PRINTER'S NO. 631 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No.620 Session of 2025 INTRODUCED BY MUTH, KANE, HUGHES, COMITTA, TARTAGLIONE, COSTA, FONTANA, SAVAL AND HAYWOOD, APRIL 11, 2025 REFERRED TO EDUCATION, APRIL 11, 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 grounds and buildings, providing for automated external defibrillator placement, inspection, maintenance and plan; in school health services, further providing for automatic external defibrillators; and, in charter schools, further providing for provisions applicable to charter schools and for a pplicability of other provisions of this act and of other acts and regulations. 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 a section to read: Section 743. Automated External Defibrillator Placement, Inspection, Maintenance and Plan.--(a) Beginning in the 2025- 2026 school year and each school y ear thereafter, each school building or facility where children in kindergarten through grade twelve attend school or participate in school-sponsored activities shall have at least one automated external 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 defibrillator system placed in a central location that is accessible for use. A school entity shall place an automated external defibrillator: (1) with appropriate signage in accordance with best practices and American Heart Association guidelines on the effective date of this section, including three dimensional signs and arrows, in plain view, leading to and beside the automated external defibrillator; (2) with instructions for the proper use of the automated external defibrillator at the location of the automated external defibrillator; (3) in an accessible location during normal school hours and any school-sponsored activities; (4) in compliance with 42 U.S.C. Ch. 126 (relating to equal opportunity for individuals with disabilities), including placing the automated external defibrillator not more than forty-eight (48) inches above the floor or ground; and (5) in a location that is no more than one thousand (1,000) feet in distance from a designated member of the cardiac emergency response team under subsection (d) in the school entity's protocol for access to the automated external defibrillator. (b) For an automated external defibrillator installed before the effective date of this section, a school entity shall register the automated external defibrillator within ten days of the effective date of this section. For an automated external defibrillator installed after the effective date of this section, a school entity shall register the automated external defibrillator immediately upon installation. The school entity shall register the automated external defibrillator with the 20250SB0620PN0631 - 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 following: (1) The National AED Registry. (2) The manufacturer of the automated external defibrillator. (3) Local emergency medical services. (c) A school entity shall develop a schedule to inspect an automated external defibrillator in each school building or facility and a standard form for completion as a record of the inspection. The following shall apply: (1) The schedule to inspect shall require the cardiac emergency response plan site coordinator under subsection (e) to inspect the automated external defibrillator in accordance with the manufacturer's guidelines and to visually determine if there is obvious damage indicating that the automated external defibrillator device or cabinet has been compromised. If the inspection indicates that the automated external defibrillator is nonoperational, the cardiac emergency response plan site coordinator shall immediately do all of the following: (i) Notify local emergency medical services, the school building administrator, each cardiac emergency response team member and the students, parents, teachers and staff located in the school building or facility where the automated external defibrillator is located. (ii) Indicate with appropriate signage at the location of the automated external defibrillator that the automated external defibrillator is nonoperational. (iii) Provide instructions with appropriate signage at the location of the automated external defibrillator where the closest operational automated external defibrillator is located. (iv) Order replacement parts, request a loaner automated 20250SB0620PN0631 - 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 external defibrillator and provide notice of the expected date of restoration of the automated external defibrillator. (2) The cardiac emergency response plan site coordinator shall maintain a record of inspection for an automated external defibrillator . The cardiac emergency response plan site coordinator shall make the record of inspection available to the public at the school entity building or facility where the automated external defibrillator is located and post the record of inspection on the school entity's publicly accessible Internet website. The record of inspection shall include, at a minimum, the date when maintenance last occurred or will occur under section 1423(c)(2) and a notation of all of the following data about the automated external defibrillator: (i) The d ate of and location of purchase. (ii) The serial number. (iii) The warranty expiration date. (iv) The p ad, including the spare pad. (v) The pad expiration date. (vi) Whether the replacement of the pad occurred upon inspection. (vii) The b attery expiration date. (viii) The number of times the automated external defibrillator was used since the last date of inspection. (ix) Whether the automated external defibrillator is rescue ready as indicated per the manufacturer's guidelines. (x) Any damage observed or repaired during the inspection of the automated external defibrillator or the automated external defibrillator's case. (d) A school entity shall develop a protocol for the use of an automated external defibrillator by a trained or untrained 20250SB0620PN0631 - 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 individual to address, at a minimum, the limitation of liability when there is an absence of gross negligence or willful or wanton misconduct that may arise in connection with a good faith attempt of use or nonuse of the automated external defibrillator. The following shall apply: (1) The protocol shall include, at a minimum, the development of a cardiac emergency response plan in accordance with subsection (e) and the designation of a cardiac emergency response team in each school building or facility where an automated external defibrillator has been placed. (2) The certified emergency response team shall be comprised in accordance with the following: (i) At least ten per centum (10%) of the school personnel located in the same school building or facility as an automated external defibrillator who are certified in cardiopulmonary resuscitation and the use of an automated external defibrillator shall be on the certified emergency response team. The members shall attain and renew their certifications every two years through the American Health Association, American Red Cross or an equivalent course of instruction approved by the Department of Health. The school entity shall document and make available to the public a record of each member with the date certified, and renewed if applicable, at the school entity building or facility where each member is designated. The school entity shall ensure that an employe certified to use an automated external defibrillator is located in a school building or facility when the school building or facility is in use for educational purposes or school-sponsored activities. (ii) At least fifteen per centum (15%) of the certified emergency response team shall be school personnel. 20250SB0620PN0631 - 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 (iii) Any other employe or person the school entity deems essential to implement the cardiac emergency response plan, provide insight to defects found in the cardiac emergency response plan and respond to critical incidents related to cardiac emergencies. (e) A school entity shall establish a cardiac emergency response plan and designate a cardiac emergency response plan site coordinator. The following shall apply: (1) The school entity shall establish the cardiac emergency response plan in accordance with recommendations by the American Health Association on the effective date of this section and update the plan as the school entity deems necessary. The school entity shall provide a copy of the cardiac emergency response plan to the principal with a signed receipt and post the cardiac emergency response plan on the school entity's publicly accessible Internet website. (2) The cardiac emergency response plan site coordinator shall assist the school entity with adapting to the school entity's needs regarding the cardiac emergency response plan, including a checklist of criteria and procedures. The cardiac emergency response plan site coordinator shall also have the following duties: (i) Annually review the cardiac emergency response plan and submit the findings of the review to the school entity. (ii) Designate members of the cardiac emergency response team in accordance with subsection (d). (iii) Annually verify the certification of cardiac emergency response team members and maintain a database of the certified status of the members in accordance with subsection (d). (iv) Provide cardiac emergency response team members with 20250SB0620PN0631 - 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 information regarding the availability of courses for obtaining or maintaining certified status in accordance with subsection (d). (v) Plan and schedule a cardiac emergency response drill for the cardiac emergency response team members at least once during the school year. The drill for cardiac emergency response team members shall adhere to the plan and can be scheduled during instructional or professional development time. (vi) Prepare and submit to the school entity a summary with recommendations after each cardiac emergency response drill. (vii) Perform inspections and reports as required under this section. (viii) Maintain records, reports or summary and findings required under this section. (f) Nothing in this section shall be construed to prohibit a school entity from placing more than one automated external defibrillator in a school building or facility. (g) If a school building or facility is not required to have an automated external defibrillator and the school entity does not place an automated external defibrillator on every floor of the school building or facility, but has at least one automated external defibrillator centrally located, the school entity shall ensure that the building, facility or floor without an automated external defibrillator has clear and visible signage and directional arrows to the location of the automated external defibrillator in a separate building, facility or floor. (h) As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Athletic activity." Any of the following: (1) Interscholastic athletics as defined in section 1602-A. 20250SB0620PN0631 - 7 - 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 (2) An athletic contest or competition, other than interscholastic athletics, that is sponsored by or associated with a school entity, including cheerleading, club-sponsored sports activities or sports activities sponsored by school- affiliated organizations. (3) Noncompetitive cheerleading that is sponsored by or associated with a school entity. (4) Practices, interschool practices and scrimmages for an activity listed under clause (1), (2) or (3). "Automated external defibrillator." As defined in section 1423(l). "Automated external defibrillator system." An automated external defibrillator and accessories necessary for the automated external defibrillator to detect and interpret an electrocardiogram and deliver an electrical shock, including, but not limited to, a battery, pad electrode, adapter and hardware key for pediatric use. "School building or facility." A building or facility owned by or under the control of a school entity or, in the case of a cyber charter school at each location under its jurisdiction, where classes are taught or extracurricular activities are conducted on a regular basis. "School entity." A school district, intermediate unit, area career and technical school, charter school, cyber charter school, regional charter school or multiple charter school organization. "School-sponsored activity." An assembly, graduation ceremony, athletic activity, extracurricular activity, club, group, team or any activity sponsored, held or approved by the school entity whether held during normal school hours or 20250SB0620PN0631 - 8 - 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 otherwise. Section 2. Section 1423 heading, (a), (b), (c) introductory paragraph, (1) and (3), (d), (g), (g.1), (g.2), (i), (i.1), (i.2), (j) and (l) of the act are amended and the section is amended by adding a subsection to read: Section 1423. [Automatic] Automated External Defibrillators.--(a) The department shall establish an [automatic] automated external defibrillator program to assist school entities and nonpublic schools in making [ automatic] automated external defibrillators available in school buildings or facilities. (b) On a biennial basis, the department, in consultation with the Department of General Services and the Department of Health, shall issue an invitation to bid for the cost of [automatic] automated external defibrillators and other equipment and supplies necessary for the proper operation of the device. The department shall accept the bid of the lowest responsible bidder and permit any school entity or nonpublic school to purchase the devices at the contract bid price. The department may purchase [ automatic] automated external defibrillators from any funds appropriated pursuant to subsection (k) and, in the absence of funds appropriated pursuant to subsection (k), from funds appropriated to the department for distribution to school entities and nonpublic schools. (c) To be eligible to obtain or purchase [ automatic] automated external defibrillators under the program a school entity or nonpublic school must: (1) Assure that [two (2) or more persons ] at least ten per centum (10%) of the school personnel assigned to the location 20250SB0620PN0631 - 9 - 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 where the [automatic] automated external defibrillator will be primarily housed are trained as required in subsection (d). * * * [(3) Submit a valid prescription for the device from a licensed medical practitioner in this Commonwealth. ] * * * (d) School personnel who are expected to use the [ automatic] automated external defibrillator shall complete training in cardiopulmonary resuscitation and in the use of an [ automatic] automated external defibrillator provided by the American Heart Association, the American Red Cross or through an equivalent course of instruction approved by the Department of Health. * * * (g) From funds appropriated for this purpose , or in the absence of funds appropriated for this purpose, from funds appropriated to the department , the department may assist school entities and nonpublic schools that are not equipped with [automatic] automated external defibrillators by providing a discount from the contract bid price obtained under subsection (b) or by providing [ automatic] automated external defibrillators obtained under subsection (b). (g.1) The purchase of an [ automatic] automated external defibrillator shall be considered an allowable use of Pennsylvania Accountability Grants under section 2599.2(b). (g.2) The purchase of [automatic] automated external defibrillators shall be considered an innovative educational program under Article XVII-F of the act of March 4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971." * * * (i) The following shall apply: 20250SB0620PN0631 - 10 - 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 (1) Not later than June 30, 2014, and each year thereafter through the 2024-2025 school year , each school entity shall make a report to the department detailing the number, condition, age and placement of [automatic] automated external defibrillators in each school building. [ After the initial report is made, a school entity may report this information as part of the annual report required by the Commonwealth under section 2505.1 to receive State reimbursement for health services. ] (2) Within three months of the effective date of this paragraph, and in each year a school entity removes or obtains an automated external defibrillator, the school entity shall make a report on a form developed by the department under subsection (j.1), to the department detailing the automated external defibrillators in each school building or facility. The report shall include the following information: (i) The serial number. (ii) The d ate of purchase. (iii) The d ate of warranty expiration. (iv) The d ate of battery expiration. (v) The date of pads expiration. (vi) The precise location with identifying physical attribute markers in the vicinity. (vii) The total number of automated external defibrillators at the school entity. (3) Beginning with the 2025-2026 school year and each school year thereafter, a school entity shall make an annual report to the department with any date or information deemed necessary by the department, including the following: (i) The total number of automated external defibrillators at the school entity. 20250SB0620PN0631 - 11 - 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 (ii) The number of school buildings or facilities of the school entity that are equipped with automated external defibrillators. (iii) The number of school buildings or facilities of the school entity that are not equipped with automated external defibrillators and an explanation for noncompliance with section 743. (iv) The number of school personnel certified to use an automated external defibrillator by the school entity. (v) The number of inspections conducted and findings by the school entity under section 743. (vi) The expiration date of the warranty provided by the manufacturer of each automated external defibrillator used by the school entity. (vii) The expiration date of each automated external defibrillator battery and pads. (viii) The number of times each automated external defibrillator was used for its intended purpose by the school entity. (ix) The precise location of each automated external defibrillator with identifying physical attribute markers in the vicinity. (4) After the initial report to the department is made, a school entity may report the information required under this subsection as part of the annual report required by the Commonwealth to receive State reimbursement for health services under section 2505.1. (i.1) A nonpublic school that participates in the [automatic] automated external defibrillator program under subsection (b) or (g) shall be subject to the reporting required 20250SB0620PN0631 - 12 - 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 under subsection (i). (i.2) The department shall annually publish a report on its publicly accessible Internet website no later than December 31, 2014, and each year thereafter. The report shall contain the following information for each school entity and nonpublic school: (1) The total number of [ automatic] automated external defibrillators [by school entity and nonpublic school ]. (2) The number of school buildings [ by school entity and nonpublic school] and facilities that are equipped with [automatic] automated external defibrillators. (3) The number of school buildings [ by school entity and nonpublic school] and facilities that are not equipped with [automatic] automated external defibrillators. (4) The number of school personnel trained to use automated external defibrillat ors. (5) The number of inspections conducted and findings required under section 743. (6) The expiration date of the warranty provided by the manufacturer of each automated external defibrillator. (7) The expiration date of each automated external defibrillator battery and pads. (8) The number of times each automated external defibrillator was used for its intended purpose. (9) The precise location of each automated external defibrillator with identifying physical attribute markers in the vicinity. (10) Any other information required by the department. [(j) The department may adopt guidelines as necessary to administer this section. ] 20250SB0620PN0631 - 13 - 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 (j.1) Within six months of the effective date of this subsection, the department shall develop a standardized form or use a form developed by the National AED Registry for a school entity to complete for the purpose of submitting to the department data and information required under this section, test schedules, inspections and test findings required under section 743 for each automated external defibrillator placed in the school entity's school buildings or facilities and any other data and information deemed necessary by the department. The department shall, in consultation with the Department of Health, adopt guidelines based on best practices and industry standards relating to automated external d efibrillator use and programs and any other necessary guidelines to administer this section. The guidelines shall be posted on the department's publicly accessible Internet website and shall be provided to a school entity or nonpublic school on request. * * * (l) As used in this section-- ["Automatic] "Automated external defibrillator" means a portable device that uses electric shock to restore a stable heart rhythm to an individual in cardiac arrest. "Department" means the Department of Education of the Commonwealth. "Nonpublic school" means a nonprofit school, other than a public school within this Commonwealth, wherein a resident of this Commonwealth may legally fulfill the compulsory school attendance requirements of this act and which meets the applicable requirements of Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241). ["School building" means a building owned by or under the 20250SB0620PN0631 - 14 - 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 control of a school entity or nonpublic school where classes are taught or extracurricular activities are conducted on a regular basis.] "School building or facility " means a building or facility o wned by or under the control of a school entity or nonpublic school where classes are taught or school-sponsored activities, athletic or otherwise, are conducted on a regular basis, including a field used for organized athletic events or competitions. "School-sponsored activity" means an assembly, graduation ceremony, athletics, extracurricular activity, club, group, team or any activity sponsored, held or approved by the school entity or nonpublic school, whether held during normal school hours or otherwise. "School entity" means an area career and technical school, a charter school, a cyber charter school, an intermediate unit or a school district. "Secretary" means the Secretary of Education of the Commonwealth. Section 3. Section 1732-A(a) of the act is amended to read: Section 1732-A. Provisions Applicable to Charter Schools.-- (a) Charter schools shall be subject to the following: Sections 108, 110, 111, 321, 325, 326, 327, 431, 436, 443, 510, 518, 527, 708, 736, 737, 738, 739, 740, 741, 743, 752, 753, 755, 771, 776, 777, 808, 809, 810, 1109, 1111, 1112(a), 1301, 1310, 1317, 1317.1, 1317.2, 1318, 1326, 1327, 1327.2, 1329, 1330, 1332, 1333, 1333.1, 1333.2, 1333.3, 1303-A, 1513, 1517, 1518, 1521, 1523, 1531, 1547, 2014-A, Article XIII-A and Article XIV. Act of July 17, 1961 (P.L.776, No.341), known as the 20250SB0620PN0631 - 15 - 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 "Pennsylvania Fair Educational Opportunities Act." Act of July 19, 1965 (P.L.215, No.116), entitled "An act providing for the use of eye protective devices by persons engaged in hazardous activities or exposed to known dangers in schools, colleges and universities." Section 4 of the act of January 25, 1966 (1965 P.L.1546, No.541), entitled "An act providing scholarships and providing funds to secure Federal funds for qualified students of the Commonwealth of Pennsylvania who need financial assistance to attend postsecondary institutions of higher learning, making an appropriation, and providing for the administration of this act." Act of July 12, 1972 (P.L.765, No.181), entitled "An act relating to drugs and alcohol and their abuse, providing for projects and programs and grants to educational agencies, other public or private agencies, institutions or organizations." Act of December 15, 1986 (P.L.1595, No.175), known as the "Antihazing Law." * * * Section 4. Section 1749-A(a)(1) of the act is amended by adding a subparagraph to read: Section 1749-A. Applicability of other provisions of this act and of other acts and regulations. (a) General requirements.--Cyber charter schools shall be subject to the following: (1) The following: * * * (xiv.1) Section 743. * * * Section 5. This act shall take effect in 60 days. 20250SB0620PN0631 - 16 - 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