An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, providing for welcoming schools.

PRINTER'S NO. 1369
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1125
Session of
2025
INTRODUCED BY MUTH, SAVAL, KANE, KEARNEY, FONTANA, HAYWOOD,
HUGHES, COMITTA AND CAPPELLETTI, DECEMBER 22, 2025
REFERRED TO EDUCATION, DECEMBER 22, 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," providing for welcoming schools.
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 an
article to read:
ARTICLE XIII-F
WELCOMING SCHOOLS
Section 1301-F. 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:
"Department." The Department of Education of the
Commonwealth.
"Enforcement agency." An immigration enforcement agency or a
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law enforcement agency.
"Enforcement official." An official of an enforcement
agency.
"Immigration enforcement agency." The Department of Homeland
Security of the United States and its subagencies, including,
but not limited to:
(1) United States Immigration and Customs Enforcement,
including Homeland Security Investigations.
(2) United States Customs and Border Protection.
(3) United States Marshals Service.
(4) United States Drug Enforcement Administration.
(5) United States Bureau of Alcohol, Tobacco, Firearms
and Explosives.
(6) Any State or local law enforcement agency acting on
behalf of the United States Immigration and Customs
Enforcement, or an agent or officer for any Federal, State or
local agency attempting to enforce Federal immigration law.
(7) Any:
(i) individual authorized to conduct enforcement of
Federal immigration laws; or
(ii) Federal agent charged with enforcement of civil
immigration laws.
"Law enforcement agency." Any of the following:
(1) A police department of a city, borough, incorporated
town or township.
(2) The Pennsylvania State Police.
(3) A district attorney's office.
(4) The Office of Attorney General of the Commonwealth.
(5) A sheriff or deputy sheriff.
"School entity." A school district, intermediate unit, area
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career and technical school, charter school, regional charter
school or cyber charter school.
"School personnel." An individual within the control of or
acting on behalf of a school district, including, but not
limited to, a school district employee, school bus driver of a
school-district-owned bus, after-school provider, contractor,
consultant, volunteer, vendor, school security officer, school
resource officer as defined in section 1301-C or service
provider.
"School zone." School property owned by, leased by or under
the control of a school entity.
Section 1302-F. Welcoming schools.
Beginning with the 2025-2026 school year and each year
thereafter, each school entity shall provide assurance of
continued access of the school entity's school zones to each
student, parent, guardian and school personnel, regardless of
immigration status.
Section 1303-F. Resolution.
(a) Policies and procedures required.--Within 90 days of the
effective date of this subsection, each school entity shall
develop policies and procedures for creating and promoting an
inclusive learning environment in accordance with section 1304-
F.
(a.1) Resolution required.--Each board of directors or
governing body of a school entity shall adopt the policies and
procedures by resolution, which must be adopted by majority vote
at a public meeting. At least 45 days prior to the public
meeting, the board of directors or governing body shall make
available for public inspection the resolution proposed for
adoption.
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(b) Publication of resolution.--A school entity shall make
the resolution required under subsection (a.1) available, in
each language spoken by a student at the student's home, to all
students, parents, guardians and school personnel no less than
30 days prior to the public meeting required under subsection
(a.1). A school entity shall publish the resolution in the same
manner and as a part of the publication of notice of the public
meeting.
(c) Review and amendment of policies and procedures.--No
later than 30 days before the beginning of each school year, and
thereafter each quarter of the school year, a school entity
shall review the adopted policies and procedures. If amendment
of the policies and procedures is necessary, a school entity
shall amend its policies and procedures through the resolution
process in this section.
Section 1304-F. Policy and procedure.
(a) Requirements.--Except as provided in subsection (b), a
school entity shall adopt policies and procedures for creating
and promoting a welcoming and inclusive learning environment in
accordance with this article. The policies and procedures shall
include the following requirements:
(1) A school entity shall designate a superintendent or
other chief administrative officer as:
(i) the designated school personnel to perform the
duties and to respond under this article to any request
subject to this article to enter any part of its school
zone; and
(ii) an alternate school personnel designated to
perform the duties and to respond under this article in
the event of the absence of the designated school
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personnel at the time of the request to enter.
(2) A school entity shall designate areas of the school
zone that are:
(i) public with entry accessible to the public,
including, but not limited to, lobby and waiting areas;
(ii) nonpublic with entry prohibited to the public,
including, but not limited to, the interior areas of a
school building, a school bus or the area designated for
arrival or departure of students traveling by school bus;
and
(iii) areas with fluctuating status of public and
nonpublic dependent on time and usage of area. A scho ol
entity shall develop guidelines for the bases for the
status labels of each type of area.
(3) A school entity shall post signage that is:
(i) permanent for each area designated as public and
nonpublic areas; and
(ii) adjustable for each area subject to change in
status of use.
(4) A t the time an officer or agent requests entry to a
school zone, regardless of a presentment of a signed judicial
warrant, the designated school personnel shall:
(i) P rovide the officer or agent with a copy of the
welcoming schools resolution.
(ii) R equest official identification and contact
information from the officers or agents and photocopy the
identification and information for the school entity's
record.
(iii) D ocument statements and grounds for the
request made by the officer or agent requesting entry and
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statements or acts taken by any officer or agent present.
(iv) D ocument the names of any students or school
personnel identified by the officer or agent.
(v) P rovide digital transmittal of all documentation
to the school entity solicitor.
(5) The designated school personnel shall:
(i) request an enforcement official to present to
the designated school personnel a signed judicial warrant
that properly extends to the school zone where the
subject of the warrant is located; and
(ii) photocopy the warrant provided to the school
entity for its record and for concurrent digital
transmittal to the school entity solicitor.
(6) The designated school personnel has no authority to
consent to entry and the enforcement official or agent's
request to enter is deemed denied in the event that the
enforcement official or agent:
(i) fails to present a signed judicial warrant;
(ii) presents a judicial warrant that is not signed;
(iii) presents a judicial warrant that is
incomplete, contains inaccurate information or is
otherwise improper; or
(iv) presents an administrative warrant and no
exigent circumstances are specifically claimed to exist.
(7) A contract or agreement entered into by a school
entity with a school bus company or operator shall include a
provision that prohibits the company, operator or its
employees from:
(i) assisting or providing personal information
related to a student assigned to a bus provided by the
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school bus company or operator, including the student's
name, home address, bus stop or immigration status; or
(ii) permitting an enforcement official or agent to
enter the bus if at least one factor denying entry under
paragraph (6) is present.
(8) (i) Regardless of whether within a school zone or
situate outside the boundaries of a school zone, an
individual who is deemed school personnel may not:
(A) inquire into the immigration status of a
student, a student's family, parent or guardian; or
(B) formally or informally provide or discuss
information related to the immigration status of a
student, a student's parent or guardian, a member of
the student's family or an individual who is deemed
school personnel.
(ii) The board of directors or governing body of a
school entity must establish a disciplinary process and
procedure for an individual who is deemed school
personnel and who violates subparagraph (i).
(9) School personnel must refuse an enforcement
official's entry to a school zone for the purpose of a
wellness check when the designated school personnel, at the
personnel's discretion, determines the wellness check
requires a lawful warrant.
(10) In the event circumstances permit, a request made
by an immigration enforcement agency or a law enforcement
agency for access to a school entity's building, facility,
grounds, school zone or school bus must be directed to the
school entity's superintendent and school solicitor 24 hours
before the requested time of entry for determination of
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whether to grant the request. The requesting official must:
(i) present official credentials;
(ii) have the proper signed judicial warrant; and
(iii) receive written approval from the
superintendent to enter the school entity's building,
facility, grounds or school zone.
(11) Regarding a student's parent or guardian, or the
student when the student is over 18 years of age, the school
entity shall:
(i) not share student records or other confidential
information protected by Federal or State laws; and
(ii) provide notice of the right to opt out of
disclosing directory information such as a home address
and place of birth at least twice a year in August and
January.
(b) Notification.--The school entity shall notify the parent
or guardian of any student subject to a request for access or
entry to a school entity or school zone by an immigration
enforcement agency or a law enforcement agency within 48 hours
of the request.
(c) Review of existing policy.--A school entity that
previously adopted a policy satisfying the requirements of
subsection (a) shall review and update, if necessary, the
existing policy.
Section 1305-F. Training.
(a) Content of training.--A school entity shall provide
school personnel with training that ensures that school
personnel understand and are knowledgeable about:
(1) the school policies required under this article;
(2) determining the scope of a valid judicial warrant,
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including the distinction between a signed judicial warrant
and an administrative warrant;
(3) the requirements and effect of a wellness check;
(4) when a request for a wellness check exceeds the
boundaries of a wellness check; and
(5) the procedures to follow and that the required
compliance is critical and understood by the school
personnel.
(b) Annual training.--A school entity shall provide training
required in this section, annually, at least 15 days prior to
the beginning of each school year. In the event school policies
required in this article are amended by resolution and adopted
under section 1303-F, training required in this section shall
occur within 15 days of the adoption of a resolution.
Section 1306-F. Professional development.
(a) Training required.--
(1) Beginning with the 2025-2026 school year and each
year thereafter, each school entity shall include in the
school entity's professional development plan submitted to
the department for approval pursuant to section 1205.1 four
hours of training required under section 1305-F related to
the following:
(i) Creating and promoting welcoming schools.
(ii) Implementation of the policies of the school
entity under this article.
(iii) Limitations on enforcement agency ability to
disrupt a student's right to an education.
(iv) Ensuring the privacy of student records as
required by Federal and State law, including a parent's
right to opt out of sharing directory information.
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(2) A school entity may use the materials made available
by the department under subsection (b).
(b) Information required to be posted.--The department shall
compile, develop and post the following on the department's
publicly accessible Internet website, which may include
materials already publicly available:
(1) Recommended guidelines and educational materials for
the training required under subsection (a).
(2) Recommended resources and age-appropriate education
materials on a right to education, the right to access an
education free from fear of immigration enforcement and the
safeguards on the release of information without consent.
(3) Recommended responses to requests for information or
access at a school entity or a school zone.
(4) Recommended guidelines and education materials for
anti-bullying at a school entity or school zone and awareness
and prevention of bullying related to immigration status,
ethnicity or national origins.
(5) Recommended individual and school-wide supportive
services and restorative school climate programming to
address any fear and trauma experienced by students and
school personnel from actual or potential enforcement action.
Section 1307-F. Report.
No later than five days after an enforcement action occurs at
a school entity or school zone, the superintendent shall submit
a written incident report to the board of directors or governing
body of the school entity. The incident report shall contain the
following information:
(1) The date and location in which each enforcement
action was requested, whether granted or denied by the
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designated school personnel of the school entity.
(2) The type of enforcement action, whether a request
for information or a request for entry.
(3) The number of individuals, if any, arrested or taken
into custody because of granting the request for information
or entry to the school zone.
(4) The requesting enforcement agency, department and
official responsible for the enforcement action.
(5) Written notes recorded by the designated school
personnel of the school entity documenting:
(i) requests made by the enforcement official;
(ii) action taken by the enforcement official while
in the school zone;
(iii) the enforcement official's treatment of the
subject of the warrant;
(iv) the enforcement official's treatment of the
student population of the school entity, if any occurred;
(v) the enforcement official's treatment of the
school personnel; and
(vi) whether the designated school personnel or any
other individual in the school zone witnessed any acts by
the enforcement official that appeared to have exceeded
the lawful authority of the enforcement official while
executing the warrant.
(6) A thorough description of the circumstances that
purportedly justified the enforcement action.
(7) A copy of the credentials provided by the
enforcement official, including a copy of the official's
identification documents and any warrant and subpoena.
(8) An overview of individual supportive services and
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school-wide restorative school climate programming available
and offered to students and personnel.
Section 1308-F. Department guidelines.
Within 30 days of the effective date of this section, the
department shall develop and publish guidelines to assist school
entities in the implementation of this article. The department
shall review and update the guidelines, as necessary, but no
less than annually. The guidelines issued under this section
shall be posted on the department's publicly accessible Internet
website.
Section 2. This act shall take effect immediately.
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