Under a recent amendment to the School Code, schools must now notify parents, certain school personnel, and PDE of incidents when a student is in possession of a weapon on school property. Under the current law, notification is required to law enforcement and to PDE where expulsion is involved.
Covered School Entities
The Act applies to school entities, private schools, and nonpublic schools (“schools”), which are defined as follows:
• School Entities: A career and technical school, charter school, cyber charter school, regional charter school, school district, or intermediate unit.
• Private Schools: A private academic school as defined in Section 2 of the Private Academic Schools Act.
• Nonpublic Schools: A nonprofit school, other than a public school, in which a Pennsylvania resident may legally fulfill the compulsory school attendance requirements of the School Code.
Notification Requirements
The Act establishes a new provision, “Parental and Employe Notification of Weapon Incidents,” requiring schools to notify parents, guardians, and school employees when weapons related incidents in violation of any of the following laws occur:
• Section 1317.2 of the School Code, relating to the mandated expulsion of any student in possession of a weapon on or at any school property, any school-sponsored activity, or any public conveyance providing transportation to a school or school-sponsored activity;
• 18 Pa.C.S. § 912, relating to the possession of a weapon on school property; or
• Locally established policies, such as school board policies, relating to weapons.
“Unless the circumstances of the incident necessitate otherwise,” schools must comply with the following notification requirements:
• 24 Hours. The notification must be made within 24 hours of the incident.
• Communication. The notification must be made using a method of communication likely to reach parents, guardians, and school employees.
• School Building. If an incident occurs at a school building, the notification may be limited to just those parents and guardians of students attending and employees assigned to that building.
• Shared Campus. However, if an incident occurs at a school building that shares a campus with other school buildings, the notification must be made to those parents and guardians of students attending and employees assigned to any building on the campus.
• School-Sponsored Activities. If an incident occurs at a school-sponsored activity or on a public conveyance providing transportation to or from a school or school-sponsored activity, the school must ensure that notification “reaches the appropriate population” of parents, guardians, and school employees. However, notification is not required if the incident is not directly related to the school-sponsored activity or the students or staff involved.
• School Employees. If a student is in possession of a weapon, the school employee to whom the student is assigned will be deemed a “school official with legitimate educational interest in the student.” As such, the school must notify that employee of the student’s identity and records relating to the incident.
Schools must note that the Act does not limit their responsibility to report incidents to local law enforcement. Additionally, in an emergency, the Act does not supersede or limit a school’s obligation to follow their disaster response and emergency preparedness plan.
Protection of Personally Identifiable Information
Notifications provided under the Act must not contain any personally identifiable information about a student. However, this rule does not apply to notifications made to (1) the parent or guardian of a student found in possession of a weapon nor (2) the school employee to whom the student is assigned.
Effective Date
The Act takes effect in sixty (60) days on January 5, 2026.
Bottom Line For Schools
Under the current law, school districts are only required to report weapons related incidents to the Department of Education when they result in expulsions. Hence, the Act significantly expands schools’ obligations by requiring notification to parents, guardians, and school employees under the aforementioned circumstances.
School administrators are encouraged to review the Act, adopt updated practices and procedures, and train all employees involved in the incident response and notification process.
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. If your school has a question, please consult legal counsel or one of the Education attorneys at KingSpry.
