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SENATE AMENDED
A03335
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
49
Session of
2019
INTRODUCED BY BROWN, PICKETT, T. DAVIS, RYAN, MURT, MACKENZIE,
KAUFFMAN, BERNSTINE, MILLARD, MENTZER, ZIMMERMAN, LONGIETTI,
SAINATO, YOUNGBLOOD, WARREN, FREEMAN, SCHWEYER, SAYLOR,
STAATS, HAHN, NEILSON, STRUZZI, GAYDOS, WHEELAND, MULLINS,
STURLA, ROTHMAN, KORTZ AND KINSEY, JANUARY 28, 2019
SENATOR LANGERHOLC, EDUCATION, IN SENATE, AS AMENDED,
OCTOBER 21, 2019
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in high schools, further providing
for courses of study. IN SCHOOL SECURITY, FURTHER PROVIDING
FOR DEFINITIONS, FOR SCHOOL POLICE OFFICERS, FOR TRAINING,
FOR POWERS AND DUTIES, FOR SCHOOL RESOURCE OFFICERS AND FOR
SCHOOL SECURITY GUARDS; IN HIGH SCHOOLS, FURTHER PROVIDING
FOR COURSES OF STUDY; IN MISCELLANEOUS PROVISIONS RELATING TO
INSTITUTIONS OF HIGHER EDUCATION, FURTHER PROVIDING FOR
PUBLIC HIGHER EDUCATION FUNDING COMMISSION; AND, IN FOSTERING
INDEPENDENCE THROUGH EDUCATION, FURTHER PROVIDING FOR
FOSTERING INDEPENDENCE WAIVER PROGRAM.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1605 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended by adding a subsection to read:
SECTION 1. THE DEFINITION OF "SCHOOL SECURITY GUARD" IN
SECTION 1301-C OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14),
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KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, AMENDED JULY 2, 2019
(P.L.406, NO.67), IS AMENDED 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:
* * *
"SCHOOL SECURITY GUARD." AN INDIVIDUAL EMPLOYED BY A SCHOOL
ENTITY, NONPUBLIC SCHOOL OR A THIRD-PARTY VENDOR OR AN
INDEPENDENT CONTRACTOR WHO IS ASSIGNED TO A SCHOOL FOR ROUTINE
SAFETY AND SECURITY DUTIES AND HAS NOT BEEN GRANTED POWERS UNDER
SECTION [1306-C(3)] 1306-C(A)(3) OR (B).
* * *
SECTION 2. SECTIONS 1302-C(B)(2), 1305-C(A), 1306-C, 1313-
C(A.1)(2) AND 1314-C(B) 1314-C OF THE ACT, AMENDED JULY 2, 2019
(P.L.406, NO.67), ARE AMENDED TO READ:
SECTION 1302-C. SCHOOL POLICE OFFICERS.
* * *
(B) APPOINTMENT.--
* * *
(2) THE JUDGE MAY, AT THE REQUEST OF THE SCHOOL ENTITY
OR NONPUBLIC SCHOOL, GRANT THE SCHOOL POLICE OFFICER THE
POWERS AS PROVIDED UNDER SECTION 1306-C(B), THE AUTHORITY TO
ISSUE CITATIONS FOR SUMMARY OFFENSES AS PROVIDED IN SECTION
[1306-C(3)] 1306-C(A)(3) OR THE AUTHORITY TO DETAIN STUDENTS
UNTIL THE ARRIVAL OF LOCAL LAW ENFORCEMENT OR ANY COMBINATION
THEREOF.
* * *
SECTION 1305-C. TRAINING.
(A) GENERAL RULE.--A SCHOOL POLICE OFFICER WHO HAS BEEN
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GRANTED POWERS UNDER SECTION [1306-C(3)] 1306-C(A)(3) OR (B) OR
HAS BEEN AUTHORIZED TO CARRY A FIREARM MUST, BEFORE ENTERING
UPON THE DUTIES OF THE OFFICE, SATISFY THE FOLLOWING:
(1) SUCCESSFULLY COMPLETE BASIC 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) OR HAS GRADUATED
FROM THE PENNSYLVANIA STATE POLICE ACADEMY, HAS BEEN EMPLOYED
AS A STATE TROOPER WITH THE PENNSYLVANIA STATE POLICE AND HAS
SEPARATED FROM THAT SERVICE IN GOOD STANDING.
(2) (I) SUCCESSFULLY COMPLETE THE BASIC SCHOOL RESOURCE
OFFICER COURSE OFFERED BY THE NATIONAL ASSOCIATION OF
SCHOOL RESOURCE OFFICERS OR AN EQUIVALENT COURSE OF
INSTRUCTION APPROVED BY THE COMMISSION.
(II) A SCHOOL POLICE OFFICER WHO IS [CURRENTLY]
EMPLOYED OR CONTRACTED BY A SCHOOL ENTITY OR NONPUBLIC
SCHOOL BEFORE SEPTEMBER 2, 2019, SHALL HAVE [SIX MONTHS
FROM THE EFFECTIVE DATE OF THIS PARAGRAPH] UNTIL THE
BEGINNING OF THE 2020-2021 SCHOOL YEAR TO COMPLETE THE
INSTRUCTION.
* * *
SECTION 1306-C. POWERS AND DUTIES.
(A) GENERAL RULE.--A SCHOOL POLICE OFFICER APPOINTED UNDER
SECTION 1302-C(B) SHALL POSSESS AND EXERCISE ALL THE FOLLOWING
POWERS AND DUTIES:
(1) TO ENFORCE GOOD ORDER IN SCHOOL BUILDINGS, ON SCHOOL
BUSES AND ON SCHOOL GROUNDS IN THE RESPECTIVE SCHOOL ENTITIES
OR NONPUBLIC SCHOOLS. FOR PURPOSES OF THIS PARAGRAPH, THE
TERM "SCHOOL BUS" SHALL INCLUDE A VEHICLE LEASED BY THE
SCHOOL ENTITY OR NONPUBLIC SCHOOL TO TRANSPORT STUDENTS AND A
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VEHICLE OF MASS TRANSIT USED BY STUDENTS TO GO TO AND FROM
SCHOOL AND SCHOOL ACTIVITIES WHEN THE SCHOOL POLICE OFFICER
RESPONDS TO A REPORT OF AN INCIDENT INVOLVING A BREACH OF
GOOD ORDER OR VIOLATION OF LAW.
(3) IF AUTHORIZED BY THE COURT, TO ISSUE SUMMARY
CITATIONS OR TO DETAIN INDIVIDUALS IN SCHOOL BUILDINGS, ON
SCHOOL BUSES AND ON SCHOOL GROUNDS IN THE RESPECTIVE SCHOOL
ENTITIES OR NONPUBLIC SCHOOLS UNTIL LOCAL LAW ENFORCEMENT IS
NOTIFIED.
(B) SPECIFIC POWERS.--IF AUTHORIZED BY THE COURT, A SCHOOL
POLICE OFFICER WHO IS A LAW ENFORCEMENT OFFICER EMPLOYED BY A
SCHOOL ENTITY OR NONPUBLIC SCHOOL WHOSE RESPONSIBILITIES,
INCLUDING WORK HOURS, ARE ESTABLISHED BY THE SCHOOL ENTITY OR
NONPUBLIC SCHOOL, MAY EXERCISE THE SAME POWERS AS EXERCISED
UNDER AUTHORITY OF LAW OR ORDINANCE BY THE POLICE OF THE
MUNICIPALITY IN WHICH THE SCHOOL PROPERTY IS LOCATED.
SECTION 1313-C. SCHOOL RESOURCE OFFICERS.
* * *
(A.1) TRAINING.--
* * *
(2) A SCHOOL RESOURCE OFFICER WHO IS [CURRENTLY]
STATIONED IN A SCHOOL ENTITY OR NONPUBLIC SCHOOL BEFORE
SEPTEMBER 2, 2019, SHALL HAVE [SIX MONTHS FROM THE EFFECTIVE
DATE OF THIS SUBSECTION] UNTIL THE BEGINNING OF THE 2020-2021
SCHOOL YEAR TO COMPLETE THE INSTRUCTION.
* * *
SECTION 1314-C. SCHOOL SECURITY GUARDS.
* * *
(a) Scope of services.--A school security guard may provide
the following services as determined by the school entity or
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nonpublic school:
(1) School safety support services.
(2) Enhanced campus supervision.
(3) Assistance with disruptive students.
(4) Monitoring visitors on campus.
(5) Coordination with law enforcement officials,
including school police officers and school resource
officers.
(6) Security functions which improve and maintain school
safety.
(B) TRAINING.--THE FOLLOWING SHALL APPLY:
(1) [A] PRIOR TO ENTERING UPON THE DUTIES OF THE OFFICE,
A SCHOOL SECURITY GUARD SHALL SUCCESSFULLY COMPLETE THE BASIC
SCHOOL RESOURCE OFFICER COURSE OFFERED BY THE NATIONAL
ASSOCIATION OF SCHOOL RESOURCE OFFICERS OR AN EQUIVALENT
COURSE OF INSTRUCTION APPROVED BY THE COMMISSION.
(2) A SCHOOL SECURITY GUARD WHO IS [CURRENTLY] EMPLOYED
OR CONTRACTED BY A SCHOOL ENTITY OR NONPUBLIC SCHOOL BEFORE
SEPTEMBER 2, 2019, SHALL HAVE [SIX MONTHS FROM THE EFFECTIVE
DATE OF THIS SUBSECTION] UNTIL THE BEGINNING OF THE 2020-2021
SCHOOL YEAR TO COMPLETE THE INSTRUCTION.
* * *
[(c) Armed school security guards.--A school entity or
nonpublic school may employ or contract with an independent
contractor or a third-party vendor under section 1311-C for an
armed school security guard if all of the following conditions
are met:
(1) Except as set forth in subsection (d) or (e), the
school security guard is licensed under 18 Pa.C.S. Ch. 61
Subch. A (relating to Uniform Firearms Act).
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(2) Except as set forth in subsection (d) or (e), the
school security guard has successfully completed and is
currently certified under the act of October 10, 1974
(P.L.705, No.235), known as the Lethal Weapons Training Act.
(3) The school security guard has complied with training
requirements under subsection (b).
(4) The school security guard has satisfied the
requirements under sections 111 and 111.1 and 23 Pa.C.S. ยง
6344 (relating to employees having contact with children;
adoptive and foster parents).
(d) Active law enforcement officers.--Active law enforcement
officers shall be exempt from the training requirements for
school security guards under subsection (c)(1) and (2) upon
presentation to the school entity or nonpublic school of
evidence of their completion of the training requirements under
53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police
education and training).
(e) Retired law enforcement officers.--A retired law
enforcement officer shall be exempt from the training
requirements for school security guards under subsection (c)(1)
and (2) if the retired officer:
(1) complies with section 8.1 of the Lethal Weapons
Training Act; or
(2) has been issued a firearm training and qualification
card under section 5 of the act of December 13, 2005
(P.L.432, No.79), known as the Retired Law Enforcement
Identification Act.]
SECTION 3. SECTION 1605 OF THE ACT IS AMENDED BY ADDING A
SUBSECTION TO READ:
Section 1605. Courses of Study.--* * *
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(d) (1) Beginning with students graduating from a public
high school at the end of the 2020-2021 school year, and
continuing in each school year thereafter, a student who
successfully completes a course in personal finance during
grades nine through twelve shall be permitted to apply up to one
credit earned for successful completion of the course to satisfy
the student's social studies , family and consumer science ,
mathematics or business education credit requirement for
graduation , provided that the governing body of the student's
public high school shall have discretion to determine the
graduation credit requirement to which the credit earned by the
student shall be applied.
(2) A student shall not be permitted to apply more than one
credit earned under subsections (c) and (d) to satisfy the
student's mathematics credit requirement for graduation.
(3) As used in this subsection, the following words and
phrases shall have the meanings given to them in this paragraph
unless the context clearly indicates otherwise:
"Personal finance " shall mean the integration of various
factors relating to personal financial management, including
understanding financial institutions, using money, learning to
manage personal assets and liabilities, creating budgets and any
other factors that may assist an individual in this Commonwealth
to be financially responsible.
"Public high school" shall mean a public school, including a
school within a school district, a charter school, a cyber
charter school, a regional charter school or a career and
technical school, that offers twelfth grade.
SECTION 4. SECTION 2001-I(I)(13) OF THE ACT, ADDED JULY 2,
2019 (P.L.417, NO.70), IS AMENDED TO READ:
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SECTION 2001-I. PUBLIC HIGHER EDUCATION FUNDING COMMISSION.
* * *
(I) ADDITIONAL POWERS AND DUTIES.--THE COMMISSION SHALL HAVE
ALL OF THE FOLLOWING POWERS AND DUTIES:
* * *
(13) ISSUE A REPORT OF THE COMMISSION'S FINDINGS AND
RECOMMENDATIONS TO THE GOVERNOR, THE PRESIDENT PRO TEMPORE OF
THE SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE
MAJORITY LEADER AND MINORITY LEADER OF THE SENATE, THE
MAJORITY LEADER AND MINORITY LEADER OF THE HOUSE OF
REPRESENTATIVES, THE SECRETARY OF EDUCATION, THE STATE BOARD
OF EDUCATION, THE APPROPRIATIONS COMMITTEE OF THE SENATE, THE
APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES, THE
EDUCATION COMMITTEE OF THE SENATE AND THE EDUCATION COMMITTEE
OF THE HOUSE OF REPRESENTATIVES NOT LATER THAN [ONE YEAR
AFTER THE EFFECTIVE DATE OF THIS SECTION] NOVEMBER 30, 2020.
* * *
SECTION 5. SECTION 2602-K(C) OF THE ACT, ADDED JUNE 28, 2019
(P.L.117, NO.16), IS AMENDED TO READ:
SECTION 2602-K. FOSTERING INDEPENDENCE WAIVER PROGRAM.
* * *
(C) ELIGIBILITY.--IN ORDER TO RECEIVE A FOSTERING
INDEPENDENCE WAIVER UNDER THIS SECTION, AN INDIVIDUAL MUST BE A
CURRENT RESIDENT OF THIS COMMONWEALTH AND ELIGIBLE FOR THE
PENNSYLVANIA CHAFEE EDUCATION AND TRAINING GRANT PROGRAM UNDER
THE FOSTER CARE INDEPENDENCE ACT OF 1999 (PUBLIC LAW 106-169,
113 STAT. 1822) AS ADMINISTERED BY THE DEPARTMENT OF HUMAN
SERVICES AND MUST HAVE APPLIED FOR ALL AVAILABLE FEDERAL AND
STATE GRANTS.
* * *
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Section 2 6. This act shall take effect in 60 days. AS
FOLLOWS:
(1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
IMMEDIATELY:
(I) THE AMENDMENT OF THE DEFINITION OF "SCHOOL
SECURITY GUARD" IN SECTION 1301-C AND SECTIONS 1302-C(B)
(2), 1305-C(A), 1306-C, 1313-C(A.1)(2) AND 1314-C(B) OF
THE ACT.
(II) THIS SECTION.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
DAYS.
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