AN ACT

 

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," <-further providing for school police 
6officers. <-in grounds and buildings, further providing for 
7sale of unused and unnecessary lands and buildings and for 
8school police officers; and, in safe schools, further 
9providing for Office for Safe Schools.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

<-12Section 1. Section 778(f) of the act of March 10, 1949
13(P.L.30, No.14), known as the Public School Code of 1949,
14amended June 25, 1997 (P.L.297, No.30), is amended and the
15section is amended by adding a subsection to read:

<-16Section 1. Section 707(8) of the act of March 10, 1949
17(P.L.30, No.14), known as the Public School Code of 1949,
18amended December 21, 1988 (P.L.1321, No.169), is amended to
19read:

20Section 707. Sale of Unused and Unnecessary Lands and

1Buildings.--The board of school directors of any district is
2hereby vested with the necessary power and authority to sell
3unused and unnecessary lands and buildings, by any of the
4following methods and subject to the following provisions:

5* * *

6(8) Notwithstanding the foregoing provisions of this
7section, any school district of the second, third or fourth
8class, upon approval of two-thirds (2/3) of the members of the
9board of school directors of such district, may convey any
10unused and unnecessary lands and buildings of the district to
11the city, borough, town [or], township or municipal authority,
12the boundaries of which are coterminous with or within those of
13the district or a volunteer fire company, volunteer ambulance
14service or volunteer rescue squad located within the district,
15without consideration, or for such consideration and on such
16terms of exchange or otherwise as may be agreed upon, without
17first complying with the requirements of the foregoing
18provisions of this section.

19All such conveyances to a city, borough, town [or], township
20or municipal authority shall contain a clause whereby the lands
21and buildings will revert to the school district if they are no
22longer being used for municipal or authority purposes, with the
23following exception. If the lands and buildings acquired from a
24former school district are conveyed to a city, borough, town
25[or], township or municipal authority, the boundaries of which
26are coterminous with or within those of the former school
27district, the conveyance need not contain a reverter clause.
28However, all conveyances to a volunteer fire company, volunteer
29ambulance service or volunteer rescue squad shall contain a
30clause whereby the lands and buildings will revert to the school

1district if they are no longer being used for fire, ambulance or
2rescue services.

3* * *

4Section 2. Section 778 of the act, amended or added June 25,
51997 (P.L.297, No.30) and July 4, 2004 (P.L.536, No.70), is
6amended to read:

7Section 778. School Police Officers.--<-* * * (a) Any school 
8[district] entity or nonpublic school may apply to any judge of 
9the court of common pleas of the county within which the school 
10[district] entity or nonpublic school is situated to appoint 
11such person or persons as the board of directors of the school 
12[district] entity or administration of the nonpublic school may 
13designate to act as school police officer for said school 
14[district] entity or nonpublic school. The judge, upon such 
15application, may appoint such person, or so many of them as he 
16may deem proper, to be such school police officer and shall note 
17the fact of such appointment to be entered upon the records of 
18the court. The judge may, at the request of the school 
19[district] entity or nonpublic school, grant the school police 
20officer the power to arrest as provided in subsection (c)(2), 
21the authority to issue citations for summary offenses or the 
22authority to detain students until the arrival of local law 
23enforcement, or any combination thereof.

24(a.1) Any school [district] entity or nonpublic school which
25employs a school police officer under this section shall report
26annually to the Department of Education, Office of Safe Schools,
27the following information regarding school police officers
28receiving training as required under 53 Pa.C.S. Ch. 21 Subch. D
29(relating to municipal police education and training):

30(1) The identity of the school [district] entity or
 

1nonpublic school and the number of school police officers it
2employs.

3(2) The municipalities comprising the school [district]
4entity or in which the nonpublic school is located.

5(3) The date and type of training provided to each school
6police officer.

7(b) Every school police officer so appointed shall, before
8entering upon the duties of his office, take and subscribe to
9the oath required by the seventh article of the Constitution,
10before an alderman or justice of the peace or prothonotary. Such
11oath shall be filed by the justice of the peace, alderman, or
12prothonotary among his papers, and a note made upon his docket
13of the fact of the oath having been taken.

14(b.1) Every school police officer who has been granted
15powers under subsection (c)(2) or (3) or has been authorized to
16carry a firearm must, before entering upon the duties of his
17office, successfully complete training as set forth in 53
18Pa.C.S. Ch. 21 Subch. D or have graduated from the Pennsylvania 
19State Police Academy and have been employed as a State trooper 
20with the Pennsylvania State Police.

21(c) Such school police officer so appointed shall severally
22possess and exercise all the following powers and duties:

23(1) To enforce good order in school buildings, on school
24buses and on school grounds in their respective school
25[districts] entity or nonpublic school. For purposes of this
26clause, the term "school bus" shall include vehicles leased by
27the school [district] entity or nonpublic school to transport
28students and vehicles of mass transit used by students to go to
29and from school when the school police officer is responding to
30a report of an incident involving a breach of good order or

1violation of law.

2(2) If authorized by the court, to exercise the same powers
3as are now or may hereafter be exercised under authority of law
4or ordinance by the police of the municipality wherein the
5school property is located.

6(3) If authorized by the court, to issue summary citations
7or to detain individuals until local law enforcement is
8notified.

9(d) Such school police officer shall, when on duty,
10severally wear a metallic shield or badge with the words "School
11Police," and the name of the [district] school entity or 
12nonpublic school for which appointed. Such shield shall always
13be worn in plain view when on duty except when employed as
14detective.

15(e) The compensation of such school police officers shall be
16paid by the school [district] entity or nonpublic school for
17which the school police officers are respectively appointed, as
18may be agreed upon between the board of school directors or 
19administration of the nonpublic school and the school police
20officer.

21(f) School [districts<-] entities or nonpublic schools and
22municipalities may enter into cooperative police service
23agreements pursuant to 42 Pa.C.S. § 8953(e) (relating to
24Statewide municipal police jurisdiction) and 53 Pa.C.S. § 2303 
25(relating to intergovernmental cooperation authorized) to
26authorize the exercise of concurrent jurisdiction with local law
27enforcement within the municipality where the school or school
28[district<-] entity or nonpublic school is located or within the
29municipality in which a school event or activity will take
30place.

1(f.1) (1) If a school is located within a municipality
2where no municipal police department exists, the school <-district
<-3entity or nonpublic school may enter into a cooperative police
4service agreement pursuant to 42 Pa.C.S. § 8953(e) and 53
5Pa.C.S. § 2303 with a municipality providing full-time police
6coverage that is located adjacent to the school. At least thirty
7(30) days prior to executing a cooperative police service
8agreement under this subsection, the school <-district entity or
9nonpublic school shall provide written notice of its intent to
10enter into the agreement to the municipality where the school is
11located. A copy of the executed agreement shall be provided to
12the commanding officer of the Pennsylvania State Police
13installation that provides primary police services to the
14municipality where the school is located.

15(2) A cooperative police service agreement entered into
16under this subsection shall only pertain to actions taken on
17school property pursuant to the agreement and shall not affect
18the jurisdiction of the Pennsylvania State Police.

<-19* * *

<-20(g) When acting within the scope of this section, school
21police officers shall, at all times, be employes of the school
22district and shall be entitled to all of the rights and benefits
23accruing therefrom.

24(h) Nothing in this section shall be construed to preclude a
25school [district] entity or nonpublic school from employing
26other security personnel as the school [district] entity or 
27nonpublic school deems necessary.

28(i) As used in this section, "school entity" shall have the
29same meaning given to it under section 222(c).

30Section 3. Section 1302-A(c.1) and (d) of the act, amended

1or added July 18, 2013 (P.L.571, No.70), are amended, subsection
2(b) is amended by adding paragraphs and the section is amended
3by adding a subsection to read:

4Section 1302-A. Office for Safe Schools.--* * *

5(b) The office shall have the power and duty to implement 
6the following:

7* * *

8(8) To establish criteria for certifying approved vendors to
9provide school police officers to nonpublic schools for the
10purposes of awarding grants under subsection (c.1)(3).

11(9) To publish and post on the Department of Education's
12publicly accessible Internet website a listing of all approved
13vendors under paragraph (8).

14* * *

15(c.1) (1) In addition to the powers and duties set forth
16under subsections (b) and (c), the office is authorized to make
17targeted grants to school entities [and to], municipalities, 
18local law enforcement agencies and approved vendors to fund
19programs which address school violence by establishing or
20enhancing school security, including costs associated with the
21training and compensation of school resource officers and school
22police officers. Municipalities or local law enforcement 
23agencies that receive grants under this subsection shall, with
24the prior consent of the governing board of the school entity or
25nonpublic school, assign school resource officers to carry out
26their official duties on the premises of the school entity or
27nonpublic school.

28(2) Municipalities or local law enforcement agencies may not
29receive grant funds under this subsection for any purpose other
30than for costs associated with school resource officers and are

1not eligible for other grants provided to school entities under
2this section. In assigning school resource officers pursuant to
3this subsection, municipalities shall take into consideration
4the proportion of students enrolled in each school entity or
5nonpublic school.

6(3) Nonpublic schools are authorized to apply to the office
7for grant funding under paragraph (1) to be used for the costs
8associated with obtaining the services of a school police
9officer from a list of approved vendors certified by the office.
10Grant awards for this purpose shall be awarded and paid directly
11to the approved vendor with which the nonpublic school contracts
12for services.

13(d) The office shall have the following duties as to
14targeted grants:

15(1) Targeted grants shall be allocated through a competitive
16grant review process established by the office. School entities
17must satisfy the requirements of this section and section 1303-A
18to be eligible for grants. The application for a targeted grant
19shall include:

20(i) the purpose for which the targeted grant shall be
21utilized;

22(ii) information indicating need for the targeted grant,
23including, but not limited to, school violence statistics;

24(iii) an estimated budget;

25(iv) methods for measuring outcomes; and

26(v) any other criteria as the office may require.

27(2) The office shall:

28(i) Give priority in grant funding under subsection (c) to a 
29school entity designated as a persistently dangerous school as 
30defined in 22 Pa. Code § 403.2 (relating to definitions).

1(ii) Give priority in grant funding under subsection (c) to
2school entities with the greatest need to establish safety and
3order.

4(iii) To the greatest extent possible, ensure that grant
5funding is geographically dispersed to school entities and
6municipalities throughout this Commonwealth.

7(iv) For school entities [and], municipalities, local law 
8enforcement agencies and nonpublic schools that apply for
9funding for the training and compensation of school resource
10officers and school police officers under subsection (c.1), give
11priority to school entities [and], municipalities, local law 
12enforcement agencies and nonpublic schools that utilize school
13resource officers or school police officers who have completed
14additional training recommended by the Department of Education
15relating to interaction with all children and adolescents within
16a school setting.

17(v) For school entities or nonpublic schools that apply for
18funding for school police officers under subsection (c.1), give
19priority to school entities and nonpublic schools that utilize
20school police officers who satisfy all of the following:

21(A) Are retired Federal agents or retired State, municipal
22or military police officers.

23(B) Are independent contractors of the school entity or 
24nonpublic school.

25(C) Are compensated on an hourly basis and receive no other
26compensation or fringe benefits from the school entity or 
27nonpublic school.

28(D) Have completed such annual training as shall be required
29by the Municipal Police Officers' Education and Training
30Commission pursuant to 53 Pa.C.S. Ch. 21 Subch. D (relating to

1municipal police education and training).

2(E) Are in satisfaction of the requirements of section 111.

3(F) [Have] In the case of a school entity, have been
4indemnified by the school entity pursuant to 42 Pa.C.S. § 8548
5(relating to indemnity).

6(G) Are utilized by a school entity or nonpublic school that
7has not employed a school police officer within the three years
8immediately preceding the effective date of this clause.

9Nothing in this clause shall be construed to impact on grant
10decisions for school entities [and], municipalities or local law 
11enforcement agencies that apply for funding for hiring of school
12resource officers pursuant to subsection (c.1).

13(3) The office shall provide all targeted grant agreements
14to the Department of Education's comptroller for review and
15approval prior to awarding the grant. The school entity [or],
16municipality, local law enforcement agency or approved vendor
17shall provide the office with full and complete access to all
18records relating to the performance of the grant, and shall
19submit, at such time and in such form as may be prescribed,
20truthful and accurate information that the office may require.
21The office shall conduct a thorough annual evaluation of each
22program for which a grant under this section is made. The office
23shall seek repayment of funds if it determines that funds were
24not utilized for the original stated purpose.

25* * *

26(f) As used in this section, "school entity" shall have the
27same meaning given to it under section 222(c).

28Section <-2 4. This act shall take effect in 60 days.