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PRINTER'S NO. 1176
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1128
Session of
2021
INTRODUCED BY NEILSON, GUENST, SANCHEZ, HILL-EVANS, MERSKI,
ZIMMERMAN, SCHLOSSBERG, SCHWEYER, FREEMAN, CIRESI, DELLOSO
AND DEASY, APRIL 7, 2021
REFERRED TO COMMITTEE ON EDUCATION, APRIL 7, 2021
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 certification of teachers by the
National Board for Professional Teaching Standards, further
providing for CPR instruction and providing for procedures
regarding response to cardiac arrest and for donations for
use related to CPR and AED instruction; and, in school health
services, repealing provisions relating to automatic external
defibrillators and providing for availability and
specifications of automated external defibrillators.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1205.4 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended to read:
Section 1205.4. CPR and Use of AED Instruction.--(a) School
entities shall [be required to offer a cardiopulmonary
resuscitation training (CPR) class] make available to district
employes and volunteers instruction in the principles and
techniques of cardiopulmonary resuscitation (CPR) and the use of
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an automated external defibrillator (AED) on school premises at
least once every three years. The course shall be offered as an
option to all employes and volunteers of the school entity.
(b) Completion of training, including testing of skills and
knowledge, shall be documented by the signature and title of a
representative of the training entity and shall include the date
training was completed. Documentation shall be retained in the
facility in that employe's or volunteer's file. Training shall
be conducted by:
(1) the American Red Cross;
(2) the American Heart Association;
(3) an individual certified to conduct CPR training by the
American Red Cross, American Heart Association or other
certifying agency approved by the Department of Health; or
(4) other certifying agency approved by the Department of
Health.
(c) School [districts] entities may include this training in
the continuing education plan submitted by the district to the
Department of Education under section 1205.1.
(c.1) (1) School entities shall assure that each AED
location has at least five (5) persons trained and certified in
the use of an AED. Each school nurse, assistant school nurse,
athletic coach or sponsor, marching band director, physical
education teacher, athletic trainer, athletic training student
aide, cheerleading coach and any other school employe specified
by the Secretary of Education must participate in the
instruction in the use of an AED. A person described in this
subsection must receive and maintain certification in the use of
an AED from:
(i) the American Red Cross;
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(ii) the American Heart Association;
(iii) an individual certified to conduct AED training by the
American Red Cross, American Heart Association or other
certifying agency approved by the Department of Health; or
(iv) other certifying agency approved by the Department of
Health.
(2) A school entity shall assure that at a minimum one (1)
person trained and certified in the use of an AED is in the
immediate vicinity of the location of the AED during school
hours.
(c.2) A nonpublic or private school that receives an AED
from the Department of Education or receives funding from a
certifying agency to purchase or lease an AED under section
1205.7 shall adopt a policy under which the school makes
available to school employes and volunteers instruction in the
principles and techniques of CPR and the use of an AED. The
policy must comply with the requirements prescribed by this
section and rules adopted by the department.
(c.3) A cyber charter school may provide the instruction
under this section through the Internet or other electronic
means. If a cyber charter school provides the instruction under
this section through the Internet or other electronic means, the
cyber charter school shall be exempt from the academic standards
and guidelines developed regarding in-person instructional
requirements under this section.
(d) For purposes of this section, a school entity shall be
defined as a local school district, intermediate unit or area
career and technical school.
Section 2. The act is amended by adding sections to read:
Section 1205.8. Procedures Regarding Response to Cardiac
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Arrest.--(a) Each school entity as defined under section
1205.4, nonpublic school and private school shall develop safety
procedures to follow in responding to a medical emergency
involving cardiac arrest, including the appropriate response
time in administering cardiopulmonary resuscitation (CPR), using
an automated external defibrillator (AED) or calling a local
emergency medical services provider.
(b) A nonpublic or private school that receives an AED from
the Department of Education or receives funding from the
department to purchase or lease an AED shall comply with this
section.
Section 1205.9. Donations for Use Related to CPR and AED
Instruction.--(a) The Department of Education may accept
donations, including donations of equipment, for use in
providing cardiopulmonary resuscitation (CPR) and automated
external defibrillator (AED) instruction to students, school
employes and volunteers. The Department of Education:
(1) shall distribute the donations to school entities for
the purpose of CPR and AED instruction under section 1205.4; and
(2) may use a portion of the donations to the extent
necessary to pay administrative expenses related to the
donations.
(b) A school entity may accept from the Department of
Education donations the department receives under subsection (a)
for use in providing instruction to students in the principles
and techniques of CPR and operating an AED. A school entity may
accept other donations, including donations of equipment, for
use in providing the instruction.
(c) To the extent that resources are available to a school
entity under this section, the school entity shall make
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available instruction to students in the principles and
techniques of CPR and operating an AED.
(d) A school entity may use resources other than those made
available under this section to make available instruction to
students in the principles and techniques of CPR and operating
an AED.
(e) The Department of Education may adopt rules as necessary
to implement this section.
(f) For purposes of this section, a school entity shall be
defined as a local school district, intermediate unit, area
vocational-technical school, charter school or cyber charter
school.
Section 3. Section 1423 of the act is repealed:
[Section 1423. Automatic External Defibrillators.--(a) The
department shall establish an automatic external defibrillator
program to assist school entities and nonpublic schools in
making automatic external defibrillators available in school
buildings.
(b) On a biennial basis, the department, in consultation
with the Department of General Services and the Department of
Health, shall issue an invitation to bid for the cost of
automatic external defibrillators and other equipment and
supplies necessary for the proper operation of the device. The
department shall accept the bid of the lowest responsible bidder
and permit any school entity or nonpublic school to purchase the
devices at the contract bid price. The department may purchase
automatic external defibrillators from any funds appropriated
pursuant to subsection (k) for distribution to school entities
and nonpublic schools.
(c) To be eligible to obtain or purchase automatic external
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defibrillators under the program a school entity or nonpublic
school must:
(1) Assure that two (2) or more persons assigned to the
location where the automatic external defibrillator will be
primarily housed are trained as required in subsection (d).
(2) Ensure that the device will be secured in a safe and
readily accessible location and agree to properly maintain and
test the device according to the manufacturer's operational
guidelines.
(3) Submit a valid prescription for the device from a
licensed medical practitioner in this Commonwealth.
(4) Agree to provide the training required by subsection
(d).
(d) School personnel who are expected to use the automatic
external defibrillator shall complete training in
cardiopulmonary resuscitation and in the use of an automatic
external defibrillator provided by the American Heart
Association, the American Red Cross or through an equivalent
course of instruction approved by the Department of Health.
(e) A school entity may include the training required by
subsection (d) in its continuing professional education plan
submitted to the department under section 1205.1.
(f) The provisions of 42 Pa.C.S. § 8331.2 (relating to good
Samaritan civil immunity for use of automated external
defibrillator) shall apply to school employes who render care
with an automatic external defibrillator.
(g) From funds appropriated for this purpose, the department
may assist school entities and nonpublic schools that are not
equipped with automatic external defibrillators by providing a
discount from the contract bid price obtained under subsection
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(b) or by providing automatic external defibrillators obtained
under subsection (b).
(g.1) The purchase of an automatic external defibrillator
shall be considered an allowable use of Pennsylvania
Accountability Grants under section 2599.2(b).
(g.2) The purchase of automatic external defibrillators
shall be considered an innovative educational program under
Article XVII-F of the act of March 4, 1971 (P.L.6, No.2), known
as the "Tax Reform Code of 1971."
(h) (Reserved).
(i) Not later than June 30, 2014, and each year thereafter,
each school entity shall make a report to the department
detailing the number, condition, age and placement of automatic
external defibrillators in each school building. After the
initial report is made, a school entity may report this
information as part of the annual report required by the
Commonwealth under section 2505.1 to receive State reimbursement
for health services.
(i.1) A nonpublic school that participates in the automatic
external defibrillator program under subsection (b) or (g) shall
be subject to the reporting required under subsection (i).
(i.2) The department shall annually publish a report on its
publicly accessible Internet website no later than December 31,
2014, and each year thereafter. The report shall contain the
following information:
(1) The total number of automatic external defibrillators by
school entity and nonpublic school.
(2) The number of school buildings by school entity and
nonpublic school that are equipped with automatic external
defibrillators.
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(3) The number of school buildings by school entity and
nonpublic school that are not equipped with automatic external
defibrillators.
(j) The department may adopt guidelines as necessary to
administer this section.
(k) The General Assembly may appropriate funds to carry out
the provisions of this section.
(l) As used in this section--
"Automatic external defibrillator" means a portable device
that uses electric shock to restore a stable heart rhythm to an
individual in cardiac arrest.
"Department" means the Department of Education of the
Commonwealth.
"Nonpublic school" means a nonprofit school, other than a
public school within this Commonwealth, wherein a resident of
this Commonwealth may legally fulfill the compulsory school
attendance requirements of this act and which meets the
applicable requirements of Title VI of the Civil Rights Act of
1964 (Public Law 88-352, 78 Stat. 241).
"School building" means a building owned by or under the
control of a school entity or nonpublic school where classes are
taught or extracurricular activities are conducted on a regular
basis.
"School entity" means an area career and technical school, a
charter school, a cyber charter school, an intermediate unit or
a school district.
"Secretary" means the Secretary of Education of the
Commonwealth.]
Section 4. The act is amended by adding a section to read:
Section 1423.1. Availability and Specifications of Automated
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External Defibrillators.--(a) Every school entity, nonpublic
school and private school shall have at least one automated
external defibrillator (AED) in each occupied building on the
school's premises or campus at all times. The board of school
directors shall adopt a policy regarding the placement and use
of AEDs and the number of personnel who must receive training as
required under section 1205.4.
(b) Whenever a school entity uses its facility for its own
school-sponsored or school-approved interscholastic athletics,
the school entity shall, in cooperation with the Pennsylvania
Interscholastic Athletic Association, make available an AED and
at least one school employe who is trained and certified under
section 1205.4 at each interscholastic athletic contest or
competition. The presence of emergency services personnel shall
fulfill the requirement.
(c) This section does not:
(1) waive any liability or immunity of a school entity or
its officers or employes; or
(2) create any liability for or a cause of action against a
school entity or its officers or employes.
(d) The provisions of 42 Pa.C.S. § 8331.2 (relating to good
Samaritan civil immunity for use of automated external
defibrillator) shall apply to school employes who render care
with an AED.
(e) Every school entity, nonpublic school and private school
shall ensure that every AED on the school's premises or campus
is properly tested and maintained in accordance with the
manufacturer's operational guidelines. Every AED in a school
entity, nonpublic school or private school shall meet the most
recent minimum specifications as required by the Department of
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Health.
Section 5. School entities, nonpublic schools and private
schools shall comply with the amendment to section 1205.4 and
the addition of sections 1205.8 and 1423.1 of the act no later
than three years after the effective date of this section.
Section 6. This act shall take effect in 60 days.
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