1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," <-providing for public hearing and vote 
6on acquisition of automatic external defibrillators. <-in 
7school health services, further providing for automated 
8external defibrillators.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

<-11Section 1. The act of March 10, 1949 (P.L.30, No.14), known
12as the Public School Code of 1949, is amended by adding a
13section to read:

14Section 1423.1. Public Hearing and Vote On Acquisition of
15Automatic External Defibrillators.--(a) Public hearings shall
16be as follows:

17(1) Subject to clauses (2) and (3), within ninety (90) days 
18of the effective date of this section and every five years 
19thereafter, the governing body of each school entity shall

1convene a public hearing to consider whether the school entity
2will acquire an automatic external defibrillator for each school
3building of the school entity. Representatives of the American
4Heart Association or the American Red Cross shall be invited to
5participate in the public hearing.

6(2) A school entity that has acquired an automatic external
7defibrillator for each school building of the school entity
8shall not be required to convene a public hearing under clause
9(1).

10(3) A school entity that is established after the effective
11date of this section shall convene a public hearing under clause
12(1) within ninety (90) days after the first day classes are in
13session for the school entity and every five years thereafter,
14subject to clause (2).

15(b) Within ninety (90) days of the public hearing convened
16pursuant to subsection (a), the governing body of each school
17entity shall approve or disapprove a resolution to acquire an
18automatic external defibrillator for each school building of the
19school entity by majority vote at a public meeting of the
20governing body.

21(c) Section 1423(c), (d), (e) and (f) shall apply to any
22school entity that acquires an automatic external defibrillator.

23(d) As used in this section--

24"Automatic external defibrillator" shall have the meaning set
25forth in section 1423(k).

26"School entity" means an area vocational-technical school, a
27charter school, a cyber charter school, an intermediate unit or
28a school district.

29Section 2. This act shall take effect immediately.

<-30Section 1. Section 1423 of the act of March 10, 1949
 

1(P.L.30, No.14), known as the Public School Code of 1949, added 
2May 17, 2001 (P.L.4, No.4), is amended to read:

3Section 1423. Automatic External Defibrillators.--(a) [For
4the fiscal year 2001-2002, the] The department shall establish
5[a one-time] an automatic external defibrillator program to
6assist school entities and nonpublic schools in [acquiring]
7making automatic external defibrillators available in school 
8buildings.

9(b) [The] On a biennial basis, the department, in
10consultation with the Department of General Services and the 
11Department of Health, shall issue an invitation to bid for the
12cost of automatic external defibrillators and other equipment 
13and supplies necessary for the proper operation of the device.
14The department shall accept the bid of the lowest responsible
15bidder and permit any school entity or nonpublic school to
16purchase the devices at the contract bid price. The department 
17may purchase automatic external defibrillators from any funds 
18appropriated pursuant to subsection (k) for distribution to 
19school entities and nonpublic schools.

20(c) To be eligible to obtain or purchase automatic external
21defibrillators under the program a school entity or nonpublic 
22school must:

23(1) Assure that two (2) or more persons assigned to the
24location where the automatic external defibrillator will be
25primarily housed are trained as required in subsection (d).

26(2) Ensure that the device will be secured in a safe and
27readily accessible location and agree to properly maintain and
28test the device according to the manufacturer's operational
29guidelines.

30(3) Submit a valid prescription for the device from a

1licensed medical practitioner in this Commonwealth.

2(4) Agree to provide the training required by subsection
3(d).

4(d) School personnel who are expected to use the automatic
5external defibrillator shall complete training in
6cardiopulmonary resuscitation and in the use of an automatic
7external defibrillator provided by the American Heart
8Association, the American Red Cross or through an equivalent
9course of instruction approved by the Department of Health.

10(e) A school entity may include the training required by
11subsection (d) in its continuing professional education plan
12submitted to the department under section 1205.1.

13(f) The provisions of 42 Pa.C.S. § 8331.2 (relating to good
14Samaritan civil immunity for use of automated external
15defibrillator) shall apply to school employes who render care
16with an automatic external defibrillator.

17(g) From funds appropriated for this purpose, the
18department[, upon request, shall provide: up to two (2)
19automatic external defibrillators to each school district; one
20(1) automatic external defibrillator to each intermediate unit;
21and one (1) automatic external defibrillator to each area
22vocational-technical school.] may assist school entities and 
23nonpublic schools that are not equipped with automatic external 
24defibrillators by providing a discount from the contract bid 
25price obtained under subsection (b) or by providing automatic 
26external defibrillators obtained under subsection (b).

27(g.1) The purchase of an automatic external defibrillator
28shall be considered an allowable use of Pennsylvania
29Accountability Grants under section 2599.2(b).

30(g.2) The purchase of automatic external defibrillators

1shall be considered an innovative educational program under
2Article XVII-F of the act of March 4, 1971 (P.L.6, No.2), known
3as the "Tax Reform Code of 1971."

4(h) [No school entity shall be required to participate in
5the automatic external defibrillator program.] (Reserved).

6(i) [No later than June 30, 2002, the secretary shall submit
7a report to the General Assembly describing the effectiveness of
8this section in outfitting the Commonwealth's school entities
9with automatic external defibrillators.] Not later than June 30, 
102014, and each year thereafter, each school entity shall make a 
11report to the department detailing the number, condition, age 
12and placement of automatic external defibrillators in each 
13school building. After the initial report is made, a school 
14entity may report this information as part of the annual report 
15required by the Commonwealth under section 2505.1 to receive 
16State reimbursement for health services.

17(i.1) A nonpublic school that participates in the automatic
18external defibrillator program under subsection (b) or (g) shall
19be subject to the reporting required under subsection (i).

20(i.2) The department shall annually publish a report on its
21publicly accessible Internet website no later than December 31,
222014, and each year thereafter. The report shall contain the
23following information:

24(1) The total number of automatic external defibrillators by
25school entity and nonpublic school.

26(2) The number of school buildings by school entity and
27nonpublic school <-that are equipped with automatic external
28defibrillators.

29(3) The number of school buildings by school entity and
30nonpublic school that <-need to be are not equipped with automatic

1external defibrillators.

2(j) The department may adopt guidelines as necessary to
3administer this section.

4(k) The General Assembly may appropriate funds to carry out 
5the provisions of this section.

6(l) As used in this section--

7"Automatic external defibrillator" means a portable device
8that uses electric shock to restore a stable heart rhythm to an
9individual in cardiac arrest.

10"Department" means the Department of Education of the
11Commonwealth.

12"Nonpublic school" means a nonprofit school, other than a 
13public school within this Commonwealth, wherein a resident of 
14this Commonwealth may legally fulfill the compulsory school 
15attendance requirements of this act and which meets the 
16applicable requirements of Title VI of the Civil Rights Act of 
171964 (Public Law 88-352, 78 Stat. 241).

18"School building" means a building owned by or under the
19control of a school entity or nonpublic school where classes are
20taught or extracurricular activities are conducted on a regular
21basis.

22"School entity" means an area vocational-technical school, a
23charter school, a cyber charter school, an intermediate unit[, a
24nonpublic school] or a school district.

25"Secretary" means the Secretary of Education of the
26Commonwealth.

27Section 2. This act shall take effect in 60 days.