Regular Session 2019-2020 Senate Bill 0621 P.N. 0866

PRIOR PRINTER'S NOS. 714, 727

PRINTER'S NO. 866

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

621

Session of

2019

INTRODUCED BY REGAN, SCARNATI, PHILLIPS-HILL, BROOKS,

BARTOLOTTA, ARGALL, FOLMER, GORDNER, YAW, DiSANTO, KILLION,

MENSCH, STEFANO, J. WARD AND BROWNE, MAY 6, 2019

AS AMENDED ON SECOND CONSIDERATION, JUNE 4, 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," amending provisions relating to

school police officers and school resource officers, and

imposing powers and duties on the Pennsylvania Commission on

Crime and Delinquency.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Article XIII-C heading and sections 1301-C, 1302-

C, 1303-C, 1305-C, 1306-C, 1309-C, 1311-C, 1313-C and 1314-C of

the act of March 10, 1949 (P.L.30, No.14), known as the Public

School Code of 1949, added June 22, 2018 (P.L.327, No.44), are

amended to read:

ARTICLE XIII-C

SCHOOL [POLICE OFFICERS AND

SCHOOL RESOURCE OFFICERS] SECURITY

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:

"Commission." The Pennsylvania Commission on Crime and

Delinquency.

"Department." The Department of Education of the

Commonwealth.

"Independent contractor." An individual, including a retired

Federal agent or retired State, municipal or military police

officer or retired sheriff or deputy sheriff, who has a WHOSE

RESPONSIBILITIES, INCLUDING WORK HOURS, ARE ESTABLISHED IN A

WRITTEN contract with a school entity or a nonpublic school for

the purpose of performing school security services.

"School entity." A school district, intermediate unit, area

vocational-technical school, charter school or private

residential rehabilitative institution.

"School police officer." Any of the following:

(1) A law enforcement officer employed by a school

[district] entity or nonpublic school whose responsibilities,

including work hours, are established by the school

[district] entity or nonpublic school.

(2) An independent contractor or an individual provided

through a third party vendor who has been appointed under

section 1302-C.

"School resource officer." A law enforcement officer

commissioned and employed by a law enforcement agency whose duty

station is located in a school entity or nonpublic school and

whose stationing is established by an agreement between the law

enforcement agency and the school entity[.] or nonpublic school.

The term includes an active certified sheriff or deputy sheriff

whose stationing in the school entity or nonpublic school is

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established by an A WRITTEN agreement between the county, the

sheriff's office and the school entity or nonpublic school.

"School security guard." An individual employed by a school

entity, nonpublic school or a third party [contractor] vendor or

an independent contractor who is assigned to a school for

routine safety and security duties and [is not engaged in

programs with students at the school.] has not been granted

powers under section 1306-C(2) and (3).

"Third party vendor." A company or entity approved by the

Office of Safe Schools under section 1302-A(b)(8) or the

commission under section 1315-C(2) that provides school security

services.

Section 1302-C. School police officers.

(a) Application to court.--A school entity or nonpublic

school may apply to a judge of the court of common pleas of the

county within which the school entity or nonpublic school is

situated to appoint a person or persons, as the board of

directors of the school entity or the administration of the

nonpublic school may designate, to act as a school police

officer for the school entity or nonpublic school.

(b) Appointment.--

(1) The judge, upon the application, may appoint a

person or persons, as the judge deems proper, to be the

school police officer and shall note the fact of the

appointment to be entered upon the records of the court.

(2) The judge may, at the request of the school entity

or nonpublic school, grant the school police officer the

power to arrest as provided in section 1306-C(2), the

authority to issue citations for summary offenses as provided

in section 1306-C(3) or the authority to detain students

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until the arrival of local law enforcement or any combination

thereof.

(3) The judge may SHALL , at the request of the school

entity or nonpublic school, grant the school police officer

the authority to carry a firearm if the school police officer

satisfies the requirements under section 1305-C.

Section 1303-C. Annual report [to department].

A school entity or nonpublic school which employs or

contracts for a school police officer shall report annually to

the department and the [Office of Safe Schools] commission the

following information regarding school police officers receiving

training as required under 53 Pa.C.S. Ch. 21 Subch. D (relating

to municipal police education and training):

(1) The identity of the school entity or nonpublic

school and the number of school police officers employed or

contracted by the school entity or nonpublic school.

(2) The municipalities comprising the school entity or

in which the nonpublic school is located.

(3) The date and type of training provided to each

school police officer.

Section 1305-C. [Firearm training] Training.

A school police officer who has been granted powers under

section 1306-C(2) or (3) or has been authorized to carry a

firearm must, before entering upon the duties of the office,

[successfully] satisfy the following:

(1) Successfully complete such annual training as [set

forth in] required by 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 [have] has graduated from the Pennsylvania State

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Police Academy [and have], 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 of Instruction 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 shall have one year SIX MONTHS from the effective

date of this paragraph to complete the instruction.

Section 1306-C. Powers and duties.

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.

(2) If authorized by the court, to 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.

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

citations or to detain individuals until local law

enforcement is notified.

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Section 1309-C. Cooperative police service agreements.

(a) General rule.--A school entity or nonpublic school and

municipality may enter into a cooperative police service

agreement under 42 Pa.C.S. § 8953(e) (relating to Statewide

municipal police jurisdiction) and 53 Pa.C.S. § 2303 (relating

to intergovernmental cooperation authorized) to authorize the

exercise of concurrent jurisdiction with local law enforcement

within the municipality where the [school or] school entity or

nonpublic school is located or within the municipality in which

a school event or activity will take place.

(b) Municipalities without municipal police departments.--

(1) If a school entity or nonpublic school is located

within a municipality where no municipal police department

exists, the school entity or nonpublic school may enter into

a cooperative police service agreement under 42 Pa.C.S. §

8953(e) and 53 Pa.C.S. § 2303 with a municipality providing

full-time or part-time police coverage that is located

adjacent to the school entity or nonpublic school.

(2) At least 30 days prior to executing a cooperative

police service agreement under this subsection, the school

entity or nonpublic school shall provide written notice of

its intent to enter into the agreement to the municipality

where the school entity or nonpublic school is located.

(3) A copy of the executed agreement shall be provided

to the commanding officer of the Pennsylvania State Police

installation that provides primary police services to the

municipality where the school entity or nonpublic school is

located.

(4) A cooperative police service agreement entered into

under this subsection shall only pertain to actions taken on

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school property under the agreement and shall not affect the

jurisdiction of the Pennsylvania State Police.

Section 1311-C. Independent contractors and third party

vendors.

[Notwithstanding section 1310-C, a school entity or nonpublic

school may contract with individuals who are retired Federal

agents or retired State, municipal or military police officers

or sheriffs to provide services under this article. The

individuals shall be considered independent contractors of the

school entity or nonpublic school and shall be compensated by

the school entity or nonpublic school on an hourly basis and

receive no other compensation or fringe benefits from the school

entity or nonpublic school.]

(a) General rule.--Notwithstanding section 1310-C, a school

entity or nonpublic school may contract with an independent

contractor or third party vendor to provide school police

officer or school security guard services under this article.

(b) School police officer services.--[The school entity or

nonpublic school shall ensure that [the] an independent

[contractors comply] contractor or an individual provided

through a third party vendor complies with all of the following

prior to performing services for the school entity or nonpublic

school:]

(1) [Completed [such annual training as is required by

the Municipal Police Officers' Education and Training

Commission under 53 Pa.C.S. Ch. 21 Subch. D (relating to

municipal police education and training)] PRIOR TO PERFORMING

SERVICES FOR A SCHOOL ENTITY OR NONPUBLIC SCHOOL, AN

INDEPENDENT CONTRACTOR OR AN INDIVIDUAL PROVIDED THROUGH A

THIRD PARTY VENDOR SHALL COMPLETE the training required under

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section 1305-C.

(2) Satisfied the requirements of section 111.

(2) [SATISFIED] PRIOR TO PERFORMING SERVICES FOR A

SCHOOL ENTITY OR NONPUBLIC SCHOOL, AN INDEPENDENT CONTRACTOR

OR AN INDIVIDUAL PROVIDED THROUGH A THIRD PARTY VENDOR SHALL

SATISFY THE REQUIREMENTS OF [SECTION] SECTIONS 111 AND 111.1

AND 23 PA.C.S. § 6344 (RELATING TO EMPLOYEES HAVING CONTACT

WITH CHILDREN; ADOPTIVE AND FOSTER PARENTS).

(3) [In the case of a school entity, indemnified by the

school entity under 42 Pa.C.S. § 8548 (relating to

indemnity).] IF PROVIDED IN THE WRITTEN CONTRACT, AN

INDEPENDENT CONTRACTOR OF A SCHOOL ENTITY PUBLIC SHALL BE

TREATED AS AN EMPLOYEE OF A LOCAL AGENCY UNDER 42 PA.C.S. CH.

85 SUBCH. C (RELATING TO ACTIONS AGAINST LOCAL PARTIES).

(4) In the case of a nonpublic school, insured by the

(4) AN INDEPENDENT CONTRACTOR OF A NONPUBLIC SCHOOL

SHALL BE INSURED BY THE nonpublic school for any liability

arising from the performance of their THE INDEPENDENT

CONTRACTOR'S duties.

nonpublic school shall ensure that the independent contractor or

an individual provided through a third party vendor complies

with all of the following prior to performing services for the

school entity or nonpublic school:

(1) Has completed

(1) PRIOR TO PERFORMING SERVICES FOR A SCHOOL ENTITY OR

NONPUBLIC SCHOOL, AN INDEPENDENT CONTRACTOR OR AN INDIVIDUAL

PROVIDED THROUGH A THIRD PARTY VENDOR SHALL COMPLETE the

training required under section 1314-C(b), if applicable.

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(2) Satisfied the requirements of section 111.

(3) For a school entity, has been indemnified by the

school entity under 42 Pa.C.S. § 8548.

(4) For a nonpublic school, has been insured by the

(2) PRIOR TO PERFORMING SERVICES FOR A SCHOOL ENTITY OR

NONPUBLIC SCHOOL, AN INDEPENDENT CONTRACTOR OR AN INDIVIDUAL

PROVIDED THROUGH A THIRD PARTY VENDOR SHALL SATISFY THE

REQUIREMENTS OF SECTIONS 111 AND 111.1 AND 23 PA.C.S. § 6344.

(3) IF PROVIDED IN THE WRITTEN CONTRACT, AN INDEPENDENT

CONTRACTOR OF A SCHOOL ENTITY PUBLIC SHALL BE TREATED AS AN

EMPLOYEE OF A LOCAL AGENCY UNDER 42 PA.C.S. CH. 85 SUBCH. C.

(4) AN INDEPENDENT CONTRACTOR OF A NONPUBLIC SCHOOL

SHALL BE INSURED BY THE nonpublic school for any liability

arising from the performance of the independent contractor's

or individual's duties.

Section 1313-C. School resource officers.

(a) Powers and duties.--A school entity or nonpublic school

may confer the following powers and duties upon school resource

officers:

(1) To assist in the identification of physical changes

in the environment which may reduce crime in or around the

school.

(2) To assist in developing school policy which

addresses crime and to recommend procedural changes.

(3) To develop and educate students in crime prevention

and safety.

(4) To train students in conflict resolution,

restorative justice and crime awareness.

(5) To address crime and violence issues, gangs and drug

activities affecting or occurring in or around a school.

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(6) To develop or expand community justice initiatives

for students.

(a.1) Training.--

(1) Prior to entering upon the duties of the office , a

school resource officer shall successfully complete the Basic

School Resource Officer Course of Instruction offered by the

National Association of School Resource Officers or an

equivalent course of instruction approved by the commission.

(2) A school resource officer WHO IS CURRENTLY EMPLOYED

BY, AND whose duty station is located in a school entity or

nonpublic school shall have one year SIX MONTHS from the

effective date of this subsection to complete the

instruction.

(b) Intergovernmental agreements for school [security and

safety] RESOURCE OFFICERS.--

(1) The board of school directors of a school district

may enter into agreements with other political subdivisions

to provide for [the safety and security of the] school

RESOURCE OFFICERS , SUBJECT TO THE STATUTORY AUTHORITY OF

SCHOOL RESOURCE OFFICERS.

(2) The board of school directors may use school funds

to share costs with municipalities and counties for such

expenses as benefits and salaries of school resource officers

[and probation officers].

(3) School resource officers [and probation officers]

are not required to be employees of the school district and

may be employees of other political subdivisions.

Section 1314-C. School security guards.

(a) Scope of services.--A school security guard may provide

the following services as determined by the school entity or

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nonpublic school:

(1) School safety support services.

(2) Enhanced campus supervision.

(3) Assistance with disruptive students.

(4) Monitoring visitors on campus.

(5) Coordination with law enforcement officials,

including school police officers and school resource

officers.

(6) Security functions which improve and maintain school

safety.

(b) Training.--The following shall apply:

(1) A school security guard shall successfully complete

the basic school resource officer course of instruction

offered by the National Association of School Resource

Officers or an equivalent course of instruction approved by

the commission.

(2) A school security guard who is currently employed or

contracted by a school entity or nonpublic school shall have

one year SIX MONTHS from the effective date of this

subsection to complete the instruction.

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:

(1) The school security guard is licensed under 18

Pa.C.S. Ch. 61 Subch. A (relating to Uniform Firearms Act).

(2) The school security guard has successfully completed

and is currently certified under the act of October 10, 1974

(P.L.705, No.235), known as the Lethal Weapons Training Act.

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(3) The school security guard has complied with training

requirements under subsection (b).

(4) The school security guard has satisfied the

requirements under section 111.

(d) Active or retired law enforcement officers.--Active or

retired law enforcement officers shall be exempt from the

training requirements for armed SCHOOL security guards under

subsection (b)(2) (C)(2) upon presentation to the school entity

or nonpublic school of evidence of their completion of the

training requirements under 53 Pa.C.S. Ch. 21 Subch. D (relating

to municipal police education and training).

Section 2. The act is amended by adding a section SECTIONS

to read:

Section 1315-C. Duties of the commission.

The commission shall have the following duties under this

article:

(1) In conjunction with the department and the

Pennsylvania State Police, periodically reassess the training

requirements for all school security personnel , INCLUDING THE

BASIC SCHOOL RESOURCE OFFICER COURSE OF INSTRUCTION OFFERED

BY THE NATIONAL ASSOCIATION OF SCHOOL RESOURCE OFFICERS .

(2) Establish criteria for certifying approved third

party vendors to provide school security guard services to

school entities and nonpublic schools.

(3) Publish and post on the commission's publicly

accessible Internet website a listing of all approved third

party vendors for school security guard services .

(4) Submit an annual report to the General Assembly on

school security, including all data collected from school

entities and nonpublic schools and recommendations for

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improvements in school security personnel training

requirements.

SECTION 1316-C. AUTHORITY TO POSSESS A FIREARM.

T HIS ARTICLE PROVIDES THE EXCLUSIVE MEANS FOR A SCHOOL ENTITY

OR NONPUBLIC SCHOOL TO AUTHORIZE SCHOOL SECURITY PERSONNEL TO

POSSESS A FIREARM ON SCHOOL PREMISES.

Section 3. This act shall take effect in 60 days.

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