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PRINTER'S NO. 1811
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1188
Session of
2018
INTRODUCED BY LAUGHLIN, LANGERHOLC, WAGNER, WHITE, WARD, FOLMER
AND HUTCHINSON, JUNE 1, 2018
REFERRED TO EDUCATION, JUNE 1, 2018
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 duties and powers of boards of
school directors, providing for protection and defense of
pupils.
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 a
section to read:
Section 510.3. Protection and Defense of Pupils.--(a) (1)
The board of school directors in a school district may establish
a policy permitting school personnel access to electronic stun
guns in the buildings or on the grounds of a school.
(2) A board of school directors that establishes a policy
under this section shall do all of the following:
(i) Establish an electronic stun gun safety plan. The board
of school directors shall file the electronic stun gun safety
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plan with the law enforcement agency that provides law
enforcement services to the school. An electronic stun gun
safety plan shall not be deemed to be a public record under the
act of February 14, 2008 (P.L.6, No.3), known as the "Right-to-
Know Law." The electronic stun gun safety plan shall include all
of the following:
(A) Identification of the school personnel permitted access
to electronic stun guns pursuant to this section.
(B) Coordination between the law enforcement agency and
school personnel, including the school personnel permitted
access to electronic stun guns under this section, during an
emergency response.
(C) Procedures for the law enforcement agency to review the
discharge of electronic stun guns in the buildings or on the
grounds of the school that are owned by school personnel
permitted access to electronic stun guns under this section.
(ii) Provide for the storage of electronic stun guns in a
secured lockbox accessible only by use of an identification card
issued to school personnel authorized to have access to
electronic stun guns in the buildings or on the grounds of a
school. The secured storage system must be designed such that
the use of an identification card to open the lockbox
automatically transmits an alarm directly to an emergency
dispatch center.
(iii) Provide notification of the establishment of the
policy to the parents and guardians of all students enrolled in
each school of the school district that has school personnel who
are permitted access to electronic stun guns under this section.
(iv) Provide notification to the nearest hospital of the
number of schools in the school district where school personnel
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have access to electronic stun guns in the buildings and on the
property of the schools.
(b) School personnel permitted access to electronic stun
guns in the buildings or on the grounds of a school by the board
of school directors must:
(1) Maintain a current and valid certification in the use
and handling of an electronic stun gun issued under an
electronic stun gun training program that has been approved by
the Commissioner of Pennsylvania State Police to be of
sufficient scope and duration as to provide the participant with
basic training in the use and handling of electronic stun guns .
(2) Complete a psychological evaluation and receive a
professional opinion from the evaluating psychologist that the
individual is psychologically capable of exercising appropriate
judgment and restraint as an individual authorized to have
access to electronic stun guns in the buildings or on the
grounds of a school.
(c) Information regarding specific school personnel
permitted access to electronic stun guns in the buildings or on
the grounds of a school:
(1) Shall not be subject to the "Right-to-Know Law."
(2) May not be disclosed during a meeting open to the public
under 65 Pa.C.S. Ch. 7 (relating to open meetings).
(d) As used in this section, the term "electronic stun gun"
has the meaning given to the term "electric or electronic
incapacitation device" in 18 Pa.C.S. ยง 908.1 (relating to use or
possession of electric or electronic incapacitation device).
Section 2. This act shall take effect in 60 days.
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