Regular Session 2023-2024 Senate Bill 0843 P.N. 1239

HOUSE AMENDED

PRIOR PRINTER'S NOS. 963, 1230

PRINTER'S NO. 1239

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

843

Session of

2023

INTRODUCED BY ARGALL, AUMENT, ROTHMAN, SCHWANK, YAW, LAUGHLIN,

COLEMAN, PENNYCUICK, DUSH, BROOKS AND PHILLIPS-HILL,

JUNE 26, 2023

AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF

REPRESENTATIVES, AS AMENDED, NOVEMBER 15, 2023

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," providing for Interstate Teacher

Mobility Compact. IN PRELIMINARY PROVISIONS, FURTHER

PROVIDING FOR BASIC EDUCATION FUNDING COMMISSION AND FOR

SPECIAL PROVISIONS APPLICABLE TO LIMITED SCHOOL YEARS AND

PROVIDING FOR PUBLIC JOB POSTING DATABASE, FOR INSTRUCTIONAL

VACANCY DATA AND FOR DATA TRANSPARENCY; IN GROUNDS AND

BUILDINGS, FURTHER PROVIDING FOR LIMITATION ON NEW

APPLICATIONS FOR DEPARTMENT OF EDUCATION APPROVAL OF PUBLIC

SCHOOL BUILDING PROJECTS; IN INTERMEDIATE UNITS, FURTHER

PROVIDING FOR SCHOOL SAFETY AND SECURITY ENHANCEMENTS; IN

CERTIFICATION OF TEACHERS, FURTHER PROVIDING FOR SUBSTITUTE

TEACHING PERMIT FOR PROSPECTIVE TEACHERS, FOR LOCALLY ISSUED

TEMPORARY CERTIFICATION FOR SUBSTITUTE TEACHERS AND FOR

PERMIT FOR CLASSROOM MONITORS; PROVIDING FOR INTERSTATE

TEACHER MOBILITY COMPACT AND FOR EDUCATOR PIPELINE SUPPORT

GRANT PROGRAM; 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 AND

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SCHOOL ENTITIES PROGRAM, FOR STANDARDIZED PROTOCOLS, FOR

COUNTY SAFE SCHOOLS' COLLABORATIVE AND FOR SCHOOL MENTAL

HEALTH GRANTS FOR 2023-2024 SCHOOL YEAR, 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; IN DRUG AND ALCOHOL

RECOVERY HIGH SCHOOL PROGRAM, FURTHER PROVIDING FOR SCOPE OF

PROGRAM AND SELECTION OF STUDENTS, PROVIDING FOR ENROLLMENT

OF STUDENTS AND REPEALING PROVISIONS RELATING TO FURTHER

PROVIDING FOR ACADEMIC PROGRAMS; IN EARLY LEARNING PROGRAMS,

PROVIDING FOR QUARTERLY REPORTING; IN HIGH SCHOOLS, FURTHER

PROVIDING FOR ATTENDANCE IN OTHER DISTRICTS; IN COMMUNITY

COLLEGES, FURTHER PROVIDING FOR FINANCIAL PROGRAM AND

REIMBURSEMENT OF PAYMENTS; IN FUNDING FOR PUBLIC LIBRARIES,

PROVIDING FOR STATE AID FOR FISCAL YEAR 2023-2024; IN

REIMBURSEMENTS BY COMMONWEALTH AND BETWEEN SCHOOL DISTRICTS,

FURTHER PROVIDING FOR PAYMENTS ON ACCOUNT OF PUPILS ENROLLED

IN CAREER AND TECHNICAL CURRICULUMS, FOR PAYMENTS TO

INTERMEDIATE UNITS, FOR ASSISTANCE TO SCHOOL DISTRICTS

DECLARED TO BE IN FINANCIAL RECOVERY STATUS OR IDENTIFIED FOR

FINANCIAL WATCH STATUS, FOR READY-TO-LEARN BLOCK GRANT AND

FOR PAYMENT OF REQUIRED CONTRIBUTION FOR PUBLIC SCHOOL

EMPLOYEES' SOCIAL SECURITY; IN CONSTRUCTION AND RENOVATION OF

BUILDINGS BY SCHOOL ENTITIES, FURTHER PROVIDING FOR

APPLICABILITY; AND MAKING AN EDITORIAL CHANGE.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding an

article to read:

SECTION 1. SECTIONS 123(K)(2) AND 129 OF THE ACT OF MARCH

10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF

1949, ARE AMENDED TO READ:

SECTION 123. BASIC EDUCATION FUNDING COMMISSION.--* * *

(K) * * *

(2) NOTWITHSTANDING PARAGRAPH (1), THE COMMISSION SHALL BE

RECONSTITUTED JULY 1, 2022, AND SHALL ISSUE THE REPORT TO THE

RECIPIENTS LISTED IN SUBSECTION (I)(12) NOT LATER THAN [NOVEMBER

30, 2023] JANUARY 11, 2024.

* * *

SECTION 129. SPECIAL PROVISIONS APPLICABLE TO LIMITED SCHOOL

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YEARS.--NOTWITHSTANDING ANY PROVISION OF LAW OR REGULATION TO

THE CONTRARY, [FOR THE 2021-2022 AND 2022-2023 SCHOOL YEARS,]

IF, IN THE JUDGMENT OF A SCHOOL EMPLOYER, AN EMERGENCY OR

SHORTAGE OF DAY-TO-DAY SUBSTITUTE TEACHERS EXISTS UNDER 24

PA.C.S. § 8346(B) (RELATING TO TERMINATION OF ANNUITIES), THE

SCHOOL EMPLOYER MAY HIRE AN ANNUITANT, AS DEFINED IN 24 PA.C.S.

§ 8102 (RELATING TO DEFINITIONS), REGARDLESS OF WHETHER THE

SCHOOL EMPLOYER FIRST ATTEMPTS TO SECURE NONRETIRED PERSONNEL,

EXCEPT THAT THE SCHOOL EMPLOYER SHALL COMPLY WITH SECTION

1125.1(D)(2) BY FIRST OFFERING THE WORK TO ANY CERTIFIED

PROFESSIONAL EMPLOYE ON A RECALL LIST. THE PROVISIONS OF 24

PA.C.S. § 8346(B) REGARDING THE CONTINUATION OF ANNUITY OR

DISTRIBUTIONS TO AN ANNUITANT WHO RETURNS TO SCHOOL SERVICE

DURING AN EMERGENCY SHALL APPLY TO ANNUITANTS HIRED UNDER THIS

SECTION. NOTHING UNDER THIS SECTION SHALL SUPERSEDE OR PREEMPT A

PROVISION OF AN EXISTING COLLECTIVE BARGAINING AGREEMENT BETWEEN

A SCHOOL EMPLOYER AND AN EXCLUSIVE REPRESENTATIVE OF THE

EMPLOYES UNDER THE ACT OF JULY 23, 1970 (P.L.563, NO.195), KNOWN

AS THE "PUBLIC EMPLOYE RELATIONS ACT."

SECTION 1.1. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:

SECTION 130. PUBLIC JOB POSTING DATABASE.--(A) THE

DEPARTMENT SHALL ESTABLISH AND MAINTAIN A PUBLIC DATABASE FOR

SCHOOL ENTITIES OR NONPUBLIC SCHOOLS TO VOLUNTARILY ADVERTISE

EMPLOYE VACANCIES ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE

INTERNET WEBSITE. THE DATABASE SHALL, AT A MINIMUM:

(1) ALLOW A SCHOOL ENTITY OR NONPUBLIC SCHOOL TO POST IN

REAL TIME AN EMPLOYE VACANCY. THE DEPARTMENT SHALL DETERMINE

INFORMATION TO BE REQUIRED AS PART OF A POSTING.

(2) PROVIDE FOR A TIME-LIMITED EXPIRATION OF A POSTING MADE

BY A SCHOOL ENTITY OR NONPUBLIC SCHOOL.

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(3) BE SEARCHABLE BY, AT A MINIMUM, COUNTY, INTERMEDIATE

UNIT, SCHOOL ENTITY, GRADE LEVEL, EMPLOYE TYPE AND ACADEMIC

CONTENT AREA.

(4) BE MADE AVAILABLE AT NO COST TO A SCHOOL ENTITY,

NONPUBLIC SCHOOL OR PROSPECTIVE EMPLOYE.

(B) A SCHOOL ENTITY OR NONPUBLIC SCHOOL MAY SUBMIT A POSTING

TO THE DATABASE ESTABLISHED UNDER SUBSECTION (A) FOR AN OPEN

POSITION OR AN ANTICIPATED OPEN POSITION.

OPERATE THE DATABASE ESTABLISHED UNDER SUBSECTION (A).

(D) 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:

"DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE

COMMONWEALTH.

"EMPLOYE." THE FOLLOWING:

(1) A "PROFESSIONAL EMPLOYE" AS DEFINED IN SECTION 1101(1).

(2) A PARAPROFESSIONAL OR EDUCATIONAL INTERPRETER AS

DESCRIBED UNDER 22 PA. CODE § 14.105 (RELATING TO PERSONNEL).

(3) ANY OTHER EMPLOYE IN A SCHOOL ENTITY OR NONPUBLIC SCHOOL

AS DETERMINED BY THE DEPARTMENT.

"NONPUBLIC SCHOOL." AS DEFINED IN SECTION 923.3-A(B).

"SCHOOL ENTITY." A SCHOOL DISTRICT, CHARTER SCHOOL, REGIONAL

CHARTER SCHOOL, INTERMEDIATE UNIT OR AREA CAREER AND TECHNICAL

SCHOOL OPERATING WITHIN THIS COMMONWEALTH.

SECTION 131. INSTRUCTIONAL VACANCY DATA.--(A) THE

DEPARTMENT SHALL REQUIRE A SCHOOL ENTITY TO SUBMIT CERTAIN

INFORMATION RELATING TO INSTRUCTIONAL VACANCIES, INCLUDING, AT A

MINIMUM, THE NUMBER OF INSTRUCTIONAL VACANCIES, THE NUMBER OF

EMERGENCY PERMITS UTILIZED BY A SCHOOL ENTITY AND THE NUMBER OF

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POSITIONS OCCUPIED BY LONG-TERM SUBSTITUTES. THE DEPARTMENT

SHALL DETERMINE THE FORM AND MANNER IN WHICH THE INFORMATION IS

TO BE SUBMITTED BY A SCHOOL ENTITY. TO THE BEST EXTENT POSSIBLE,

THE DEPARTMENT SHALL UTILIZE EXISTING REPORTING METHODS TO

COLLECT THIS DATA. BY AUGUST 31, 2024, AND EACH AUGUST 31

THEREAFTER, EACH SCHOOL ENTITY SHALL REPORT THE FOLLOWING TO THE

DEPARTMENT:

(1) THE TOTAL BUDGETED COMPLEMENT OF INSTRUCTIONAL EMPLOYES

FOR THAT FISCAL YEAR AND VACANCIES INCLUDED IN THE FINAL ADOPTED

BUDGET OF A BOARD OF SCHOOL DIRECTORS.

(2) THE QUARTERLY AVERAGE NUMBER OF INSTRUCTIONAL EMPLOYE

VACANCIES THE SCHOOL ENTITY HAD DURING THE SCHOOL YEAR.

(B) THE DEPARTMENT SHALL MAINTAIN THE INFORMATION COLLECTED

UNDER SUBSECTION (A) ON ITS PUBLICLY ACCESSIBLE INTERNET

WEBSITE.

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS

THE CONTEXT CLEARLY INDICATES OTHERWISE:

"DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE

COMMONWEALTH.

"SCHOOL ENTITY." A SCHOOL DISTRICT, CHARTER SCHOOL, REGIONAL

CHARTER SCHOOL, INTERMEDIATE UNIT OR AREA CAREER AND TECHNICAL

SCHOOL OPERATING WITHIN THIS COMMONWEALTH.

SECTION 132. DATA TRANSPARENCY.--(A) TO THE EXTENT THAT

FUNDING IS MADE AVAILABLE, NO LATER THAN DECEMBER 31 OF EACH

YEAR, THE DEPARTMENT SHALL POST ON ITS PUBLICLY ACCESSIBLE

INTERNET WEBSITE DATA RELATED TO THE EDUCATOR WORKFORCE IN THIS

COMMONWEALTH THAT ALLOWS MEMBERS OF THE PUBLIC TO VIEW,

DISAGGREGATE AND MANIPULATE THE FOLLOWING DATA IF COLLECTED BY

THE DEPARTMENT:

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(1) EDUCATOR SUPPLY DATA, INCLUDING EDUCATOR PREPARATION

PROVIDER ENROLLMENT AND COMPLETION DATA AND EDUCATION

PROFESSIONAL CERTIFICATES ISSUED BY THE DEPARTMENT,

DISAGGREGATED BY CATEGORIES, INCLUDING PROGRAM, CERTIFICATION

AREA AND DEMOGRAPHIC INFORMATION.

(2) EDUCATOR DEMAND DATA, INCLUDING CURRENT EDUCATOR

WORKFORCE NUMBERS, UNFILLED POSITIONS AND RATES, NEW HIRES AND

EMERGENCY PERMITS OR OUT-OF-FIELD EDUCATORS, DISAGGREGATED BY

CATEGORIES, INCLUDING SCHOOL ENTITY, SCHOOL, SPECIFIC

ASSIGNMENT, CERTIFICATION AREA, TYPE OF EMERGENCY PERMIT AND

DEMOGRAPHIC INFORMATION.

(3) EDUCATOR PREPARATION PROGRAM OUTCOMES DATA, INCLUDING

DATA ON PERCENTAGE OF PROGRAM ENROLLEES WHO:

(I) COMPLETE THE PROGRAM.

(II) PASS THE CERTIFICATION TEST ON THE FIRST TIME AND

OVERALL.

(III) RECEIVE CERTIFICATION.

(IV) ARE EMPLOYED BY A SCHOOL ENTITY IN YEARS ONE THROUGH

FIVE.

(V) ARE RETAINED BY A SCHOOL ENTITY IN YEARS ONE THROUGH

FIVE.

(4) EDUCATOR RETENTION AT ONE-YEAR, THREE-YEAR AND FIVE-YEAR

RATES, DISAGGREGATED BY CATEGORIES, INCLUDING SCHOOL ENTITY,

SCHOOL, SPECIFIC ASSIGNMENT, CERTIFICATION AREA, TYPE OF

EMERGENCY PERMIT AND DEMOGRAPHIC INFORMATION.

(B) THE DEPARTMENT MAY CONTRACT WITH AN OUTSIDE ORGANIZATION

TO MEET THE REQUIREMENTS OF THIS SECTION.

THEREAFTER, THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT

OF LABOR AND INDUSTRY, SHALL ISSUE A REPORT TO THE GOVERNOR AND

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GENERAL ASSEMBLY ON THE EDUCATOR WORKFORCE IN THIS COMMONWEALTH.

THE REPORT SHALL BE POSTED ON THE DEPARTMENT'S PUBLICLY

ACCESSIBLE INTERNET WEBSITE. THE REPORT SHALL INCLUDE

INFORMATION ON:

(1) TRENDS IN EDUCATOR SUPPLY AND EDUCATOR PREPARATION

PROVIDER EFFECTIVENESS, INCLUDING RECOMMENDATIONS FOR ATTRACTING

MORE HIGH-QUALITY AND DIVERSE TEACHER CANDIDATES AND IMPROVING

THE QUALITY OF EDUCATOR PREPARATION IN THIS COMMONWEALTH.

(2) THE EDUCATOR POSITIONS, BY CERTIFICATION AREA, IN HIGH

DEMAND IN THIS COMMONWEALTH AND THE LOCATION OF EXISTING

VACANCIES BY SCHOOL ENTITY.

(3) PROJECTIONS OF SHORTAGE AREAS AND SUBJECTS IN THE

UPCOMING THREE TO FIVE YEARS AND RECOMMENDATIONS FOR ADDRESSING

THESE SHORTAGES.

(4) OVERALL AND DISAGGREGATED TRENDS IN EDUCATOR RETENTION,

INCLUDING RECOMMENDATIONS FOR IMPROVING RETENTION.

(D) 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 :

"DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE

COMMONWEALTH.

"SCHOOL ENTITY." A SCHOOL DISTRICT, CYBER CHARTER SCHOOL,

CHARTER SCHOOL, REGIONAL CHARTER SCHOOL, AREA CAREER AND

TECHNICAL SCHOOL OR INTERMEDIATE UNIT.

SECTION 1.2. SECTION 732.1(A) OF THE ACT, AMENDED JULY 8,

2022 (P.L.620, NO.55), IS AMENDED TO READ:

SECTION 732.1. LIMITATION ON NEW APPLICATIONS FOR DEPARTMENT

OF EDUCATION APPROVAL OF PUBLIC SCHOOL BUILDING PROJECTS.--(A)

FOR THE 2012-2013 FISCAL YEAR, 2013-2014 FISCAL YEAR, 2017-2018

FISCAL YEAR, 2018-2019 FISCAL YEAR, 2019-2020 FISCAL YEAR, 2020-

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2021 FISCAL YEAR, 2021-2022 FISCAL YEAR [AND], 2022-2023 FISCAL

YEAR AND EACH FISCAL YEAR THEREAFTER, THE DEPARTMENT OF

EDUCATION SHALL NOT ACCEPT OR APPROVE NEW SCHOOL BUILDING

CONSTRUCTION OR RECONSTRUCTION PROJECT APPLICATIONS UNDER THIS

ARTICLE.

* * *

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

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

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FOR DIRECTLY BY THE INTERMEDIATE UNIT OR LOANED BY THE

INTERMEDIATE UNIT TO THE NONPUBLIC SCHOOL.

* * *

SECTION 3. SECTION 1201.1(3) OF THE ACT IS AMENDED AND THE

SECTION IS AMENDED BY ADDING A PARAGRAPH TO READ:

SECTION 1201.1. SUBSTITUTE TEACHING PERMIT FOR PROSPECTIVE

TEACHERS.--AN INDIVIDUAL WHO DOES NOT HOLD A CERTIFICATE UNDER

SECTION 1201 SHALL BE ELIGIBLE TO TEACH AS A SUBSTITUTE IN A

SCHOOL DISTRICT, AN AREA CAREER AND TECHNICAL SCHOOL OR AN

INTERMEDIATE UNIT PROVIDED THAT:

* * *

(3) AN INDIVIDUAL RECEIVING A SUBSTITUTE TEACHING PERMIT FOR

PROSPECTIVE TEACHERS MAY SERVE AS A SUBSTITUTE TEACHER FOR NO

MORE THAN TEN (10) DAYS PER SCHOOL YEAR FOR A SINGLE

PROFESSIONAL EMPLOYE OR TEMPORARY PROFESSIONAL EMPLOYE, PROVIDED

THAT THE INDIVIDUAL MAY SERVE AS A SUBSTITUTE FOR MULTIPLE

PROFESSIONAL EMPLOYES OR TEMPORARY PROFESSIONAL EMPLOYES FOR NO

MORE THAN TWENTY (20) DAYS PER SCHOOL YEAR. [FOR THE 2021-2022

AND 2022-2023] SUBJECT TO PARAGRAPH (3.1), FOR THE 2023-2024,

2024-2025 AND 2025-2026 SCHOOL YEARS, THE NUMBER OF DAYS OR

HOURS PER SCHOOL YEAR FOR WHICH AN INDIVIDUAL RECEIVING A PERMIT

UNDER THIS SECTION MAY SERVE AS A SUBSTITUTE TEACHER SHALL NOT

BE LIMITED, EXCEPT FOR AN INDIVIDUAL WHO IS UNDERTAKING A

STUDENT TEACHER PROGRAM AS REQUIRED UNDER 22 PA. CODE §

354.25(F) (RELATING TO PREPARATION PROGRAM CURRICULUM) FOR

EDUCATOR PREPARATION PROGRAMS.

(3.1) DURING AN INDIVIDUAL'S STUDENT TEACHER PROGRAM

REQUIRED UNDER 22 PA. CODE § 354.25(F) (RELATING TO PREPARATION

PROGRAM CURRICULUM) FOR EDUCATOR PREPARATION PROGRAMS, THE

INDIVIDUAL MAY SERVE AS A SUBSTITUTE TEACHER FOR NO MORE THAN

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TEN (10) DAYS IN THE INDIVIDUAL'S ASSIGNED CLASSROOM OR

CLASSROOMS OR FOR OTHER TEACHERS WITHIN THE BUILDING OR

BUILDINGS IN WHICH THE INDIVIDUAL HAS BEEN PLACED AS A STUDENT

TEACHER.

* * *

SECTION 4. SECTION 1215 OF THE ACT IS AMENDED TO READ:

SECTION 1215. LOCALLY ISSUED TEMPORARY CERTIFICATION FOR

SUBSTITUTE TEACHERS.--A TEMPORARY SUBSTITUTE TEACHER CERTIFICATE

MAY BE ISSUED BY A PUBLIC SCHOOL ENTITY TO AN INDIVIDUAL WHO

PRESENTS A LETTER FROM A COLLEGE OR UNIVERSITY VERIFYING THAT

THE INDIVIDUAL HAS COMPLETED AN APPROVED TEACHER PREPARATION

PROGRAM, HAS SUCCESSFULLY COMPLETED THE CERTIFICATION TESTING

REQUIREMENTS OR IS IN THE PROCESS OF SCHEDULING THE REQUIRED

CERTIFICATION TESTING AND HAS COMPLETED ALL REQUIREMENTS FOR THE

AWARDING OF A BACHELOR'S DEGREE ON A DATE CERTAIN. THE TEMPORARY

SUBSTITUTE TEACHER CERTIFICATE SHALL ONLY BE USED FOR DAY-TO-DAY

ASSIGNMENTS AND SHALL EXPIRE UPON THE TERMINATION OF ANY SUMMER

SCHOOL CONDUCTED IN THE SUMMER WHICH FOLLOWS THE DATE OF

ISSUANCE OR UPON THE RECEIPT OF INSTRUCTIONAL I CERTIFICATION BY

THE INDIVIDUAL. [FOR THE 2021-2022 AND 2022-2023 SCHOOL YEARS,

THE] THE TEMPORARY SUBSTITUTE TEACHER CERTIFICATE ISSUED UNDER

THIS SECTION MAY BE USED FOR ASSIGNMENTS OF MORE THAN TWENTY

(20) CONSECUTIVE DAYS TO FILL A POSITION DUE TO THE ABSENCE OF

PROFESSIONAL CERTIFIED PERSONNEL.

SECTION 5. SECTION 1218 OF THE ACT, EXPIRED JUNE 30, 2023,

IS REPEALED:

[SECTION 1218. PERMIT FOR CLASSROOM MONITORS.--(A) A SCHOOL

ENTITY MAY REQUEST THAT THE DEPARTMENT ISSUE A CLASSROOM MONITOR

PERMIT TO ALLOW AN INDIVIDUAL TO DELIVER TO STUDENTS ASSIGNMENTS

THAT ARE PREPLANNED BY A PROFESSIONAL EMPLOYE OR TEMPORARY

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PROFESSIONAL EMPLOYE. A CLASSROOM MONITOR MAY NOT PLAN LESSONS

OR CREATE OR GRADE STUDENT WORK.

(B) AN INDIVIDUAL RECEIVING A PERMIT UNDER SUBSECTION (A)

SHALL SATISFY ALL OF THE FOLLOWING:

(1) HAS COMPLETED AT LEAST SIXTY (60) SEMESTER HOURS OR THE

EQUIVALENT OF COURSES AT A COLLEGE OR UNIVERSITY LOCATED IN THIS

COMMONWEALTH AND ACCREDITED BY A REGIONAL ACCREDITING AGENCY, OR

HAS AT LEAST THREE (3) YEARS' EXPERIENCE AS A PARAPROFESSIONAL

IN A SCHOOL ENTITY AND IS CURRENTLY EMPLOYED AS A

PARAPROFESSIONAL IN A SCHOOL ENTITY.

(2) HAS MET THE REQUIREMENTS UNDER SECTIONS 111, 111.1 AND

1109(A) AND 23 PA.C.S. CH. 63 SUBCH. C (RELATING TO POWERS AND

DUTIES OF DEPARTMENT).

(3) HAS ATTAINED A MINIMUM AGE OF TWENTY-FIVE (25) YEARS.

(4) HAS COMPLETED TRAINING ON CLASSROOM MANAGEMENT PROVIDED

BY AN INTERMEDIATE UNIT AND APPROVED BY THE DEPARTMENT.

IS ALREADY EMPLOYED BY THE SCHOOL ENTITY AS A PARAPROFESSIONAL

SHALL RECEIVE THE HIGHER OF THE INDIVIDUAL'S EXISTING

CONTRACTUAL COMPENSATION OR THE COMPENSATION ESTABLISHED BY THE

SCHOOL ENTITY FOR DAY-TO-DAY SUBSTITUTE TEACHERS.

(D) EACH SCHOOL ENTITY THAT USES THE SERVICES OF A CLASSROOM

MONITOR UNDER THIS SECTION SHALL ENSURE THAT EACH STUDENT WHO

RECEIVES SERVICES UNDER AN INDIVIDUALIZED EDUCATION PROGRAM

UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (PUBLIC

LAW 91-230, 20 U.S.C. § 1400 ET SEQ.) RECEIVES A FREE AND

APPROPRIATE PUBLIC EDUCATION AS REQUIRED UNDER THE INDIVIDUALS

WITH DISABILITIES EDUCATION ACT.

(E) EACH SCHOOL ENTITY SHALL REPORT TO THE DEPARTMENT THE

FOLLOWING BY MARCH 31, 2023:

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(1) THE NUMBER OF INDIVIDUALS WHO SERVED AS CLASSROOM

MONITORS UNDER THIS SECTION AND THE NUMBER OF DAYS ON WHICH THE

SCHOOL ENTITY USED THE SERVICES OF CLASSROOM MONITORS.

(2) THE SCHOOL ENTITY'S DAY-TO-DAY SUBSTITUTE TEACHER

COMPENSATION RATES IN THE 2020-2021, 2021-2022 AND 2022-2023

SCHOOL YEARS. FOR A SCHOOL ENTITY THAT USES A THIRD-PARTY ENTITY

TO PROVIDE SUBSTITUTE TEACHERS, THE RATE REPORTED BY THE SCHOOL

ENTITY SHALL BE THE TAKE-HOME AMOUNT RECEIVED BY AN INDIVIDUAL,

EXCLUDING THE PORTION PAID TO THE THIRD-PARTY ENTITY. THE

DEPARTMENT SHALL ISSUE RULES NECESSARY TO EFFECTUATE THIS

SUBSECTION.

(F) BY APRIL 15, 2023, THE DEPARTMENT SHALL ISSUE A REPORT

ON THE EFFECTIVENESS OF THE CLASSROOM MONITOR PERMIT AND

RECOMMENDATIONS FOR IMPROVEMENT OR CONTINUATION OF THE PERMIT.

THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE INFORMATION

REPORTED TO THE DEPARTMENT UNDER SUBSECTION (E) AND A FORMAL

EVALUATION OF THE PERMIT AND ITS EFFECTIVENESS BY AN INDEPENDENT

RESEARCH ORGANIZATION WHICH MAY INCLUDE A COLLEGE OR UNIVERSITY

ACCREDITED BY A REGIONAL ACCREDITING AGENCY. THE REPORT SHALL BE

SUBMITTED TO THE GENERAL ASSEMBLY AND THE STATE BOARD AND SHALL

BE POSTED ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET

WEBSITE.

(G) THIS SECTION SHALL EXPIRE ON JUNE 30, 2023.]

SECTION 6. THE ACT IS AMENDED BY ADDING A SECTION TO READ:

SECTION 1218.1. PERMIT FOR CLASSROOM MONITORS.--(A) A

SCHOOL ENTITY MAY REQUEST THAT THE DEPARTMENT ISSUE A CLASSROOM

MONITOR PERMIT TO ALLOW AN INDIVIDUAL TO DELIVER TO STUDENTS

ASSIGNMENTS THAT ARE PREPLANNED BY A PROFESSIONAL EMPLOYE OR

TEMPORARY PROFESSIONAL EMPLOYE. A CLASSROOM MONITOR MAY NOT PLAN

LESSONS OR CREATE OR GRADE STUDENT WORK.

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(B) AN INDIVIDUAL RECEIVING A PERMIT UNDER SUBSECTION (A)

SHALL SATISFY ALL OF THE FOLLOWING:

(1) HAS COMPLETED AT LEAST SIXTY (60) SEMESTER HOURS OR THE

EQUIVALENT OF COURSES AT A COLLEGE OR UNIVERSITY LOCATED IN THIS

COMMONWEALTH AND ACCREDITED BY A REGIONAL ACCREDITING AGENCY OR

HAS AT LEAST THREE (3) YEARS' EXPERIENCE AS A PARAPROFESSIONAL

IN A SCHOOL ENTITY AND IS CURRENTLY EMPLOYED AS A

PARAPROFESSIONAL IN A SCHOOL ENTITY.

(2) HAS MET THE REQUIREMENTS UNDER SECTIONS 111, 111.1 AND

1109(A) AND 23 PA.C.S. CH. 63 SUBCH. C (RELATING TO POWERS AND

DUTIES OF DEPARTMENT).

(3) HAS ATTAINED A MINIMUM AGE OF TWENTY-FIVE (25) YEARS.

(4) HAS COMPLETED TRAINING ON CLASSROOM MANAGEMENT PROVIDED

BY AN INTERMEDIATE UNIT AND APPROVED BY THE DEPARTMENT.

IS ALREADY EMPLOYED BY THE SCHOOL ENTITY AS A PARAPROFESSIONAL

SHALL RECEIVE THE HIGHER OF THE INDIVIDUAL'S EXISTING

CONTRACTUAL COMPENSATION OR THE COMPENSATION ESTABLISHED BY THE

SCHOOL ENTITY FOR DAY-TO-DAY SUBSTITUTE TEACHERS.

(D) EACH SCHOOL ENTITY THAT USES THE SERVICES OF A CLASSROOM

MONITOR UNDER THIS SECTION SHALL ENSURE THAT EACH STUDENT WHO

RECEIVES SERVICES UNDER AN INDIVIDUALIZED EDUCATION PROGRAM

UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (PUBLIC

LAW 91-230, 20 U.S.C. § 1400 ET SEQ.) RECEIVES A FREE AND

APPROPRIATE PUBLIC EDUCATION AS REQUIRED UNDER THE INDIVIDUALS

WITH DISABILITIES EDUCATION ACT.

(E) EACH SCHOOL ENTITY SHALL REPORT TO THE DEPARTMENT THE

FOLLOWING BY MARCH 31, 2026:

(1) THE NUMBER OF INDIVIDUALS WHO SERVED AS CLASSROOM

MONITORS UNDER THIS SECTION AND THE NUMBER OF DAYS ON WHICH THE

20230SB0843PN1239 - 13 -

SCHOOL ENTITY USED THE SERVICES OF CLASSROOM MONITORS.

(2) THE SCHOOL ENTITY'S DAY-TO-DAY SUBSTITUTE TEACHER

COMPENSATION RATES IN EACH OF THE SCHOOL YEARS FROM 2020-2021

THROUGH 2025-2026. FOR A SCHOOL ENTITY THAT USES A THIRD-PARTY

ENTITY TO PROVIDE SUBSTITUTE TEACHERS, THE RATE REPORTED BY THE

SCHOOL ENTITY SHALL BE THE TAKE-HOME AMOUNT RECEIVED BY AN

INDIVIDUAL, EXCLUDING THE PORTION PAID TO THE THIRD-PARTY

ENTITY. THE DEPARTMENT SHALL ISSUE RULES NECESSARY TO EFFECTUATE

THIS SUBSECTION.

(F) BY APRIL 15, 2026, THE DEPARTMENT SHALL ISSUE A REPORT

ON THE EFFECTIVENESS OF THE CLASSROOM MONITOR PERMIT AND

RECOMMENDATIONS FOR IMPROVEMENT OR CONTINUATION OF THE PERMIT.

THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE INFORMATION

REPORTED TO THE DEPARTMENT UNDER SUBSECTION (E) AND A FORMAL

EVALUATION OF THE PERMIT AND ITS EFFECTIVENESS BY AN INDEPENDENT

RESEARCH ORGANIZATION WHICH MAY INCLUDE A COLLEGE OR UNIVERSITY

ACCREDITED BY A REGIONAL ACCREDITING AGENCY. THE REPORT SHALL BE

SUBMITTED TO THE GENERAL ASSEMBLY AND THE STATE BOARD AND SHALL

BE POSTED ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET

WEBSITE.

(G) THIS SECTION SHALL EXPIRE ON JUNE 30, 2026.

SECTION 7. THE ACT IS AMENDED BY ADDING ARTICLES TO READ:

ARTICLE XII-B

INTERSTATE TEACHER MOBILITY COMPACT

Section 1201-B. Scope of article.

This article relates to the Interstate Teacher Mobility

Compact.

Section 1202-B. Authority to execute compact.

The Governor of Pennsylvania, on behalf of this State, is

authorized to execute a compact in substantially the following

20230SB0843PN1239 - 14 -

form with any one or more of the states of the United States and

the General Assembly hereby signifies in advance its approval

and ratification of the compact:

INTERSTATE TEACHER MOBILITY COMPACT

ARTICLE I- PURPOSE

The purpose of this Compact is to facilitate the mobility of

Teachers across the Member States, with the goal of supporting

Teachers through a new pathway to licensure. Through this

Compact, the Member States seek to establish a collective

regulatory framework that expedites and enhances the ability of

Teachers to move across State lines.

This Compact is intended to achieve the following objectives

and should be interpreted accordingly. The Member States hereby

ratify the same intentions by subscribing hereto.

A. Create a streamlined pathway to licensure mobility for

Teachers;

B. Support the relocation of Eligible Military Spouses;

C. Facilitate and enhance the exchange of licensure,

investigative, and disciplinary information between the Member

States;

D. Enhance the power of State and district level education

officials to hire qualified, competent Teachers by removing

barriers to the employment of out-of-state Teachers;

E. Support the retention of Teachers in the profession by

removing barriers to relicensure in a new State; and

F. Maintain State sovereignty in the regulation of the

teaching profession.

ARTICLE II- DEFINITIONS

As used in this Compact, and except as otherwise provided,

the following definitions shall govern the terms herein:

20230SB0843PN1239 - 15 -

A. "Active Military Member" - means any person with full-time

duty status in the armed forces of the United States, including

members of the National Guard and Reserve.

B. "Adverse Action" - means any limitation or restriction

imposed by a Member State's Licensing Authority, such as

revocation, suspension, reprimand, probation, or limitation on

the licensee's ability to work as a Teacher.

C. "Bylaws" - means those bylaws established by the

Commission.

D. "Career and Technical Education License" - means a

current, valid authorization issued by a Member State's

Licensing Authority allowing an individual to serve as a Teacher

in P-12 public educational settings in a specific career and

technical education area.

E. "Charter Member States" - means a Member State that has

enacted legislation to adopt this Compact where such legislation

predates the initial meeting of the Commission after the

effective date of the Compact.

F. "Commission" - means the interstate administrative body

which membership consists of delegates of all States that have

enacted this Compact, and which is known as the Interstate

Teacher Mobility Compact Commission.

G. "Commissioner" - means the delegate of a Member State.

H. "Eligible License" - means a license to engage in the

teaching profession which requires at least a bachelor's degree

and the completion of a state approved program for Teacher

licensure.

I. "Eligible Military Spouse" - means the spouse of any

individual in full-time duty status in the active armed forces

of the United States including members of the National Guard and

20230SB0843PN1239 - 16 -

Reserve moving as a result of a military mission or military

career progression requirements or are on their terminal move as

a result of separation or retirement (to include surviving

spouses of deceased military members).

J. "Executive Committee" - means a group of Commissioners

elected or appointed to act on behalf of, and within the powers

granted to them by, the Commission as provided for herein.

K. "Licensing Authority" - means an official, agency, board,

or other entity of a State that is responsible for the licensing

and regulation of Teachers authorized to teach in P-12 public

educational settings.

L. "Member State" - means any State that has adopted this

Compact, including all agencies and officials of such a State.

M. "Receiving State" - means any State where a Teacher has

applied for licensure under this Compact.

N. "Rule" - means any regulation promulgated by the

Commission under this Compact, which shall have the force of law

in each Member State.

O. "State" - means a state, territory, or possession of the

United States, and the District of Columbia.

P. "State Practice Laws" - means a Member State's laws,

Rules, and regulations that govern the teaching profession,

define the scope of such profession, and create the methods and

grounds for imposing discipline.

Q. "State Specific Requirements" - means a requirement for

licensure covered in coursework or examination that includes

content of unique interest to the State.

R. "Teacher" - means an individual who currently holds an

authorization from a Member State that forms the basis for

employment in the P-12 public schools of the State to provide

20230SB0843PN1239 - 17 -

instruction in a specific subject area, grade level, or student

population.

S. "Unencumbered License" - means a current, valid

authorization issued by a Member State's Licensing Authority

allowing an individual to serve as a Teacher in P-12 public

educational settings. A Unencumbered License is not a

restricted, probationary, provisional, substitute or temporary

credential.

ARTICLE III- LICENSURE UNDER THE COMPACT

A. Licensure under this Compact pertains only to the initial

grant of a license by the Receiving State. Nothing herein

applies to any subsequent or ongoing compliance requirements

that a Receiving State might require for Teachers.

B. Each Member State shall, in accordance with the Rules of

the Commission, define, compile, and update as necessary, a list

of Eligible Licenses and Career and Technical Education Licenses

that the Member State is willing to consider for equivalency

under this Compact and provide the list to the Commission. The

list shall include those licenses that a Receiving State is

willing to grant to Teachers from other Member States, pending a

determination of equivalency by the Receiving State's Licensing

Authority.

C. Upon the receipt of an application for licensure by a

Teacher holding an Unencumbered Eligible License, the Receiving

State shall determine which of the Receiving State's Eligible

Licenses the Teacher is qualified to hold and shall grant such a

license or licenses to the applicant. Such a determination shall

be made in the sole discretion of the Receiving State's

Licensing Authority and may include a determination that the

applicant is not eligible for any of the Receiving State's

20230SB0843PN1239 - 18 -

Eligible Licenses. For all Teachers who hold an Unencumbered

License, the Receiving State shall grant one or more

Unencumbered License(s) that, in the Receiving State's sole

discretion, are equivalent to the license(s) held by the Teacher

in any other Member State.

D. For Active Military Members and Eligible Military Spouses

who hold a license that is not Unencumbered, the Receiving State

shall grant an equivalent license or licenses that, in the

Receiving State's sole discretion, is equivalent to the license

or licenses held by the Teacher in any other Member State,

except where the Receiving State does not have an equivalent

license.

E. For a Teacher holding an Unencumbered Career and Technical

Education License, the Receiving State shall grant an

Unencumbered License equivalent to the Career and Technical

Education License held by the applying Teacher and issued by

another Member State, as determined by the Receiving State in

its sole discretion, except where a Career and Technical

Education Teacher does not hold a bachelor's degree and the

Receiving State requires a bachelor's degree for licenses to

teach Career and Technical Education. A Receiving State may

require Career and Technical Education Teachers to meet State

industry recognized requirements, if required by law in the

Receiving State.

ARTICLE IV- LICENSURE NOT UNDER THE COMPACT

A. Except as provided in Article III above, nothing in this

Compact shall be construed to limit or inhibit the power of a

Member State to regulate licensure or endorsements overseen by

the Member State's Licensing Authority.

B. When a Teacher is required to renew a license received

20230SB0843PN1239 - 19 -

pursuant to this Compact, the State granting such a license may

require the Teacher to complete State Specific Requirements as a

condition of licensure renewal or advancement in that State.

C. For the purposes of determining compensation, a Receiving

State may require additional information from Teachers receiving

a license under the provisions of this Compact.

D. Nothing in this Compact shall be construed to limit the

power of a Member State to control and maintain ownership of its

information pertaining to Teachers, or limit the application of

a Member State's laws or regulations governing the ownership,

use, or dissemination of information pertaining to Teachers.

E. Nothing in this Compact shall be construed to invalidate

or alter any existing agreement or other cooperative arrangement

which a Member State may already be a party to, or limit the

ability of a Member State to participate in any future agreement

or other cooperative arrangement to:

1. Award teaching licenses or other benefits based on

additional professional credentials, including, but not

limited to National Board Certification;

2. Participate in the exchange of names of Teachers whose

license has been subject to an Adverse Action by a Member

State; or

3. Participate in any agreement or cooperative

arrangement with a non-Member State.

ARTICLE V- TEACHER QUALIFICATIONS AND REQUIREMENTS FOR LICENSURE

UNDER THE COMPACT

A. Except as provided for Active Military Members or Eligible

Military Spouses in Article III.D above, a Teacher may only be

eligible to receive a license under this Compact where that

Teacher holds an Unencumbered License in a Member State.

20230SB0843PN1239 - 20 -

B. A Teacher eligible to receive a license under this Compact

shall, unless otherwise provided for herein:

1. Upon their application to receive a license under this

Compact, undergo a criminal background check in the Receiving

State in accordance with the laws and regulations of the

Receiving State; and

2. Provide the Receiving State with information in

addition to the information required for licensure for the

purposes of determining compensation, if applicable.

ARTICLE VI- DISCIPLINE / ADVERSE ACTIONS

A. Nothing in this Compact shall be deemed or construed to

limit the authority of a Member State to investigate or impose

disciplinary measures on Teachers according to the State

Practice Laws thereof.

B. Member States shall be authorized to receive, and shall

provide, files and information regarding the investigation and

discipline, if any, of Teachers in other Member States upon

request. Any Member State receiving such information or files

shall protect and maintain the security and confidentiality

thereof, in at least the same manner that it maintains its own

investigatory or disciplinary files and information. Prior to

disclosing any disciplinary or investigatory information

received from another Member State, the disclosing state shall

communicate its intention and purpose for such disclosure to the

Member State which originally provided that information.

ARTICLE VII- ESTABLISHMENT OF THE INTERSTATE TEACHER MOBILITY

COMPACT COMMISSION

A. The interstate compact Member States hereby create and

establish a joint public agency known as the Interstate Teacher

Mobility Compact Commission:

20230SB0843PN1239 - 21 -

1. The Commission is a joint interstate governmental

agency comprised of States that have enacted the Interstate

Teacher Mobility Compact.

2. Nothing in this interstate compact shall be construed

to be a waiver of sovereign immunity.

B. Membership, Voting, and Meetings

1. Each Member State shall have and be limited to one (1)

delegate to the Commission, who shall be given the title of

Commissioner.

2. The Commissioner shall be the primary administrative

officer of the State Licensing Authority or their designee.

3. Any Commissioner may be removed or suspended from

office as provided by the law of the state from which the

Commissioner is appointed.

4. The Member State shall fill any vacancy occurring in

the Commission within 90 days.

5. Each Commissioner shall be entitled to one (1) vote

about the promulgation of Rules and creation of Bylaws and

shall otherwise have an opportunity to participate in the

business and affairs of the Commission. A Commissioner shall

vote in person or by such other means as provided in the

Bylaws. The Bylaws may provide for Commissioners'

participation in meetings by telephone or other means of

communication.

6. The Commission shall meet at least once during each

calendar year. Additional meetings shall be held as set forth

in the Bylaws.

7. The Commission shall establish by Rule a term of

office for Commissioners.

C. The Commission shall have the following powers and duties:

20230SB0843PN1239 - 22 -

1. Establish a Code of Ethics for the Commission.

2. Establish the fiscal year of the Commission.

3. Establish Bylaws for the Commission.

4. Maintain its financial records in accordance with the

Bylaws of the Commission.

5. Meet and take such actions as are consistent with the

provisions of this interstate compact, the Bylaws, and Rules

of the Commission.

6. Promulgate uniform Rules to implement and administer

this interstate compact. The Rules shall have the force and

effect of law and shall be binding in all Member States. In

the event the Commission exercises its Rulemaking authority

in a manner that is beyond the scope of the purposes of the

compact, or the powers granted hereunder, then such an action

by the Commission shall be invalid and have no force and

effect of law.

7. Bring and prosecute legal proceedings or actions in

the name of the Commission, provided that the standing of any

Member State Licensing Authority to sue or be sued under

applicable law shall not be affected.

8. Purchase and maintain insurance and bonds.

9. Borrow, accept, or contract for services of personnel,

including, but not limited to, employees of a Member State,

or an associated nongovernmental organization that is open to

membership by all states.

10.Hire employees, elect, or appoint officers, fix

compensation, define duties, grant such individuals

appropriate authority to carry out the purposes of the

compact, and establish the Commission's personnel policies

and programs relating to conflicts of interest,

20230SB0843PN1239 - 23 -

qualifications of personnel, and other related personnel

matters.

11.Lease, purchase, accept appropriate gifts or donations

of, or otherwise own, hold, improve, or use, any property,

real, personal or mixed, provided that at all times the

Commission shall avoid any appearance of impropriety.

12.Sell, convey, mortgage, pledge, lease, exchange,

abandon, or otherwise dispose of any property real, personal,

or mixed.

13.Establish a budget and make expenditures.

14.Borrow money.

15.Appoint committees, including standing committees

composed of members and such other interested persons as may

be designated in this interstate compact, Rules, or Bylaws.

16.Provide and receive information from, and cooperate

with, law enforcement agencies.

17.Establish and elect an Executive Committee.

18.Establish and develop a charter for an Executive

Information Governance Committee to advise on facilitating

exchange of information; use of information, data privacy,

and technical support needs, and provide reports as needed.

19.Perform such other functions as may be necessary or

appropriate to achieve the purposes of this interstate

compact consistent with the State regulation of Teacher

licensure.

20.Determine whether a State's adopted language is

materially different from the model compact language such

that the State would not qualify for participation in the

Compact.

D. The Executive Committee of the Interstate Teacher Mobility

20230SB0843PN1239 - 24 -

Compact Commission.

1. The Executive Committee shall have the power to act on

behalf of the Commission according to the terms of this

interstate compact.

2. The Executive Committee shall be composed of eight

voting members:

a. The Commission chair, vice chair, and treasurer;

and

b. Five members who are elected by the Commission

from the current membership:

i. Four voting members representing geographic

regions in accordance with Commission Rules; and

ii. One at large voting member in accordance with

Commission Rules.

3. The Commission may add or remove members of the

Executive Committee as provided in Commission Rules.

4. The Executive Committee shall meet at least once

annually.

5. The Executive Committee shall have the following

duties and responsibilities:

a. Recommend to the entire Commission changes to the

Rules or Bylaws, changes to the compact legislation, fees

paid by interstate compact Member States such as annual

dues, and any compact fee charged by the Member States on

behalf of the Commission.

b. Ensure Commission administration services are

appropriately provided, contractual or otherwise.

c. Prepare and recommend the budget.

d. Maintain financial records on behalf of the

Commission.

20230SB0843PN1239 - 25 -

e. Monitor compliance of Member States and provide

reports to the Commission.

f. Perform other duties as provided in Rules or

Bylaws.

6. Meetings of the Commission

a. All meetings shall be open to the public, and

public notice of meetings shall be given in accordance

with Commission Bylaws.

b. The Commission or the Executive Committee or other

committees of the Commission may convene in a closed,

non-public meeting if the Commission or Executive

Committee or other committees of the Commission must

discuss:

i. Non-compliance of a Member State with its

obligations under the compact.

ii. The employment, compensation, discipline or

other matters, practices or procedures related to

specific employees or other matters related to the

Commission's internal personnel practices and

procedures.

iii. Current, threatened, or reasonably

anticipated litigation.

iv. Negotiation of contracts for the purchase,

lease, or sale of goods, services, or real estate.

v. Accusing any person of a crime or formally

censuring any person.

vi. Disclosure of trade secrets or commercial or

financial information that is privileged or

confidential.

vii. Disclosure of information of a personal

20230SB0843PN1239 - 26 -

nature where disclosure would constitute a clearly

unwarranted invasion of personal privacy.

viii. Disclosure of investigative records

compiled for law enforcement purposes.

ix. Disclosure of information related to any

investigative reports prepared by or on behalf of or

for use of the Commission or other committee charged

with responsibility of investigation or determination

of compliance issues pursuant to the compact.

x. Matters specifically exempted from disclosure

by federal or Member State statute.

xi. Others matters as set forth by Commission

Bylaws and Rules.

c. If a meeting, or portion of a meeting, is closed

pursuant to this provision, the Commission's legal

counsel or designee shall certify that the meeting may be

closed and shall reference each relevant exempting

provision.

d. The Commission shall keep minutes of Commission

meetings and shall provide a full and accurate summary of

actions taken, and the reasons therefore, including a

description of the views expressed. All documents

considered in connection with an action shall be

identified in such minutes. All minutes and documents of

a closed meeting shall remain under seal, subject to

release by a majority vote of the Commission or order of

a court of competent jurisdiction.

7. Financing of the Commission

a. The Commission shall pay, or provide for the

payment of, the reasonable expenses of its establishment,

20230SB0843PN1239 - 27 -

organization, and ongoing activities.

b. The Commission may accept all appropriate

donations and grants of money, equipment, supplies,

materials, and services, and receive, utilize, and

dispose of the same, provided that at all times the

Commission shall avoid any appearance of impropriety or

conflict of interest.

c. The Commission may levy on and collect an annual

assessment from each Member State or impose fees on other

parties to cover the cost of the operations and

activities of the Commission, in accordance with the

Commission Rules.

d. The Commission shall not incur obligations of any

kind prior to securing the funds adequate to meet the

same; nor shall the Commission pledge the credit of any

of the Member States, except by and with the authority of

the Member State.

e. The Commission shall keep accurate accounts of all

receipts and disbursements. The receipts and

disbursements of the Commission shall be subject to

accounting procedures established under Commission

Bylaws. All receipts and disbursements of funds of the

Commission shall be reviewed annually in accordance with

Commission Bylaws, and a report of the review shall be

included in and become part of the annual report of the

Commission.

8. Qualified Immunity, Defense, and Indemnification

a. The members, officers, executive director,

employees and representatives of the Commission shall be

immune from suit and liability, either personally or in

20230SB0843PN1239 - 28 -

their official capacity, for any claim for damage to or

loss of property or personal injury or other civil

liability caused by or arising out of any actual or

alleged act, error or omission that occurred, or that the

person against whom the claim is made had a reasonable

basis for believing occurred within the scope of

Commission employment, duties or responsibilities;

provided that nothing in this paragraph shall be

construed to protect any such person from suit or

liability for any damage, loss, injury, or liability

caused by the intentional or willful or wanton misconduct

of that person.

b. The Commission shall defend any member, officer,

executive director, employee, or representative of the

Commission in any civil action seeking to impose

liability arising out of any actual or alleged act,

error, or omission that occurred within the scope of

Commission employment, duties, or responsibilities, or

that the person against whom the claim is made had a

reasonable basis for believing occurred within the scope

of Commission employment, duties, or responsibilities;

provided that nothing herein shall be construed to

prohibit that person from retaining his or her own

counsel; and provided further, that the actual or alleged

act, error, or omission did not result from that person's

intentional or willful or wanton misconduct.

c. The Commission shall indemnify and hold harmless

any member, officer, executive director, employee, or

representative of the Commission for the amount of any

settlement or judgment obtained against that person

20230SB0843PN1239 - 29 -

arising out of any actual or alleged act, error or

omission that occurred within the scope of Commission

employment, duties, or responsibilities, or that such

person had a reasonable basis for believing occurred

within the scope of Commission employment, duties, or

responsibilities, provided that the actual or alleged

act, error, or omission did not result from the

intentional or willful or wanton misconduct of that

person.

ARTICLE VIII- RULEMAKING

A. The Commission shall exercise its Rulemaking powers

pursuant to the criteria set forth in this interstate compact

and the Rules adopted thereunder. Rules and amendments shall

become binding as of the date specified in each Rule or

amendment.

B. The Commission shall promulgate reasonable Rules to

achieve the intent and purpose of this interstate compact. In

the event the Commission exercises its Rulemaking authority in a

manner that is beyond purpose and intent of this interstate

compact, or the powers granted hereunder, then such an action by

the Commission shall be invalid and have no force and effect of

law in the Member States.

C. If a majority of the legislatures of the Member States

rejects a Rule, by enactment of a statute or resolution in the

same manner used to adopt the compact within four (4) years of

the date of adoption of the Rule, then such Rule shall have no

further force and effect in any Member State.

D. Rules or amendments to the Rules shall be adopted or

ratified at a regular or special meeting of the Commission in

accordance with Commission Rules and Bylaws.

20230SB0843PN1239 - 30 -

E. Upon determination that an emergency exists, the

Commission may consider and adopt an emergency Rule with 48

hours' notice, with opportunity to comment, provided that the

usual Rulemaking procedures shall be retroactively applied to

the Rule as soon as reasonably possible, in no event later than

ninety (90) days after the effective date of the Rule. For the

purposes of this provision, an emergency Rule is one that must

be adopted immediately in order to:

1. Meet an imminent threat to public health, safety, or

welfare.

2. Prevent a loss of Commission or Member State funds.

3. Meet a deadline for the promulgation of an

administrative Rule that is established by federal law or

Rule; or

4. Protect public health and safety.

ARTICLE IX- FACILITATING INFORMATION EXCHANGE

A. The Commission shall provide for facilitating the exchange

of information to administer and implement the provisions of

this compact in accordance with the Rules of the Commission,

consistent with generally accepted data protection principles.

B. Nothing in this compact shall be deemed or construed to

alter, limit, or inhibit the power of a Member State to control

and maintain ownership of its licensee information or alter,

limit, or inhibit the laws or regulations governing licensee

information in the Member State.

ARTICLE X- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

A. Oversight

1. The executive and judicial branches of State

government in each Member State shall enforce this Compact

and take all actions necessary and appropriate to effectuate

20230SB0843PN1239 - 31 -

the Compact's purposes and intent. The provisions of this

Compact shall have standing as statutory law.

2. Venue is proper and judicial proceedings by or against

the Commission shall be brought solely and exclusively in a

court of competent jurisdiction where the principal office of

the Commission is located. The Commission may waive venue and

jurisdictional defenses to the extent it adopts or consents

to participate in alternative dispute resolution proceedings.

Nothing herein shall affect or limit the selection or

propriety of venue in any action against a licensee for

professional malpractice, misconduct or any such similar

matter.

3. All courts and all administrative agencies shall take

judicial notice of the Compact, the Rules of the Commission,

and any information provided to a Member State pursuant

thereto in any judicial or quasi-judicial proceeding in a

Member State pertaining to the subject matter of this

Compact, or which may affect the powers, responsibilities, or

actions of the Commission.

4. The Commission shall be entitled to receive service of

process in any proceeding regarding the enforcement or

interpretation of the Compact and shall have standing to

intervene in such a proceeding for all purposes. Failure to

provide the Commission service of process shall render a

judgment or order void as to the Commission, this Compact, or

promulgated Rules.

B. Default, Technical Assistance, and Termination

1. If the Commission determines that a Member State has

defaulted in the performance of its obligations or

responsibilities under this Compact or the promulgated Rules,

20230SB0843PN1239 - 32 -

the Commission shall:

a. Provide written notice to the defaulting State and

other Member States of the nature of the default, the

proposed means of curing the default or any other action

to be taken by the Commission; and

b. Provide remedial training and specific technical

assistance regarding the default.

C. If a State in default fails to cure the default, the

defaulting State may be terminate from the Compact upon an

affirmative vote of a majority of the Commissioners of the

Member States, and all rights, privileges and benefits conferred

on that State by this Compact may be terminated on the effective

date of termination. A cure of the default does not relieve the

offending State of obligations or liabilities incurred during

the period of default.

D. Termination of membership in the Compact shall be imposed

only after all other means of securing compliance have been

exhausted. Notice of intent to suspend or terminate shall be

given by the Commission to the governor, the majority and

minority leaders of the defaulting State's legislature, the

State Licensing Authority and each of the Member States.

E. A State that has been terminated is responsible for all

assessments, obligations, and liabilities incurred through the

effective date of termination, including obligations that extend

beyond the effective date of termination.

F. The Commission shall not bear any costs related to a State

that is found to be in default or that has been terminated from

the Compact, unless agreed upon in writing between the

Commission and the defaulting State.

G. The defaulting State may appeal the action of the

20230SB0843PN1239 - 33 -

Commission by petitioning the U.S. District Court for the

District of Columbia or the federal district where the

Commission has its principal offices. The prevailing party shall

be awarded all costs of such litigation, including reasonable

attorney's fees.

H. Dispute Resolution

1. Upon request by a Member State, the Commission shall

attempt to resolve disputes related to the Compact that arise

among Member States and between Member and non-Member States.

2. The Commission shall promulgate a Rule providing for

both binding and nonbinding alternative dispute resolution

for disputes as appropriate.

I. Enforcement

1. The Commission, in the reasonable exercise of its

discretion, shall enforce the provisions and Rules of this

Compact.

2. By majority vote, the Commission may initiate legal

action in the United States District Court for the District

of Columbia or the federal district where the Commission has

its principal offices against a Member State in default to

enforce compliance with the provisions of the Compact and its

promulgated Rules and Bylaws. The relief sought may include

both injunctive relief and damages. In the event judicial

enforcement is necessary, the prevailing party shall be

awarded all costs of such litigation, including reasonable

attorney's fees. The remedies herein shall not be the

exclusive remedies of the Commission. The Commission may

pursue any other remedies available under federal or State

law.

ARTICLE XI- EFFECTUATION, WITHDRAWAL, AND AMENDMENT

20230SB0843PN1239 - 34 -

A. The Compact shall come into effect on the date on which

the Compact statute is enacted into law in the tenth Member

State.

1. On or after the effective date of the Compact, the

Commission shall convene and review the enactment of each of

the Charter Member States to determine if the statute enacted

by each such Charter Member State is materially different

from the model Compact statute.

2. A Charter Member State whose enactment is found to be

materially different from the model Compact statute shall be

entitled to the default process set forth in Article X.

3. Member States enacting the Compact subsequent to the

Charter Member States shall be subject to the process set

forth in Article VII.C.20 to determine if their enactments

are materially different from the model Compact statute and

whether they qualify for participation in the Compact.

B. If any Member State is later found to be in default, or is

terminated or withdraws from the Compact, the Commission shall

remain in existence and the Compact shall remain in effect even

if the number of Member States should be less than ten.

C. Any State that joins the Compact after the Commission's

initial adoption of the Rules and Bylaws shall be subject to the

Rules and Bylaws as they exist on the date on which the Compact

becomes law in that State. Any Rule that has been previously

adopted by the Commission shall have the full force and effect

of law on the day the Compact becomes law in that State, as the

Rules and Bylaws may be amended as provided in this Compact.

D. Any Member State may withdraw from this Compact by

enacting a statute repealing the same.

1. A Member State's withdrawal shall not take effect

20230SB0843PN1239 - 35 -

until six (6) months after enactment of the repealing

statute.

2. Withdrawal shall not affect the continuing requirement

of the withdrawing State's Licensing Authority to comply with

the investigative and Adverse Action reporting requirements

of this act prior to the effective date of withdrawal.

E. This Compact may be amended by the Member States. No

amendment to this Compact shall become effective and binding

upon any Member State until it is enacted into the laws of all

Member States.

ARTICLE XII- CONSTRUCTION AND SEVERABILITY

This Compact shall be liberally construed to effectuate the

purposes thereof. The provisions of this Compact shall be

severable and if any phrase, clause, sentence, or provision of

this Compact is declared to be contrary to the constitution of

any Member State or a State seeking membership in the compact,

or of the United States or the applicability thereof to any

other government, agency, person or circumstance is held

invalid, the validity of the remainder of this Compact and the

applicability thereof to any government, agency, person, or

circumstance shall not be affected thereby. If this Compact

shall be held contrary to the constitution of any Member State,

the Compact shall remain in full force and effect as to the

remaining Member States and in full force and effect as to the

Member State affected as to all severable matters.

ARTICLE XIII- CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE

LAWS

A. Nothing herein shall prevent or inhibit the enforcement of

any other law of a Member State that is not inconsistent with

the Compact.

20230SB0843PN1239 - 36 -

B. Any laws, statutes, regulations, or other legal

requirements in a Member State in conflict with the Compact are

superseded to the extent of the conflict.

C. All permissible agreements between the Commission and the

Member States are binding in accordance with their terms.

Section 1203-B. When and how compact becomes operative.

(a) General rule.--When the Governor executes the Interstate

Teacher Mobility Compact on behalf of this State and files a

verified copy thereof with the Secretary of the Commonwealth and

when the compact is ratified by one or more other states, the

compact shall become operative and effective between this State

and such other state or states. The Governor is authorized and

directed to take such action as may be necessary to complete the

exchange of official documents between this State and any other

state ratifying the compact.

(b) Notice in Pennsylvania Bulletin.--The Secretary of the

Commonwealth shall transmit to the Legislative Reference Bureau

for publication in the next available issue of the Pennsylvania

Bulletin a notice when the conditions specified in subsection

(a) are satisfied and shall include in the notice the date on

which the compact became effective and operative between this

State and any other state or states in accordance with this

article.

Section 1204-B. Compensation and expenses of commissioner.

The commissioner who represents this State, as provided for

in the Interstate Teacher Mobility Compact, shall not be

entitled to any additional compensation for his duties and

responsibilities as commissioner but shall be entitled to

reimbursement for reasonable expenses actually incurred in

connection with his duties and responsibilities as commissioner

20230SB0843PN1239 - 37 -

in the same manner as for expenses incurred in connection with

other duties and responsibilities of his office or employment.

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

ARTICLE XII-C

EDUCATOR PIPELINE SUPPORT GRANT PROGRAM

SECTION 1201-C. SCOPE OF ARTICLE.

THIS ARTICLE RELATES TO EDUCATOR WORKFORCE.

SECTION 1202-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:

"AGENCY." THE PENNSYLVANIA HIGHER EDUCATION ASSISTANCE

AGENCY.

"APPROVED EDUCATOR PREPARATION PROGRAM." A SEQUENCE OF

COURSES AND EXPERIENCES OFFERED BY AN INSTITUTION OF HIGHER

EDUCATION THAT IS REVIEWED AND APPROVED BY THE DEPARTMENT.

"COOPERATING TEACHER." AN INDIVIDUAL WHO SATISFIES ALL OF

THE FOLLOWING:

(1) HOLDS A CERTIFICATION UNDER SECTION 1201 IN THE

SUBJECT AREA IN WHICH THE INDIVIDUAL WILL BE PROVIDING

GUIDANCE TO THE STUDENT TEACHER.

(2) HAS RECEIVED AT LEAST THREE YEARS OF SATISFACTORY

RATINGS AS A CERTIFIED TEACHER.

(3) HAS AT LEAST ONE YEAR OF CERTIFICATED TEACHING

EXPERIENCE IN THE SCHOOL ENTITY WHERE THE STUDENT TEACHER IS

PLACED.

"DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE

COMMONWEALTH.

"INSTITUTION OF HIGHER EDUCATION." A COLLEGE OR UNIVERSITY

THAT OFFERS A PROGRAM APPROVED BY THE DEPARTMENT TO PREPARE

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<--

PROFESSIONAL PERSONNEL FOR EMPLOYMENT IN A SCHOOL ENTITY IN

ACCORDANCE WITH 22 PA. CODE CH. 49 (RELATING TO CERTIFICATION OF

PROFESSIONAL PERSONNEL).

"NONPUBLIC SCHOOL." AS DEFINED IN SECTION 923.3-A(B).

"PROGRAM." THE EDUCATOR PIPELINE SUPPORT GRANT PROGRAM

ESTABLISHED UNDER SECTION 1203-C.

"SCHOOL ENTITY." A SCHOOL DISTRICT, INTERMEDIATE UNIT, AREA

CAREER AND TECHNICAL SCHOOL, CHARTER SCHOOL, REGIONAL CHARTER

SCHOOL OR CYBER CHARTER SCHOOL OPERATING WITHIN THIS

COMMONWEALTH.

"STUDENT TEACHER." AN INDIVIDUAL PARTICIPATING IN A

CLASSROOM TEACHING EXPERIENCE WHO, AS PART OF AN APPROVED

EDUCATOR PREPARATION PROGRAM FOR THE INITIAL OR ADVANCED

PREPARATION OF PROFESSIONAL EDUCATORS, PERFORMS CLASSROOM

TEACHING OR ASSISTS IN A SCHOOL ENTITY'S OR NONPUBLIC SCHOOL'S

EDUCATION PROGRAM UNDER THE SUPERVISION OF A COOPERATING

TEACHER.

SECTION 1203-C. PROGRAM ESTABLISHMENT AND DUTIES OF AGENCY.

(A) ESTABLISHMENT.--THE EDUCATOR PIPELINE SUPPORT GRANT

PROGRAM IS ESTABLISHED WITHIN THE AGENCY.

(B) DUTIES.-- THE AGENCY, IN CONSULTATION WITH THE

DEPARTMENT, SHALL ADMINISTER THE PROGRAM AND, IN THE AGENCY'S

SOLE DISCRETION, AWARD A GRANT TO AN INDIVIDUAL WHO SUBMITS A

COMPLETED APPLICATION AND SATISFIES THE ELIGIBILITY REQUIREMENTS

UNDER SECTION 1204-C.

DATE OF THIS SUBSECTION, THE AGENCY SHALL DEVELOP AND MAKE

AVAILABLE AN APPLICATION FORM THAT AN INDIVIDUAL WHO IS SEEKING

PLACEMENT AS A STUDENT TEACHER MAY USE TO APPLY FOR A GRANT

UNDER THE PROGRAM.

20230SB0843PN1239 - 39 -

(D) (RESERVED).

(E) GRANT AMOUNT.--

(1) A STUDENT TEACHER SHALL RECEIVE A MINIMUM GRANT OF

$10,000.

(2) A PAYMENT RECEIVED BY AN INDIVIDUAL UNDER THIS

ARTICLE SHALL NOT BE INCLUDED IN CLASSES OF INCOME UNDER

SECTION 303 OF THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN

AS THE TAX REFORM CODE OF 1971.

(F) ADDITIONAL GRANT AMOUNT FOR CERTAIN AREAS.--

(1) AN ELIGIBLE STUDENT TEACHER WHO COMPLETES REQUIRED

STUDENT TEACHING IN A SCHOOL ENTITY IN AN AREA OF THIS

COMMONWEALTH THAT ATTRACTS FEW STUDENT TEACHERS OR THAT HAS A

HIGH RATE OF OPEN TEACHING POSITIONS SHALL, IN ADDITION TO

THE AMOUNT AWARDED UNDER SUBSECTION (E)(1), RECEIVE A MINIMUM

GRANT AMOUNT OF $5,000. THE AGENCY, IN CONSULTATION WITH THE

DEPARTMENT, SHALL UTILIZE DATA FROM THE DEPARTMENT TO

DETERMINE THE AREAS IDENTIFIED IN THIS PARAGRAPH.

(2) FOR THE PURPOSES OF COMPUTING THE TAX UNDER ARTICLE

III OF THE TAX REFORM CODE OF 1971, THE CLASSES OF INCOME

UNDER SECTION 303 OF THE TAX REFORM CODE OF 1971 SHALL NOT

INCLUDE A PAYMENT RECEIVED BY AN INDIVIDUAL UNDER THIS

ARTICLE.

(G) FUNDING.--

(1) THE AGENCY SHALL USE MONEY APPROPRIATED FOR THE

PURPOSE OF THE PROGRAM AND MAY ACCEPT FUNDING FROM PUBLIC AND

PRIVATE SOURCES, INCLUDING THE FEDERAL GOVERNMENT, FOR THE

PAYMENT OF GRANTS UNDER THIS SECTION.

(2) IF THE AGENCY DETERMINES THAT THE DEMAND FOR THE

PROGRAM EXCEEDS THE AVAILABLE RESOURCES, THE AGENCY MAY

REQUEST ADDITIONAL FUNDING AS PART OF THE AGENCY'S BUDGET

20230SB0843PN1239 - 40 -

REQUEST FOR THE NEXT FISCAL YEAR IN ACCORDANCE WITH SECTION

610 OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS

THE ADMINISTRATIVE CODE OF 1929.

(H) ADDITIONAL DUTIES.--WHEN THE AGENCY AWARDS A GRANT TO A

STUDENT TEACHER UNDER THIS ARTICLE, THE AGENCY SHALL ALSO AWARD

A GRANT PAYMENT TO THE STUDENT TEACHER'S COOPERATING TEACHER.

THE COOPERATING TEACHER SHALL RECEIVE A MINIMUM GRANT OF $2,500.

THE AGENCY MAY REDUCE THE GRANT AWARD AMOUNT TO A COOPERATING

TEACHER IF THE COOPERATING TEACHER RECEIVES COMPENSATION FROM AN

INSTITUTION OF HIGHER EDUCATION FOR SERVING AS A COOPERATING

TEACHER. AN INSTITUTION OF HIGHER EDUCATION MAY NOT CHARGE A

STUDENT TEACHER WHO RECEIVES A GRANT FOR THE COST OF PAYING A

COOPERATING TEACHER.

(I) DISSEMINATION OF INFORMATION.--THE AGENCY SHALL ANNUALLY

PROVIDE INFORMATION ABOUT THE PROGRAM ON THE DEPARTMENT'S

PUBLICLY ACCESSIBLE INTERNET WEBSITE AND TO ALL APPROVED

EDUCATOR PREPARATION PROGRAMS AND PUBLIC AND NONPUBLIC SECONDARY

SCHOOLS. AN APPROVED EDUCATOR PREPARATION PROGRAM SHALL ANNUALLY

DISSEMINATE INFORMATION ABOUT THE PROGRAM, INCLUDING INFORMATION

IDENTIFYING THE SCHOOL ENTITIES THAT QUALIFY THE STUDENT FOR AN

ADDITIONAL GRANT AWARD AMOUNT UNDER SUBSECTION (F).

(J) PAYMENT.--THE AGENCY SHALL ESTABLISH A METHOD FOR PAYING

GRANT AWARDS UNDER THE PROGRAM TO A SCHOOL ENTITY OR NONPUBLIC

SCHOOL. THE SCHOOL ENTITY OR NONPUBLIC SCHOOL SHALL USE ALL OF

THE MONEY RECEIVED UNDER THE PROGRAM FOR PAYMENT TO STUDENT

TEACHERS AND C OOPERATING TEACHERS AS REQUIRED BY THIS SECTION

AND THE AGENCY.

(K) ADMINISTRATIVE FEE.--THE AGENCY MAY TAKE A REASONABLE

ADMINISTRATIVE FEE FOR DIRECT COSTS ASSOCIATED WITH THE

IMPLEMENTATION, ADMINISTRATION AND SERVICING OF THE PROGRAM. THE

20230SB0843PN1239 - 41 -

FEE SHALL BE TAKEN FROM THE FUNDING RECEIVED UNDER SUBSECTION

(G) AND MAY NOT EXCEED 5%.

SECTION 1204-C. ELIGIBILITY.

(A) ELIGIBILITY.--FOR AN INDIVIDUAL TO BE ELIGIBLE FOR A

GRANT AS A STUDENT TEACHER UNDER THE PROGRAM, THE INDIVIDUAL

SHALL MEET ALL OF THE FOLLOWING:

(1) BE CURRENTLY ENROLLED IN AN INSTITUTION OF HIGHER

EDUCATION LOCATED IN THIS COMMONWEALTH.

(2) BE CURRENTLY ENROLLED IN AN APPROVED EDUCATOR

PREPARATION PROGRAM.

(3) MEET THE MINIMUM GRADE POINT AVERAGE ESTABLISHED

UNDER 22 PA. CODE § 354.24 (RELATING TO ACADEMIC

PERFORMANCE).

(4) BE PLACED IN A POSITION AS A STUDENT TEACHER AT A

SCHOOL ENTITY OR NONPUBLIC SCHOOL LOCATED IN THIS

COMMONWEALTH.

(5) HAVE OBTAINED THE NECESSARY CLEARANCES REQUIRED

UNDER SECTION 111 AND 23 PA.C.S. § 6344(A.1) (RELATING TO

EMPLOYEES HAVING CONTACT WITH CHILDREN; ADOPTIVE AND FOSTER

PARENTS).

(6) AGREE TO WORK AS A TEACHER AT A SCHOOL ENTITY OR

NONPUBLIC SCHOOL IN THIS COMMONWEALTH FOR A PERIOD OF NO LESS

THAN THREE YEARS, UNLESS THE AGENCY DETERMINES THAT THERE ARE

EXTENUATING CIRCUMSTANCES.

(B) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE DEEMED

TO CREATE A RIGHT OF AN INDIVIDUAL TO RECEIVE A GRANT UNDER THE

PROGRAM.

GRANT FROM THE AGENCY UNDER THE PROGRAM AS A STUDENT TEACHER.

THIS SUBSECTION SHALL NOT APPLY TO GRANTS RECEIVED BY A

20230SB0843PN1239 - 42 -

COOPERATING TEACHER.

SECTION 1205-C. REPORT.

(A) GENERAL RULE.--THE AGENCY SHALL PREPARE AND SUBMIT TO

THE GOVERNOR, THE SECRETARY OF EDUCATION AND THE GENERAL

ASSEMBLY NO LATER THAN DECEMBER 31, 2024, AND EACH DECEMBER 31

THEREAFTER, TO THE EXTENT THAT FUNDS ARE AVAILABLE, A REPORT

DETAILING THE OPERATION OF THE PROGRAM. THE REPORT SHALL, AT A

MINIMUM, INCLUDE:

(1) THE NUMBER OF APPLICANTS.

(2) THE NUMBER OF APPLICANTS WHO RECEIVED A GRANT UNDER

THE PROGRAM.

(3) THE NUMBER OF APPLICANTS WHO RECEIVED AN ADDITIONAL

AWARD UNDER SECTION 1203-C(F).

(4) A LIST OF SCHOOL ENTITIES OR NONPUBLIC SCHOOLS WHERE

AN APPLICANT SERVED AS A STUDENT TEACHER.

(5) A LIST OF APPROVED EDUCATOR PREPARATION PROGRAMS

WHERE APPLICANTS WHO WERE AWARDED A GRANT WERE ENROLLED.

(6) A LIST OF SCHOOL ENTITIES WHERE GRANTEES ARE

EMPLOYED FOLLOWING CERTIFICATION.

(7) THE NUMBER OF APPLICANTS WHO DID NOT FULFILL THE

REQUIREMENTS UNDER SECTION 1204-C(A)(6).

(8) ANY OTHER INFORMATION THE AGENCY DETERMINES.

(B) COORDINATION.--THE DEPARTMENT AND THE DEPARTMENT OF

LABOR AND INDUSTRY SHALL ASSIST THE AGENCY BY PROVIDING

NECESSARY DATA TO DETERMINE OUTCOMES RELATED TO THE PROGRAM.

SECTION 1206-C. DATA COLLECTION.

(A) STUDENT TEACHING PLACEMENT DATA.--THE DEPARTMENT SHALL

MAINTAIN A DATABASE OF STUDENT TEACHING OPPORTUNITIES FOR THE

UPCOMING SCHOOL YEAR. THE FOLLOWING SHALL APPLY TO THE DATABASE:

(1) A SCHOOL ENTITY OR NONPUBLIC SCHOOL WHO IS

20230SB0843PN1239 - 43 -

INTERESTED IN HOSTING A STUDENT TEACHER MAY SUBMIT TO THE

DEPARTMENT THE NUMBER OF STUDENT TEACHERS THE SCHOOL ENTITY

OR NONPUBLIC SCHOOL IS SEEKING FOR THE UPCOMING SCHOOL YEAR.

IF A SCHOOL ENTITY'S OR NONPUBLIC SCHOOL'S REQUEST FOR

STUDENT TEACHERS FROM THE PREVIOUS SCHOOL YEAR WAS NOT

FULFILLED, THE SCHOOL ENTITY OR NONPUBLIC SCHOOL MAY REPORT

THE SHORTAGE OF REQUESTED STUDENT TEACHERS.

(2) EACH APPROVED EDUCATOR PREPARATION PROGRAM SHALL

SUBMIT TO THE DEPARTMENT THE NUMBER OF STUDENT TEACHERS

PLACED BY THE APPROVED EDUCATOR PREPARATION PROGRAM IN THE

PREVIOUS SCHOOL YEAR. IF THE APPROVED EDUCATOR PREPARATION

PROGRAM HAD MORE REQUESTS FOR STUDENT TEACHERS THAN AVAILABLE

STUDENT TEACHERS, THE APPROVED EDUCATOR PREPARATION PROGRAM

SHALL REPORT THE SHORTAGE OF AVAILABLE STUDENT TEACHERS TO

THE DEPARTMENT.

(3) NO LATER THAN JULY 31, 2024, AND EACH JULY 31

THEREAFTER, EACH APPROVED EDUCATOR PREPARATION PROGRAM SHALL

REPORT:

(I) THE NUMBER OF AGREEMENTS BETWEEN APPROVED

EDUCATOR PREPARATION PROGRAMS AND SCHOOL ENTITIES OR

NONPUBLIC SCHOOLS FOR THE PURPOSE OF PLACING STUDENT

TEACHERS.

(II) THE NAME OF EACH SCHOOL ENTITY OR NONPUBLIC

SCHOOL WITH WHICH AN APPROVED EDUCATOR PREPARATION

PROGRAM ENTERED INTO AN AGREEMENT.

(III) THE NUMBER OF STUDENT TEACHERS PLACED IN THE

PREVIOUS YEAR BY AN APPROVED EDUCATOR PREPARATION PROGRAM

AND THE SCHOOL ENTITY OR NONPUBLIC SCHOOL AT WHICH THE

STUDENT TEACHER WAS PLACED.

(B) (RESERVED).

20230SB0843PN1239 - 44 -

SECTION 1207-C. MISCELLANEOUS PROVISIONS.

(A) INSTITUTIONS OF HIGHER EDUCATION.--WITHIN ONE YEAR OF

THE EFFECTIVE DATE OF THIS SECTION, IF AN INSTITUTION OF HIGHER

EDUCATION REQUIRES A STUDENT ENROLLED IN AN APPROVED EDUCATOR

PREPARATION PROGRAM TO TAKE A CLASS OR SEMINAR AS PART OF THE

STUDENT TEACHING EXPERIENCE WHILE THE STUDENT IS PARTICIPATING

IN A STUDENT TEACHING PROGRAM, THE INSTITUTION OF HIGHER

EDUCATION SHALL PROVIDE THE STUDENT WITH THE ABILITY TO

PARTICIPATE IN THE CLASS OR SEMINAR BY VIRTUAL MEANS.

(B) CREDIT.--IF A STUDENT TEACHER RECEIVES A GRANT UNDER THE

PROGRAM, AN APPROVED EDUCATOR PREPARATION PROGRAM MAY NOT

PROHIBIT THE STUDENT TEACHER FROM RECEIVING ACADEMIC CREDIT FOR

PARTICIPATING IN A STUDENT TEACHER EXPERIENCE IF THE STUDENT

TEACHER SUCCESSFULLY COMPLETES THE STUDENT TEACHING EXPERIENCE.

SECTION 8. 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.]

"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

20230SB0843PN1239 - 45 -

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

20230SB0843PN1239 - 46 -

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.

(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

20230SB0843PN1239 - 47 -

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.

20230SB0843PN1239 - 48 -

(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

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

20230SB0843PN1239 - 49 -

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

CURRICULA AND RESTORATIVE JUSTICE STRATEGIES.

(4) CLASSROOM MANAGEMENT.

20230SB0843PN1239 - 50 -

(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

20230SB0843PN1239 - 51 -

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

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.

20230SB0843PN1239 - 52 -

(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.

20230SB0843PN1239 - 53 -

(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

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

20230SB0843PN1239 - 54 -

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)

20230SB0843PN1239 - 55 -

ABOVE THE AMOUNT ALLOCATED IN FISCAL YEAR 2017-2018 MAY BE

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 9. 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

20230SB0843PN1239 - 56 -

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

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.

20230SB0843PN1239 - 57 -

(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.

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(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).

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

20230SB0843PN1239 - 59 -

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).

20230SB0843PN1239 - 60 -

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.

(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

20230SB0843PN1239 - 61 -

(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

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:

20230SB0843PN1239 - 62 -

(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

20230SB0843PN1239 - 63 -

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

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 10. 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.--* * *

20230SB0843PN1239 - 64 -

(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.

20230SB0843PN1239 - 65 -

SECTION 11. 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

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

20230SB0843PN1239 - 66 -

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

DIRECTOR OF THE PENNSYLVANIA COMMISSION ON CRIME AND

DELINQUENCY.

20230SB0843PN1239 - 67 -

(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

20230SB0843PN1239 - 68 -

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

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

20230SB0843PN1239 - 69 -

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

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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).

(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

20230SB0843PN1239 - 71 -

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

20230SB0843PN1239 - 72 -

1310-A, THE ADVOCATE SHALL PROVIDE DOCUMENTATION OF THE FAILURE

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 12. 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:

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"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

OF INFLICTING SERIOUS BODILY INJURY.

SECTION 13. 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

20230SB0843PN1239 - 74 -

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

20230SB0843PN1239 - 75 -

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. ANY

ACTION RELATING TO GUIDANCE OR RECOMMENDATIONS PROVIDED BY

THE EXECUTIVE COMMITTEE TO THE COMMITTEE SHALL REQUIRE A VOTE

OF A MAJORITY OF THE MEMBERS OF THE COMMITTEE. ANY DECISIONS

RELATING TO AWARDING OF GRANTS UNDER THIS ARTICLE SHALL BE

THE SOLE AND EXCLUSIVE RESPONSIBILITY OF THE COMMITTEE.

(3) THE EXECUTIVE COMMITTEE SHALL INCLUDE, AT A MINIMUM,

THE CHAIR OF THE COMMITTEE AND THE MEMBERS APPOINTED UNDER

SUBSECTION (B)(1), (2), (3), (4), (5), (6), (7) AND (8).

(4) (I) EXCEPT AS PROVIDED UNDER SUBPARAGRAPH (II),

MEETINGS OF THE EXECUTIVE COMMITTEE SHALL NOT BE SUBJECT

TO THE REQUIREMENTS OF 65 PA.C.S. CH. 7 (RELATING TO OPEN

MEETINGS).

(II) PUBLIC NOTICE OF A MEETING OF THE EXECUTIVE

COMMITTEE SHALL BE PROVIDED AS REQUIRED UNDER 65 PA.C.S.

§ 709(A) (RELATING TO PUBLIC NOTICE). THE PUBLIC NOTICE

UNDER THIS SUBPARAGRAPH SHALL INCLUDE THE AGENDA OF THE

TOPICS THE EXECUTIVE COMMITTEE WILL DISCUSS.

(III) AT THE NEXT SCHEDULED MEETING OF THE

COMMITTEE, THE CHAIR OF THE EXECUTIVE COMMITTEE SHALL

PROVIDE A SUMMARY OF ANY MEETINGS OF THE EXECUTIVE

COMMITTEE THAT OCCURRED SINCE THE LAST MEETING OF THE

COMMITTEE.

(5) THE MEMBER APPOINTED UNDER SUBSECTION (B)(2) SHALL

SERVE AS CHAIR OF THE EXECUTIVE COMMITTEE.

20230SB0843PN1239 - 76 -

(6) THE EXECUTIVE COMMITTEE MAY ADD OTHER MEMBERS OF THE

COMMITTEE AS NECESSARY.

SECTION 14. 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

20230SB0843PN1239 - 77 -

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

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 15. SECTION 1306-B(I)(1), (J)(4) AND (12), (K) AND

(L) OF THE ACT, AMENDED JULY 8, 2022 (P.L.620, NO.55), ARE

20230SB0843PN1239 - 78 -

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.

(12) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, DURING

THE 2023-2024 FISCAL YEAR, MONEY APPROPRIATED FOR COVID

RELIEF - ARPA - SCHOOL MENTAL HEALTH GRANTS SHALL BE

TRANSFERRED TO THE FUND AND SHALL BE USED AS FOLLOWS:

(I) NINETY PERCENT SHALL BE USED FOR GRANTS UNDER

SECTION 1315.1-B.

(II) FIVE PERCENT SHALL BE TRANSFERRED TO THE

DEPARTMENT FOR TRAINING OF SCHOOL BASED MENTAL HEALTH

PROFESSIONALS AND TO ESTABLISH PATHWAYS TO CERTIFICATION

FOR SCHOOL BASED MENTAL HEALTH PROFESSIONALS.

(III) FIVE PERCENT SHALL BE TRANSFERRED TO THE

PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY FOR THE

PROGRAM UNDER SECTION 1318-B.

(I) COMMUNITY VIOLENCE PREVENTION PROGRAMS.--

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(1) [MUNICIPALITIES] NOTWITHSTANDING SUBSECTION (H)(7),

THE COMMITTEE SHALL USE MONEY APPROPRIATED TO THE COMMISSION

FOR VIOLENCE INTERVENTION AND PREVENTION FOR GRANTS AND

TECHNICAL ASSISTANCE TO MUNICIPALITIES, DISTRICT ATTORNEYS,

INSTITUTIONS OF HIGHER EDUCATION, COMMUNITY-BASED

ORGANIZATIONS AND OTHER ENTITIES APPROVED BY THE COMMITTEE

[ARE THE ONLY ELIGIBLE APPLICANTS] FOR PROGRAMS UNDER

SUBSECTION (J)(22).

* * *

(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]

20230SB0843PN1239 - 80 -

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.

(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 16. 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

20230SB0843PN1239 - 81 -

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

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

20230SB0843PN1239 - 82 -

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

20230SB0843PN1239 - 83 -

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.

(K.1) ADMINISTRATIVE FEE.--AN INTERMEDIATE UNIT MAY TAKE A

REASONABLE ADMINISTRATIVE FEE FOR DIRECT COSTS ASSOCIATED WITH

THE ADMINISTRATION OF A GRANT AWARD ON BEHALF OF A NONPUBLIC

SCHOOL. THE FEE SHALL BE TAKEN FROM THE MONEY RECEIVED UNDER

SUBSECTION (J) AND MAY NOT EXCEED 6% 2% .

(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

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

20230SB0843PN1239 - 84 -

<--

(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. §

20230SB0843PN1239 - 85 -

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

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

20230SB0843PN1239 - 86 -

E DUCATION FOR THE SAFE SCHOOLS 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

20230SB0843PN1239 - 87 -

CONTAINS THE COMPLETE REVISED MODEL MEMORANDUM OF

UNDERSTANDING. THE REVISED MODEL MEMORANDUM OF UNDERSTANDING

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

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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

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

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SCHOOLS' COLLABORATIVE ARE NOT SUBJECT TO THE REQUIREMENTS OF 65

PA.C.S. CH. 7 (RELATING TO OPEN MEETINGS).

SECTION 1315.1-B. SCHOOL MENTAL HEALTH GRANTS FOR 2023-2024

SCHOOL YEAR.

(A) FUNDING.--FOR THE 2023-2024 SCHOOL YEAR, THE AMOUNT OF

MONEY ALLOCATED UNDER SECTION 1306-B(H)(12)(I) SHALL BE USED BY

THE COMMITTEE TO AWARD SCHOOL MENTAL HEALTH GRANTS TO SCHOOL

ENTITIES IN ACCORDANCE WITH THIS SECTION.

(B) PURPOSE OF GRANTS.--

(1) A SCHOOL ENTITY SHALL BE ELIGIBLE FOR SCHOOL MENTAL

HEALTH GRANTS TO MEET THE LEVEL 1 BASELINE CRITERIA FOR

BEHAVIORAL HEALTH AND SCHOOL CLIMATE CRITERIA ESTABLISHED BY

THE COMMITTEE.

(2) A SCHOOL ENTITY THAT HAS MET THE LEVEL 1 BASELINE

CRITERIA SHALL BE ELIGIBLE FOR SCHOOL MENTAL HEALTH GRANTS

FOR THE PURPOSES OUTLINED IN SECTION 1306-B(J)(6), (10),

(15), (17), (19), (20), (21), (23), (24), (25), (26), (27),

(28), (29) AND (30).

MENTAL HEALTH GRANTS IN THE FOLLOWING AMOUNTS TO ANY SCHOOL

ENTITY THAT SUBMITS AN APPLICATION:

(1) A SCHOOL DISTRICT SHALL RECEIVE $100,000 PLUS AN

AMOUNT DETERMINED IN PARAGRAPH (3).

(2) AN INTERMEDIATE UNIT, AREA CAREER AND TECHNICAL

SCHOOL, CHARTER SCHOOL, REGIONAL CHARTER SCHOOL , CYBER

CHARTER SCHOOL , APPROVED PRIVATE SCHOOL OR CHARTERED SCHOOL

FOR THE EDUCATION OF THE DEAF OR THE BLIND SHALL RECEIVE

$70,000.

(3) AN AMOUNT DETERMINED AS FOLLOWS:

(I) MULTIPLY THE 2021-2022 ADJUSTED AVERAGE DAILY

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MEMBERSHIP FOR EACH SCHOOL DISTRICT BY THE DIFFERENCE

BETWEEN THE AMOUNT ALLOCATED IN SUBSECTION (A) AND THE

SUM OF THE AMOUNTS DISTRIBUTED UNDER PARAGRAPHS (1) AND

(2).

(II) DIVIDE THE PRODUCT FROM SUBPARAGRAPH (I) BY THE

2021-2022 ADJUSTED AVERAGE DAILY MEMBERSHIP FOR ALL

SCHOOL DISTRICTS.

(D) AVAILABILITY OF APPLICATIONS.--THE COMMITTEE SHALL MAKE

AN APPLICATION FOR GRANTS UNDER THIS SECTION AVAILABLE TO SCHOOL

ENTITIES NO LATER THAN 45 DAYS AFTER THE EFFECTIVE DATE OF THIS

SECTION. THE APPLICATION REQUIREMENTS SHALL BE LIMITED TO THE

SCHOOL ENTITY'S CONTACT INFORMATION, THE SPECIFIC PURPOSE OF THE

GRANT BASED UPON THE CATEGORIES SPECIFIED IN SUBSECTION (B) WITH

BOXES ON THE APPLICATION FOR THE APPLICANT TO INDICATE THE

SCHOOL ENTITY'S ANTICIPATED USE AND CERTIFICATION BY THE

APPLICANT THAT THE FUNDS WILL BE USED FOR THE STATED PURPOSE.

(E) EFFECT OF REVENUE RECEIVED.--GRANT MONEY RECEIVED UNDER

THIS SECTION MAY NOT BE INCLUDED WHEN CALCULATING THE AMOUNT TO

BE PAID UNDER SECTION 1725-A.

(F) AUDIT AND MONITORING.--THE COMMITTEE SHALL RANDOMLY

AUDIT AND MONITOR GRANT RECIPIENTS TO ENSURE THE APPROPRIATE USE

OF GRANT FUNDS AND COMPLIANCE WITH PROVISIONS OF THE GRANT

PROGRAM.

(G) 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:

"SCHOOL ENTITY." A SCHOOL DISTRICT, AREA CAREER AND

TECHNICAL SCHOOL, INTERMEDIATE UNIT, CHARTER SCHOOL, REGIONAL

CHARTER SCHOOL AND CYBER CHARTER SCHOOL.

SECTION 17. SECTION 1316-B(B) OF THE ACT, ADDED JULY 8, 2022

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(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 18. 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

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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

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).

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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 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).

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(IV) AN OFFENSE FOR WHICH REGISTRATION IS REQUIRED

UNDER 42 PA.C.S. § 9799.55 (RELATING TO REGISTRATION).

(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.

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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

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

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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

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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

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

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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.

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(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

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.

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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;

AND

(II) CONDUCTING DIRECT OR CROSS-EXAMINATION OF

WITNESSES.

(6) IF THE PERPETRATOR OF CONDUCT THAT CONSTITUTES A

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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.

20230SB0843PN1239 - 102 -

(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.--

(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

20230SB0843PN1239 - 103 -

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),

20230SB0843PN1239 - 104 -

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

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

20230SB0843PN1239 - 105 -

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 19. 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 20. 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.

(2) A SCHOOL ENTITY OR NONPUBLIC SCHOOL THAT HAS

20230SB0843PN1239 - 106 -

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 21. 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

20230SB0843PN1239 - 107 -

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.

* * *

SECTION 22. SECTION 1403-A(C)(1), (D) AND (E) OF THE ACT,

AMENDED JULY 8, 2022 (P.L.620, NO.55), ARE AMENDED TO READ:

SECTION 1403-A. SCOPE OF PROGRAM AND SELECTION OF STUDENTS.

* * *

RECOVERY HIGH SCHOOL UNDER THE PROGRAM IF THE FOLLOWING APPLY:

[(1) (I) SUBJECT TO SUBPARAGRAPH (II), THE STUDENT

RESIDES IN A SCHOOL DISTRICT OF THE FIRST CLASS, WHICH

HAS APPROVED THE STUDENT'S ENROLLMENT IN THE RECOVERY

HIGH SCHOOL UNDER THE PROGRAM AND, WITH THE WRITTEN

20230SB0843PN1239 - 108 -

CONSENT OF THE STUDENT'S PARENT OR GUARDIAN, HAS APPLIED

FOR ENROLLMENT IN THE RECOVERY HIGH SCHOOL ON THE

STUDENT'S BEHALF.

(II) IF FEWER THAN 20 STUDENTS RESIDING IN A SCHOOL

DISTRICT OF THE FIRST CLASS ENROLL IN THE RECOVERY HIGH

SCHOOL UNDER THE PROGRAM AT ANY TIME UNDER SUBPARAGRAPH

(I), A STUDENT WHO RESIDES IN A SCHOOL DISTRICT OTHER

THAN A SCHOOL DISTRICT OF THE FIRST CLASS MAY ENROLL IN

THE RECOVERY HIGH SCHOOL UNDER THE PROGRAM IF THE

STUDENT'S RESIDENT SCHOOL DISTRICT HAS APPROVED THE

STUDENT'S ENROLLMENT IN THE RECOVERY HIGH SCHOOL UNDER

THE PROGRAM AND, WITH THE WRITTEN CONSENT OF THE

STUDENT'S PARENT OR GUARDIAN, HAS APPLIED FOR ENROLLMENT

IN THE RECOVERY HIGH SCHOOL ON THE STUDENT'S BEHALF.]

* * *

[(D) APPROVAL OR DISAPPROVAL BY RESIDENT SCHOOL DISTRICT.--

WITHIN 15 DAYS AFTER A STUDENT'S PARENT OR GUARDIAN SUBMITS A

WRITTEN REQUEST TO THE RESIDENT SCHOOL DISTRICT SEEKING THE

STUDENT'S ENROLLMENT IN THE RECOVERY HIGH SCHOOL UNDER THE

PROGRAM, THE RESIDENT SCHOOL DISTRICT SHALL ISSUE WRITTEN NOTICE

TO THE PARENT OR GUARDIAN APPROVING OR DISAPPROVING THE REQUEST.

(E) HEARING.--IF A PARENT OR GUARDIAN DISAGREES WITH A

RESIDENT SCHOOL DISTRICT'S DISAPPROVAL OF THE STUDENT'S

ENROLLMENT IN THE RECOVERY HIGH SCHOOL UNDER THE PROGRAM, THE

FOLLOWING SHALL APPLY:

(1) FOR A STUDENT WITH AN IEP, THE DUE PROCESS HEARING

REQUIREMENTS OF 22 PA. CODE CH. 14 (RELATING TO SPECIAL

EDUCATION SERVICES AND PROGRAMS) SHALL APPLY.

(2) FOR A STUDENT WITHOUT AN IEP, THE RESIDENT SCHOOL

DISTRICT SHALL FOLLOW A NOTICE AND HEARING PROCESS THAT THE

20230SB0843PN1239 - 109 -

DEPARTMENT SHALL DEVELOP AND POST ON ITS PUBLICLY ACCESSIBLE

INTERNET WEBSITE.

(3) IF A STUDENT'S ENROLLMENT IN THE RECOVERY HIGH

SCHOOL UNDER THE PROGRAM IS NOT APPROVED BY THE STUDENT'S

RESIDENT SCHOOL DISTRICT OR IF THE STUDENT'S PARENT OR

GUARDIAN CHOOSES NOT TO PARTICIPATE IN THE PROGRAM

ESTABLISHED UNDER SECTION 1402-A, THE STUDENT'S PARENT OR

GUARDIAN MAY PAY THE STUDENT'S TUITION TO ENROLL IN THE

RECOVERY HIGH SCHOOL, PROVIDED THAT THE RECOVERY HIGH SCHOOL

HAS APPROVED THE STUDENT'S ENROLLMENT IN THE RECOVERY HIGH

SCHOOL.]

SECTION 23. THE ACT IS AMENDED BY ADDING A SECTION TO READ:

SECTION 1403.1-A. ENROLLMENT OF STUDENTS.

(A) CONDITIONS.--A STUDENT MAY ENROLL IN THE RECOVERY HIGH

SCHOOL UNDER THE PROGRAM ESTABLISHED IN SECTION 1402-A IF THE

FOLLOWING APPLY:

(1) SUBJECT TO PARAGRAPH (2), THE STUDENT RESIDES IN A

SCHOOL DISTRICT OF THE FIRST CLASS AND THE STUDENT'S PARENT

OR GUARDIAN HAS APPLIED FOR ENROLLMENT IN THE RECOVERY HIGH

SCHOOL ON THE STUDENT'S BEHALF.

(2) IF FEWER THAN 20 STUDENTS RESIDING IN A SCHOOL

DISTRICT OF THE FIRST CLASS ENROLL IN THE RECOVERY HIGH

SCHOOL UNDER THE PROGRAM AT ANY TIME, A STUDENT WHO RESIDES

IN A SCHOOL DISTRICT OTHER THAN A SCHOOL DISTRICT OF THE

FIRST CLASS MAY ENROLL IN THE RECOVERY HIGH SCHOOL UNDER THE

PROGRAM IF THE STUDENT'S PARENT OR GUARDIAN HAS APPLIED FOR

ENROLLMENT IN THE RECOVERY HIGH SCHOOL ON THE STUDENT'S

BEHALF.

(B) PAYMENT.--THE DEPARTMENT OF EDUCATION SHALL PAY ANY

TUITION DUE FROM THE STUDENT'S SCHOOL DISTRICT OF RESIDENCE

20230SB0843PN1239 - 110 -

UNDER SECTION 1405-A TO THE RECOVERY HIGH SCHOOL BY SUBTRACTING

THE AMOUNT FROM STATE SUBSIDIES PAYABLE TO THE STUDENT'S SCHOOL

DISTRICT OF RESIDENCE.

SECTION 24. SECTION 1404-A OF THE ACT IS REPEALED:

[SECTION 1404-A. ACADEMIC PROGRAMS.

(A) ASSESSMENTS.--THE RECOVERY HIGH SCHOOL SHALL ADMINISTER

TO ALL STUDENTS ENROLLED IN THE RECOVERY HIGH SCHOOL UNDER THE

PROGRAM ANY ASSESSMENTS THAT ARE REQUIRED UNDER 22 PA. CODE CH.

4 (RELATING TO ACADEMIC STANDARDS AND ASSESSMENT). STUDENT

SCORES ON ANY REQUIRED ASSESSMENTS SHALL BE ATTRIBUTED TO THE

STUDENT'S RESIDENT SCHOOL DISTRICT FOR PURPOSES OF COMPLIANCE

WITH THE EVERY STUDENT SUCCEEDS ACT (PUBLIC LAW 114-95, 129

STAT. 1802).

(B) CERTIFICATION.--AT LEAST 75% OF THE PROFESSIONAL STAFF

MEMBERS OF THE RECOVERY HIGH SCHOOL SHALL HOLD APPROPRIATE STATE

CERTIFICATION, PROVIDED THAT ALL PROFESSIONAL STAFF MEMBERS OF

THE RECOVERY HIGH SCHOOL WHO ARE RESPONSIBLE FOR PROVIDING

SPECIAL EDUCATION SERVICES TO STUDENTS ENROLLED IN THE RECOVERY

HIGH SCHOOL UNDER THE PROGRAM SHALL HOLD APPROPRIATE STATE

CERTIFICATION IN SPECIAL EDUCATION.

SECTION 24. SECTION 1404-A(C) OF THE ACT IS AMENDED TO READ:

SECTION 1404-A. ACADEMIC PROGRAMS.

* * *

[(C) LICENSURE.--IF A STUDENT ENROLLED IN THE RECOVERY HIGH

SCHOOL IS SUBJECT TO AN IEP, THE RECOVERY HIGH SCHOOL MUST BE

LICENSED TO PROVIDE ANY SERVICES REQUIRED TO BE PROVIDED UNDER

THE STUDENT'S IEP.]

SECTION 25. THE ACT IS AMENDED BY ADDING A SECTION TO READ:

SECTION 1517-D. QUARTERLY REPORTING.

(A) AMENDMENT OF SYSTEM DUTY OF DEPARTMENT .--NO LATER THAN

20230SB0843PN1239 - 111 -

<--

MARCH 31, 2024, THE DEPARTMENT SHALL AMEND THE DEPARTMENT'S

SYSTEM TO ALLOW FOR COLLECTION OF INFORMATION REQUIRED UNDER

THIS SUBSECTION.

(B) INFORMATION TO BE COLLECTED.--BEGINNING ON APRIL 1,

2024, AN APPROVED PROVIDER SHALL PROVIDE TO THE DEPARTMENT:

(1) NOTICE AND INFORMATION ON AN ELIGIBLE STUDENT

ENROLLED IN A PROGRAM-FUNDED SLOT IN THE APPROVED PROVIDER'S

PROGRAM WITHIN 15 DAYS OF THE ENROLLMENT.

(2) NOTICE AND INFORMATION ON AN ELIGIBLE STUDENT'S

REMOVAL FROM ENROLLMENT IN A PROGRAM-FUNDED SLOT IN THE

APPROVED PROVIDER'S PROGRAM WITHIN 15 DAYS FROM THE REMOVAL

OF ENROLLMENT.

THE DEPARTMENT SHALL, FROM THE INFORMATION REPORTED BY THE

APPROVED PROVIDERS UNDER SUBSECTION (B), REPORT TO THE

CHAIRPERSON AND MINORITY CHAIRPERSON OF THE APPROPRIATIONS

COMMITTEE OF THE SENATE AND THE CHAIRPERSON AND MINORITY

CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF

REPRESENTATIVES THE FOLLOWING:

(1) THE TOTAL NUMBER OF ELIGIBLE STUDENTS ENROLLED IN A

PROGRAM-FUNDED SLOT FOR EACH APPROVED PROVIDER ORGANIZED BY

MONTH IN THE PREVIOUS QUARTER.

(2) THE NUMBER OF ELIGIBLE STUDENTS NEWLY ENROLLED IN A

PROGRAM-FUNDED SLOT FOR EACH APPROVED PROVIDER ORGANIZED BY

MONTH IN THE PREVIOUS QUARTER.

(3) THE NUMBER OF ELIGIBLE STUDENTS REMOVED FROM

ENROLLMENT IN A PROGRAM-FUNDED SLOT FOR EACH APPROVED

PROVIDER ORGANIZED BY MONTH IN THE PREVIOUS QUARTER.

(4) THE NUMBER OF ELIGIBLE STUDENTS ENROLLED FOR 90% OF

THE MONTH IN A PROGRAM-FUNDED SLOT FOR EACH APPROVED PROVIDER

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ORGANIZED BY MONTH IN THE PREVIOUS QUARTER.

(5) A LISTING BY COUNTY OF THE TOTAL NUMBER OF REQUESTED

PROGRAM-FUNDED SLOTS FOR STUDENTS FROM ELIGIBLE PROVIDERS IN

THE COUNTY AND THE TOTAL NUMBER OF SLOTS APPROVED FOR ALL

APPROVED PROVIDERS IN THE COUNTY FOR THE CURRENT FISCAL YEAR.

(6) OTHER INFORMATION THE DEPARTMENT DEEMS NECESSARY.

(D) DUTY OF SECRETARY.--BY THE JULY 31, 2024, REPORT AND

EACH QUARTERLY REPORT THEREAFTER, THE SECRETARY OF EDUCATION

SHALL MEET IN PERSON WITH THE CHAIRPERSON, OR A DESIGNEE, AND

MINORITY CHAIRPERSON, OR A DESIGNEE, OF THE APPROPRIATIONS

COMMITTEE OF THE SENATE AND THE CHAIRPERSON, OR A DESIGNEE, AND

MINORITY CHAIRPERSON, OR A DESIGNEE, OF THE APPROPRIATIONS

COMMITTEE OF THE HOUSE OF REPRESENTATIVES TO REPORT ON THE

INFORMATION COLLECTED UNDER THIS SECTION. THE REQUIREMENT UNDER

THIS SUBSECTION MAY BE WAIVED BY AGREEMENT IN WRITING OF THE

CHAIRPERSON AND MINORITY CHAIRPERSON OF THE APPROPRIATIONS

COMMITTEE OF THE SENATE AND THE CHAIRPERSON AND MINORITY

CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF

REPRESENTATIVES.

SECTION 26. SECTION 1607(B) OF THE ACT IS AMENDED BY ADDING

A PARAGRAPH AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO

READ:

SECTION 1607. ATTENDANCE IN OTHER DISTRICTS.--* * *

(B) IF A THIRD CLASS SCHOOL DISTRICT OPERATING UNDER A

SPECIAL BOARD OF CONTROL PURSUANT TO SECTION 692 HAS, WITH THE

APPROVAL OF THE SECRETARY OF EDUCATION, CURTAILED ITS

EDUCATIONAL PROGRAM BY ELIMINATING ITS HIGH SCHOOL AND HAS NOT

ASSIGNED ITS HIGH SCHOOL PUPILS TO ANOTHER SCHOOL DISTRICT AND

PROVIDED ADEQUATE TRANSPORTATION IN A MANNER UNDER SUBSECTION

(A), THE SECRETARY SHALL HAVE THE FOLLOWING AUTHORITY:

20230SB0843PN1239 - 113 -

* * *

(5) FOR THE 2023-2024 SCHOOL YEAR AND EACH SCHOOL YEAR

THEREAFTER, THE PER PUPIL TUITION RATE THAT A SCHOOL DISTRICT

DESIGNATED UNDER PARAGRAPH (1) SHALL RECEIVE FOR EACH REASSIGNED

STUDENT IN A REGULAR OR SPECIAL EDUCATION PROGRAM SHALL BE THE

SUM OF:

(I) THE TUITION RATE ESTABLISHED FOR THE PRIOR SCHOOL YEAR;

AND

(II) THE PRODUCT OF:

(A) THE TUITION RATE ESTABLISHED FOR THE PRIOR SCHOOL YEAR;

AND

(B) THE AVERAGE OF THE MOST RECENT PERCENTAGE INCREASE IN

THE STATEWIDE AVERAGE WEEKLY WAGE AND THE EMPLOYMENT COST INDEX

AS DEFINED IN THE "TAXPAYER RELIEF ACT."

* * *

(B.2) (1) A SCHOOL DISTRICT THAT ELIMINATED ITS HIGH SCHOOL

UNDER SUBSECTION (B) SHALL NOT REOPEN ITS HIGH SCHOOL WITHOUT

THE APPROVAL OF THE SECRETARY OF EDUCATION.

(1.1) THE DISTRESSED SCHOOL DISTRICT SUBJECT TO THIS SECTION

MAY SUBMIT A PLAN TO REOPEN ITS HIGH SCHOOL TO THE SECRETARY OF

EDUCATION.

(2) UPON RECEIPT OF A PLAN, THE SECRETARY OF EDUCATION MAY

CONSIDER THE FOLLOWING INFORMATION AS A BASIS FOR APPROVAL:

(I) THE FINANCIAL SUSTAINABILITY OF THE PLAN TO REOPEN THE

HIGH SCHOOL.

(II) THE DEMOGRAPHIC TRENDS OF THE DISTRESSED SCHOOL

DISTRICT SUBJECT TO THIS SECTION.

(III) PROPOSED FACULTY LEVELS AND CURRICULUM OFFERINGS.

(IV) THE CONTENTS OF THE MOST RECENT REPORT REQUIRED UNDER

SUBSECTION (I)(2).

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(V) THE INVOLVEMENT OF THE SCHOOL DISTRICTS IDENTIFIED UNDER

SUBSECTION (B)(1) IN THE PLAN TO REOPEN THE HIGH SCHOOL.

(VI) ANY OTHER INFORMATION AS DETERMINED BY THE SECRETARY OF

EDUCATION.

* * *

SECTION 27. SECTION 1913-A(B)(1.6) OF THE ACT IS AMENDED BY

ADDING A SUBPARAGRAPH TO READ:

SECTION 1913-A. FINANCIAL PROGRAM; REIMBURSEMENT OF

PAYMENTS.--* * *

(B) * * *

(1.6) FOR THE 2006-2007 FISCAL YEAR AND EACH FISCAL YEAR

THEREAFTER, THE PAYMENT FOR A COMMUNITY COLLEGE SHALL CONSIST OF

THE FOLLOWING:

* * *

(XVIII) FOR THE 2023-2024 FISCAL YEAR, EACH COMMUNITY

COLLEGE SHALL RECEIVE AN AMOUNT EQUAL TO THE FOLLOWING:

(A) AN AMOUNT EQUAL TO THE REIMBURSEMENT FOR OPERATING COSTS

RECEIVED IN FISCAL YEAR 2022-2023 UNDER SUBPARAGRAPHS (XVI)(A)

AND (C) AND (XVII).

(B) AN AMOUNT EQUAL TO THE ECONOMIC DEVELOPMENT STIPEND

RECEIVED IN FISCAL YEAR 2022-2023 UNDER SUBPARAGRAPH (XVI)(B).

CLAUSES (A) OR (B), AN ADDITIONAL AMOUNT FOR OPERATING COSTS

DETERMINED FOR EACH COMMUNITY COLLEGE, AS FOLLOWS:

(I) MULTIPLY THE AUDITED FULL-TIME EQUIVALENT ENROLLMENT AS

VERIFIED UNDER SUBSECTION (K.1) FOR THE MOST RECENT YEAR

AVAILABLE FOR THE COMMUNITY COLLEGE BY $5,130,000.

(II) DIVIDE THE PRODUCT IN SUBCLAUSE (I) BY THE SUM OF THE

AUDITED FULL-TIME EQUIVALENT ENROLLMENT AS VERIFIED UNDER

SUBSECTION (K.1) FOR THE MOST RECENT YEAR AVAILABLE FOR ALL

20230SB0843PN1239 - 115 -

COMMUNITY COLLEGES THAT RECEIVE FUNDING UNDER SUBPARAGRAPHS (A)

AND (B).

* * *

SECTION 28. THE ACT IS AMENDED BY ADDING A SECTION TO READ:

SECTION 2327. STATE AID FOR FISCAL YEAR 2023-2024.

NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,

FROM MONEY APPROPRIATED FOR A SUBSIDY TO PUBLIC LIBRARIES, FUNDS

SHALL BE DISTRIBUTED IN FISCAL YEAR 2023-2024 AS FOLLOWS:

(1) THE STATE LIBRARIAN SHALL DISTRIBUTE $6,717 TO EACH

DISTRICT LIBRARY CENTER THAT RECEIVED LESS THAN THE AMOUNT

SPECIFIED UNDER 24 PA.C.S. § 9338(B)(2) (RELATING TO DISTRICT

LIBRARY CENTER AID) IN FISCAL YEAR 2022-2023 FROM FUNDS

ALLOCATED UNDER SECTION 2326(1).

(2) ALL FUNDS REMAINING AFTER THE DISTRIBUTION UNDER

PARAGRAPH (1) SHALL BE DISTRIBUTED TO EACH LIBRARY UNDER THE

FOLLOWING FORMULA:

(I) DIVIDE THE SUM OF THE AMOUNT OF FUNDING THE

LIBRARY RECEIVED IN FISCAL YEAR 2022-2023 UNDER SECTION

2326(1) AND PARAGRAPH (1) BY THE SUM OF THE TOTAL AMOUNT

OF STATE AID PROVIDED UNDER SECTION 2326(1) AND PARAGRAPH

(1).

(II) MULTIPLY THE QUOTIENT UNDER SUBPARAGRAPH (I) BY

$70,422,981.

(3) FOLLOWING DISTRIBUTION OF FUNDS APPROPRIATED FOR

STATE AID TO LIBRARIES UNDER PARAGRAPHS (1) AND (2), ANY

REMAINING FUNDS MAY BE DISTRIBUTED AT THE DISCRETION OF THE

STATE LIBRARIAN.

(4) IF FUNDS APPROPRIATED FOR STATE AID TO LIBRARIES IN

FISCAL YEAR 2023-2024 ARE LESS THAN FUNDS APPROPRIATED IN

FISCAL YEAR 2002-2003, THE STATE LIBRARIAN MAY WAIVE

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STANDARDS AS PRESCRIBED IN 24 PA.C.S. CH. 93 (RELATING TO

PUBLIC LIBRARY CODE).

(5) EACH LIBRARY SYSTEM RECEIVING STATE AID UNDER THIS

SUBSECTION MAY DISTRIBUTE THE LOCAL LIBRARY SHARE OF THAT AID

IN A MANNER AS DETERMINED BY THE BOARD OF DIRECTORS OF THE

LIBRARY SYSTEM.

(6) IN THE CASE OF A LIBRARY SYSTEM THAT CONTAINS A

LIBRARY OPERATING IN A CITY OF THE SECOND CLASS, CHANGES TO

THE DISTRIBUTION OF STATE AID TO THE LIBRARY SHALL BE MADE BY

MUTUAL AGREEMENT BETWEEN THE LIBRARY AND THE LIBRARY SYSTEM.

(7) IN THE EVENT OF A CHANGE IN DISTRICT LIBRARY CENTER

POPULATION PRIOR TO THE EFFECTIVE DATE OF THIS SECTION AS A

RESULT OF:

(I) A CITY, BOROUGH, TOWN, TOWNSHIP, SCHOOL DISTRICT

OR COUNTY MOVING FROM ONE LIBRARY CENTER TO ANOTHER; OR

(II) A TRANSFER OF DISTRICT LIBRARY CENTER STATUS TO

A COUNTY LIBRARY SYSTEM; FUNDING OF DISTRICT LIBRARY

CENTER AID SHALL BE PAID BASED ON THE POPULATION OF THE

NEWLY ESTABLISHED OR RECONFIGURED DISTRICT LIBRARY

CENTER.

(8) IN THE EVENT OF A CHANGE IN DIRECT SERVICE AREA FROM

ONE LIBRARY TO ANOTHER, THE STATE LIBRARIAN, UPON AGREEMENT

OF THE AFFECTED LIBRARIES, MAY REDISTRIBUTE THE LOCAL LIBRARY

SHARE OF AID TO THE LIBRARY CURRENTLY SERVICING THE AREA.

SECTION 29. SECTIONS 2502.8(B)(1), 2509.1(C.2)(1) AND

2510.3(A)(2) OF THE ACT, AMENDED JULY 8, 2022 (P.L.620, NO.55),

ARE AMENDED TO READ:

SECTION 2502.8. PAYMENTS ON ACCOUNT OF PUPILS ENROLLED IN

CAREER AND TECHNICAL CURRICULUMS.--* * *

(B) FOR THE 1981-1982 SCHOOL YEAR THROUGH THE 1984-1985

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SCHOOL YEAR, EACH SCHOOL DISTRICT SO ENTITLED SHALL BE PAID, IN

ADDITION TO ANY OTHER SUBSIDY TO WHICH IT IS ENTITLED, AN AMOUNT

ON ACCOUNT OF RESIDENT PUPILS ENROLLED IN CAREER AND TECHNICAL

CURRICULUMS; FOR THE 1985-1986 SCHOOL YEAR THROUGH THE 1999-2000

SCHOOL YEAR, EACH SCHOOL DISTRICT AND AREA CAREER AND TECHNICAL

SCHOOL SHALL BE PAID AN AMOUNT ON ACCOUNT OF STUDENTS ENROLLED

IN CAREER AND TECHNICAL CURRICULUMS; FOR THE 2000-2001 SCHOOL

YEAR AND EACH SCHOOL YEAR THEREAFTER, EACH SCHOOL DISTRICT, AREA

CAREER AND TECHNICAL SCHOOL AND CHARTER SCHOOL SHALL BE PAID AN

AMOUNT ON ACCOUNT OF STUDENTS ENROLLED IN CAREER AND TECHNICAL

CURRICULUMS, DETERMINED AS FOLLOWS:

(1) DETERMINE THE INCREASE IN THE WEIGHTED AVERAGE DAILY

MEMBERSHIP BY MULTIPLYING THE NUMBER OF STUDENTS IN AVERAGE

DAILY MEMBERSHIP IN CAREER AND TECHNICAL CURRICULUMS IN AREA

CAREER AND TECHNICAL SCHOOLS BY TWENTY-ONE HUNDREDTHS (.21) AND

THE NUMBER OF STUDENTS IN AVERAGE DAILY MEMBERSHIP IN SCHOOL

DISTRICT AND CHARTER SCHOOL CAREER AND TECHNICAL CURRICULUMS BY

SEVENTEEN HUNDREDTHS (.17); EXCEPT[, FOR]:

(I) FOR THE 2021-2022 SCHOOL YEAR [AND EACH FISCAL YEAR

THEREAFTER], DETERMINE THE INCREASE IN THE WEIGHTED AVERAGE

DAILY MEMBERSHIP BY MULTIPLYING THE NUMBER OF STUDENTS IN

AVERAGE DAILY MEMBERSHIP IN CAREER AND TECHNICAL CURRICULUMS IN

AREA CAREER AND TECHNICAL SCHOOLS BY TWO THOUSAND TWO HUNDRED

SEVENTY-SIX TEN THOUSANDTHS (.2276) AND THE NUMBER OF STUDENTS

IN AVERAGE DAILY MEMBERSHIP IN SCHOOL DISTRICT AND CHARTER

SCHOOL CAREER AND TECHNICAL CURRICULUMS BY ONE THOUSAND EIGHT

HUNDRED FORTY-FOUR TEN THOUSANDTHS (.1844).

(II) FOR THE 2022-2023 SCHOOL YEAR AND EACH FISCAL YEAR

THEREAFTER, DETERMINE THE INCREASE IN THE WEIGHTED AVERAGE DAILY

MEMBERSHIP BY MULTIPLYING THE NUMBER OF STUDENTS IN AVERAGE

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DAILY MEMBERSHIP IN CAREER AND TECHNICAL CURRICULUMS IN AREA

CAREER AND TECHNICAL SCHOOLS BY TWO THOUSAND FOUR HUNDRED

SEVENTY-TWO TEN THOUSANDTHS (.2472) AND THE NUMBER OF STUDENTS

IN AVERAGE DAILY MEMBERSHIP IN SCHOOL DISTRICT AND CHARTER

SCHOOL CAREER AND TECHNICAL CURRICULUMS BY TWO THOUSAND ELEVEN

TEN THOUSANDTHS (.2011).

* * *

SECTION 2509.1. PAYMENTS TO INTERMEDIATE UNITS.--* * *

(C.2) THE FOLLOWING APPLY:

(1) FOR THE 2016-2017, 2017-2018, 2018-2019, 2019-2020,

2020-2021, 2021-2022 [AND], 2022-2023 AND 2023-2024 SCHOOL

YEARS, FIVE AND FIVE-TENTHS PERCENT (5.5%) OF THE STATE SPECIAL

EDUCATION APPROPRIATION SHALL BE PAID TO INTERMEDIATE UNITS ON

ACCOUNT OF SPECIAL EDUCATION SERVICES.

* * *

SECTION 2510.3. ASSISTANCE TO SCHOOL DISTRICTS DECLARED TO

BE IN FINANCIAL RECOVERY STATUS OR IDENTIFIED FOR FINANCIAL

WATCH STATUS.--(A) THE FOLLOWING APPLY:

* * *

(2) FOR THE 2017-2018, 2018-2019, 2019-2020, 2020-2021,

2021-2022 [AND], 2022-2023 AND 2023-2024 FISCAL YEARS, THE

DEPARTMENT OF EDUCATION MAY UTILIZE UP TO SEVEN MILLION DOLLARS

($7,000,000) OF UNDISTRIBUTED FUNDS NOT EXPENDED, ENCUMBERED OR

COMMITTED FROM APPROPRIATIONS FOR GRANTS, SUBSIDIES AND

ASSESSMENTS MADE TO THE DEPARTMENT OF EDUCATION TO ASSIST SCHOOL

DISTRICTS DECLARED TO BE IN FINANCIAL RECOVERY STATUS UNDER

SECTION 621-A, IDENTIFIED FOR FINANCIAL WATCH STATUS UNDER

SECTION 611-A OR IDENTIFIED FOR FINANCIAL WATCH STATUS UNDER

SECTION 694-A; EXCEPT THAT THE FUNDS MUST BE FIRST UTILIZED TO

ACCOMPLISH THE PROVISIONS CONTAINED IN SECTION 695-A. THE FUNDS

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SHALL BE TRANSFERRED BY THE SECRETARY OF THE BUDGET TO A

RESTRICTED ACCOUNT AS NECESSARY TO MAKE PAYMENTS UNDER THIS

SECTION AND, WHEN TRANSFERRED, ARE HEREBY APPROPRIATED TO CARRY

OUT THE PROVISIONS OF THIS SECTION.

* * *

SECTION 30. SECTION 2599.6 OF THE ACT IS AMENDED BY ADDING A

SUBSECTION TO READ:

SECTION 2599.6. READY-TO-LEARN BLOCK GRANT.--* * *

(A.4) FOR THE 2023-2024 SCHOOL YEAR AND EACH SCHOOL YEAR

THEREAFTER, EACH SCHOOL ENTITY SHALL RECEIVE A READY-TO-LEARN

BLOCK GRANT IN AN AMOUNT NOT LESS THAN THE AMOUNT RECEIVED BY

THE SCHOOL ENTITY FROM THE APPROPRIATION FOR THE READY-TO-LEARN

BLOCK GRANT DURING THE 2022-2023 FISCAL YEAR.

* * *

SECTION 31. SECTION 2599.7(B), (C) AND (D) OF THE ACT ARE

AMENDED TO READ:

SECTION 2599.7. PAYMENT OF REQUIRED CONTRIBUTION FOR PUBLIC

SCHOOL EMPLOYES' SOCIAL SECURITY.--* * *

(B) FOR THE FISCAL YEAR BEGINNING JULY 1, 2019, THROUGH THE

FISCAL YEAR ENDING JUNE 30, 2023, PAYMENT OF THE AMOUNTS

CALCULATED UNDER 24 PA.C.S. § 8329 FOR SCHOOL DISTRICTS SHALL BE

MADE FROM THE APPROPRIATION FOR BASIC EDUCATION FUNDING.

FISCAL YEAR ENDING JUNE 30, 2023, IF INSUFFICIENT FUNDS ARE

AVAILABLE FOR PAYMENT OF THE AMOUNTS CALCULATED UNDER 24 PA.C.S.

§ 8329 FOR SCHOOL DISTRICTS, THE DEPARTMENT OF EDUCATION SHALL

NOTIFY THE GOVERNOR, THE CHAIRPERSON AND MINORITY CHAIRPERSON OF

THE APPROPRIATIONS COMMITTEE OF THE SENATE AND THE CHAIRPERSON

AND MINORITY CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE

HOUSE OF REPRESENTATIVES OF THE AMOUNT OF THE INSUFFICIENCY. AN

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AMOUNT EQUAL TO THE INSUFFICIENCY MAY ONLY BE PAID TO SCHOOL

DISTRICTS FROM A SUPPLEMENTAL APPROPRIATION IN THE GENERAL

APPROPRIATIONS ACT.

(D) FOR THE FISCAL YEAR BEGINNING JULY 1, 2019, THROUGH THE

FISCAL YEAR ENDING JUNE 30, 2023, IF THE AMOUNT CALCULATED FOR

PAYMENTS TO SCHOOL DISTRICTS UNDER 24 PA.C.S. § 8329 EXCEEDS THE

AMOUNT NECESSARY, THE DEPARTMENT OF EDUCATION SHALL NOTIFY THE

GOVERNOR, THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE

APPROPRIATIONS COMMITTEE OF THE SENATE AND THE CHAIRPERSON AND

MINORITY CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE

HOUSE OF REPRESENTATIVES OF THE AMOUNT OF THE EXCESS. AN AMOUNT

EQUAL TO THE EXCESS SHALL BE DISTRIBUTED TO SCHOOL DISTRICTS AS

A SUPPLEMENTAL PAYMENT CALCULATED UNDER THE FORMULA CONTAINED IN

SECTION 2502.53.

* * *

SECTION 32. SECTION 2608-J OF THE ACT, AMENDED JULY 8, 2022

(P.L.620, NO.55), IS AMENDED TO READ:

SECTION 2608-J. APPLICABILITY.

THIS ARTICLE SHALL APPLY TO PROJECTS FOR WHICH APPROVAL AND

REIMBURSEMENT IS SOUGHT AND TO THE MAINTENANCE PROJECT GRANT

PROGRAM BEGINNING JULY 1, [2023] 2024.

SECTION 32 33. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) THE ADDITION OF ARTICLE XII-B OF THE ACT SHALL TAKE

EFFECT IN 60 DAYS.

(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT

IMMEDIATELY.

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