PRINTER'S NO. 2843
No. 2180 Session of 2000
INTRODUCED BY THOMAS, J. TAYLOR, GEIST, DALEY, HALUSKA, KIRKLAND, MYERS, RAMOS, ROBINSON, SOLOBAY, WASHINGTON AND YOUNGBLOOD, JANUARY 18, 2000
REFERRED TO COMMITTEE ON EDUCATION, JANUARY 18, 2000
AN ACT 1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An 2 act relating to the public school system, including certain 3 provisions applicable as well to private and parochial 4 schools; amending, revising, consolidating and changing the 5 laws relating thereto," further providing for school police 6 officers. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Section 778 of the act of March 10, 1949 (P.L.30, 10 No.14), known as the Public School Code of 1949, amended June 11 25, 1997 (P.L.297, No.30), is amended to read: 12 Section 778. School Police Officers.--(a) [Any] Each school 13 district [may] shall apply to any judge of the court of common 14 pleas of the county within which the school district is situated 15 to appoint such person or persons as the board of directors of 16 the school district may designate to act as school police 17 officer for said school district. The judge, upon such 18 application, [may] shall appoint such person, or so many of them 19 as he may deem proper, to be such school police officer and
1 shall note the fact of such appointment to be entered upon the 2 records of the court. The judge [may, at the request of the 3 school district,] shall grant the school police officer the 4 power to arrest as provided in subsection (c)(2), the authority 5 to issue citations for summary offenses [or], the authority to 6 detain students until the arrival of local law enforcement, the 7 authority to educate students as provided in subsection (c)(4), 8 or any combination thereof. 9 (b) Every school police officer so appointed shall, before 10 entering upon the duties of his office, take and subscribe to 11 the oath required by the seventh article of the Constitution, 12 before an alderman or justice of the peace or prothonotary. Such 13 oath shall be filed by the justice of the peace, alderman, or 14 prothonotary among his papers, and a note made upon his docket 15 of the fact of the oath having been taken. 16 (c) Such school police officer so appointed shall severally 17 possess and exercise all the following powers and duties: 18 (1) To enforce good order in school buildings, on school 19 buses and on school grounds in their respective school 20 districts. For purposes of this clause, the term "school bus" 21 shall include vehicles leased by the school district to 22 transport students and vehicles of mass transit used by students 23 to go to and from school when the school police officer is 24 responding to a report of an incident involving a breach of good 25 order or violation of law. 26 (2) [If authorized by the court, to] To exercise the same 27 powers as are now or may hereafter be exercised under authority 28 of law or ordinance by the police of the municipality wherein 29 the school property is located. 30 (3) [If authorized by the court, to] To issue summary 20000H2180B2843 - 2 -
1 citations or to detain individuals until local law enforcement 2 is notified. 3 (4) To educate students on violent acts and criminal 4 offenses. 5 (d) Such school police officer shall, when on duty, 6 severally wear a metallic shield or badge with the words "School 7 Police," and the name of the district for which appointed. Such 8 shield shall always be worn in plain view when on duty except 9 when employed as detective. 10 (e) The compensation of such school police officers shall be 11 paid by the school district for which the school police officers 12 are respectively appointed, as may be agreed upon between the 13 board of school directors and the school police officer. 14 (f) School districts and municipalities may enter into 15 cooperative police service agreements pursuant to 42 Pa.C.S. § 16 8953(e) (relating to Statewide municipal police jurisdiction) to 17 authorize the exercise of concurrent jurisdiction with local law 18 enforcement within the municipality where the school or school 19 district is located or within the municipality in which a school 20 event or activity will take place. 21 (g) When acting within the scope of this section, school 22 police officers shall, at all times, be employes of the school 23 district and shall be entitled to all of the rights and benefits 24 accruing therefrom. 25 (h) Nothing in this section shall be construed to preclude a 26 school district from employing other security personnel as the 27 school district deems necessary. 28 Section 2. This act shall take effect in 60 days. J21L24DMS/20000H2180B2843 - 3 -