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PRIOR PRINTER'S NO. 1196
PRINTER'S NO. 1728
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
971
Session of
2023
INTRODUCED BY COLEMAN, TARTAGLIONE, ARGALL, DUSH AND COLLETT,
OCTOBER 31, 2023
SENATOR ARGALL, EDUCATION, AS AMENDED, JUNE 12, 2024
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in safe schools STUDENT SUPPORTS,
providing for parental and employee notification of weapon
incidents.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 1303.2-A. Parental and Employe Notification of
Weapon Incidents.--(a) A school entity shall notify parents and
guardians and school employes of an incident involving the
possession of a weapon on any school property that constitutes a
violation of one of the following:
(1) Section 1317.2.
(2) 18 Pa.C.S. § 912 (relating to possession of weapon on
school property).
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(3) A school board's locally established policies relating
to weapons.
(3) LOCALLY ESTABLISHED POLICIES OF A SCHOOL ENTITY'S
GOVERNING BODY RELATING TO WEAPONS.
(b) The following shall apply:
(1) Unless the circumstances of the incident necessitate
otherwise, the notification shall be made in accordance with the
following:
(i) The notification required under subsection (a) shall be
made within twenty-four (24) hours of the incident.
(ii) The notification shall be made using a method of
communication likely to reach parents and guardians and school
employes.
(2) If the EXCEPT AS PROVIDED IN PARAGRAPH (3), IF AN
incident involving the possession of a weapon occurs at a school
building, school entities THE SCHOOL ENTITY may limit
notification to parents and guardians of students enrolled in or
attending, or school employes assigned to, the school building
where the incident occurred.
(3) IF THE SCHOOL BUILDING AT WHICH THE INCIDENT OCCURS
SHARES A CAMPUS WITH OTHER SCHOOL BUILDINGS, THE SCHOOL ENTITY
SHALL MAKE NOTIFICATION TO PARENTS AND GUARDIANS OF STUDENTS
ENROLLED IN OR ATTENDING, OR SCHOOL EMPLOYES ASSIGNED TO, ANY
BUILDING SITUATED ON THE SHARED CAMPUS.
(3) (4) If an incident involving the possession of a weapon
occurs at a school-sponsored activity or on a public conveyance
providing transportation to or from a school or school-sponsored
activity, the following shall apply:
(i) The school entity shall ensure that the notification
required under this section reaches the appropriate population
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of parents and guardians and school employes.
(ii) A notification is not required if the incident is not
directly related to the school-sponsored activity or the
students or staff involved in the activity.
(5) SUBJECT TO 20 U.S.C. § 1232G (RELATING TO FAMILY
EDUCATIONAL AND PRIVACY RIGHTS), A SCHOOL EMPLOYE TO WHOM A
STUDENT IN POSSESSION OF A WEAPON UNDER SUBSECTION (A) IS
ASSIGNED SHALL BE DEEMED TO BE A SCHOOL OFFICIAL WITH LEGITIMATE
EDUCATIONAL INTEREST IN THE STUDENT, AND THE SCHOOL ENTITY SHALL
NOTIFY THE SCHOOL EMPLOYE OF THE STUDENT'S IDENTITY AND PORTION
OF THE STUDENT'S RECORDS RELATING TO THE INCIDENT.
(c) Nothing in this section shall be construed to:
(1) Limit a school entity's responsibility to report
incidents to local law enforcement prior to providing parents
and guardians and school employes with the notification required
under subsection (a).
(2) In an emergency, supersede or limit a school entity's
responsibility to follow the procedure in its disaster response
and emergency preparedness plan developed under 35 Pa.C.S. §
7701(g) (relating to duties concerning disaster prevention).
(3) Supersede or preempt any provision of a collective
bargaining agreement between a school entity and an employe
organization.
(d) Except as required to notify the parent or guardian of a
student found to be in possession of a weapon, or TO PROVIDE
NOTICE TO SCHOOL EMPLOYES UNDER SUBSECTION (B)(5) OR AS
otherwise permitted, the school entity's notification to parents
or guardians or school employes under this section shall not
contain personally identifiable information about a student IN
COMPLIANCE WITH 20 U.S.C. § 1232G .
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(e) For the purposes of this section, the term "school
property" shall mean any of the following:
(1) Any public school grounds.
(2) Any school-sponsored activity.
(3) Any conveyance providing transportation to a school
entity or school-sponsored activity.
(E) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING WORDS
AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION:
"SCHOOL ENTITY." AN AREA CAREER AND TECHNICAL SCHOOL,
CHARTER SCHOOL, CYBER CHARTER SCHOOL, NONPUBLIC SCHOOL, PRIVATE
SCHOOL, REGIONAL CHARTER SCHOOL OR SCHOOL DISTRICT.
"SCHOOL PROPERTY." ANY OF THE FOLLOWING:
(1) PUBLIC SCHOOL GROUNDS.
(2) A SCHOOL-SPONSORED ACTIVITY.
(3) A CONVEYANCE PROVIDING TRANSPORTATION TO A SCHOOL
ENTITY OR SCHOOL-SPONSORED ACTIVITY.
Section 2. This act shall take effect in 60 days.
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