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PRINTER'S NO. 1399
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1253
Session of
2025
INTRODUCED BY HANBIDGE, MADDEN, PIELLI, SANCHEZ, GIRAL, RABB,
KAZEEM, MERSKI, HILL-EVANS, CEPEDA-FREYTIZ, INGLIS,
D. WILLIAMS, K.HARRIS, STEELE, CERRATO, GREEN AND CIRESI,
APRIL 17, 2025
REFERRED TO COMMITTEE ON EDUCATION, APRIL 17, 2025
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 student supports, further
providing for definitions and for student supports; and, in
school safety and security, further providing for
definitions, for duties of committee, for standardized
protocols and for reporting and memorandum of understanding.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "chief school administrator"
and "school property" in section 1301-A of the act of March 10,
1949 (P.L.30, No.14), known as the Public School Code of 1949,
are amended to read:
Section 1301-A. Definitions.--As used in this article,
"Chief school administrator" shall mean the superintendent of
a public school district, superintendent of an area career and
technical school, executive director of an intermediate unit
[or], chief executive officer of a charter school or governing
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body of a nonpublic school.
* * *
"School property" shall mean any public or nonpublic school
grounds, any school-sponsored activity or any conveyance
providing transportation to a school entity, nonpublic school or
school-sponsored activity.
* * *
Section 2. Section 1302-A(b)(5) of the act is amended to
read:
Section 1302-A. Student Supports.--* * *
(b) The Department of Education shall have the power and
duty to implement the following:
* * *
(5) To develop in collaboration and coordination with the
School Safety and Security Committee established under section
1302-B forms to be used by school entities, nonpublic schools
and police departments for reporting incidents involving acts of
violence and possession of weapons on school property. The forms
shall be reviewed on a biennial basis and revised when
necessary.
* * *
Section 3. The definition of "chief school administrator" in
section 1301-B of the act is amended to read:
Section 1301-B. Definitions.
The following words and phrases when used in this article
shall have the meaning given to them in this section unless the
context clearly indicates otherwise:
"Chief school administrator." [The superintendent of a
public school district, superintendent of an area career and
technical school, executive director of an intermediate unit or
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chief executive officer of a charter school.] As defined in
section 1301-A.
* * *
Section 4. Sections 1302.1-B(6) and (7), 1306.2-B(b)(1) and
(2) and 1319-B(b)(3), (c) introductory paragraph, (d)
introductory paragraph, (e) and (f) of the act are amended to
read:
Section 1302.1-B. Duties of committee.
The committee shall advance practices to improve the safety
and security of school entities within this Commonwealth,
including developing policies and providing resources, training,
guidance and assistance to schools and their partners. In
addition to other duties given to the committee under this
article, the committee shall have the following powers and
duties:
* * *
(6) In collaboration and coordination with the
department, to verify that each school entity and nonpublic
school has complied with reporting and memorandum of
understanding requirements under section 1319-B.
(7) In collaboration and coordination with the
department, to publish and post on the commission's publicly
accessible Internet website a school safety annual report no
later than November 1 of each calendar year outlining all
incidents required to be reported under section 1319-B and
school entities and nonpublic schools that failed to submit a
report under section 1319-B.
* * *
Section 1306.2-B. Standardized protocols.
* * *
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(b) Regulations.--No later than three years after the
effective date of this section, the committee shall promulgate
final-omitted regulations under the act of June 25, 1982
(P.L.633, No.181), known as the Regulatory Review Act, in
consultation with the department, necessary to implement this
article. The regulations shall include the following:
(1) A model memorandum of understanding between school
entities or nonpublic schools and law enforcement. The model
memorandum of understanding shall be reviewed at least once
every three years and revised where necessary. The committee
may revise the model memorandum of understanding by
transmitting a notice to the Legislative Reference Bureau for
publication in the next available issue of the Pennsylvania
Bulletin that contains the complete revised model memorandum
of understanding. The revised model memorandum of
understanding shall be incorporated into the Pennsylvania
Code and replace the existing model memorandum of
understanding.
(2) A protocol for the notification of the law
enforcement agency when an offense listed under section 1319-
B(b)(7) occurs on school property. The protocol shall include
a requirement that the school entity or nonpublic school
immediately notify the law enforcement agency when an offense
occurs.
* * *
Section 1319-B. Reporting and memorandum of understanding.
* * *
(b) Reporting by chief school administrator.--A chief school
administrator shall report to the department by July 31 of each
year all new incidents involving acts of violence, possession of
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a weapon or possession, use or sale of controlled substances as
defined in the act of April 14, 1972 (P.L.233, No.64), known as
The Controlled Substance, Drug, Device and Cosmetic Act, or
possession, use or sale of alcohol or tobacco by any person on
school property. The report shall include all incidents
involving conduct that constitutes a criminal offense listed
under paragraphs (7) and (8). Reports, on a form to be developed
and provided by the department, in collaboration and
coordination with the committee, shall include:
* * *
(3) The circumstances surrounding the incident,
including, but not limited to, the type of weapon, controlled
substance, alcohol or tobacco, the date, time and location of
the incident, if a person other than a student is involved in
the incident and any relationship of the person to the school
entity or non public school .
* * *
(c) Duties.--Prior to submitting the report required under
subsection (b), each chief school administrator and each law
enforcement agency having jurisdiction over school property of
the school entity or non public school shall comply with the
following:
* * *
(d) Advisory committee.--A chief school administrator shall
form an advisory committee composed of relevant school staff,
including, but not limited to, principals, security personnel,
school safety and security coordinator, emergency services
personnel, school security personnel, guidance counselors and
special education administrators to assist in the development of
a memorandum of understanding under this section. In
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consultation with the advisory committee, the chief school
administrator shall enter into a memorandum of understanding
with law enforcement agencies having jurisdiction over school
property of the school entity or nonpublic school. The chief
school administrator shall submit a copy of the memorandum of
understanding to the department by June 30, 2024, or in the case
of a nonpublic school, by June 30, 2026, and biennially update
and re-execute a memorandum of understanding with law
enforcement and file the memorandum with the department on a
biennial basis. The memorandum of understanding shall be signed
by the chief school administrator, the chief of police of the
law enforcement agency with jurisdiction over the relevant
school property and principals of each school building of the
school entity or nonpublic school. The memorandum of
understanding shall comply with the regulations promulgated
under section 1306.2-B and shall also include:
* * *
(e) Construction.--Pursuant to 20 U.S.C. § 1415(k)(6)
(relating to procedural safeguards), nothing in section 1302.1-A
or this section shall be construed to prohibit a school entity
or nonpublic school from reporting a crime committed by a child
with a disability to appropriate authorities or to prevent State
law enforcement and judicial authorities from exercising their
responsibilities with regard to the application of Federal and
State law to crimes committed by a child with a disability.
(f) Noncompliance.--If a school entity, nonpublic school or
law enforcement agency fails to comply with the provisions of
this section, the school entity, nonpublic school or law
enforcement agency may not be awarded any grant administered by
the committee until such time as the school entity, nonpublic
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school or law enforcement agency has complied with this section.
* * *
Section 5. This act shall take effect in 60 days.
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