Regular Session 2019-2020 House Bill 0049 P.N. 2893

PRIOR PRINTER'S NOS. 61, 1610, 1972,

2740

PRINTER'S NO. 2893

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

Session of

2019

INTRODUCED BY BROWN, PICKETT, T. DAVIS, RYAN, MURT, MACKENZIE,

KAUFFMAN, BERNSTINE, MILLARD, MENTZER, ZIMMERMAN, LONGIETTI,

SAINATO, YOUNGBLOOD, FREEMAN, SCHWEYER, SAYLOR, STAATS, HAHN,

NEILSON, STRUZZI, GAYDOS, WHEELAND, MULLINS, STURLA, ROTHMAN,

KORTZ, KINSEY AND TOOHIL, JANUARY 28, 2019

AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,

NOVEMBER 18, 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 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. The definition of "school security guard" in

section 1301-C of the act of March 10, 1949 (P.L.30, No.14),

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) AND (C)(3) 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

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

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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

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.

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(3) If authorized by the court, to issue summary

citations or to detain individuals WHO ARE 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.

* * *

(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.

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(2) [A] AN UNARMED 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.

* * *

(3) AN ARMED SCHOOL SECURITY GUARD WHO IS EMPLOYED OR

CONTRACTED BY A SCHOOL ENTITY OR NONPUBLIC SCHOOL BEFORE

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:

(A) THE GOVERNING BODY MUST DETERMINE THAT

COMPLYING WITH THE INSTRUCTION DEADLINE WOULD PRESENT

A HARDSHIP FOR THE SCHOOL ENTITY OR NONPUBLIC SCHOOL.

(B) THE GOVERNING BODY OF A SCHOOL ENTITY WHICH

IS SUBJECT TO 65 PA.C.S. CH. 7 (RELATING TO OPEN

MEETINGS) MAY DISCUSS THE ISSUE OF A HARDSHIP

EXTENSION IN EXECUTIVE SESSION, EXCEPT THAT APPROVAL

OF THE HARDSHIP EXTENSION MUST OCCUR AT A PUBLIC

MEETING.

SUBMIT THE APPROVED HARDSHIP EXTENSION TO THE OFFICE

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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 THE

ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS THE

RIGHT-TO-KNOW LAW.

(II) FOR THE PURPOSES OF THIS SECTION, A HARDSHIP

SHALL INCLUDE ANY OF THE FOLLOWING:

(A) INCREASED RISK TO STUDENTS, STAFF OR

VISITORS DUE TO THE ABSENCE OF SCHOOL SECURITY GUARDS

WHILE SCHOOL IS IN SESSION BECAUSE OF COMPLIANCE WITH

THE INSTRUCTION DEADLINE.

(B) DEPLOYMENT OR ACTIVE MILITARY SERVICE,

ILLNESS, FAMILY EMERGENCY, DEATH IN THE IMMEDIATE

FAMILY OR OTHER APPROVED LEAVE OF ABSENCE WHICH WOULD

PREVENT SCHOOL SECURITY GUARDS FROM COMPLYING WITH

THE INSTRUCTION DEADLINE.

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:

* * *

(3) THE SCHOOL SECURITY GUARD HAS [COMPLIED WITH

TRAINING] COMPLETED THE INSTRUCTIONAL REQUIREMENTS UNDER

SUBSECTION (B).

* * *

Section 3. Section 1605 of the act is amended by adding a

subsection to read:

Section 1605. Courses of Study.--* * *

(d) (1) Beginning with students graduating from a public

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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:

Section 2001-I. Public Higher Education Funding Commission.

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* * *

(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.

* * *

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.

* * *

SECTION 6. SCHOOL POLICE OFFICERS APPOINTED PRIOR TO

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SEPTEMBER 2, 2019, SHALL HAVE ALL AUTHORITIES AND POWERS GRANTED

BY THE COURT AT THE TIME OF APPOINTMENT.

Section 6 7. This act shall take effect 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) AND

(C)(3) of the act.

(ii) This section.

(2) The remainder of this act shall take effect in 60

days.

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