PRINTER'S NO. 714
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
621
Session of
2019
INTRODUCED BY REGAN, SCARNATI, PHILLIPS-HILL, BROOKS,
BARTOLOTTA, ARGALL, FOLMER, GORDNER, YAW, DiSANTO, KILLION,
MENSCH, STEFANO AND J. WARD, MAY 6, 2019
REFERRED TO EDUCATION, MAY 6, 2019
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," amending provisions relating to
school police officers and school resource officers, and
imposing powers and duties on the Pennsylvania Commission on
Crime and Delinquency.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Article XIII-C heading and sections 1301-C, 1302-
C, 1303-C, 1305-C, 1306-C, 1309-C, 1311-C, 1313-C and 1314-C of
the act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949, added June 22, 2018 (P.L.327, No.44), are
amended to read:
ARTICLE XIII-C
SCHOOL [POLICE OFFICERS AND
SCHOOL RESOURCE OFFICERS] SECURITY
Section 1301-C. Definitions.
The following words and phrases when used in this article
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commission." The Pennsylvania Commission on Crime and
Delinquency.
"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 enforcement officer employed
by a school [district] entity or nonpublic school whose
responsibilities, including work hours, are established by the
school [district] entity or nonpublic school.
"School resource officer." A law enforcement officer
commissioned and employed by a law enforcement agency whose duty
station is located in a school entity or nonpublic school and
whose stationing is established by an agreement between the law
enforcement agency and the school entity[.] or nonpublic school.
The term includes an active certified sheriff or deputy sheriff
whose stationing in the school entity or nonpublic school is
established by an agreement between the county, the sheriff's
office and the school entity or nonpublic school.
"School security guard." An individual employed by a school
entity, nonpublic school or a third party [contractor] vendor
who is assigned to a school for routine safety and security
duties and [is not engaged in programs with students at the
school.] has not been granted powers under section 1306-C(2) and
(3).
"Third party vendor." A company or entity that provides
school security services.
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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
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 a 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 as provided
in section 1306-C(3) or the authority to detain students
until the arrival of local law enforcement or any combination
thereof.
(3) The judge may, at the request of the school entity
or nonpublic school, grant the school police officer the
authority to carry a firearm if the school police officer
satisfies the requirements under section 1305-C.
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 and the
[Office of Safe Schools] 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
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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 1305-C. [Firearm training] 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] satisfy the following:
(1) Successfully complete such annual training as [set
forth in] 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) or [have] has graduated from the Pennsylvania State
Police Academy [and have], has been employed as a State
trooper with the Pennsylvania State Police and has separated
from that service in good standing.
(2) (i) Successfully complete the Basic School Resource
Officer Course of Instruction offered by the National
Association of School Resource Officers or an equivalent
course of instruction approved by the commission.
(ii) A school police officer who is currently
employed by a school entity or nonpublic school shall
have one year from the effective date of this paragraph
to complete the instruction.
Section 1306-C. Powers and duties.
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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 and school activities 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
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 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 entity or nonpublic school is located
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within a municipality where 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 entity or nonpublic 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 entity or nonpublic 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 entity or nonpublic 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 1311-C. Independent contractors and third party
vendors.
(a) 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 retired sheriffs or
deputy sheriffs to provide school security services under this
article. The individuals shall be considered independent
contractors of the school entity or nonpublic school and shall
be compensated by the school entity or nonpublic school on an
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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 prior to performing
services for the school entity or nonpublic school:
(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).
(4) In the case of a nonpublic school, insured by the
nonpublic school for any liability arising from the
performance of their duties.
(5) (i) Successfully completed the Basic School
Resource Officer Course of Instruction offered by the
National Association of School Resource Officers or an
equivalent course of instruction approved by the
commission.
(ii) An independent contractor who is currently
employed by a school entity or nonpublic school shall
have one year from the effective date of this paragraph
to complete the training.
(b) Third party vendor.--
(1) Notwithstanding section 1310-C, a school entity or
nonpublic school may contract with a third party vendor
approved by the Office of Safe Schools within the department
under section 1302-A(b)(8) to provide school security
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services. The third party vendor shall ensure that its
employees are insured and have met the training requirements
in subsection (a)(1) and (5) prior to providing services for
the school entity or nonpublic school.
(2) A school entity or nonpublic school may contract
with a third party vendor licensed under the act of August
21, 1953 (P.L.1273, No.361), known as The Private Detective
Act of 1953, and approved by the commission to provide school
security services under section 1315-C. The third party
vendor shall ensure its employees are insured and have met
the training requirements under section 1314-C prior to
providing services for the school entity or nonpublic school.
Section 1313-C. School resource officers.
(a) Powers and duties.--A school entity or nonpublic school
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.
(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.
(a.1) Training.--
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(1) Prior to entering upon the duties of the Office of
Safe Schools, a school resource officer shall successfully
complete the Basic School Resource Officer Course of
Instruction offered by the National Association of School
Resource Officers or an equivalent course of instruction
approved by the commission.
(2) A school resource officer who is currently employed
by a school entity or nonpublic school shall have one year
from the effective date of this subsection to complete the
instruction.
(b) Intergovernmental agreements for school security and
safety.--
(1) 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.
(2) 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.
(3) 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) Scope of services.--A school security guard may provide
the following services as determined by the school entity or
nonpublic school:
(1) School safety support services.
(2) Enhanced campus supervision.
(3) Assistance with disruptive students.
(4) Monitoring visitors on campus.
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(5) Coordination with law enforcement officials,
including school police officers and school resource
officers.
(6) Security functions which improve and maintain school
safety.
(b) Armed school security guards.--A school entity or
nonpublic school may employ or contract with a third party
vendor under section 1311-C(b)(2) for an armed school security
guard if all of the following conditions are met:
(1) The school security guard is licensed under 18
Pa.C.S. Ch. 61 Subch. A (relating to Uniform Firearms Act).
(2) The school security guard has successfully completed
and is currently certified under the act of October 10, 1974
(P.L.705, No.235), known as the Lethal Weapons Training Act.
(3) (i) The school security guard has successfully
completed the Basic School Resource Officer Course of
Instruction offered by the National Association of School
Resource Officers or an equivalent course of instruction
approved by the commission.
(ii) A school security guard who is currently
employed by a a school entity or nonpublic school shall
have one year from the effective date of this subsection
to complete the instruction.
(4) The school security guard has satisfied the
requirements under section 111.
(c) Active or retired law enforcement officers.--Active or
retired law enforcement officers shall be exempt from the
training requirements for armed security guards under subsection
(b)(2) upon presentation to the school entity or nonpublic
school of evidence of their completion of the training
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requirements under 53 Pa.C.S. Ch. 21 Subch. D (relating to
municipal police education and training).
Section 2. The act is amended by adding a section to read:
Section 1315-C. Duties of the commission.
The commission shall have the following duties under this
article:
(1) In conjunction with the department and the
Pennsylvania State Police, periodically reassess the training
requirements for all school security personnel.
(2) Establish criteria for certifying approved third
party vendors to provide school security guard services to
school entities and nonpublic schools.
(3) Publish and post on the commission's publicly
accessible Internet website a listing of all approved third
party vendors for school security guards.
(4) Submit an annual report to the General Assembly on
school security, including all data collected from school
entities and nonpublic schools and recommendations for
improvements in school security personnel training
requirements.
Section 3. This act shall take effect in 60 days.
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