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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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 20250HB1253PN1399 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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. * * * 20250HB1253PN1399 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (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 20250HB1253PN1399 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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 20250HB1253PN1399 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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. ยง 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 20250HB1253PN1399 - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 school or law enforcement agency has complied with this section. * * * Section 5. This act shall take effect in 60 days. 20250HB1253PN1399 - 7 - 1 2 3