EDUCATION OR A DESIGNEE.
(2) THE ATTORNEY GENERAL OR A DESIGNEE.
(3) THE COMMISSIONER OF PENNSYLVANIA STATE POLICE OR A
DESIGNEE.
(4) THE DIRECTOR OF THE PENNSYLVANIA EMERGENCY
MANAGEMENT AGENCY OR A DESIGNEE.
(5) AN INDIVIDUAL APPOINTED BY THE PRESIDENT PRO TEMPORE
OF THE SENATE.
(6) AN INDIVIDUAL APPOINTED BY THE MINORITY LEADER OF
THE SENATE.
(7) AN INDIVIDUAL APPOINTED BY THE SPEAKER OF THE HOUSE
OF REPRESENTATIVES.
(8) AN INDIVIDUAL APPOINTED BY THE MINORITY LEADER OF
THE HOUSE OF REPRESENTATIVES.
(9) THE CHAIRPERSON OF THE COMMISSION OR A DESIGNEE.
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(10) THE SECRETARY OF HUMAN SERVICES OR A DESIGNEE.
(11) A RECOGNIZED SUBJECT MATTER EXPERT IN STRATEGIC
SECURITY APPOINTED BY THE GOVERNOR FROM THREE NAMES SUBMITTED
JOINTLY BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES.
(12) THE FOLLOWING MEMBERS APPOINTED BY THE GOVERNOR:
(I) AN INDIVIDUAL RECOMMENDED BY THE PENNSYLVANIA
ASSOCIATION OF SCHOOL BUSINESS OFFICIALS WITH EXPERIENCE
IN SCHOOL SAFETY AND SECURITY MATTERS.
(II) AN INDIVIDUAL RECOMMENDED BY THE PENNSYLVANIA
ASSOCIATION OF SCHOOL ADMINISTRATORS WITH EXPERIENCE IN
SCHOOL SAFETY AND SECURITY MATTERS.
(III) AN INDIVIDUAL MEMBER OF LOCAL LAW ENFORCEMENT
RECOMMENDED BY THE STATE FRATERNAL ORDER OF POLICE.
(IV) A CHILD PSYCHOLOGIST WHO SPECIALIZES IN MENTAL,
SOCIAL AND EMOTIONAL DEVELOPMENT OF CHILDREN RECOMMENDED
BY THE PENNSYLVANIA PSYCHOLOGICAL ASSOCIATION.
(V) A LICENSED CLINICAL SOCIAL WORKER RECOMMENDED BY
THE PENNSYLVANIA SOCIETY FOR CLINICAL SOCIAL WORK.
(VI) AN ARCHITECT RECOMMENDED BY THE AMERICAN
INSTITUTE OF ARCHITECTS OF PENNSYLVANIA WITH EXPERIENCE
IN SCHOOL BUILDING SAFETY AND SECURITY MATTERS.
(C) CHAIRPERSON.--THE CHAIRPERSON OF THE COMMITTEE SHALL BE
SELECTED BY THE GOVERNOR FROM AMONG THE MEMBERS OF THE
COMMITTEE.
(D) VICE CHAIRPERSON.--A VICE CHAIRPERSON SHALL BE
DESIGNATED BY THE CHAIRPERSON OF THE COMMITTEE FROM AMONG THE
MEMBERS OF THE COMMITTEE TO PRESIDE AT MEETINGS IN THE ABSENCE
OF THE CHAIRPERSON.
(E) TERM.--MEMBERS OF THE COMMITTEE SHALL SERVE A FOUR-YEAR
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TERM.
(F) QUORUM.--A MAJORITY OF THE MEMBERS OF THE COMMITTEE
SHALL CONSTITUTE A QUORUM AND A QUORUM SHALL BE REQUIRED FOR ALL
ACTIONS.
(G) ACTIONS.--A VOTE OF THE MAJORITY OF THE MEMBERS OF THE
COMMITTEE PRESENT SHALL BE SUFFICIENT FOR ALL ACTIONS TAKEN BY
THE COMMITTEE.
(H) INITIAL MEETING.--THE COMMITTEE SHALL HOLD ITS FIRST
MEETING NO LATER THAN 30 DAYS FROM THE EFFECTIVE DATE OF THIS
SUBSECTION.
(I) COOPERATION.--THE COMMISSION SHALL COOPERATE WITH THE
COMMITTEE TO SELECT STAFF TO BE EMPLOYED BY THE COMMISSION AND
ASSIGNED TO ASSIST THE COMMITTEE IN CARRYING OUT ITS DUTIES.
SECTION 1303-B. SCHOOL SAFETY AND SECURITY ASSESSMENT CRITERIA.
(A) DUTY TO ESTABLISH.--NO LATER THAN SEPTEMBER 30, 2018,
THE COMMITTEE SHALL ESTABLISH CRITERIA TO BE USED WHEN
CONDUCTING SCHOOL SAFETY AND SECURITY ASSESSMENTS THAT INCLUDE
THE FOLLOWING:
(1) A PHYSICAL ASSESSMENT. THE PHYSICAL ASSESSMENT SHALL
BE CONDUCTED DURING CALENDAR MONTHS WHEN SCHOOL IS IN SESSION
AND SHALL CONSIST OF AN EVALUATION OF THE SCHOOL ENTITY'S
STRUCTURAL FACILITIES AND SURROUNDING PROPERTY THAT INCLUDES:
(I) A REVIEW OF THE SCHOOL ENTITY'S EXISTING SCHOOL
SAFETY AND SECURITY PLAN.
(II) A REVIEW OF THE SCHOOL ENTITY'S EXISTING PLANS
FOR CRISIS RESPONSE AND MITIGATION.
(III) AN ANALYSIS OF THE SCHOOL ENTITY'S CRIME
PREVENTION POLICY OR PRACTICES, INCLUDING ENVIRONMENTAL
DESIGN.
(IV) DISCUSSIONS WITH THE LOCAL LAW ENFORCEMENT
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AGENCIES THAT ARE PRIMARILY RESPONSIBLE FOR PROTECTING
AND SECURING THE SCHOOL.
(V) AN ANALYSIS OF THE SCHOOL ENTITY'S COOPERATIVE
AGREEMENTS WITH THE LOCAL LAW ENFORCEMENT AGENCIES THAT
ARE PRIMARILY RESPONSIBLE FOR PROTECTING AND SECURING THE
SCHOOL.
(VI) DISCUSSIONS WITH THE SCHOOL ENTITY'S EMPLOYEES.
(2) A POLICY AND TRAINING ASSESSMENT. THE POLICY AND
TRAINING ASSESSMENT SHALL CONSIST OF AN EVALUATION OF THE
SCHOOL ENTITY'S POLICIES AND PRACTICES, INCLUDING:
(I) AN ANALYSIS OF THE SCHOOL ENTITY'S POLICIES
RELATED TO STUDENT SAFETY, SECURITY AND MANAGEMENT
ISSUES.
(II) DISCUSSIONS WITH THE SCHOOL ENTITY'S EMPLOYEES.
(III) A REVIEW OF THE SCHOOL ENTITY'S STUDENT CODE
OF CONDUCT.
(IV) A REVIEW OF THE SCHOOL ENTITY'S SAFETY AND
SECURITY TRAINING PRACTICES.
(V) RECOMMENDATIONS FOR EFFECTIVE SCHOOL SAFETY AND
SECURITY TRAINING AND PRACTICES FOR ALL SCHOOL ENTITY
EMPLOYEES.
(VI) AN ANALYSIS OF THE SCHOOL ENTITY'S
COMMUNICATIONS PRACTICES AND AVAILABLE TECHNOLOGY AND
TOOLS.
(3) A STUDENT ASSISTANCE AND BEHAVIORAL HEALTH SUPPORT
ASSESSMENT. THE STUDENT ASSISTANCE AND BEHAVIORAL HEALTH
SUPPORT ASSESSMENT SHALL CONSIST OF AN ANALYSIS OF THE SCHOOL
ENTITY'S CLIMATE, INCLUDING:
(I) THE AVAILABILITY OF STUDENT ASSISTANCE PROGRAMS
AND BEHAVIORAL HEALTH PROFESSIONALS TO PROVIDE ASSISTANCE
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TO THE SCHOOL ENTITY.
(II) A REVIEW OF RECOMMENDATIONS BY BEHAVIORAL AND
PHYSICAL HEALTH PROFESSIONALS AND CONSIDERATION OF THEIR
RECOMMENDATIONS.
(B) PERIODIC REVIEW OF CRITERIA.--THE COMMITTEE SHALL REVIEW
THE CRITERIA ESTABLISHED IN SUBSECTION (A) AT A MINIMUM EVERY
THREE YEARS AND MAY MAKE REVISIONS AS NEEDED.
SECTION 1304-B. SCHOOL SAFETY AND SECURITY ASSESSMENT
PROVIDERS.
(A) DUTY TO PROVIDE REGISTRATION.--NO LATER THAN OCTOBER 31,
2018, THE COMMITTEE SHALL ESTABLISH CRITERIA FOR REGISTRATION OF
A PERSON WITH KNOWLEDGE AND EXPERIENCE IN MATTERS OF SCHOOL
SAFETY AND SECURITY THAT QUALIFIES THE PERSON TO CONDUCT SCHOOL
SAFETY AND SECURITY ASSESSMENTS BASED UPON THE CRITERIA
ESTABLISHED BY THE COMMITTEE BEGINNING OCTOBER 31, 2018.
(B) PERIODIC REVIEW OF CRITERIA.--THE COMMITTEE SHALL REVIEW
THE CRITERIA ESTABLISHED IN SUBSECTION (A) AT A MINIMUM EVERY
THREE YEARS AND MAY MAKE REVISIONS AS NEEDED.
(C) REGISTRATION.--THE PERSON SHALL APPLY FOR REGISTRATION
AS A PROVIDER TO THE COMMITTEE IN A MANNER PRESCRIBED BY THE
COMMITTEE.
SECTION 1305-B. SURVEY OF SCHOOL SAFETY AND SECURITY.
(A) DEVELOPMENT.--NO LATER THAN OCTOBER 31, 2018, THE
COMMITTEE SHALL DEVELOP A SURVEY INSTRUMENT TO DISTRIBUTE TO
SCHOOL ENTITIES TO MEASURE SCHOOL SAFETY AND SECURITY
PREPAREDNESS THROUGHOUT THIS COMMONWEALTH.
(B) COMPLETION.--NO LATER THAN NOVEMBER 30, 2018, EACH
SCHOOL ENTITY SHALL COMPLETE THE SURVEY INSTRUMENT UNDER
SUBSECTION (A) AND INDICATE WHETHER IT POSSESSES A PRE-EXISTING
SCHOOL SAFETY AND SECURITY ASSESSMENT THAT WAS COMPLETED WITHIN
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THE LAST THREE YEARS. IF THE SCHOOL ENTITY POSSESSES A PRE-
EXISTING SCHOOL SAFETY AND SECURITY ASSESSMENT THAT WAS
COMPLETED WITHIN THE LAST THREE YEARS, IT SHALL SUBMIT A COPY OF
ITS PRE-EXISTING SCHOOL SAFETY AND SECURITY ASSESSMENT TO THE
COMMITTEE ALONG WITH THE SURVEY INSTRUMENT, UNLESS A DELAY IS
APPROVED BY THE COMMITTEE ON A CASE-BY-CASE BASIS.
(C) REVIEW.--
(1) NO LATER THAN JANUARY 31, 2019, THE COMMITTEE SHALL
COMPLETE A REVIEW OF EACH SURVEY RECEIVED FROM A SCHOOL
ENTITY TO:
(I) EVALUATE THE SCHOOL ENTITY'S SAFETY
PREPAREDNESS.
(II) IF A PRE-EXISTING SCHOOL SAFETY AND SECURITY
ASSESSMENT WAS SUBMITTED, DETERMINE WHETHER THE SCHOOL
SAFETY AND SECURITY ASSESSMENT MEETS THE CRITERIA
ESTABLISHED BY THE COMMITTEE.
(2) UPON COMPLETION OF THE REVIEW UNDER PARAGRAPH (1),
THE COMMITTEE SHALL NOTIFY A SCHOOL ENTITY OF ITS FINDINGS.
(D) ENGAGEMENT.--THE COMMITTEE MAY ENGAGE REGISTERED
ASSESSMENT PROVIDERS TO COMPLETE THE REVIEW REQUIRED UNDER
SUBSECTION (C).
(E) CONFIDENTIALITY OF DATA.--ANY DATA COLLECTED THROUGH THE
SURVEY INSTRUMENT BY THE COMMITTEE AND THE FINDINGS OF THE
COMMITTEE SHALL REMAIN CONFIDENTIAL AND SHALL NOT BE SUBJECT TO
THE ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS THE RIGHT-
TO-KNOW LAW.
SECTION 1306-B. SCHOOL SAFETY AND SECURITY GRANT PROGRAM.
(A) ESTABLISHMENT.--THE SCHOOL SAFETY AND SECURITY GRANT
PROGRAM IS ESTABLISHED TO MAKE SCHOOL ENTITIES WITHIN THIS
COMMONWEALTH SAFER PLACES.
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(B) FUNCTIONS GENERALLY.--THE COMMITTEE SHALL PERFORM ALL
FUNCTIONS RELATED TO THE DIRECT APPROVAL, DISBURSEMENT AND
ADMINISTRATION OF GRANTS UNDER THE PROGRAM.
(C) DIVERSITY.--THE COMMITTEE SHALL ENSURE THAT GRANT
FUNDING UNDER THE PROGRAM IS GEOGRAPHICALLY DISPERSED THROUGHOUT
THIS COMMONWEALTH.
(D) SUPPLEMENT AND NOT SUPPLANT.--GRANT MONEY ALLOCATED
THROUGH THE PROGRAM SHALL BE USED TO SUPPLEMENT AND NOT SUPPLANT
EXISTING SCHOOL ENTITY SPENDING ON SCHOOL SAFETY AND SECURITY.
(E) EFFECT OF REVENUE RECEIVED.--GRANT MONEY RECEIVED BY A
SCHOOL ENTITY UNDER THIS SECTION MAY NOT BE INCLUDED WHEN
CALCULATING THE AMOUNT TO BE PAID TO A CHARTER SCHOOL UNDER
SECTION 1725-A.
(F) MINIMUM ALLOCATION.--EACH SCHOOL DISTRICT THAT MAKES A
MERITORIOUS APPLICATION AS PRESCRIBED BY THE COMMITTEE UNDER
SUBSECTION (J) SHALL RECEIVE A MINIMUM GRANT ALLOCATION OF
$25,000 ANNUALLY.
(G) LIMITATION.--EACH SCHOOL ENTITY MAY SUBMIT ONE
APPLICATION ANNUALLY AND NO SCHOOL ENTITY MAY RECEIVE AN ANNUAL
GRANT ALLOCATION THAT EXCEEDS 10% OF THE FUNDS AVAILABLE UNDER
THE GRANT PROGRAM.
(H) SCHOOL SAFETY AND SECURITY FUND.--
(1) THE SCHOOL SAFETY AND SECURITY FUND IS ESTABLISHED
AS A SPECIAL NONLAPSING FUND IN THE STATE TREASURY.
(2) ALL MONEY DEPOSITED IN THE FUND AND THE INTEREST IT
ACCRUES ARE APPROPRIATED TO THE COMMISSION ON A CONTINUING
BASIS TO AWARD GRANTS UNDER THIS ARTICLE.
(3) NO ADMINISTRATIVE ACTION SHALL PREVENT THE DEPOSIT
OF MONEY INTO THE FUND IN THE FISCAL YEAR IN WHICH THE MONEY
IS RECEIVED.
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(4) THE FUND MAY ONLY BE USED FOR THE GRANT PROGRAM
AUTHORIZED UNDER THIS ARTICLE AND NO MONEY IN THE FUND MAY BE
TRANSFERRED OR DIVERTED TO ANY OTHER PURPOSE BY
ADMINISTRATIVE ACTION.
(5) MONEY AVAILABLE TO THE FUND SHALL INCLUDE
APPROPRIATIONS AND TRANSFERS FROM THE GENERAL FUND, SPECIAL
FUNDS, FEDERAL FUNDS AND OTHER SOURCES OF REVENUE MADE
AVAILABLE TO IT.
(6) MONEY OF THE FUND SHALL BE ALLOCATED FOR THE PURPOSE
OF MAKING GRANTS UNDER THIS SECTION NO LATER THAN OCTOBER 31,
2019, AND EACH OCTOBER 31 THEREAFTER.
(7) NOT MORE THAN 12.5% OF THE FUND MAY BE ALLOCATED
ANNUALLY FOR GRANTS UNDER SUBSECTION (J)(22).
(I) COMMUNITY VIOLENCE PREVENTION PROGRAMS.--
(1) FOR THE PURPOSE OF SUBSECTION (J)(22),
MUNICIPALITIES, INSTITUTIONS OF HIGHER EDUCATION, COMMUNITY-
BASED ORGANIZATIONS AND OTHER ENTITIES APPROVED BY THE
COMMITTEE SHALL BE DEEMED SCHOOL ENTITIES.
(2) (RESERVED).
(J) SPECIFIC PURPOSES.--THE COMMITTEE SHALL PROVIDE GRANTS
TO SCHOOL ENTITIES FOR PROGRAMS THAT ADDRESS SAFETY AND
SECURITY, INCLUDING:
(1) SAFETY AND SECURITY ASSESSMENTS THAT MEET THE
COMMITTEE'S CRITERIA.
(2) CONFLICT RESOLUTION OR DISPUTE MANAGEMENT, INCLUDING
RESTORATIVE JUSTICE STRATEGIES.
(3) SCHOOL-WIDE POSITIVE BEHAVIOR SUPPORT THAT INCLUDES
PRIMARY OR UNIVERSAL, SECONDARY AND TERTIARY SUPPORTS AND
INTERVENTIONS IN SCHOOL ENTITIES.
(4) SCHOOL-BASED DIVERSION PROGRAMS.
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(5) PEER HELPER PROGRAMS.
(6) RISK ASSESSMENT, SAFETY-RELATED, VIOLENCE PREVENTION
CURRICULA, INCLUDING DATING VIOLENCE CURRICULA AND
RESTORATIVE JUSTICE STRATEGIES.
(7) CLASSROOM MANAGEMENT.
(8) STUDENT CODES OF CONDUCT.
(9) TRAINING TO UNDERTAKE A DISTRICTWIDE ASSESSMENT OF
RISK FACTORS THAT INCREASE THE LIKELIHOOD OF PROBLEM
BEHAVIORS AMONG STUDENTS.
(10) 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.
(11) THOROUGH, 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.
(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.
(13) INSTITUTION OF STUDENT, STAFF AND VISITOR
IDENTIFICATION SYSTEMS, INCLUDING CRIMINAL BACKGROUND CHECK
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SOFTWARE.
(14) PROVISION OF SPECIALIZED STAFF AND STUDENT TRAINING
PROGRAMS, INCLUDING TRAINING FOR STUDENT ASSISTANCE PROGRAM
TEAM MEMBERS IN THE REFERRAL OF STUDENTS AT RISK OF VIOLENT
BEHAVIOR TO APPROPRIATE COMMUNITY-BASED SERVICES AND
BEHAVIORAL HEALTH SERVICES AND TRAINING RELATED TO PREVENTION
AND EARLY INTERVENTION.
(15) COUNSELING SERVICES FOR STUDENTS.
(16) A SYSTEM FOR THE MANAGEMENT OF STUDENT DISCIPLINE,
INCLUDING MISCONDUCT AND CRIMINAL OFFENSES.
(17) STAFF TRAINING PROGRAMS IN THE USE OF POSITIVE
BEHAVIOR SUPPORTS, DE-ESCALATION TECHNIQUES AND APPROPRIATE
RESPONSES TO STUDENT BEHAVIOR THAT MAY REQUIRE IMMEDIATE
INTERVENTION.
(18) COSTS ASSOCIATED WITH THE TRAINING AND COMPENSATION
OF SCHOOL RESOURCE OFFICERS AND SCHOOL POLICE OFFICERS.
(19) COSTS ASSOCIATED WITH THE TRAINING AND COMPENSATION
OF CERTIFIED GUIDANCE COUNSELORS, LICENSED PROFESSIONAL
COUNSELORS, LICENSED SOCIAL WORKERS, LICENSED CLINICAL SOCIAL
WORKERS AND SCHOOL PSYCHOLOGISTS.
(20) ADMINISTRATION OF 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.
(21) TRAUMA-INFORMED APPROACHES TO EDUCATION, INCLUDING:
(I) INCREASING STUDENT AND SCHOOL EMPLOYEE ACCESS TO
QUALITY TRAUMA SUPPORT SERVICES AND BEHAVIORAL HEALTH
CARE, INCLUDING THE FOLLOWING:
(A) HIRING OR CONTRACTING WITH CERTIFIED
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GUIDANCE COUNSELORS, LICENSED PROFESSIONAL
COUNSELORS, LICENSED SOCIAL WORKERS, LICENSED
CLINICAL SOCIAL WORKERS, SCHOOL PSYCHOLOGISTS AND
OTHER PROFESSIONAL HEALTH PERSONNEL TO PROVIDE
SERVICES TO STUDENTS AND SCHOOL EMPLOYEES.
(B) DEVELOPING COLLABORATIVE EFFORTS BETWEEN THE
SCHOOL ENTITY AND BEHAVIORAL HEALTH PROFESSIONALS TO
IDENTIFY STUDENTS IN NEED OF TRAUMA SUPPORT AND TO
PROVIDE PREVENTION, SCREENING, REFERRAL AND TREATMENT
SERVICES TO STUDENTS POTENTIALLY IN NEED OF SERVICES.
(II) PROGRAMS PROVIDING:
(A) TRAUMA-INFORMED APPROACHES TO EDUCATION IN
THE CURRICULUM, INCLUDING TRAINING OF SCHOOL
EMPLOYEES, SCHOOL DIRECTORS AND BEHAVIORAL HEALTH
PROFESSIONALS TO DEVELOP SAFE, STABLE AND NURTURING
LEARNING ENVIRONMENTS THAT PREVENT AND MITIGATE THE
EFFECTS OF TRAUMA.
(B) SERVICES FOR CHILDREN AND THEIR FAMILIES, AS
APPROPRIATE, WHO HAVE EXPERIENCED OR ARE AT RISK OF
EXPERIENCING TRAUMA, INCLUDING THOSE WHO ARE LOW-
INCOME, HOMELESS, INVOLVED IN THE CHILD WELFARE
SYSTEM OR INVOLVED IN THE JUVENILE JUSTICE SYSTEM.
(22) PROGRAMS DESIGNED TO REDUCE COMMUNITY VIOLENCE,
INCLUDING:
(I) INCREASE ACCESS TO QUALITY TRAUMA-INFORMED
SUPPORT SERVICES AND BEHAVIORAL HEALTH CARE BY LINKING
THE COMMUNITY WITH LOCAL TRAUMA SUPPORT AND BEHAVIORAL
HEALTH SYSTEMS.
(II) PROVIDE HEALTH SERVICES AND INTERVENTION
STRATEGIES BY COORDINATING THE SERVICES PROVIDED BY
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ELIGIBLE APPLICANTS AND COORDINATED CARE ORGANIZATIONS,
PUBLIC HEALTH ENTITIES, NONPROFIT YOUTH SERVICE PROVIDERS
AND COMMUNITY-BASED ORGANIZATIONS.
(III) PROVIDE MENTORING AND OTHER INTERVENTION
MODELS TO CHILDREN AND THEIR FAMILIES WHO HAVE
EXPERIENCED TRAUMA OR ARE AT RISK OF EXPERIENCING TRAUMA,
INCLUDING THOSE WHO ARE LOW-INCOME, HOMELESS, IN FOSTER
CARE, INVOLVED IN THE CRIMINAL JUSTICE SYSTEM,
UNEMPLOYED, EXPERIENCING A MENTAL ILLNESS OR SUBSTANCE
ABUSE DISORDER OR NOT ENROLLED IN OR AT RISK OF DROPPING
OUT OF AN EDUCATIONAL INSTITUTION.
(IV) FOSTER AND PROMOTE COMMUNICATION BETWEEN THE
SCHOOL ENTITY, COMMUNITY AND LAW ENFORCEMENT.
(V) ANY OTHER PROGRAM OR MODEL DESIGNED TO REDUCE
COMMUNITY VIOLENCE AND APPROVED BY THE COMMITTEE.
(K) COORDINATION OF GRANT DISTRIBUTION.--THE DEPARTMENT
SHALL COORDINATE THE DISTRIBUTION OF GRANTS UNDER ARTICLE XIII-A
WITH THE COMMITTEE TO ENSURE THE MOST EFFECTIVE USE OF
RESOURCES.
(L) AUDITS.--THE COMMISSION MAY RANDOMLY AUDIT GRANT
RECIPIENTS TO ENSURE THE APPROPRIATE USE OF GRANT FUNDS AND
COMPLIANCE WITH THE PROVISIONS OF SUBSECTION (D).
SECTION 1307-B. RISK AND VULNERABILITY ASSESSMENT TEAMS.
(A) ESTABLISHMENT.--FROM EXISTING APPROPRIATIONS, NO LATER
THAN MARCH 31, 2019, THE PENNSYLVANIA STATE POLICE SHALL
ESTABLISH THREE RISK AND VULNERABILITY ASSESSMENT TEAMS TO
OPERATE WITHIN THREE REGIONS GEOGRAPHICALLY DESIGNATED BY THE
PENNSYLVANIA STATE POLICE IN CONSULTATION WITH THE COMMITTEE.
EACH RISK AND VULNERABILITY ASSESSMENT TEAM SHALL BE COMPRISED
OF NO FEWER THAN THREE TROOPERS.
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(B) TRAINING.--THE TROOPERS ASSIGNED TO A RISK AND
VULNERABILITY ASSESSMENT TEAM SHALL AT A MINIMUM BE TRAINED IN
THE CRITERIA ESTABLISHED BY THE COMMITTEE UNDER SECTION 1303-B.
(C) SCHOOL SAFETY AND SECURITY ASSESSMENTS.--
(1) EACH RISK AND VULNERABILITY ASSESSMENT TEAM SHALL
CONDUCT SCHOOL SAFETY AND SECURITY ASSESSMENTS BASED UPON THE
COMMITTEE'S CRITERIA WHEN SCHOOL IS IN SESSION AT SCHOOL
ENTITIES WITHIN THE TEAM'S REGION ON A SYSTEMATIC BASIS FREE
OF CHARGE.
(2) WHEN CONDUCTING SCHOOL SAFETY AND SECURITY
ASSESSMENTS REQUIRED UNDER SECTION 1305-B, A RISK AND
VULNERABILITY ASSESSMENT TEAM SHALL GIVE PRIORITY TO SCHOOL
ENTITIES BASED UPON THE RANKING OF THE SCHOOL ENTITIES'
MARKET VALUE/INCOME AID RATIO FROM HIGH TO LOW.
(3) SCHOOL SAFETY AND SECURITY ASSESSMENTS CONDUCTED BY
RISK AND VULNERABILITY ASSESSMENT TEAM SHALL BE CONSIDERED TO
MEET THE COMMITTEE'S CRITERIA.
(D) REPORTS.--EACH RISK AND VULNERABILITY ASSESSMENT TEAM
SHALL ANNUALLY REPORT TO THE COMMITTEE THE FOLLOWING:
(1) THE SCHOOL ENTITIES WHERE THE RISK AND VULNERABILITY
ASSESSMENT TEAM HAS CONDUCTED A SCHOOL SAFETY AND SECURITY
ASSESSMENT.
(2) CRITICAL SCHOOL ENTITY SAFETY AND SECURITY NEEDS
IDENTIFIED THROUGH SAFETY AND SECURITY ASSESSMENTS.
SECTION 1308-B. (RESERVED).
SECTION 1309-B. SCHOOL SAFETY AND SECURITY COORDINATOR.
(A) APPOINTMENT.--THE CHIEF SCHOOL ADMINISTRATOR OF A SCHOOL
ENTITY SHALL APPOINT A SCHOOL ADMINISTRATOR AS THE SCHOOL SAFETY
AND SECURITY COORDINATOR FOR THE SCHOOL ENTITY. THE APPOINTMENT
SHALL BE MADE NOT LATER THAN AUGUST 31, 2018.
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(B) GENERAL DUTIES.--THE SCHOOL SAFETY AND SECURITY
COORDINATOR SHALL OVERSEE ALL SCHOOL POLICE OFFICERS, SCHOOL
RESOURCE OFFICERS, SCHOOL SECURITY GUARDS AND POLICIES AND
PROCEDURES IN THE SCHOOL ENTITY AND REPORT DIRECTLY TO THE CHIEF
SCHOOL ADMINISTRATOR. AS USED IN THIS SUBSECTION, THE TERMS
"SCHOOL POLICE OFFICER," "SCHOOL RESOURCE OFFICER" AND "SCHOOL
SECURITY GUARD" SHALL HAVE THE MEANINGS GIVEN TO THEM IN SECTION
1301-C.
(C) SPECIFIC DUTIES.--THE SCHOOL SAFETY AND SECURITY
COORDINATOR SHALL:
(1) REVIEW THE SCHOOL ENTITY'S POLICIES AND PROCEDURES
RELATIVE TO SCHOOL SAFETY AND SECURITY AND COMPLIANCE WITH
FEDERAL AND STATE LAWS REGARDING SCHOOL SAFETY AND SECURITY.
(2) COORDINATE TRAINING AND RESOURCES FOR STUDENTS AND
SCHOOL ENTITY STAFF IN MATTERS RELATING TO SITUATIONAL
AWARENESS, TRAUMA-INFORMED EDUCATION AWARENESS, BEHAVIORAL
HEALTH AWARENESS, SUICIDE AND BULLYING AWARENESS, SUBSTANCE
ABUSE AWARENESS AND EMERGENCY PROCEDURES AND TRAINING DRILLS,
INCLUDING FIRE, NATURAL DISASTER, ACTIVE SHOOTER, HOSTAGE
SITUATION AND BOMB THREAT.
(3) COORDINATE SCHOOL SAFETY AND SECURITY ASSESSMENTS AS
NECESSARY.
(4) SERVE AS THE SCHOOL ENTITY LIAISON WITH THE
COMMITTEE, THE DEPARTMENT, LAW ENFORCEMENT AND OTHER
ORGANIZATIONS ON MATTERS OF SCHOOL SAFETY AND SECURITY.
(5) MAKE A REPORT NO LATER THAN JUNE 30, 2019, AND EACH
JUNE 30 THEREAFTER, TO THE SCHOOL ENTITY'S BOARD OF DIRECTORS
ON THE SCHOOL ENTITY'S CURRENT SAFETY AND SECURITY PRACTICES
THAT IDENTIFY STRATEGIES TO IMPROVE SCHOOL SAFETY AND
SECURITY. THE REPORT SHALL BE PRESENTED TO THE SCHOOL
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ENTITY'S BOARD OF DIRECTORS AT AN EXECUTIVE SESSION OF THE
SCHOOL ENTITY'S BOARD OF DIRECTORS. THE REPORT SHALL BE
SUBMITTED TO THE COMMITTEE AND SHALL NOT BE SUBJECT TO THE
ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS THE RIGHT-
TO-KNOW LAW.
(6) COORDINATE A TOUR OF THE SCHOOL ENTITY'S BUILDINGS
AND GROUNDS BIENNIALLY OR WHEN A BUILDING IS FIRST OCCUPIED
OR RECONFIGURED WITH THE LAW ENFORCEMENT AGENCIES AND FIRST
RESPONDERS THAT ARE PRIMARILY RESPONSIBLE FOR PROTECTING AND
SECURING THE SCHOOL ENTITY TO DISCUSS AND COORDINATE SCHOOL
SAFETY AND SECURITY MATTERS.
SECTION 1310-B. SCHOOL SAFETY AND SECURITY TRAINING.
SCHOOL ENTITIES SHALL PROVIDE THEIR EMPLOYEES WITH MANDATORY
TRAINING ON SCHOOL SAFETY AND SECURITY SUBJECT TO THE FOLLOWING:
(1) TRAINING SHALL ADDRESS THE FOLLOWING:
(I) SITUATIONAL AWARENESS.
(II) TRAUMA-INFORMED EDUCATION AWARENESS.
(III) BEHAVIORAL HEALTH AWARENESS.
(IV) SUICIDE AND BULLYING AWARENESS.
(V) SUBSTANCE USE AWARENESS.
(VI) EMERGENCY TRAINING DRILLS, INCLUDING FIRE,
NATURAL DISASTER, ACTIVE SHOOTER, HOSTAGE SITUATION AND
BOMB THREAT.
(2) TRAINING MAY BE PROVIDED THROUGH THE INTERNET OR
OTHER DISTANCE COMMUNICATION SYSTEMS.
(3) EMPLOYEES SHALL COMPLETE A MINIMUM OF THREE HOURS OF
TRAINING EVERY FIVE YEARS.
(4) EMPLOYEES REQUIRED TO UNDERGO CONTINUING
PROFESSIONAL EDUCATION UNDER SECTION 1205.2 SHALL RECEIVE
CREDIT TOWARD THEIR CONTINUING PROFESSIONAL EDUCATION
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REQUIREMENTS IF THE TRAINING PROGRAM HAS BEEN APPROVED BY THE
DEPARTMENT IN CONSULTATION WITH THE COMMITTEE.
ARTICLE XIII-C
SCHOOL POLICE OFFICERS AND
SCHOOL RESOURCE OFFICERS
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:
"DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE
COMMONWEALTH.
"SCHOOL ENTITY." A SCHOOL DISTRICT, INTERMEDIATE UNIT, AREA
VOCATIONAL-TECHNICAL SCHOOL, CHARTER SCHOOL OR PRIVATE
RESIDENTIAL REHABILITATIVE INSTITUTION.
"SCHOOL POLICE OFFICER." A LAW OFFICER EMPLOYED BY A SCHOOL
DISTRICT WHOSE RESPONSIBILITIES, INCLUDING WORK HOURS, ARE
ESTABLISHED BY THE SCHOOL DISTRICT.
"SCHOOL RESOURCE OFFICER." A LAW ENFORCEMENT OFFICER
COMMISSIONED AND EMPLOYED BY A LAW ENFORCEMENT AGENCY WHOSE DUTY
STATION IS LOCATED IN A SCHOOL ENTITY AND WHOSE STATIONING IS
ESTABLISHED BY AN AGREEMENT BETWEEN THE LAW ENFORCEMENT AGENCY
AND THE SCHOOL ENTITY.
"SCHOOL SECURITY GUARD." AN INDIVIDUAL EMPLOYED BY A SCHOOL
ENTITY OR A THIRD PARTY CONTRACTOR WHO IS ASSIGNED TO A SCHOOL
FOR ROUTINE SAFETY AND SECURITY DUTIES AND IS NOT ENGAGED IN
PROGRAMS WITH STUDENTS AT THE SCHOOL.
SECTION 1302-C. SCHOOL POLICE OFFICERS.
(A) APPLICATION TO COURT.--A SCHOOL ENTITY OR NONPUBLIC
SCHOOL MAY APPLY TO A JUDGE OF THE COURT OF COMMON PLEAS OF THE
COUNTY WITHIN WHICH THE SCHOOL ENTITY OR NONPUBLIC SCHOOL IS
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SITUATED TO APPOINT A PERSON OR PERSONS AS THE BOARD OF
DIRECTORS OF THE SCHOOL ENTITY OR THE ADMINISTRATION OF THE
NONPUBLIC SCHOOL MAY DESIGNATE TO ACT AS SCHOOL POLICE OFFICER
FOR THE SCHOOL ENTITY OR NONPUBLIC SCHOOL.
(B) APPOINTMENT.--
(1) THE JUDGE, UPON THE APPLICATION, MAY APPOINT A
PERSON OR PERSONS, AS THE JUDGE DEEMS PROPER, TO BE THE
SCHOOL POLICE OFFICER AND SHALL NOTE THE FACT OF THE
APPOINTMENT TO BE ENTERED UPON THE RECORDS OF THE COURT.
(2) THE JUDGE MAY, AT THE REQUEST OF THE SCHOOL ENTITY
OR NONPUBLIC SCHOOL, GRANT THE SCHOOL POLICE OFFICER THE
POWER TO ARREST AS PROVIDED IN SECTION 1306-C(2), THE
AUTHORITY TO ISSUE CITATIONS FOR SUMMARY OFFENSES OR THE
AUTHORITY TO DETAIN STUDENTS UNTIL THE ARRIVAL OF LOCAL LAW
ENFORCEMENT, OR ANY COMBINATION THEREOF.
SECTION 1303-C. ANNUAL REPORT TO DEPARTMENT.
A SCHOOL ENTITY OR NONPUBLIC SCHOOL WHICH EMPLOYS A SCHOOL
POLICE OFFICER SHALL REPORT ANNUALLY TO THE DEPARTMENT, OFFICE
OF SAFE SCHOOLS, 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 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 1304-C. OATH OF OFFICE.
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EVERY SCHOOL POLICE OFFICER APPOINTED UNDER SECTION 1302-C(B)
SHALL, BEFORE ENTERING UPON THE DUTIES OF THE OFFICE, TAKE AND
SUBSCRIBE TO THE OATH REQUIRED BY SECTION 3 OF ARTICLE VII OF
THE CONSTITUTION OF PENNSYLVANIA, BEFORE A MAGISTERIAL DISTRICT
JUDGE OR PROTHONOTARY. THE OATH SHALL BE FILED BY THE
MAGISTERIAL DISTRICT JUDGE OR PROTHONOTARY AMONG HIS PAPERS, AND
A NOTE MADE UPON HIS DOCKET OF THE FACT OF THE OATH HAVING BEEN
TAKEN.
SECTION 1305-C. FIREARM TRAINING.
A SCHOOL POLICE OFFICER WHO HAS BEEN GRANTED POWERS UNDER
SECTION 1306-C(2) OR (3) OR HAS BEEN AUTHORIZED TO CARRY A
FIREARM MUST, BEFORE ENTERING UPON THE DUTIES OF THE OFFICE,
SUCCESSFULLY COMPLETE TRAINING AS SET FORTH IN 53 PA.C.S. CH. 21
SUBCH. D (RELATING TO MUNICIPAL POLICE EDUCATION AND TRAINING)
OR HAVE GRADUATED FROM THE PENNSYLVANIA STATE POLICE ACADEMY AND
HAVE BEEN EMPLOYED AS A STATE TROOPER WITH THE PENNSYLVANIA
STATE POLICE AND SEPARATED FROM SERVICE IN GOOD STANDING.
SECTION 1306-C. POWERS AND DUTIES.
A SCHOOL POLICE OFFICER APPOINTED UNDER SECTION 1302-C(B)
SHALL POSSESS AND EXERCISE ALL THE FOLLOWING POWERS AND DUTIES:
(1) TO ENFORCE GOOD ORDER IN SCHOOL BUILDINGS, ON SCHOOL
BUSES AND ON SCHOOL GROUNDS IN THE RESPECTIVE SCHOOL ENTITIES
OR NONPUBLIC SCHOOLS. FOR PURPOSES OF THIS PARAGRAPH, THE
TERM "SCHOOL BUS" SHALL INCLUDE A VEHICLE LEASED BY THE
SCHOOL ENTITY OR NONPUBLIC SCHOOL TO TRANSPORT STUDENTS AND A
VEHICLE OF MASS TRANSIT USED BY STUDENTS TO GO TO AND FROM
SCHOOL WHEN THE SCHOOL POLICE OFFICER RESPONDS TO A REPORT OF
AN INCIDENT INVOLVING A BREACH OF GOOD ORDER OR VIOLATION OF
LAW.
(2) IF AUTHORIZED BY THE COURT, TO EXERCISE THE SAME
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POWERS AS EXERCISED UNDER AUTHORITY OF LAW OR ORDINANCE BY
THE POLICE OF THE MUNICIPALITY IN WHICH THE SCHOOL PROPERTY
IS LOCATED.
(3) IF AUTHORIZED BY THE COURT, TO ISSUE SUMMARY
CITATIONS OR TO DETAIN INDIVIDUALS UNTIL LOCAL LAW
ENFORCEMENT IS NOTIFIED.
SECTION 1307-C. SHIELD OR BADGE REQUIRED.
A SCHOOL POLICE OFFICER SHALL, WHEN ON DUTY, WEAR A METALLIC
SHIELD OR BADGE WITH THE WORDS "SCHOOL POLICE," AND THE NAME OF
THE SCHOOL ENTITY OR NONPUBLIC SCHOOL FOR WHICH APPOINTED. THE
SHIELD SHALL ALWAYS BE WORN IN PLAIN VIEW WHEN ON DUTY EXCEPT
WHEN EMPLOYED AS A DETECTIVE.
SECTION 1308-C. COMPENSATION.
THE COMPENSATION OF A SCHOOL POLICE OFFICER SHALL BE PAID BY
THE SCHOOL ENTITY OR NONPUBLIC SCHOOL FOR WHICH THE SCHOOL
POLICE OFFICER IS APPOINTED, AS MAY BE AGREED UPON BETWEEN THE
BOARD OF SCHOOL DIRECTORS OR ADMINISTRATION OF THE NONPUBLIC
SCHOOL AND THE SCHOOL POLICE OFFICER.
SECTION 1309-C. COOPERATIVE POLICE SERVICE AGREEMENTS.
(A) GENERAL RULE.--A SCHOOL ENTITY OR NONPUBLIC SCHOOL AND
MUNICIPALITY MAY ENTER INTO A COOPERATIVE POLICE SERVICE
AGREEMENT UNDER 42 PA.C.S. § 8953(E) (RELATING TO STATEWIDE
MUNICIPAL POLICE JURISDICTION) AND 53 PA.C.S. § 2303 (RELATING
TO INTERGOVERNMENTAL COOPERATION AUTHORIZED) TO AUTHORIZE THE
EXERCISE OF CONCURRENT JURISDICTION WITH LOCAL LAW ENFORCEMENT
WITHIN THE MUNICIPALITY WHERE THE SCHOOL OR SCHOOL ENTITY OR
NONPUBLIC SCHOOL IS LOCATED OR WITHIN THE MUNICIPALITY IN WHICH
A SCHOOL EVENT OR ACTIVITY WILL TAKE PLACE.
(B) MUNICIPALITIES WITHOUT MUNICIPAL POLICE DEPARTMENTS.--
(1) IF A SCHOOL IS LOCATED WITHIN A MUNICIPALITY WHERE
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NO MUNICIPAL POLICE DEPARTMENT EXISTS, THE SCHOOL ENTITY OR
NONPUBLIC SCHOOL MAY ENTER INTO A COOPERATIVE POLICE SERVICE
AGREEMENT UNDER 42 PA.C.S. § 8953(E) AND 53 PA.C.S. § 2303
WITH A MUNICIPALITY PROVIDING FULL-TIME OR PART-TIME POLICE
COVERAGE THAT IS LOCATED ADJACENT TO THE SCHOOL.
(2) AT LEAST 30 DAYS PRIOR TO EXECUTING A COOPERATIVE
POLICE SERVICE AGREEMENT UNDER THIS SUBSECTION, THE SCHOOL
ENTITY OR NONPUBLIC SCHOOL SHALL PROVIDE WRITTEN NOTICE OF
ITS INTENT TO ENTER INTO THE AGREEMENT TO THE MUNICIPALITY
WHERE THE SCHOOL IS LOCATED.
(3) A COPY OF THE EXECUTED AGREEMENT SHALL BE PROVIDED
TO THE COMMANDING OFFICER OF THE PENNSYLVANIA STATE POLICE
INSTALLATION THAT PROVIDES PRIMARY POLICE SERVICES TO THE
MUNICIPALITY WHERE THE SCHOOL IS LOCATED.
(4) A COOPERATIVE POLICE SERVICE AGREEMENT ENTERED INTO
UNDER THIS SUBSECTION SHALL ONLY PERTAIN TO ACTIONS TAKEN ON
SCHOOL PROPERTY UNDER THE AGREEMENT AND SHALL NOT AFFECT THE
JURISDICTION OF THE PENNSYLVANIA STATE POLICE.
SECTION 1310-C. EMPLOYEE STATUS.
WHEN ACTING WITHIN THE SCOPE OF THIS ARTICLE, SCHOOL POLICE
OFFICERS SHALL, AT ALL TIMES, BE EMPLOYEES OF THE SCHOOL ENTITY
OR NONPUBLIC SCHOOL AND SHALL BE ENTITLED TO ALL OF THE RIGHTS
AND BENEFITS ACCRUING FROM THAT EMPLOYMENT.
SECTION 1311-C. INDEPENDENT CONTRACTORS.
NOTWITHSTANDING SECTION 1310-C, A SCHOOL ENTITY OR NONPUBLIC
SCHOOL MAY CONTRACT WITH INDIVIDUALS WHO ARE RETIRED FEDERAL
AGENTS OR RETIRED STATE, MUNICIPAL OR MILITARY POLICE OFFICERS
OR SHERIFFS TO PROVIDE SERVICES UNDER THIS ARTICLE. THE
INDIVIDUALS SHALL BE CONSIDERED INDEPENDENT CONTRACTORS OF THE
SCHOOL ENTITY OR NONPUBLIC SCHOOL AND SHALL BE COMPENSATED BY
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THE SCHOOL ENTITY OR NONPUBLIC SCHOOL ON AN HOURLY BASIS AND
RECEIVE NO OTHER COMPENSATION OR FRINGE BENEFITS FROM THE SCHOOL
ENTITY OR NONPUBLIC SCHOOL. THE SCHOOL ENTITY OR NONPUBLIC
SCHOOL SHALL ENSURE THAT THE INDEPENDENT CONTRACTORS COMPLY WITH
ALL OF THE FOLLOWING:
(1) COMPLETED SUCH ANNUAL TRAINING AS IS 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).
(2) SATISFIED THE REQUIREMENTS OF SECTION 111.
(3) IN THE CASE OF A SCHOOL ENTITY, INDEMNIFIED BY THE
SCHOOL ENTITY UNDER 42 PA.C.S. § 8548 (RELATING TO
INDEMNITY).
SECTION 1312-C. CONSTRUCTION.
NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PRECLUDE A
SCHOOL ENTITY OR NONPUBLIC SCHOOL FROM EMPLOYING OTHER SECURITY
PERSONNEL AS THE SCHOOL ENTITY OR NONPUBLIC SCHOOL DEEMS
NECESSARY.
SECTION 1313-C. SCHOOL RESOURCE OFFICERS.
(A) POWERS AND DUTIES.--A SCHOOL ENTITY MAY CONFER THE
FOLLOWING POWERS AND DUTIES UPON SCHOOL RESOURCE OFFICERS:
(1) TO ASSIST IN THE IDENTIFICATION OF PHYSICAL CHANGES
IN THE ENVIRONMENT WHICH MAY REDUCE CRIME IN OR AROUND THE
SCHOOL.
(2) TO ASSIST IN DEVELOPING SCHOOL POLICY WHICH
ADDRESSES CRIME AND TO RECOMMEND PROCEDURAL CHANGES.
(3) TO DEVELOP AND EDUCATE STUDENTS IN CRIME PREVENTION
AND SAFETY.
(4) TO TRAIN STUDENTS IN CONFLICT RESOLUTION,
RESTORATIVE JUSTICE AND CRIME AWARENESS.
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(5) TO ADDRESS CRIME AND VIOLENCE ISSUES, GANGS AND DRUG
ACTIVITIES AFFECTING, OR OCCURRING IN OR AROUND, A SCHOOL.
(6) TO DEVELOP OR EXPAND COMMUNITY JUSTICE INITIATIVES
FOR STUDENTS.
(B) INTERGOVERNMENTAL AGREEMENTS FOR SCHOOL SECURITY AND
SAFETY.--THE BOARD OF SCHOOL DIRECTORS OF A SCHOOL DISTRICT MAY
ENTER INTO AGREEMENTS WITH OTHER POLITICAL SUBDIVISIONS TO
PROVIDE FOR THE SAFETY AND SECURITY OF THE SCHOOL. THE BOARD OF
SCHOOL DIRECTORS MAY USE SCHOOL FUNDS TO SHARE COSTS WITH
MUNICIPALITIES AND COUNTIES FOR SUCH EXPENSES AS BENEFITS AND
SALARIES OF SCHOOL RESOURCE OFFICERS AND PROBATION OFFICERS.
SCHOOL RESOURCE OFFICERS AND PROBATION OFFICERS ARE NOT REQUIRED
TO BE EMPLOYEES OF THE SCHOOL DISTRICT AND MAY BE EMPLOYEES OF
OTHER POLITICAL SUBDIVISIONS.
SECTION 1314-C. SCHOOL SECURITY GUARDS.
A SCHOOL SECURITY GUARD MAY PROVIDE THE FOLLOWING SERVICES AS
DETERMINED BY THE SCHOOL ENTITY:
(1) SCHOOL SAFETY SUPPORT SERVICES.
(2) ENHANCED CAMPUS SUPERVISION.
(3) ASSISTANCE WITH DISRUPTIVE STUDENTS.
(4) MONITORING VISITORS ON CAMPUS.
(5) COORDINATION WITH LAW ENFORCEMENT OFFICIALS,
INCLUDING SCHOOL POLICE OFFICERS AND SCHOOL RESOURCE
OFFICERS.
(6) SECURITY FUNCTIONS WHICH IMPROVE AND MAINTAIN SCHOOL
SAFETY.
ARTICLE XIII-D
SAFE2SAY PROGRAM
SECTION 1301-D. INTENT.
THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
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(1) OVER THE PAST SEVERAL YEARS, SCHOOL SHOOTINGS HAVE
BECOME MORE FREQUENT. THE RECENT SCHOOL SHOOTINGS HAVE SHOWN
THE NEED FOR ROBUST INFORMATION SHARING AND COMMUNICATION
BETWEEN SCHOOLS AND LAW ENFORCEMENT. THE COMMUNICATION IS
NECESSARY TO PREVENT SCHOOL VIOLENCE.
(2) IT IS VITAL THAT THE COMMONWEALTH TAKE AVAILABLE
MEASURES TO CREATE SAFE AND WELCOMING SCHOOL COMMUNITIES.
PROVIDING STUDENTS, TEACHERS AND COMMUNITIES WITH AN
ANONYMOUS REPORTING MECHANISM IS A PROVEN IMPORTANT TOOL IN
CREATING SAFE AND WELCOMING SCHOOL COMMUNITIES.
(3) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE
SAFE2SAY PROGRAM BE A ONE-STOP SHOP FOR STUDENTS, TEACHERS
AND COMMUNITY MEMBERS TO REPORT BEHAVIOR PERCEIVED TO BE
THREATENING TO AN INDIVIDUAL OR A SCHOOL ENTITY. REPORTS MADE
THROUGH THE ANONYMOUS REPORTING SYSTEM WILL BE REFERRED TO
LOCAL SCHOOLS, LAW ENFORCEMENT AND/OR ORGANIZATIONS.
(4) THE INTENT OF THE GENERAL ASSEMBLY IS FOR THE
SAFE2SAY PROGRAM TO SUPPLEMENT, NOT REPLACE, 911 SERVICES.
THE SAFE2SAY PROGRAM IS INTENDED TO FACILITATE INCREASED
COMMUNICATION BETWEEN LAW ENFORCEMENT, SCHOOL DISTRICTS AND
ORGANIZATIONS.
(5) IT IS NOT THE INTENT OF THE GENERAL ASSEMBLY THAT
THE SAFE2SAY PROGRAM BE USED AS A DISCIPLINARY TOOL FOR
SCHOOL EMPLOYEES. HOWEVER, THERE MAY BE INSTANCES WHERE
INFORMATION OBTAINED THROUGH THE PROGRAM MAY BE SHARED WITH
AND USED BY SCHOOL OFFICIALS.
(6) THE SAFE2SAY PROGRAM IS NOT MEANT TO BE A TOOL FOR
LAW ENFORCEMENT. HOWEVER, THERE MAY BE INSTANCES WHERE
INFORMATION OBTAINED THROUGH THE PROGRAM MAY BE SHARED WITH
AND USED BY LAW ENFORCEMENT.
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