Act 67 - Police and SROs
On July
2, 2019, Act 67 of 2019 (Act 67) was signed into law. Act 67, which
took effect August 31, 2019, amended Article XIII-C of the Pennsylvania School
Code and made updates to Pennsylvania's school safety laws, specifically
regarding the training and credentials required for school resource officers
(SROs), school police officers (SPOs), and school security guards.
Act 67
explicitly delineated which personnel a school entity or nonpublic school may
authorize to carry firearms. Under Act 67, school entities and non-public
schools may only authorize school employees or contractors who meet the
definition of "school security personnel"—SPOs, SROs, and school
security guards—to carry firearms while performing their school
duties. Act 67 does not permit individuals outside of this
definition (i.e., teachers) to carry firearms while performing their school
duties.
On November 27,
2019, Article XIII-C of the Pennsylvania School Code was amended again through
Act 91 of 2019 (Act 91). Act 91, which took effect immediately, extended the
time within which SPOs, SROs, and unarmed school security guards who were
employed or contracted by a school entity or nonpublic school prior to
September 2, 2019 must successfully complete the Basic School Resource Officer
Course offered by the National Association of School Resource Officers, or an
approved equivalent course of instruction. Under Act 91, such individuals must
complete such courses by the beginning of the 2020-2021 school year. Armed
school security guards who were employed or contracted by a school entity or
nonpublic school before September 2, 2019 must successfully complete the
instruction by February 28, 2020, unless the school entity or non-public school
approves an extension of time due to “hardship”. Act 91 also restored
provisions that grant SPOs the authority to arrest. Specific details are
outlined in more detail below.
The
following guidance provides direction to school entities (i.e., school
districts, intermediate units, career and technical schools, charter schools,
and private residential rehabilitative institutions) and non-public schools
about the training and credentials that are required in order for school security personnel to
be armed within the scope of their employment.