The General Assembly and Governor Shapiro recently enacted various legislation affecting school entities. The following is a brief summary of those developments.
Act 55 of 2024 requires each school entity (i.e., school districts and vocational-technical schools) to have at least one full-time school security personnel who has completed the required training on duty during the school day. “School security personnel” are defined to include school police officers, school resource officers, and school security guards. “School day” is defined as the hours between the morning opening of a school building and the afternoon dismissal of students on a day which school is in session. School entities may directly employ or contract for school security personnel. School entities may, but are not required to, assign school security personnel to be on duty during extracurricular activities that are outside the school day.
School entities must certify to the School Safety and Security Committee each year that they have met this requirement or have been issued a waiver for this requirement. Waivers may be granted based on criteria developed by the Pennsylvania Commission on Crime and Delinquency. The criteria for the waiver must include an attestation that the school entity has acted in good faith and meets one of the following:
- Does not have a municipal police department or law enforcement agency that is able to provide a School Resource Officer.
- Has been unable to hire or contract with a school police officer.
- Has been unable to hire or contract with a school security guard.
- Has been unable to hire or contract with a police officer from an accredited police force.
Applications for waivers are to be submitted to the School Safety and Security Committee for the waiver, and a waiver will expire one year after its approval.
Joint guidance issued by the PA Commission on Crime and Delinquency and the PA Department of Education advises that school entities are not required to have school security personnel in place prior to the start of the 2024-2025 school year to meet the requirement but are expected to meet the requirement or apply and receive a waiver during this school year.
Act 67 of 2024 amended Section 1302 of the Public School Code to include provisions for disenrolling a student whenever their parent, guardian, or other person having charge of the child does not reside in the school district and a determination is made that the child is not otherwise entitled to free school privileges. The statute provides that the child may not be disenrolled from the school until:
(1) The parents, guardians, or any other person having charge or care of the child are provided an opportunity to appeal the decision through a hearing held pursuant to an appropriate grievance policy of the school district, and any appeal has been exhausted;
(2) After the parents, guardians, or any other person having charge or care of the child have been provided notice of such a hearing, the parents, guardians, or other person having charge or care of the child decline to participate in a hearing pursuant to the appropriate grievance policy of the school district or appeals process.
(3) After the parents, guardians, or any other person having charge or care of the child have been provided information from the school district’s liaison for homeless children and youth regarding the educational rights of homeless students; or
(4) A court enters an order directing the child to be disenrolled and enrolled in a different school.
Section 1302.1 of the Public School Code, enacted in 2023, provides that school districts are to enroll students whose parent is an active duty member of the armed forces of the United States prior to establishing residency for purposes upon providing a copy of the official military orders to the school district and proof of the parent or legal guardian’s intention to move into the school district. Proof under this subsection may include a signed contract to purchase a home, a signed lease agreement, or a statement from the parent or legal guardian stating their intention to move into the school district. Act 82 of 2024 extends these rights to any student who is required to move due to the parent’s responsibilities in the service of the National Guard or Reserve that result in the student having to transfer from a public school in one state to a public school located in Pennsylvania.
