Regular Session 2023-2024 House Bill 1203 P.N. 1273

PRINTER'S NO. 1273

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1203

Session of

2023

INTRODUCED BY SAPPEY, OTTEN, HANBIDGE, PROBST, BRENNAN, HILL-

EVANS, SANCHEZ, MADDEN, FLEMING, KAZEEM, TAKAC, WARREN AND

CIRESI, MAY 19, 2023

REFERRED TO COMMITTEE ON EDUCATION, MAY 19, 2023

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 grounds and buildings, providing

for automated external defibrillator placement, inspection,

maintenance and plan; in school health services, further

providing for automatic external defibrillators; and, in

charter schools, further providing for provisions applicable

to charter schools and for applicability of other provisions

of this act and of other acts and regulations.

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 743. Automated External Defibrillator Placement,

Inspection, Maintenance and Plan.--(a) Beginning in the 2023-

2024 school year and each school y

ear thereafter, each school

building or facility where children in kindergarten through

grade twelve attend school or

participate in school-sponsored

activities shall have at least one automated external

defibrillator system placed in a central location that is

accessible for use. A school entity shall place an automated

external defibrillator:

(1) with appropriate signage in accordance with best

practices and American Heart Association guidelines on the

effective date of this section, including three dimensional

signs and arrows, in plain view, leading to and beside the

automated external defibrillator;

(2) with instructions for the proper use of the automated

external defibrillator at the location of the automated external

defibrillator;

(3) in an accessible location during normal school hours and

any school-sponsored activities;

(4) in compliance with 42 U.S.C. Ch. 126 (relating to equal

opportunity for individuals with disabilities), including

placing the automated external defibrillator not more than

forty-eight (48) inches above the floor or ground;

(5) in a location that is no more than one thousand (1,000)

feet in distance from a designated member of the cardiac

emergency response team under subsection (d) in the school

entity's protocol for access to the automated external

defibrillator; and

(6) in a permanent and accessible location with climate

control that is no more than one thousand (1,000) feet in

distance from a school sports field.

(b) For an automated external defibrillator installed before

the effective date of this section, a school entity shall

the effective date of this section. For an automated external

defibrillator installed after the effective date of this

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section, a school entity shall register the automated external

defibrillator immediately upon installation. The school entity

shall register the automated external defibrillator with the

following:

(1) The National AED Registry.

(2) The manufacturer of the automated external

defibrillator.

(3) Local emergency medical services.

automated external defibrillator in each school building or

facility and a standard form for completion as a record of the

inspection. The following shall apply:

(1) The schedule to inspect shall require the cardiac

emergency response plan site coordinator under subsection (e) to

inspect the automated external defibrillator in accordance with

the manufacturer's guidelines and to visually determine if there

is obvious damage indicating that the automated external

defibrillator device or cabinet has been compromised. If the

inspection indicates that the automated external defibrillator

is nonoperational, the cardiac emergency response plan site

coordinator shall immediately do all of the following:

(i) Notify local emergency medical services, the school

building administrator, each cardiac emergency response team

member and the students, parents, teachers and staff located in

the school building or facility where the automated external

defibrillator is located.

(ii) Indicate with appropriate signage at the location of

the automated external defibrillator that the automated external

defibrillator is nonoperational.

(iii) Provide instructions with appropriate signage at the

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location of the automated external defibrillator where the

closest operational automated external defibrillator is located.

(iv) Order replacement parts, request a loaner automated

external defibrillator and provide notice of the expected date

of restoration of the automated external defibrillator.

(2) The cardiac emergency response plan site coordinator

shall maintain a record of inspection for an automated external

defibrillator. The cardiac emergency response plan site

coordinator shall make the record of inspection available to the

public at the school entity building or facility where the

automated external defibrillator is located and post the record

of inspection on the school entity's publicly accessible

Internet website. The record of inspection shall include, at a

minimum, the date when maintenance last occurred or will occur

under section 1423(c)(2) and a notation of all of the following

data about the automated external defibrillator:

(i) The d ate of and location of purchase.

(ii) The serial number.

(iii) The warranty expiration date.

(iv) The p ad, including the spare pad.

(v) The pad expiration date.

(vi) Whether the replacement of the pad occurred upon

inspection.

(vii) The b attery expiration date.

(viii) The number of times the automated external

defibrillator was used since the last date of inspection.

(ix) Whether the automated external defibrillator is rescue

ready as indicated per the manufacturer's guidelines.

(x) Any damage observed or repaired during the inspection of

the automated external defibrillator or the automated external

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defibrillator's case.

(d) A school entity shall develop a protocol for the use of

an automated external defibrillator by a trained or untrained

individual

to address, at a minimum, the limitation of

liability when there is an absence of gross negligence or

willful or wanton misconduct that may arise in connection with a

good faith attempt of use or nonuse of the automated external

defibrillator. The following shall apply:

(1) The

protocol shall include, at a minimum, the

development of a cardiac emergency response plan in accordance

with subsection (e) and the designation of a cardiac emergency

response team in each school building or facility where an

automated external defibrillator has been placed.

(2) The certified emergency response team shall be comprised

in accordance with the following:

(i) At least ten per centum (10%) of the school personnel

located in the same school building or facility as an automated

external defibrillator who are certified in cardiopulmonary

resuscitation and the use of an automated external

defibrillator, with a minimum of at least two (2) persons, shall

be on the certified emergency response team. The members shall

attain and renew their certifications every two years through

the American Health Association, American Red Cross or an

equivalent course of instruction approved by the Department of

Health. The school entity shall document and make available to

the public a record of each member with the date certified, and

renewed if applicable, at the school entity building or facility

where each member is designated. The school entity shall ensure

that an employe certified to use an automated external

defibrillator is located in a school building or facility when

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the school building or facility is in use for educational

purposes or school-sponsored activities.

(ii) Any other employe or person the school entity deems

essential to implement the cardiac emergency response plan,

provide insight to defects found in the cardiac emergency

response plan and respond to critical incidents related to

cardiac emergencies.

(e) A school entity shall establish a cardiac emergency

response plan and designate a cardiac emergency response plan

site coordinator. The following shall apply:

(1) The school entity shall establish the cardiac emergency

response plan in accordance with recommendations by the American

Health Association on the effective date of this section and

update the plan as the school entity deems necessary. The school

entity shall provide a copy of the cardiac emergency response

plan to the principal with a signed receipt and post the cardiac

emergency response plan on the school entity's publicly

accessible Internet website.

(2) The cardiac emergency response plan site coordinator

shall assist the school entity with adapting to the school

entity's needs regarding the cardiac emergency response plan,

including a checklist of criteria and procedures. The cardiac

emergency response plan site coordinator shall also have the

following duties:

(i) Annually review the cardiac emergency response plan and

submit the findings of the review to the school entity.

(ii) Designate members of the cardiac emergency response

team in accordance with subsection (d).

(iii) Annually verify the certification of cardiac emergency

response team members and maintain a database of the certified

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status of the members in accordance with subsection (d).

(iv) Provide cardiac emergency response team members with

information regarding the availability of courses for obtaining

or maintaining certified status in accordance with subsection

(d).

(v) Plan and schedule a cardiac emergency response drill for

the cardiac emergency response team members at least once during

the school year. The drill for cardiac emergency response team

members shall adhere to the plan and can be scheduled during

instructional or professional development time.

(vi) Prepare and submit to the school entity a summary with

recommendations after each cardiac emergency response drill.

(vii) Perform inspections and reports as required under this

section.

(viii) Maintain records, reports or summary and findings

required under this section.

(f) Nothing in this section shall be construed to prohibit a

school entity from placing more than one automated external

defibrillator in a school building or facility.

(g) If a school building or facility is not required to have

an automated external defibrillator and the school entity does

not place an automated external defibrillator on every floor of

the school building or facility, but has at least one automated

external defibrillator centrally located, the school entity

shall ensure that the building, facility or floor without an

automated external defibrillator has clear and visible signage

and directional arrows to the location of the automated external

defibrillator in a separate building, facility or floor.

(h) The attendance of emergency medical services at school

during school-sponsored activities shall not serve as a

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substitute for any requirement under this section.

(i) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection:

"Athletic activity." Any of the following:

(1) Interscholastic athletics as defined in section 1602-A.

(2) An athletic contest or competition, other than

interscholastic athletics, that is sponsored by or associated

with a school entity, including cheerleading, club-sponsored

sports activities or sports activities sponsored by school-

affiliated organizations.

(3) Noncompetitive cheerleading that is sponsored by or

associated with a school entity.

(4) Practices, interschool practices and scrimmages for an

activity listed under clause (1), (2) or (3).

"Automated external defibrillator." As

defined in section

1423(l).

"Automated external defibrillator system." An automated

external defibrillator and accessories necessary for the

automated external defibrillator to detect and interpret an

electrocardiogram and deliver an electrical shock, including,

but not limited to, a battery, pad electrode, adapter and

hardware key for pediatric use.

"School building or facility." A building or facility owned

by or under the control

of a school entity or, in the case of a

cyber charter school at each location under its jurisdiction,

where classes are taught or extracurricular

activities are

conducted on a regular basis.

"School entity." A school district, intermediate unit, area

career and technical school, charter school, cyber charter

school, regional charter school or multiple charter school

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organization.

"School-sponsored activities." Assemblies, graduation

ceremonies, athletic activities, extracurricular activities,

clubs,

groups, teams or any activities sponsored, held or

approved by

the school entity whether held during normal school

hours or

otherwise.

Section 2. Section 1423 heading, (a), (b), (c)(1) and (3),

(d), (g), (g.1), (g.2), (i), (i.1), (i.2), (j) and (l) of the

act are amended and the section is amended by adding a

subsection to read:

Section 1423. [Automatic] Automated External

Defibrillators.--(a) The department shall establish an

[automatic] automated external defibrillator program to assist

school entities and nonpublic schools in making [automatic]

automated external defibrillators available in school buildings

and facilities.

(b) On a biennial basis, the department, in consultation

with the Department of General Services and the Department of

Health, shall issue an invitation to bid for the cost of

[automatic] automated external defibrillators and other

equipment and supplies necessary for the proper operation of the

device. The department shall accept the bid of the lowest

responsible bidder and permit any school entity or nonpublic

school to purchase the devices at the contract bid price. The

department may purchase [automatic] automated external

defibrillators from any funds appropriated pursuant to

subsection (k) and, in the absence of funds appropriated

pursuant to subsection (k), from funds

appropriated to the

department for distribution to school entities and nonpublic

schools.

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automated external defibrillators under the program a school

entity or nonpublic school must:

(1) Assure that [two (2) or more persons] at least ten per

centum (10%) of the school personnel, with a minimum of at least

two (2) persons, assigned to the location where the [automatic]

automated external defibrillator will be primarily housed are

trained as required in subsection (d).

* * *

[(3) Submit a valid prescription for the device from a

licensed medical practitioner in this Commonwealth.]

* * *

(d) School personnel who are expected to use the [automatic]

automated external defibrillator shall complete training in

cardiopulmonary resuscitation and in the use of an [automatic]

automated external defibrillator provided by the American Heart

Association, the American Red Cross or through an equivalent

course of instruction approved by the Department of Health.

* * *

(g) From funds appropriated for this purpose, or in the

absence of funds appropriated for this purpose, from funds

appropriated to the department, the department may assist school

entities and nonpublic schools that are not equipped with

[automatic] automated external defibrillators by providing a

discount from the contract bid price obtained under subsection

(b) or by providing [automatic] automated external

defibrillators obtained under subsection (b).

(g.1) The purchase of an [automatic] automated external

defibrillator shall be considered an allowable use of

Pennsylvania Accountability Grants under section 2599.2(b).

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(g.2) The purchase of [automatic] automated external

defibrillators shall be considered an innovative educational

program under Article XVII-F of the act of March 4, 1971 (P.L.6,

No.2), known as the "Tax Reform Code of 1971."

* * *

(i) The following apply:

(1) Not later than June 30, 2014, and each year thereafter,

each school entity shall make a report to the department

detailing the number, condition, age and placement of

[automatic] automated external defibrillators in each school

building. [After the initial report is made, a school entity may

report this information as part of the annual report required by

the Commonwealth under section 2505.1 to receive State

reimbursement for health services.]

(2) Within three months of the effective date of this

paragraph, and in each year a school entity removes or obtains

an automated external defibrillator, the school entity shall

make a report on a form developed by

the department under

subsection (j.1), to the department detailing the automated

external defibrillators in each school building or facility. The

report shall include the following information:

(i) The serial number.

(ii) The d ate of purchase.

(iii) The d ate of warranty expiration.

(iv) The d ate of battery expiration.

(v) The date of pads expiration.

(vi) The precise location with identifying physical

attribute markers in the vicinity.

(vii) The total number of automated external defibrillators

at the school entity.

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(3) Beginning with the 2023-2024 school year and each school

year thereafter, a school entity shall make an annual report to

the department with any date or information deemed necessary by

the

department, including the following:

(i) The total number of automated external defibrillators at

the school entity.

(ii) The number of school buildings or facilities of the

school entity that are equipped with automated external

defibrillators.

(iii) The number of school buildings or facilities of the

school entity that are not equipped with automated external

defibrillators and an explanation for noncompliance with section

743.

(iv) The number of school personnel certified to use an

automated external defibrillator by the school entity.

(v) The number of inspections conducted and findings by the

school

entity under section 743.

(vi) The expiration date of the warranty provided by the

manufacturer of each automated external defibrillator

used by

the school entity.

(vii) The expiration date of each automated external

defibrillator battery and pads.

(viii) The number of times each automated external

defibrillator was used for its intended purpose by the school

entity.

(ix) The precise location of each automated external

defibrillator with identifying physical attribute markers in the

vicinity.

(4) After the initial report to the department is made, a

school entity may report the information required under this

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subsection as part of the annual report required by the

Commonwealth to receive State reimbursement for health services

under section 2505.1.

(i.1) A nonpublic school that participates in the

[automatic] automated external defibrillator program under

subsection (b) or (g) shall be subject to the reporting required

under subsection (i).

(i.2) The department shall annually publish a report on its

publicly accessible Internet website no later than December 31,

2014, and each year thereafter. The report shall contain the

following information:

(1) The total number of [automatic] automated external

defibrillators [by] at the school entity [and] or nonpublic

school.

(2) The number of school buildings and facilities by the

school entity [and] or nonpublic school that are equipped with

[automatic] automated external defibrillators.

(3) The number of school buildings and facilities by the

school entity [and] or nonpublic school that are not equipped

with [automatic] automated external defibrillators.

(4) The number of school personnel trained to use automated

external defibrillators by the school entity or nonpublic

school.

(5) The number of inspections conducted and findings by the

school

entity or nonpublic school required under section 743.

(6) The expiration date of the warranty provided by the

manufacturer of each automated external defibrillator

used by

the school entity or nonpublic school.

(7) The expiration date of each automated external

defibrillator battery and pads.

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(8) The number of times each automated external

defibrillator was used for its

intended purpose by the school

entity or nonpublic school.

(9) The precise location each automated external

defibrillator with identifying physical attribute markers in the

vicinity.

(10) Any other information required by the department.

[(j) The department may adopt guidelines as necessary to

administer this section.]

(j.1) Within six months of the effective

date of this

subsection, the department shall develop a

standardized form or

use a form developed by the National AED Registry for a school

entity to complete for the

purpose of submitting to the

department data and information

required under this section,

test schedules, inspections and t

est findings required under

section 743 for each automated external defibrillator placed in

the school entity's school buildings or facilities and any other

data and information deemed necessary by the department. The

department shall, in consultation with the

Department of Health,

adopt guidelines based on best practices and industry standards

relating to automated external d

efibrillator use and programs

and any other necessary guidelines to administer this section.

The guidelines shall be posted on the department's publicly

accessible Internet website and shall be provided to a school

entity or nonpublic school on request.

* * *

(l) As used in this section--

"[Automatic] Automated external defibrillator" means a

portable device that uses electric shock to restore a stable

heart rhythm to an individual in cardiac arrest.

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"Department" means the Department of Education of the

Commonwealth.

"Nonpublic school" means a nonprofit school, other than a

public school within this Commonwealth, wherein a resident of

this Commonwealth may legally fulfill the compulsory school

attendance requirements of this act and which meets the

applicable requirements of Title VI of the Civil Rights Act of

1964 (Public Law 88-352, 78 Stat. 241).

["School building" means a building owned by or under the

control of a school entity or nonpublic school where classes are

taught or extracurricular activities are conducted on a regular

basis.]

"School building or facility " means a building or facility

o wned by or under the control of a school entity or nonpublic

school where classes are taught or school-sponsored activities,

athletic or otherwise, are conducted on a regular basis,

including a field used for organized athletic events or

competitions.

"School-sponsored activities" means assemblies, graduation

ceremonies, athletics, extracurricular activities, clubs,

groups, teams or any activities sponsored, held or approved by

the school entity or nonpublic school, whether held during

normal school hours or

otherwise.

"School entity" means an area career and technical school, a

charter school, a cyber charter school, an intermediate unit or

a school district.

"Secretary" means the Secretary of Education of the

Commonwealth.

Section 3. Sections 1732-A(a) and 1749-A(a)(1) of the act

are amended to read:

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Section 1732-A. Provisions Applicable to Charter Schools.--

(a) Charter schools shall be subject to the following:

Sections 108, 110, 111, 321, 325, 326, 327, 431, 436, 443,

510, 518, 527, 708, 736, 737, 738, 739, 740, 741, 743, 752, 753,

755, 771, 776, 777, 808, 809, 810, 1109, 1111, 1112(a), 1301,

1310, 1317, 1317.1, 1317.2, 1318, 1326, 1327, 1327.2, 1329,

1330, 1332, 1333, 1333.1, 1333.2, 1333.3, 1303-A, 1513, 1517,

1518, 1521, 1523, 1531, 1547, 2014-A, Article XIII-A and Article

XIV.

Act of July 17, 1961 (P.L.776, No.341), known as the

"Pennsylvania Fair Educational Opportunities Act."

Act of July 19, 1965 (P.L.215, No.116), entitled "An act

providing for the use of eye protective devices by persons

engaged in hazardous activities or exposed to known dangers in

schools, colleges and universities."

Section 4 of the act of January 25, 1966 (1965 P.L.1546,

No.541), entitled "An act providing scholarships and providing

funds to secure Federal funds for qualified students of the

Commonwealth of Pennsylvania who need financial assistance to

attend postsecondary institutions of higher learning, making an

appropriation, and providing for the administration of this

act."

Act of July 12, 1972 (P.L.765, No.181), entitled "An act

relating to drugs and alcohol and their abuse, providing for

projects and programs and grants to educational agencies, other

public or private agencies, institutions or organizations."

Act of December 15, 1986 (P.L.1595, No.175), known as the

"Antihazing Law."

* * *

Section 1749-A. Applicability of other provisions of this act

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and of other acts and regulations.

(a) General requirements.--Cyber charter schools shall be

subject to the following:

(1) Sections 108, 110, 111, 321, 325, 326, 327, 431,

436, 443, 510, 518, 527, 708, 743, 752, 753, 755, 771, 776,

777, 808, 809, 810, 1109, 1111, 1112(a), 1205.1, 1205.2,

1301, 1302, 1310, 1317.2, 1318, 1326, 1327, 1327.2, 1329,

1330, 1332, 1333, 1333.1, 1333.2, 1333.3, 1303-A, 1518, 1521,

1523, 1531, 1547, 1702-A, 1703-A, 1714-A, 1715-A, 1716-A,

1716.1-A, 1719-A, 1721-A, 1722-A, 1723-A(a) and (b), 1724-A,

1725-A, 1727-A, 1729-A, 1730-A, 1731-A(a)(1) and (b) and

2014-A and Articles XII-A, XIII-A and XIV.

* * *

Section 4. This act shall take effect in 60 days.

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