New Student Safety Bills Signed into Law (December 3, 2019)

On December 3, 2019, Governor Wolf signed three bills focused on student safety into law. HB 49, now Act 91, authorizes necessary fixes to provisions under Act 67 of 2019 regarding school safety personnel. The bill reinstates school police officers’ arrest power but does not give the same authority to private third-party vendors who serve in that role. Act 91 also extends the deadline for school police officers and school resource officers who were employed or contracted by a school entity or nonpublic school before September 2, 2019. The deadline is extended from February 29, 2020 to the beginning of the 2020-21 school year. As amended on the House floor this week, the training deadline for armed school security guards is still set at February 28, 2020 unless the school board approves an extension due to a hardship in complying with the deadline. A hardship includes: 1) an increased risk to students, staff or visitor due to the absence of school security guards while school is in session because of compliance with the training deadline; or 2) deployment or active military service, illness, family emergency or other approved leave that would prevent compliance with the deadline. The law also retains the original language of the HB49 regarding financial education. It also allows grades 9-12 students to apply up to one credit earned for successfully completing a course in personal finance to satisfy a graduation credit requirement in social studies, family and consumer science, business education or math. The school will determine how the credit earned will be applied. A student is not permitted to apply more than one credit to satisfy a math credit requirement for graduation. This change begins with students graduating at the end of the 2020-21 school year.

Senate Bill 473 and House Bill 97, now Act 93 of 2019 and Act 111 of 2019 respectively, amends the definition of “tobacco product” to include electronic nicotine delivery systems and prohibit the sale of these products to minors. Both acts would prohibit the use of tobacco products by students or any other person. The acts establish penalties and require school boards to adopt policy to enforce the prohibition regarding the use of tobacco products and notify students, parents and employees. Boards may designate certain areas to permit the use of tobacco products to persons other than students. This language clarifies the authority of school boards to implement rules and penalties for the use of tobacco products in school buildings, on school grounds, school vehicles and school-sponsored events. Act 111 additionally raises the minimum legal age to purchase tobacco products from 18 to 21 years of age, unless the person is an active member of the military.