On July 11, 2024, Pennsylvania Governor Josh Shapiro approved Senate Bill No. 700, now Act No. 55 of 2024 (“Act 55”). Act 55 amends several sections of the Pennsylvania Public School Code of 1949 (the “School Code”).
In Part One of our School Administrators’ Guide to Act 55, KingSpry’s Education Law Chair Emeritus, John E. Freund, III, Esq., and Education Law Attorney, Sarah Modrick, Esq., LL.M., discuss the changes impacting school safety and security.
School Safety and Security Grant Program
During the 2024-2025 fiscal year, the School Safety and Security Fund will be used as follows:
1. One hundred million dollars ($100,000,000) for school safety and mental health grants under Section 1314.1-B; and
2. Twenty million seven hundred thousand dollars ($20,700,000) for targeted school safety grants under Section 1306.1-B.
Grants may be issued to schools for programs that address school mental health and safety and security, including: (i) costs associated with the training and compensation of school security personnel, and (ii) costs of purchasing cell phone lockable bags for schools that have adopted a policy prohibiting the use of cell phones during the school day.
The School Safety and Security Coordinator’s Report
Act 55 amends Section 1309-B of Article XIII-B, governing the duties of the School Safety and Security Coordinator. By June 30, 2025, and each June 30th thereafter, the School Safety and Security Coordinator must make a report to their school district’s board of directors.
The report must include the following:
1. The number of school security personnel, broken out by type;
2. The number of school security personnel that is armed, broken out by type;
3. The school building at which each school security personnel is assigned, broken out by type;
4. The training, including the type of training and dates completed, by each school security personnel, broken out by type; and
5. A list of other individuals utilized for school-safety-related duties.
School Safety and Security Training
Act 55 amends Section 1310-B of Article XIII-B, governing school safety and security training, to provide cyber charter schools the opportunity to waive or provide an alternative training opportunity to address the in-person training required under subsection (a)(1.1)(i) for any cyber charter school employee who is not physically located in the Commonwealth and who exclusively provides remote instruction.
A cyber charter school providing a waiver or alternative training opportunity must provide an attestation that the employee meets the requirements of this Section.
Additionally, the cyber charter school must report its waiver or alternative training opportunity annually through the School Safety and Security Coordinator’s Report.
School Safety and Mental Health Grants
Act 55 amends Section 1314.1-B of Article XIII-B to provide funding for School Safety and Mental Health Grants (“Grants”) for the 2024-2025 school year as follows:
1. A school district shall be eligible for a Grant to meet the Level 1 Baseline Criteria for physical security or behavioral health and school climate;
2. If a school district has met the Level 1 Baseline Criteria for physical security, it shall be eligible to expend funding for activities outlined under Section 1306(J); and
3. If a school district has met the Level 1 Baseline Criteria for behavioral health and school climate, it shall be eligible to expend funding for activities outlined under Section 1306(J).
Applications for Grants will be available no later than August 25, 2024.
School Security Personnel
Beginning with the 2024-2025 school year, a school must have at least one (1) full-time school security personnel, who has completed the training pursuant to Section 1305-C, 1313-C(A.1), or 1314-C of Article XIII-C, on duty during the school day, unless the school has been granted a waiver.
A school’s governing body, i.e., board of directors, may decide to have a school security personnel on duty during extracurricular activities that occur outside of the school day.
Schools must certify to the Pennsylvania Commission on Crime and Delinquency (“PCCD”) that they have hired or contracted with a school security personnel that satisfies the requirements of Article XIII-C, unless the school district has been granted a waiver.
Act 55 also permits schools to assign duties to its school security personnel that are not otherwise assigned under the School Code.
Bottom Line for Schools
These provisions took effect on July 11, 2024. School administrators with questions are encouraged to contact their Solicitor or KingSpry’s Education Law Practice Group to ensure compliance prior to the start of the 2024-2025 school year.
School Law Bullets are a publication of KingSpry’s Education Law Practice Group. They are meant to be informational and do not constitute legal advice.