PRINTER'S NO. 1865
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1288
Session of
2022
INTRODUCED BY MASTRIANO, HUTCHINSON, MENSCH, PHILLIPS-HILL,
SCAVELLO AND PITTMAN, JULY 21, 2022
REFERRED TO EDUCATION, JULY 21, 2022
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, providing for
school safety certification.
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 1314.1-C. School safety certification.
(a) Certification.--A school district shall, in accordance
with this section, issue school safety certifications to
employees allowing an employee certified under subsection (c) to
possess a firearm or other lawful weapon in the course of the
employee's employment.
(b) Request for certification.--On a form prescribed by the
department, an employee of a school entity may submit a request
for a school safety certificate to the administration of the
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school district in which the employee is employed.
(c) Approval of request.--Upon receipt of a request for a
school safety certificate under subsection (b), the school
district shall, within 45 days, grant a school safety
certificate to the employee so long as the employee provides the
following:
(1) Valid proof of employment by a school entity or
nonpublic school within the school district.
(2) A current full-face photograph that measures two
inches by two inches .
(3) Proof of a valid license to carry firearms issued
within this Commonwealth.
(4) A signed statement by an instructor certified by the
National Rifle Association in firearm instruction or by any
other instructor otherwise deemed competent to provide such
instruction by a judge of the court of common pleas in the
jurisdiction in which the school resides showing completion
of an in-person training and proficiency course for the type
of firearm or other lawful weapon the employee intends to
carry on school entity property. The statement shall be
subject to 18 Pa.C.S. § 4904 (relating to unsworn
falsification to authorities) and must demonstrate that:
(i) the course provided training in:
(A) the protection of students;
(B) interaction of license holders with first
responders;
(C) tactics for denying an intruder entry into a
classroom or school facility;
(D) safe handling and storage of weapons; and
(E) operating defensive weapons under duress;
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(ii) the course included not less than 15 hours, and
not more than 30 hours, of instruction or as deemed
proficient by the certified instructor; and
(iii) the employee was required to demonstrate
hands-on safety and proficiency with the type of firearm
or other lawful weapon the employee intends to carry on
school property .
(d) Photograph required.--An employee who is issued a school
safety certificate shall annually submit to the school district
a current full-face photograph that measures two inches by two
inches .
(e) List of certified individuals.--
(1) Upon request by the Pennsylvania State Police or a
municipal police department, a school district shall provide
a complete list of the names with corresponding photographs
of all employees employed by school entities within the
school district who have been issued a school safety
certificate.
(2) A school district may not provide a list of
employees of a school entity under paragraph (1) to a
municipal police department that does not have jurisdiction
over the school entity.
(3) Notwithstanding information provided by the school
district to the Pennsylvania State Police or a municipal
police department under this subsection, names, lists,
pictures or other information identifying the name, existence
or identity of a person certified under this chapter shall be
confidential and not subject to public disclosure. A school
district, person or State or local governmental agency or
department that violates this chapter, resulting in the
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dissemination of confidential material to the public, shall
be liable for civil damages in the amount of $1,000 per
occurrence or three times the actual damages incurred as a
result of the violation, whichever is greater, as well as
reasonable attorney fees.
(f) Requirements not applicable.--The act of October 10,
1974 (P.L.705, No.235), known as the Lethal Weapons Training
Act, shall not apply to an employee issued a school safety
certificate for activities within the scope of employment for
the school entity.
(g) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Firearm." As defined under 42 Pa.C.S. § 9712(e) (relating
to sentences for offenses committed with firearms).
"License to carry firearms." A license to carry a firearm
issued under 18 Pa.C.S. § 6109 (relating to licenses).
Section 2. This act shall take effect in 60 days.
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