New Mandatory Incident-Notification Requirements Under 24 P.S. § 13-1303.2-A — Effective January 5, 2026

Overview of Change in the Law 

Pennsylvania has added a new section to the Public School Code of 1949 (hereinafter the “Code”), §1303.2-A (effective January 5, 2026), requiring all school entities, nonpublic schools, and private schools to notify parents, guardians, and school employees when an incident occurs involving the possession of a weapon on school property. 

Under the statute, a school must issue notice when the possession of a weapon violates any of the following: 

• Section 1317.2 of the Code (applies only to students); 

• 18 Pa.C.S. § 912 relating to criminal possession of a weapon on school property (applies to any person); or 

• the school’s own locally established weapons policies. 

This represents a substantial expansion of mandatory reporting obligations and applies to state-licensed private academic schools and other nonpublic schools operating within Pennsylvania. 

The new §1303.2-A does not alter a school’s existing duty to report weapon incidents to law enforcement before issuing notifications under this statute. Instead, the new law functions as an additional communication obligation layered atop existing safety, discipline, and emergency-response frameworks. 

What Counts as a Weapon? 

The new law does not include its own stand-alone definition of “weapon.” Instead, it incorporates the definitions used in § 1317.2 and § 912, both of which contain an identical and very broad definition. Under that definition, a “weapon” is defined to include any 

knife, cutting instrument, cutting tool, nunchaku, firearm, shotgun, rifle, and any other tool, instrument, or implement capable of inflicting serious bodily injury. 

This definition is intentionally expansive and extends beyond traditional weapons to include many everyday tools—such as utility blades, craft knives, metal tools, or other implements—if capable of inflicting serious bodily injury. Schools should understand this breadth when evaluating whether an event involving an object constitutes a reportable weapon-possession incident under the new section. 

Accordingly, a student found in possession of a 3–4 inch pocketknife on school grounds is engaged in a reportable weapon-possession incident. However, the analysis differs when the possessor is a non-student. For example, a contractor, parent, or maintenance worker who possesses the same type of tool as part of their trade is not automatically committing a violation; the question is whether the possession violates § 912 or the school’s weapons policy. § 912 applies to “any person,” but it contains exceptions for “other lawful purposes.” Schools therefore must evaluate weapon possession by adults or visitors based on their own policy language and contextual purpose. 

The Law Does Not Define “Incident” 

The term “incident” is not defined in Section 1303.2-A or elsewhere in the Public School Code. Instead, the Code uses the term contextually, often in connection with events that would qualify as criminal conduct. 

For example, § 1319-B requires school administrators to compile a list of “incidents involving conduct that constitutes a criminal offense.” Section 1307-A requires all schools to maintain records of incidents of violence and weapon possession. Section 1302 requires the Department of Education to coordinate a statewide reporting form for “incidents involving acts of violence and possession of weapons on school property.” The consistent pattern is that an “incident” refers to an occurrence involving conduct that is either criminal in nature or expressly prohibited under the Code or under a school’s local policies. 

Given the broad statutory definition of “weapon,” and because many ordinary tools can qualify as weapons when misused, schools must pay careful attention to both the object involved and the individual’s intent or manner of possession. 

For purposes of consistency and risk management, an “incident” under § 1303.2-A is best interpreted as: 

1. any occurrence on school property involving the possession of a defined weapon—such as a firearm, knife, or other implement listed in § 1317.2 or § 912—when the possession violates those statutes or the school’s weapons policy, or; 

2. any occurrence involving violence or an attempt at violence using a defined weapon or any tool, instrument, or implement capable of inflicting serious bodily injury. 

Because the term is open-ended, schools should adopt an internal working definition to ensure consistent reporting and documentation. 

Notification Requirements (who must be notified and when) 

Unless circumstances necessitate otherwise, schools must provide notification within twenty-four (24) hours of the incident, using a method reasonably likely to reach parents, guardians, and school employees. 

When the incident occurs within a specific school building, notification may be limited to the families and staff associated with that building. When buildings share a common campus, notification must be extended to all buildings located on that shared campus. 

When an incident occurs during a school-sponsored activity or while traveling to or from such an activity, the school must take steps to ensure the appropriate population receives notice, unless the event is not directly related to the activity or the individuals participating. 

The statute incorporates FERPA limitations. Except in narrow circumstances—specifically, notifying the parent or guardian of the student who possessed the weapon or notifying a school employee who has a legitimate educational interest—general notifications may not contain personally identifiable student information. 

Implementation Guidance 

Schools should review and update their weapons policies, administrative procedures, and emergency-response plans to reflect these new notification requirements. We recommend clarifying the definition of “incident,” aligning local weapons policies with the statutory definition, preparing FERPA-compliant notification templates, and training building administrators to ensure that decisions regarding notification are made consistently and within the required timeframe. 

As always, we are available to assist with policy revisions, notification templates, staff training materials, or review of your current procedures to ensure compliance with the Code and this new provision, § 1303.2-A. 

PENNSYLVANIA ANNUAL REPORT REQUIREMENT

In November 2022, Governor Tom Wolf signed legislation providing a long-awaited update to Pennsylvania’s Business Corporation Law, often referred to as the “BCL.” These changes became effective January 2, 2023. 

The BCL contains the statutory basis for the formation and administration of business entities, such as profit and nonprofit corporations, limited partnerships, and limited liability companies. While this legislation amended the BCL in several respects, one aspect in particular will have a wide range of implications for all of our banking, business, and nonprofit clients: the establishment of annual reporting requirements. 

For our friends in other jurisdictions, this is nothing new; Pennsylvania is the last state to adopt such a requirement. Here is a snapshot: 

Annual Reports 

Who has to file? All entities that were formed by a filing with the Pennsylvania Department of State, and entities that were formed in another state and then registered to do business in Pennsylvania. This includes profit and non-profit corporations, limited liability companies, and limited partnerships. 

What to file? The Annual Report must contain: 

1. entity name and jurisdiction of formation; 

2. the address of its registered office; 

3. the name of at least one governor (The person in charge, such as a director); 

4. the names and titles of the principal officers, if applicable; 

5. the address of its principal office, including street and number, if any, wherever located; and 

6. its entity number or similar identifier issued by the department. 

How to file? Online filing may be completed by: 

1. If you are a new user, Registering an account for Business Filing Services (BFS) at https://corporations.pa.gov/. 

2. Visiting the Department of State website at https://file.dos.pa.gov/, logging in, and searching for your company name under "Business Search." 

3. Clicking on the icon for Annual Report. No PIN access is required to file an Annual Report. 

4. Completing the Annual Report form online and paying by credit card. 

5. After the Annual Report is processed, the Form and Acknowledgement Letter will be available for immediate download. You also will receive an email with instructions on how to log into the BFS portal to retrieve your filed document under "My Work Queue." 

Reports submitted online will be automatically approved. Once filed, your Annual Report will be a public record. 

Is there a fee? Currently $7.00, which is waived for nonprofit corporations. 

When to file? Starting in January 2024, the following schedule will be in effect: 

July 1: All Corporations 

October 1: All LLCs 

December 31: All other entities 

What if we don’t file? Starting in 2027, the Department of State may initiate dissolution or cancellation proceedings. Non-complying entities will not be issued subsistence certificates, and entities could lose their limited liability protection, and the rights to their names (!), all of which could pose serious issues for entities and their lenders, and cause problems when it comes time for lawyers to issue opinion letters, which are required in a wide array of transactions, especially in commercial lending. 

The Department must provide notice of non-compliance. This will be sent to the entity address of record. This would be a good time to make sure your address is current with the Department of State, and that your internal organizational documents are up-to-date and in good order. 

In summary, these requirements should be added to your annual calendar. While compliance should be relatively straightforward, the penalties for a failure to file could result in exposure to liability, place a borrower into default with its lender, or derail a transaction where time is of the essence. 

As always, we are here to assist you; let us know of any questions! Call us or email me at sfleck@fekmlaw.com.