Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB1253 Latest Draft

Bill / Introduced Version

                             
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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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 
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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.
* * *
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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 
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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 
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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 
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30 school or law enforcement agency has complied with this section.
* * *
Section 5.  This act shall take effect in 60 days.
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