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Legicrawler :: Pennsylvania SB01211

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PASB01211
An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in public safety, providing for the School Safety and Security Program. | Senator REGAN
Status: Remarks see Senate Journal Page ....), June 22, 2018 [Senate]
All Versions: Introduced

Pennsylvania Legislation provided by Legicrawler © 2015

Regular Session 2017-2018 Senate Bill 1211 P.N. 1916
PRINTER'S NO. 1916
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1211
Session of
2018
INTRODUCED BY REGAN, LANGERHOLC, MARTIN, McGARRIGLE, SCARNATI,
GORDNER, BROWNE, YAW, HUTCHINSON, BARTOLOTTA, RAFFERTY,
BREWSTER, VULAKOVICH, RESCHENTHALER, STEFANO, YUDICHAK AND
WARD, JUNE 22, 2018
REFERRED TO EDUCATION, JUNE 22, 2018
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in public safety, providing for the
School Safety and Security Program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 21
SCHOOL SAFETY AND SECURITY PROGRAM
Sec.
2101. Short title of chapter.
2102. Purpose.
2103. Definitions.
2104. School Safety and Security Program Committee.
2105. Powers and duties of committee.
2106. Duties of department.
2107. Confidentiality.
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2101. Short title of chapter.
This chapter shall be known and may be cited as the School
Safety and Security Program Act.
2102. Purpose.
The purpose of this chapter is to create a program that
provides an achievable and affordable safe learning and working
environment in all schools of this Commonwealth by using
innovative tools, security industry best practices and
technology to help school personnel prepare for, mitigate and
respond to potential life-threatening situations.
2103. Definitions.
The following words and phrases when used in this chapter
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 Program
Committee established under section 2104 (relating to School
Safety and Security Program Committee).
"Department." The Department of Education of the
Commonwealth.
"Learning Management System" or "LMS." A web-based software
system for assessments, surveys and training that, at a minimum,
has the following capabilities:
(1) Collects school safety data from electronic and in-
person assessments.
(2) Identifies school entities that are noncompliant
with best practices for school safety and security
established by the committee.
(3) Contains assessment data, surveys, school safety and
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security plans and training programs that are customizable to
each school entity and building.
(4) Provides reports for users authorized by the
committee.
(5) Offers an online classroom for web-based training.
(6) Provides for all data collected by the system to be
owned and controlled by the Commonwealth.
"Program." The School Safety and Security Program under
section 2105(a)(1) (relating to powers and duties of committee).
The critical elements of the program are assessing and planning
and training, equipping and sustaining school entities to meet
best school safety and security practices.
"Risk and vulnerability assessment." The process of defining
and analyzing the dangers to and susceptibilities of
individuals, school entities and school employees in the event
of natural and human-caused adverse events.
"School employee security capability assessment." The
process of identifying the current abilities of all school
employees to prepare for, mitigate and respond to potential
life-threatening situations.
"School entity." A school district, intermediate unit, area
vocational-technical school, charter school or a private
residential rehabilitation institution as defined in section
914.1-A(c) of the act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949.
"School safety and security plan." A written standardized
document used by school entities and authorized personnel to
prepare for, mitigate and respond to life-threatening
situations, including, but not limited to, threats of violence,
violent events, fires, severe weather, natural disasters,
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medical emergencies and hazardous situations.
2104. School Safety and Security Program Committee.
(a) Committee established.--The School Safety and Security
Program Committee is established within the Pennsylvania
Commission on Crime and Delinquency.
(b) Composition.--The committee shall consist of the
following:
(1) Four members, one of whom shall be appointed by the
President pro tempore of the Senate, one of whom shall be
appointed by the Minority Leader of the Senate, one of whom
shall be appointed by the Speaker of the House of
Representatives and one of whom shall be appointed by the
Minority Leader of the House of Representatives.
(2) A chairperson who shall be appointed by the
Governor, by and with the advice and consent of two-thirds of
all the members of the Senate.
(3) The Secretary of Education or a designee who shall
be an employee of the department.
(4) The Director of the Pennsylvania Emergency
Management Agency or a designee who shall be an employee of
the Pennsylvania Emergency Management Agency.
(5) The Commissioner of Pennsylvania State Police or a
designee who shall be an employee of the Pennsylvania State
Police.
(6) The Attorney General or a designee who shall be an
employee of the Office of Attorney General.
(7) A representative from the Pennsylvania Association
of School Business Officials.
(8) A representative from the Pennsylvania Fraternal
Order of Police.
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(9) Six members who are recognized subject matter
experts, one member to represent each of the following areas,
selected by the legislative appointees to the committee under
subsection (b)(1):
(i) Mental health.
(ii) Strategic security.
(iii) Security equipment.
(iv) Architecture.
(v) Information technology systems.
(vi) County emergency management administration.
(c) Terms.--The terms of the members shall be as follows:
(1) The members specified under subsection (b)(1) shall
serve for a term of three years and shall not be eligible to
serve more than two full consecutive three-year terms. A
member shall remain on the committee until the member's
replacement is appointed.
(2) The terms of the members under subsection (b)(3),
(4), (5) and (6) shall be concurrent with their service in
the office from which they derive their membership.
(3) The members under subsection (b)(2), (7), (8) and
(9) shall serve four-year terms and shall not be eligible to
serve more than two full consecutive four-year terms. A
member shall remain on the committee until the member's
replacement is appointed.
(d) Quorum.--A majority of the members of the committee
shall constitute a quorum. Action may be taken by the committee
at a meeting upon a vote of a quorum of its members present in
person or through electronic means.
(e) Meetings.--The committee shall meet as necessary at the
call of the chairperson.
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(f) Reimbursement.--The committee members shall serve
without compensation but may be reimbursed for necessary and
reasonable expenses incurred in attending meetings of the
committee and in the performance of duties under section 2105
(relating to powers and duties of committee).
(g) Formation.--The committee shall be formed within 15 days
of the effective date of this chapter.
(h) Interim chairperson.--Until such time as the chairperson
is confirmed by the Senate, the committee shall select an
interim chair from among its membership.
(i) Staffing.--The commission shall cooperate with the
committee to select staff to be employed by the commission and
assigned to support the committee to adequately perform the
duties outlined in section 2105.
2105. Powers and duties of committee.
(a) Duties.--The committee has the power and duty to:
(1) Oversee, direct and evaluate the implementation of
the School Safety and Security Program.
(2) Establish best practices related to assessment,
training standards, planning and compliance oversight in all
matters regarding school safety and security.
(3) Identify or develop, update and maintain a database
for all program-gathered information for use by school
employees and other authorized personnel. The Commonwealth
shall maintain control of any data collected under the
program.
(4) Identify or develop, update and maintain a Learning
Management System for use by school employees and other
authorized personnel, which shall include updating and
maintaining a risk and vulnerability assessment and school
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employee security capability assessment tool.
(5) Develop a school safety and security assessment
process.
(6) Establish a minimum set of qualifications and
certifications for school employees and third-party vendors
to assist in the risk and vulnerability and school employee
security capability assessment process.
(7) Advise and assist the department in the
dissemination, completion and analysis of the LMS assessment
data by all school entities.
(8) Identify or develop, update and maintain a
standardized school safety and security plan for use by all
school entities.
(9) Establish a minimum set of qualifications and
certifications for school employees and third-party vendors
to assist in the development of a standardized school safety
and security plan.
(10) Oversee the dissemination and modification of the
standardized school safety and security plan.
(11) Identify or develop, update and maintain a
standardized school safety and security training program,
including web-based and live, scenario-based training.
(12) Establish a minimum set of qualifications and
certifications for school employees and third-party vendors
to assist in the development of web-based and live scenario-
based training related to the school safety and security
plan. Employees required to undergo continuing education
under section 1205.2 of the act of March 10, 1949 (P.L.30,
No.14), known as the Public School Code of 1949, shall
receive credit toward their continuing professional education
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requirements if the training program has been approved by the
department in consultation with the commission.
(13) Oversee the development, updating and modification
of all school safety and security training related to the
standardized school safety and security plan for use by
school employees and qualified, certified third-party vendors
in the delivery of web-based and live scenario-based
training.
(14) Establish a minimum set of qualifications and
certifications for school employees and third-party vendors
in the delivery of web-based and live scenario-based
training.
(15) Develop, update and maintain an annual sustainment
program related to the assessment, planning, training and
implementation processes outlined under this subsection.
(b) Coordination.--The committee shall coordinate with the
commission and the department to carry out the duties under
subsection (a). The following apply:
(1) Beginning November 1, 2018, at least 600
standardized onsite school safety and security assessments
shall be completed annually. School entities shall be
identified and prioritized based upon initial assessment data
results.
(2) Beginning September 1, 2019, at least 750
standardized live, scenario-based training sessions shall be
conducted annually.
(3) Prior to the start of the 2019-2020 school year, all
school entities shall have completed or received:
(i) An initial school employee security capability
assessment.
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(ii) An initial school safety and security plan.
(iii) An initial LMS school safety and security
training course.
2106. Duties of department.
(a) Duties.--The department shall :
(1) Deliver the LMS to school employees and other
authorized personnel by October 1, 2018. The LMS data shall
be gathered by October 31, 2018.
(2) After the initial gathering of LMS data under
paragraph (1), utilize the LMS to gather data on or before
September 1 of each year.
(3) Provide the annual LMS data to the committee.
(b) Coordination.--The department shall:
(1) Coordinate with the commission and committee to
carry out the duties under subsection (a).
(2) Coordinate with the commission on training,
including, but not limited to, training under section
2105(11), (12), (13) and (14) (relating to powers and duties
of committee).
(c) Noncompliance.--The department may withhold any funding
related to school safety and security to any school district
that fails to comply with the program.
2107. Confidentiality.
(a) Right-to-Know Law inapplicable.--Data provided for the
purposes of carrying out the requirements of this chapter shall
be confidential and shall not be subject to the act of February
14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, or
discoverable or admissible as evidence in any civil, criminal or
administrative action or proceeding.
(b) Access to data.--Nothing in this section shall prohibit
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the committee from accessing the data to carry out
responsibilities in accordance with this chapter.
Section 2. This act shall take effect immediately.
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