53 Pa. Stat. § 56416

Current through P.A. Acts 2023-32
Section 56416 - School crossing guards
(a)
(1) The board of commissioners, by resolution, may appoint school crossing guards who shall be authorized only to manage traffic and pedestrians at or near schools while the school crossing guards are in uniform.
(2) School crossing guards shall serve at the pleasure of the board of commissioners, except as provided in subsection (b), shall not be subject to the civil service provisions of this act and shall not be eligible to join any township pension fund.
(3) The compensation of the school crossing guards, if any, shall be fixed by the board of commissioners and shall be paid by the board of commissioners, or jointly by the board of commissioners and the board of school directors, in a ratio to be determined by the boards. If the board of commissioners and board of school directors are unable to determine the ratio of compensation of the school crossing guards to be paid by each board, each board shall pay one-half of the compensation of the school crossing guards.
(b)
(1) The board of commissioners may adopt a resolution allowing a board of school directors to assume hiring and oversight of school crossing guards. Before the board of commissioners adopts the resolution, the board of directors of the school district must adopt a resolution requesting authority from the board of commissioners to assume the hiring and oversight of school crossing guards.
(2) The resolution adopted by the board of commissioners shall outline the manner in which the police department will provide necessary training and assistance of the school crossing guards while on duty.
(3) The school crossing guards shall be authorized only to manage traffic and pedestrians in and around areas identified by the police department and the school district superintendent or the superintendent's designees.
(4) The school crossing guards shall not:
(i) Be subject to the civil service provisions of this act.
(ii) Be considered part of the bargaining unit of the school district.
(iii) Be considered an employe as defined under section 1101-A of the act of March 10, 1949 (P.L. 30, No. 14), known as the "Public School Code of 1949," or a school employe as defined under 24 Pa.C.S. § 8102 (relating to definitions) or an employe under any township or school district pension or benefit plan.
(5) After the resolution is adopted by the board of commissioners, the school district shall assume the cost of compensation, including fixing compensation, if any, of the school crossing guards.
(6) Notwithstanding any other provision of law, auxiliary police officers appointed as prescribed by law may be hired by the school district to serve as school crossing guards.
(7) The board of school directors shall notify the board of commissioners of the individuals hired to serve as school crossing guards and request that the necessary training or assistance be provided as specified in the resolution adopted by the board of commissioners.

53 P.S. § 56416

1931, June 24, P.L. 1206, art. XIV, § 1416, added 1951, May 10, P.L. 285, § 1. Amended 1955, Sept. 7, P.L. 568, No. 141, § 1; 1965, Dec. 7, P.L. 1044, § 1; 2000, June 22, P.L. 335, No. 38, § 1, effective in 60 days; 2020, Oct. 29, P.L. 782, No. 96, § 51, effective in 60 days [Dec. 28, 2020].