Pennsylvania School Discipline Laws & Regulations: Authorizations, Memoranda of Understanding (MOUs), and/or Funding

Pennsylvania School Discipline Laws & Regulations: Authorizations, Memoranda of Understanding (MOUs), and/or Funding

Category: Partnerships between Schools and Law Enforcement
Subcategory: Authorizations, Memoranda of Understanding (MOUs), and/or Funding
State: Pennsylvania

The state or jurisdiction(s) you selected for this subcategory are shown below, followed by the laws and regulations. To add or change states, use the Back button and resubmit your search request.

To view a state profile showing school discipline laws and regulations in all subcategories for a given state, click on the state name.

Pennsylvania

LAWS

24 P.S. § 13-1302-A. Office for safe schools.

(b) The office shall have the power and duty to implement the following:

(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.

(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.

24 P.S. § 13-1303-B. School safety and security committee.

(a) Duty to establish.–No later than September 30, 2018, the committee shall establish criteria to be used when conducting school safety and security assessments that include the following:

(1) A physical assessment. The physical assessment shall be conducted during calendar months when school is in session and shall consist of an evaluation of the school entity's structural facilities and surrounding property that includes:

(v) An analysis of the school entity's cooperative agreements with the local law enforcement agencies that are primarily responsible for protecting and securing the school.

24 P.S. § 13-1301-C. Definitions.

The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Commission." The Pennsylvania Commission on Crime and Delinquency.

“Committee.” The School Safety and Security Committee established under section 1302-B.

"Department." The Department of Education of the Commonwealth.

"Independent contractor." An individual, including a retired Federal agent or retired State, municipal or military police officer or retired sheriff or deputy sheriff, whose responsibilities, including work hours, are established in a written contract with a school entity or a nonpublic school for the purpose of performing school security services.

"School entity." A school district, intermediate unit, area career and technical school, charter school or private residential rehabilitative institution.

"School police officer." Any of the following:

(1) A law enforcement officer employed by a school entity or nonpublic school whose responsibilities, including work hours, are established by the school entity or nonpublic school.

(2) An independent contractor or an individual provided through a third-party vendor who has been appointed under section 1302-C.

"School resource officer." A law enforcement officer commissioned and employed by a law enforcement agency whose duty station is located in a school entity or nonpublic school and whose stationing is established by an agreement between the law enforcement agency and the school entity or nonpublic school. The term includes an active certified sheriff or deputy sheriff whose stationing in the school entity or nonpublic school is established by a written agreement between the county, the sheriff's office and the school entity or nonpublic school.

"School security guard." An individual employed by a school entity, nonpublic school or a third-party vendor or an independent contractor who is assigned to a school for routine safety and security duties and has not been granted powers under section 1306-C(a)(3) or (b).

"School security personnel." School police officers, school resource officers and school security guards.

24 P.S. § 13-1302-C. School police officer.

(a) Application to court.- A school entity or nonpublic school may apply to a judge of the court of common pleas of the county within which the school entity or nonpublic school is situated to appoint a person or persons, as the board of directors of the school entity or the administration of the nonpublic school may designate, to act as a school police officer for the school entity or nonpublic school.

(b) Appointment.-

(1) The judge, upon the application, may appoint a person or persons, as the judge deems proper, to be the school police officer and shall note the fact of the appointment to be entered upon the records of the court.

(2) The judge may, at the request of the school entity or nonpublic school, grant the school police officer the powers as provided under section 1306-C(b) the authority to issue citations for summary offenses as provided in section 1306-C(a)(3) or the authority to detain students until the arrival of local law enforcement or any combination thereof.

(3) The judge shall, at the request of the school entity or nonpublic school, grant the school police officer the authority to carry a firearm if the school police officer satisfies the requirements under section 1305-C.

24 P.S. § 13-1304-C. Oath of office.

Every school police officer appointed under section 1302-C(b) shall, before entering upon the duties of the office, take and subscribe to the oath required by section 3 of Article VII of the Constitution of Pennsylvania, before a magisterial district judge or prothonotary. The oath shall be filed by the magisterial district judge or prothonotary among his papers, and a note made upon his docket of the fact of the oath having been taken.

24 P.S. § 13-1306-C. Powers and duties.

A school police officer appointed under section 1302-C(b) shall possess and exercise all the following powers and duties:

(1) To enforce good order in school buildings, on school buses and on school grounds in the respective school entities or nonpublic schools. For purposes of this paragraph, the term "school bus" shall include a vehicle leased by the school entity or nonpublic school to transport students and a vehicle of mass transit used by students to go to and from school and school activities when the school police officer responds to a report of an incident involving a breach of good order or violation of law.

(3) If authorized by the court, to issue summary citations or to detain individuals in school buildings, on school buses and on school grounds in the respective school entities or nonpublic schools until local law enforcement is notified.

24 P.S. § 13-1309-C. Cooperative police service agreements.

(a) General rule.- A school entity or nonpublic school and municipality may enter into a cooperative police service agreement under 42 Pa.C.S. § 8953(e)(relating to Statewide municipal police jurisdiction) and 53 Pa.C.S. § 2303 (relating to intergovernmental cooperation authorized) to authorize the exercise of concurrent jurisdiction with local law enforcement within the municipality where the school entity or nonpublic school is located or within the municipality in which a school event or activity will take place.

(b) Municipalities without municipal police departments.-

(1) If a school entity or nonpublic school is located within a municipality where no municipal police department exists, the school entity or nonpublic school may enter into a cooperative police service agreement under 42 Pa.C.S. § 8953(e) and 53 Pa.C.S. § 2303 with a municipality providing full-time or part-time police coverage that is located adjacent to the school entity or nonpublic school.

(2) At least 30 days prior to executing a cooperative police service agreement under this subsection, the school entity or nonpublic school shall provide written notice of its intent to enter into the agreement to the municipality where the school entity or nonpublic school is located.

(3) A copy of the executed agreement shall be provided to the commanding officer of the Pennsylvania State Police installation that provides primary police services to the municipality where the school entity or nonpublic school is located.

(4) A cooperative police service agreement entered into under this subsection shall only pertain to actions taken on school property under the agreement and shall not affect the jurisdiction of the Pennsylvania State Police.

24 P.S. § 13-1313-C. School resource officers.

(a) Powers and duties.- A school entity or nonpublic school may confer the following powers and duties upon school resource officers:

(1) To assist in the identification of physical changes in the environment which may reduce crime in or around the school.

(2) To assist in developing school policy which addresses crime and to recommend procedural changes.

(3) To develop and educate students in crime prevention and safety.

(4) To train students in conflict resolution, restorative justice and crime awareness.

(5) To address crime and violence issues, gangs and drug activities affecting or occurring in or around a school.

(6) To develop or expand community justice initiatives for students.

(a.1) Training.

(1) Prior to entering upon the duties of the office, a school resource officer shall successfully complete the Basic School Resource Officer Course of Instruction offered by the National Association of School Resource Officers or an equivalent course of instruction approved by the commission.

(2) A school resource officer who is stationed in a school entity or nonpublic school before September 2, 2019, shall have until the beginning of the 2020-2021 school year to complete the instruction.

(b) Intergovernmental agreements for school resource officers.

(1) The board of school directors of a school district may enter into agreements with other political subdivisions to provide for school resource officers, subject to the statutory authority of school resource officers.

(2) The board of school directors may use school funds to share costs with municipalities and counties for such expenses as benefits and salaries of school resource officers.

(3) School resource officers are not required to be employees of the school district and may be employees of other political subdivisions.

24 P.S. § 13-1314-C. School security guards.

(a) Scope of services.- A school security guard may provide the following services as determined by the school entity or nonpublic school:

(1) School safety support services.

(2) Enhanced campus supervision.

(3) Assistance with disruptive students.

(4) Monitoring visitors on campus.

(5) Coordination with law enforcement officials, including school police officers and school resource officers.

(6) Security functions which improve and maintain school safety.

(b) Training.- The following shall apply:

(1) Prior to entering upon the duties of the office, a school security guard shall successfully complete the Basic School Resource Officer Course offered by the National Association of School Resource Officers or an equivalent course of instruction approved by the commission.

(2) An unarmed school security guard who is employed or contracted by a school entity or nonpublic school before September 2, 2019, shall have until the beginning of the 2020-2021 school year to complete the instruction.

(3) An armed school security guard who is employed or contracted by a school entity or nonpublic school before September 2, 2019, shall have until February 28, 2020, to complete the instruction under paragraph (1) unless an extension is approved through the following process:

(i) The governing body of a school entity or nonpublic school may approve an extension of the deadline specified in this paragraph for armed school security guards to complete the required instruction due to a hardship in complying with the deadline. The deadline may be extended to no later than the beginning of the 2020-2021 school year. The following shall apply:

(A) The governing body must determine that complying with the instruction deadline would present a hardship for the school entity or nonpublic school.

(B) The governing body of a school entity which is subject to 65 Pa.C.S. Ch. 7 (relating to open meetings) may discuss the issue of a hardship extension in executive session, except that approval of the hardship extension must occur at a public meeting.

(C) The school entity or nonpublic school shall submit the approved hardship extension to the Office of Safe Schools within the department not later than 15 days from the date of approval. Any documentation submitted under this clause may not be subject to the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(ii) For the purposes of this section, a hardship shall include any of the following:

(A) Increased risk to students, staff or visitors due to the absence of school security guards while school is in session because of compliance with the instruction deadline.

(B) Deployment or active military service, illness, family emergency, death in the immediate family or other approved leave of absence which would prevent school security guards from complying with the instruction deadline.

(c) Armed school security guards.- A school entity or nonpublic school may employ or contract with an independent contractor or a third-party vendor under section 1311-C for an armed school security guard if all of the following conditions are met:

(1) Except as set forth in subsection (d) or (e), the school security guard is licensed under 18 Pa.C.S. Ch. 61 Subch. A (relating to Uniform Firearms Act).

(2) Except as set forth in subsection (d) or (e), the school security guard has successfully completed and is currently certified under the act of October 10, 1974 (P.L.705, No.235), known as the Lethal Weapons Training Act.

(3) The school security guard has completed the instructional requirements under subsection (b).

(4) The school security guard has satisfied the requirements under sections 111 and 111.1 and 23 Pa.C.S. § 6344 (relating to employees having contact with children; adoptive and foster parents).

(d) Active law enforcement officers.- Active law enforcement officers shall be exempt from the training requirements for school security guards under subsection (c)(1) and (2) upon presentation to the school entity or nonpublic school of evidence of their completion of the training requirements under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training).

(e) Retired law enforcement officers.- A retired law enforcement officer shall be exempt from the training requirements for school security guards under subsection (c)(1) and (2) if the retired officer:

(1) complies with section 8.1 of the Lethal Weapons Training Act; or

(2) has been issued a firearm training and qualification card under section 5 of the act of December 13, 2005 (P.L.432, No.79), known as the Retired Law Enforcement Identification Act.

24 P.S. § 13-1341. Duty to employ; power of arrest; certification.

(a) The board of school directors of every school district of the first, second, or third class, shall, and in any school district of the fourth class may, employ one or more persons to be known as attendance officers, or home and school visitors, whose duties shall be to enforce the provisions of this act regarding compulsory attendance. Such attendance officers, or home and school visitors, shall, in addition to the duties imposed upon them by the provisions of this act, have full police power without warrant, and may arrest or apprehend any child who fails to attend school in compliance with the provisions of this act, or who is incorrigible, insubordinate, or disorderly during attendance at school or on his way to or from school. All home and school visitors shall be legally certified as such by the Department of Education, upon meeting such standards as shall be prescribed by the State Board of Education.

(b) Any two or more school districts may join in the appointment of an attendance officer on such terms as they may mutually agree upon.

(c) State, municipal, port authority, transit authority, housing authority and school police officers shall have the same arrest powers as attendance officers or home and school visitors.

REGULATIONS

22 Pa. Code § 10.1. Purpose.

The purpose of this chapter is to establish and maintain a cooperative relationship between school entities and local police departments in the reporting and resolution of incidents that occur on school property, at a school sponsored activity or on a conveyance as described in the Safe Schools Act, such as a school bus, providing transportation to or from a school or school sponsored activity.

22 Pa. Code § 10.11. Memorandum of understanding.

(a) Each chief school administrator shall execute and update, on a biennial basis, a memorandum of understanding with each local police department having jurisdiction over school property of the school entity.

(b) A memorandum of understanding between a school entity and a local police department, including its development and implementation, must meet the requirements of section 1303-A(c) of the Safe Schools Act (24 P. S. § 13-1303-.A(c)).

(c) In developing a memorandum of understanding to execute with a local police department, a school entity shall consult and consider the model memorandum of understanding promulgated by the Board in Appendix A (relating to model memorandum of understanding).

(d) On a biennial basis, a school entity shall file with the Department's Office for Safe Schools a memorandum of understanding with each local police department having jurisdiction over property of the school entity. As part of its filing with the Department, a school entity shall identify substantive differences between the memorandum of understanding adopted by the school entity and the model memorandum of understanding and provide a statement of reasons for the differences.

(e) The Board, on a biennial basis, will review and, as necessary, revise its model memorandum of understanding in Appendix A. As part of its biennial review, the Board will consider the memoranda of understanding filed by school entities with the Department's Office for Safe Schools and statements explaining school entities' reasons for adopting memoranda of understanding having substantive differences with the model memorandum of understanding.

22 Pa. Code § 10.2. Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Charter school–A charter school or cyber charter school as defined in section 1703-A of the Charter School Law (24 P. S. § 17-1703-.A).

Chief school administrator–The superintendent of a public school district, executive director of an area vocational-technical school, executive director of an intermediate unit or chief executive officer of a charter school.

IEP–Individualized education program.

Incident–An instance involving one or more of the following:

(i) An act of violence.

(ii) The possession of a weapon by a person.

(iii) The possession, use or sale of a controlled substance or drug paraphernalia as defined in section 2 of The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § 780-102.).

(iv) The possession, use or sale of alcohol or tobacco by a person on school property.

(v) Conduct that constitutes an offense under section 1303-A(b)(4.1) or (4.2) of the Safe Schools Act (24 P. S. § 13-1303-.A(b)(4.1) and (4.2)).

Local police department–A police department having jurisdiction over school property of the school entity.

Memorandum of understanding–A confirmation of mutually agreed upon terms between two or more parties in the form of a document mutually agreed to by a school entity and a local police department as required under section 1303-A(c) of the Safe Schools Act.

Positive behavior support plan–A plan for a student with a disability or eligible young child who requires specific intervention to address behavior that interferes with learning. A plan is developed by the IEP team, based on a functional behavior assessment and becomes part of the individual eligible young child's or student's IEP. A plan includes methods that utilize positive reinforcement and other positive techniques to shape a student's or eligible young child's behavior ranging from the use of positive verbal statements as a reward for good behavior to specific tangible rewards. See §§ 14.133 and 711.46 (relating to positive behavior support).

Safe Schools Act–Article XIII-A of the School Code (24 P. S. §§ 13-1301-.A–13-1313-A).School-based diversion program–A program that, in partnership with other stakeholders, diverts youth out of the juvenile justice system. A program may include a youth aid panel in which a panel of community members decides an appropriate resolution to hold a student accountable for the student's actions by, among other options, requiring the student to complete educational activities, community service, restitution and any other related program or service.

School entity–A public school district, intermediate unit, area vocational-technical school or charter school.

School-wide positive behavior support–A school-wide, evidence-based and data-driven approach to improving school behavior that seeks to reduce unnecessary student disciplinary actions and promotes a climate of greater productivity, safety and learning.