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PRINTER'S NO. 1751
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1422
Session of
2019
INTRODUCED BY ORTITAY, BERNSTINE, READSHAW, STRUZZI, MIHALEK,
KAIL AND PUSKARIC, MAY 7, 2019
REFERRED TO COMMITTEE ON EDUCATION, MAY 7, 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," providing for school grounds self-
defense.
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 an
article to read:
ARTICLE XIII-E
SCHOOL GROUNDS SELF-DEFENSE
Section 1301-E. 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:
"Account." The School Grounds Self-Defense Training Account
established under section 1304-E.
"Committee." The School Safety and Security Committee
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established under section 1302-B.
"Commission." The Pennsylvania Commission on Crime and
Delinquency.
"Department." The Department of Education of the
Commonwealth.
"Program." The School Grounds Self-Defense Training Program
established under section 1302-E.
"Training." Self-defense training, which is provided by a
designated business firm.
Section 1302-E. School Grounds Self-Defense Training Program.
(a) Establishment.--The School Grounds Self-Defense Training
Program is established within the commission to provide violent
intruder and active shooter training for professional employees,
temporary professional employees, nonprofessional employees and
administrators employed by a school district.
(b) Designation of trainers.--Not later than November 1,
2019, in consultation with the department, the commission shall:
(1) Designate business firms to serve as school grounds
self-defense trainers for purposes of the program. Each
designated business firm must:
(i) currently operate training that provides
realistic and applicable techniques to counter an active
shooter or violent intruder;
(ii) provide a blended learning program;
(iii) have experience training school district
personnel;
(iv) have personnel with background in the military,
in law enforcement and as school resource officers as
defined in section 1301-C; and
(v) demonstrate an ability to provide interactive
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violent intruder training and active shooter training to
school entities.
(2) Post notice of the designation under paragraph (1)
on the commission's publicly accessible Internet website.
(c) Training.--
(1) A designated business firm under subsection (b)
shall be the exclusive designated provider of training under
the program.
(2) Training shall include the following:
(i) An initial walk-through evaluation and
vulnerability assessment.
(ii) Computer-based training.
(iii) Hands-on training, including drills and mock
events.
(3) Training may occur during in-service days or before
or after the school day.
(4) Training may be used to fulfill continuing
professional education requirements under section 1205.2.
Section 1303-E. Simulation drills.
After the development of the program under section 1302-E,
each school district shall provide notification to the committee
with the following information:
(1) Advance explanation of the format of a simulation
drill under the program, including notice that certain
features of the drill may be kept confidential.
(2) Any role that a school employee may be expected to
fulfill during a simulation drill, such as a mock perpetrator
or victim.
(3) The ability of a school employee to opt out of
active participation in a simulation drill as a mock
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perpetrator or victim, without explaining the reason.
(4) The ability of a school employee to opt out of
active participation in any aspect of a simulation drill,
without explaining the reason, and the ability to receive
less intense, alternative training.
(5) The ability of a school employee to cease
participation after a simulation drill has been initiated or
to enter into a safe zone where the school employee may go
for respite during the drill.
Section 1304-E. School Grounds Self-Defense Training Account.
(a) Establishment.--The School Grounds Self-Defense Training
Account is established as an interest-bearing restricted account
in the General Fund.
(b) Purpose.--
(1) Money in the account, including interest and other
earnings, is appropriated to the committee and shall only be
used for grants under this article.
(2) Money in the account may not, by administrative
action, be transferred or diverted for a purpose other than
the award of grants under this article.
(c) Sources of funding.-- Money in the account shall include,
but not be limited to, appropriations and transfers from the
General Fund, special funds, Federal funds and other sources of
revenue made available to the account.
(d) Deposits.--
(1) D eposits into the account shall include any
appropriations, contributions, transfers and money received
by the commission to fulfill the purposes of this article.
(2) No administrative action shall prevent the deposit
of money into the account in the fiscal year in which the
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money is received.
(e) Transfer.--Not later than November 1, 2019, the sum of
$5,000,000, as a result of the basic education funding
allocation, shall be transferred from the General Fund to the
account.
(f) Time limitation.--Money from the account shall be
allocated for the purpose of making grants under this section
not later than October 31, 2020.
Section 1305-B. Grants.
(a) General duties of committee.--The committee shall
perform all functions related to the direct approval,
disbursement and administration of grants under the program.
(b) Application form.--Not later than November 1, 2019, the
committee shall:
(1) Develop an application form for school districts
that seek to receive a grant for training under the program.
The application shall include the following:
(i) The number of school buildings within the school
district that will receive training under the program.
(ii) A certification that the grant will be used by
the school district to pay the costs associated with
training under the program.
(iii) Other information that the committee requires
to facilitate the consideration and award of grants under
this article.
(2) Post the application form under paragraph (1) on the
committee's publicly accessible Internet website.
(c) Limitation.--A school district may submit only one
application for a grant during the duration of the program.
(d) Approval process.--
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(1) Upon reviewing an application for a grant under this
article, the committee shall determine whether a school
district has made a meritorious application and shall award a
grant to the school district of up to $5,000 for each school
building in the school district.
(2) The committee shall notify each school district
applicant of the approval or denial of a grant award. The
following shall apply:
(i) A notice of approval shall include the amount of
the grant specified by school building.
(ii) A notice of denial shall specify the reasons
for the denial.
(e) Purpose of grant.--A grant under this section may only
be used to pay the costs associated with training under the
program.
(f) Pro rata award of grants.--If insufficient money is
appropriated or money is otherwise unavailable to cover the
entire cost of the program for all school districts with
approved applications, grant allocations shall be made on a pro
rata basis.
Section 1306-E. Training requirements.
(a) Coordination.--As soon as practicable after a school
district receives notice that the school district's application
for a grant under section 1305-E has been approved, the school
district shall coordinate with a designated business firm to
schedule the training.
(b) Uncompleted training.--If training is not completed
within one year of the notice of the approved application, the
approval shall be rescinded, and any grant money provided to the
school district for that uncompleted training shall be returned
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to the account.
Section 1307-E. Effect of grant.
A grant that is awarded through the program shall be used to
supplement and not supplant existing school district spending on
school safety and security.
Section 1308-E. Reporting.
(a) Time for submission.--Not later than August 31, 2021,
the committee shall submit a written report concerning the
program.
(b) Recipients.--The report under this section shall be
submitted to the following:
(1) The chairperson and minority chairperson of the
Appropriations Committee of the Senate.
(2) The chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives.
(3) The chairperson and minority chairperson of the
Education Committee of the Senate.
(4) The chairperson and minority chairperson of the
Education Committee of the House of Representatives.
(c) Contents.--The report under this section shall include,
but not be limited to, all of the following:
(1) The number of participating school districts,
including the number and description of school buildings
within the school district that participated in the program
and received a grant under this article.
(2) The number of professional employees, temporary
professional employees, nonprofessional employees and
administrators participating in the program, including the
number of individuals who:
(i) opted out of active participation in some or all
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of a simulation drill;
(ii) ceased participation after a simulation drill
has been initiated; or
(iii) entered into a safe zone for respite during
the simulation drill.
(3) An assessment of the success of the program.
(4) Recommendations regarding the possible extension and
expansion of the program, including a proposed timeline for
any potential expansion.
Section 1309-E. Guidelines.
The commission shall develop guidelines as necessary to
implement the provisions of this article.
Section 2. This act shall take effect immediately.
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