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A02170
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 THIRD CONSIDERATION, JUNE 10, 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
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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, 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 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 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] THIRD-
PARTY 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).
"SCHOOL SECURITY PERSONNEL." SCHOOL POLICE OFFICERS, SCHOOL
RESOURCE OFFICERS AND SCHOOL SECURITY GUARDS.
"Third party "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
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authority to issue citations for summary offenses as provided
in section 1306-C(3) or the authority to detain students
until the arrival of local law enforcement or any combination
thereof.
(3) The judge 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
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Subch. D (relating to municipal police education and
training) or [have] has graduated from the Pennsylvania State
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 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
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citations or to detain individuals until local law
enforcement is notified.
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.
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(4) A cooperative police service agreement entered into
under this subsection shall only pertain to actions taken on
school property under the agreement and shall not affect the
jurisdiction of the Pennsylvania State Police.
Section 1311-C. Independent contractors and third party 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 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 independent contractors
comply with all of the following :]
(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 THIRD-PARTY vendor shall complete the training
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required under section 1305-C .
(2) [Satisfied] Prior to performing services for a
school entity or nonpublic school, an independent contractor
or an individual provided through a third party 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) 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
duties.
(c) School security guard services.--
(1) Prior to performing services for a school entity or
nonpublic school, an independent contractor or an individual
provided through a third party THIRD-PARTY vendor shall
complete the training required under section 1314-C(b), if
applicable.
(2) Prior to performing services for a school entity or
nonpublic school, an independent contractor or an individual
provided through a third party 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
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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.
(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
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nonpublic school shall have 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
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:
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(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
six months from the effective date of this subsection to
complete the instruction.
(c) Armed school security guards.--A school entity or
nonpublic school may employ or contract with an independent
contractor or a third party THIRD-PARTY vendor under section
1311-C for an armed school security guard if all of the
following conditions are met:
(1) The EXCEPT AS SET FORTH IN SUBSECTION (D) OR (E),
THE school security guard is licensed under 18 Pa.C.S. Ch. 61
Subch. A (relating to Uniform Firearms Act).
(2) The EXCEPT AS SET FORTH IN SUBSECTION (D) OR (E),
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.
(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 SECTIONS 111 AND 111.1 AND 23
PA.C.S. § 6344 (RELATING TO EMPLOYEES HAVING CONTACT WITH
CHILDREN; ADOPTIVE AND FOSTER PARENTS) .
(d) Active or retired law enforcement officers.--Active or
retired law enforcement officers shall be exempt from the
training requirements for school security guards under
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subsection (c)(2) (C)(1) AND (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).
(E) RETIRED LAW ENFORCEMENT OFFICERS.--A RETIRED LAW
ENFORCEMENT OFFICER SHALL BE EXEMPT FROM THE TRAINING
REQUIREMENTS FOR SCHOOL SECURITY GUARDS UNDER SUBSECTION (C)(1)
AND (2) IF THE RETIRED OFFICER:
(1) COMPLIES WITH SECTION 8.1 OF THE LETHAL WEAPONS
TRAINING ACT; OR
(2) HAS BEEN ISSUED A FIREARM TRAINING AND QUALIFICATION
CARD UNDER SECTION 5 OF THE ACT OF DECEMBER 13, 2005
(P.L.432, NO.79), KNOWN AS THE RETIRED LAW ENFORCEMENT
IDENTIFICATION ACT.
Section 2. The act is amended by adding sections a section
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 thir d
party 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 THIRD-PARTY vendors for school security guard services .
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(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
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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