24 Pa. Stat. § 13-1302-A

Current through P.A. Acts 2023-32
Section 13-1302-A - Office for Safe Schools
(a) There is hereby established in the Department of Education an Office for Safe Schools.
(b) The office shall have the power and duty to implement the following:
(1) To coordinate antiviolence efforts between school, professional, parental, governmental, law enforcement and community organizations and associations.
(2) To collect, develop and disseminate information, policies, strategies and other information to assist in the development of programs to impact school violence.
(2.1) To direct all school entities to submit annual school violence statistics and reports to the office no later than July 31 of each year.
(3) To provide direct training to school employes, parents, law enforcement officials and communities on effective measures to prevent and combat school violence.
(4) To advise school entities and nonpublic schools on the development of policies to be used regarding possession of weapons by any person, acts of violence and protocols for coordination with and reporting to law enforcement officials and the Department of Education.
(4.1) To verify the existence of corrective action plans to reduce incidents of violence as required in the No Child Left Behind Act of 2001 ( Public Law 107-110 , 115 Stat. 1425).
(5) To develop forms to be used by school entities 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.
(6) To verify that each school entity has a biennially updated and reexecuted memorandum of understanding with local law enforcement and has filed such memorandum with the office on a biennial basis.
(7) To publish and post on the Department of Education's 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 1303-A and any school district that failed to submit a report under section 1303-A.
(8) To establish criteria, in consultation with the Pennsylvania State Police, for certifying approved vendors to provide school police officers to nonpublic schools for the purposes of awarding grants under subsection (c.1)(3).
(9)To publish and post on the Department of Education's publicly accessible Internet website a listing of all approved vendors under paragraph (8).
(b.1) The office shall process and tabulate the data on an annual basis to assist school administrators and law enforcement officials in their duties under this article.
(c) In addition to the powers and duties set forth under subsection (B), the office is authorized to make targeted grants to school entities, and to intermediate units on behalf of nonpublic schools, to fund programs which address school violence, including:
(1) Conflict resolution or dispute management, including restorative justice strategies.
(1.1) School-wide positive behavior support that includes primary or universal, secondary and tertiary supports and interventions in school entities.
(1.2) School-based diversion programs.
(2) Peer helpers programs.
(3) Risk assessment, safety-related, violence prevention curricula, including, but not limited to, dating violence curricula and restorative justice strategies.
(4) Classroom management.
(5) Student codes of conduct.
(6) Training to undertake a districtwide assessment of risk factors that increase the likelihood of problem behaviors among students.
(7) Development and implementation of research-based violence prevention programs that address risk factors to reduce incidents of problem behaviors among students including, but not limited to, bullying.
(8) Comprehensive, districtwide school safety and violence prevention plans.
(9) Security planning, purchase of security-related technology which may include metal detectors, protective lighting, surveillance equipment, special emergency communications equipment, electronic locksets, deadbolts and theft control devices and training in the use of security-related technology. Security planning and purchase of security-related technology shall be based on safety needs identified by the school entity's board of directors.
(10) Institution of student, staff and visitor identification systems, including criminal background check software.
(11) Establishment or enhancement of school security personnel, including school resource officers.
(12) Provision of specialized staff and student training programs, including training for Student Assistance Program team members in elementary, middle and high schools in the referral of students at risk of violent behavior to appropriate community-based services, including mental health services.
(13) Alternative education programs provided for in Article XIX-C.
(14) Counseling services for students enrolled in alternative education programs.
(15) An Internet web-based system for the management of student discipline, including misconduct and criminal offenses.
(16) Staff training programs in the use of positive behavior supports, de-escalation techniques and appropriate responses to student behavior that may require immediate intervention.
(17) The implementation of Article XIII-E.
(c.1)
(1) In addition to the powers and duties set forth under subsections (b) and (c), the office is authorized to make targeted grants to school entities , municipalities, local law enforcement agencies and approved vendors to fund programs which address school violence by establishing or enhancing school security, including costs associated with the training and compensation of school resource officers and school police officers. Municipalities or local law enforcement agencies that receive grants under this subsection shall, with the prior consent of the governing board of the school entity or nonpublic school, assign school resource officers to carry out their official duties on the premises of the school entity or nonpublic school.
(2) Municipalities or local law enforcement agencies may not receive grant funds under this subsection for any purpose other than for costs associated with school resource officers and are not eligible for other grants provided to school entities under this section. In assigning school resource officers pursuant to this subsection, municipalities shall take into consideration the proportion of students enrolled in each school entity or nonpublic school.
(3) Nonpublic schools are authorized to apply to the office for grant funding under paragraph (1) to be used for the costs associated with obtaining the services of a school police officer from a list of approved vendors certified by the office. Grant awards for this purpose shall be awarded and paid directly to the approved vendor with which the nonpublic school contracts for services. Nonpublic schools may not apply for grant funding under this section for any purpose other than obtaining the services of a school police officer under this paragraph.
(d) The office shall have the following duties as to targeted grants:
(1) Targeted grants shall be allocated through a competitive grant review process established by the office. School entities must satisfy the requirements of this section and section 1303-A to be eligible for grants. The application for a targeted grant shall include:
(i) the purpose for which the targeted grant shall be utilized;
(ii) information indicating need for the targeted grant, including, but not limited to, school violence statistics;
(iii) an estimated budget;
(iv) methods for measuring outcomes; and
(v) any other criteria as the office may require.
(2) The office shall:
(i) Give priority in grant funding under subsection (c) to a school entity designated as a persistently dangerous school as defined in 22 Pa. Code § 403.2 (relating to definitions).
(ii) Give priority in grant funding under subsection (c) to school entities with the greatest need to establish safety and order.
(iii) To the greatest extent possible, ensure that grant funding is geographically dispersed to school entities and municipalities throughout this Commonwealth.
(iv) For school entities , municipalities, local law enforcement agencies and nonpublic schools that apply for funding for the training and compensation of school resource officers and school police officers under subsection (c.1), give priority to school entities , municipalities, local law enforcement agencies and nonpublic schools that utilize school resource officers or school police officers who have completed additional training recommended by the Department of Education relating to interaction with all children and adolescents within a school setting.
(v) For school entities or nonpublic schools that apply for funding for school police officers under subsection (c.1), give priority to school entities and nonpublic schools that utilize school police officers who satisfy all of the following:
(A) Are retired Federal agents or retired State, municipal or military police officers.
(B) Are independent contractors of the school entity or nonpublic school.
(C) Are compensated on an hourly basis and receive no other compensation or fringe benefits from the school entity or nonpublic school.
(D) Have completed such annual training as shall be required by the Municipal Police Officers' Education and Training Commission pursuant to 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training).
(E) Are in satisfaction of the requirements of section 111.
(F) In the case of a school entity, have been indemnified by the school entity pursuant to 42 Pa.C.S. § 8548 (relating to indemnity).
(G) Are utilized by a school entity or nonpublic school that has not employed a school police officer within the three years immediately preceding the effective date of this clause. Nothing in this clause shall be construed to impact on grant decisions for school entities , municipalities or local law enforcement agencies that apply for funding for hiring of school resource officers pursuant to subsection (c.1).
(3) The office shall provide all targeted grant agreements to the Department of Education's comptroller for review and approval prior to awarding the grant. The school entity , municipality, local law enforcement agency or approved vendor shall provide the office with full and complete access to all records relating to the performance of the grant, and shall submit, at such time and in such form as may be prescribed, truthful and accurate information that the office may require. The office shall conduct a thorough annual evaluation of each program for which a grant under this section is made. The office shall seek repayment of funds if it determines that funds were not utilized for the original stated purpose.
(e) For any fiscal year prior to 2019-2020, the sum appropriated annually to the Department of Education for the purpose of making targeted grants under this section shall be allocated as follows:
(1) Twenty-five percent of the sum shall be allocated for grants under subsection (c).
(2) Seventy-five percent of the sum shall be allocated for grants under subsection (c.1).
(e.1) Any grant funding allocated under subsection (c.1) above the amount allocated in fiscal year 2017-2018 may be prioritized for nonpublic schools
(e.2) Beginning in fiscal year 2019-2020, grants awarded under subsection (C.1) shall not exceed the amount awarded in fiscal year 2018-2019 under that subsection and no less than $3,200,000 shall be awarded to intermediate units on behalf of nonpublic schools under subsection (C).
(f) As used in this section, "school entity" shall have the same meaning given to it under section 222(c).

24 P.S. § 13-1302-A

Amended by P.L. TBD 2019 No. 18, § 8, eff. 6/28/2019.
Amended by P.L. TBD 2018 No. 44, § 2, eff. 6/22/2018.
Amended by P.L. 1039 2014 No. 122, § 3, eff. 9/7/2014.
1949, March 10, P.L. 30, No. 14, art. XIII-A, § 1302-A, added 1995, June 30, P.L. 220, No. 26, § 7, effective in 90 days. Amended 1999, June 26, P.L. 394, No. 36, § 3, effective July 1, 1999; 2008, July 9, P.L. 846, No. 61, § 5, retroactive effective July 1, 2008; 2010, Nov. 17, P.L. 996, No. 104, § 10, effective in 90 days [Feb. 15, 2011].