Provided 6-17-16 1516 RTKL 0181 PHILADELPHIA SCHOOL DISTRICT Office of School Safety SUBJECT: Directive #5 LEGAL AUTHORITY 1. Authority of School Police Under the Pa. School Code, 24 P.S. §7-778, of 1949, amended as part of Act 30 of 1997: (a) Any school district may apply to any judge of the Court of' Common Pleas of the county within which the school district is situated to appoint such person or persons as the Board of Directors of the School District may designate to act as school police officer for said School District. The judge, upon such application may appoint such person, or so many of them as he may deem proper, to be such school police officer and shall note the fact of such appointment to be entered upon the records of the court. (b) Every policeman so appointed shall, before entering upon the duties of his office, take and subscribe to the oath required by the seventh article of the Constitution, before an alderman or Justice of the Peace or prothonotary. Such oath shall be filed by the Justice of the Peace, Alderman, or Prothonotary among his papers, and a note made upon his docket of the fact of the oath having been taken. (c) Such school police officer so appointed shall severally possess and exercise all the following powers and duties: (1) (2) To enforce the good order in school buildings, on school buses and on school grounds in their respective school districts. For purposes of this paragraph, the term "school bus" shall include vehicles leased by the school district to transport students and vehicles of mass transit used by students to go to and from school when the school police officer is responding to a report of an incident involving a breach of good order or violation of law. To detain individuals until local law enforcement is notified. 1-5 (d) Such school police officer shall, when on duty severally wear a metallic shield or badge with the words "School Police," and the name of the district for which appointed. Such shield shall always be worn in plain view when on duty except when employed as detective. (e) The compensation of such school police officers shall be paid by the school district for which the school police officers are respectively appointed, as may be agreed upon between the board of school directors and the school police officer. (f) When acting within the scope of this section, school police officers shall, at all times, be employees of the school district and shall be entitled to all of the rights and benefits accruing there from. (g) Nothing in this section shall be construed to preclude a school district from employing other security personnel, as the school district deems necessary. Further, 24 PS. §13-1341, as amended on 11/17/95, extends to school police officer the same police powers granted to truancy officers, which includes the power to: Apprehend any child who fails to attend school in compliance with the provisions of this act, or who is incorrigible, insubordinate, or disorderly during attendance in school or on his way to or from school. Totally apart from a school officer's law enforcement powers is a disciplinary authority over students which is derivative from the authority given to teachers, principals and vice principals, by the provisions of 24 P.S. § 131317. Therefore, a school officer may assist a principal or teacher in maintaining custody and control over a student accused of a crime not observed by the officer until police arrive to investigate and/or arrest. The role of school police officers in the investigation and resolution of student violations is subject to the policies and procedures established by the Board and superintendent (see Board Policy, and School Operations Manuals). 2-5 The previously cited statutory provisions dealing with the authority and duties of school police officers do not provide for the carrying of deadly weapons, nor do they create a duty upon these officers concomitant with a municipal police officer in terms of the scope of their jurisdiction. Further, School District policy, while not precluding reasonable self defense, cannot and should not be read to sanction the use of deadly force. Where the prospect of such violence is anticipatable, school police should summon the Philadelphia Police. 03-15-04 Revised 07-12-06 JUNE 2015 BY ORDER OF THE CHIEF SAFETY EXECUTIVE OFFICE of SCHOOL SAFETY 3-5