Recently, the state law governing school police officers was amended, requiring school districts to notify the Pennsylvania Commission on Crime and Delinquency of each appointment within 30 days of court approval. What does this mean for your school?
What The Law Says
School districts seeking to appoint a School Police Officer (SPO) must follow a specific process set forth in the Pennsylvania Public School Code.
First, a formal petition must be presented to a Judge of the Court of Common Pleas in the county where the school district is located. The Petition must satisfy the requirements of the School Code, by providing proof of the following: (1) approval of the Officer’s appointment by the Board of Directors or Administration of the school entity; (2) successful completion of basic training or graduation from the Pennsylvania State Police Academy, and employment as a State Trooper with proof of separation, in good standing, from service with the Pennsylvania State Police; and (3) successful completion of training for school security personnel by an approved provider.
The Officer must also commit to attending annual in-service training, approved by the Municipal Police Officers’ Education and Training Commission (MPOETC).
After an opportunity for questioning, and if the Petition is satisfactory, the Judge will execute an Order approving the Officer’s appointment. The Petition and executed Order must then be filed in the Prothonotary’s office. The Prothonotary or a Magisterial District Judge presiding within the county in which the school district is located will administer the Officer’s Oath of office.
Within thirty (30) days of the Officer’s swearing in, the school district must submit a copy of the Court’s Order and the Officer’s Oath to the School Safety and Security Committee of the Pennsylvania Commission on Crime and Delinquency (PCCD), completing the process.
School Police Duties and Responsibilities
This recent amendment presents an opportunity to review the authority vested in School Police Officers (SPOs) and to distinguish them from School Resource Officers (SROs) and school security guards.
As a threshold matter, all Pennsylvania school security personnel, including SPOs, SROs, and security guards must complete specialized training, including the Basic School Resource Officer Course offered by the National Association of School Resource Officers (NASRO), or an equivalent court approved by PCCD.
Though there are similarities in training, specific training requirements for each position differ slightly and only designated, properly trained security personnel are permitted to carry firearms on school property while performing their school duties.
School Police Officers (SPOs)
An SPO is a sworn, certified law enforcement officer employed by a school entity. An SPO can also be an independent contractor or individual provided through a third-party vendor who has been appointed by the process detailed above, as designated by the school board or administration of the school entity. The third-party vendor must be an entity approved by the Pennsylvania Department of Education (PDE) Office for Safe Schools or the PCCD.
Examples of independent contractor SPOs are retired Federal agents or retired State, municipal or military police officers, or retired sheriffs or deputy sheriffs whose responsibilities are established through a written contract with the school entity, for the sole purpose of performing school security services.
School Resource Officers (SROs)
An SRO is a sworn, certified law enforcement officer deployed in a school through a partnership between a local police department/municipality and a school district. In other words, an SRO is a law enforcement officer commissioned and employed by a law enforcement agency who does not report to a traditional police station, but instead reports for duty at a school entity.
Typically the cost of employing an SRO is shared between the municipality and the school district. An SRO has the full authority of a police officer.
School Security Guards
A school security guard may or may not be an employee of the school district. Their services may be provided by a private, outside vendor. Their authority is limited to providing routine safety and security duties.
School security guards are not granted official school police officer powers and they are not subject to the same court approval requirements as outlined above, however, they must successfully complete criminal background checks, obtain child abuse clearances, and receive mandatory reporter training.
Bottom Line for Schools
School districts should always be mindful of changes in the Pennsylvania Public School Code. The Education Law Practice Group at KingSpry is proud to handle appointment proceedings for School Police Officers to ensure timely compliance with the School Code’s requirements.
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 about the issues raised in this article, please consult your legal counsel or one of the Education attorneys at KingSpry.
