S0144B0927A02565 AJB:EJH 06/26/19 #90 A02565
AMENDMENTS TO SENATE BILL NO. 144
Sponsor: SENATOR AUMENT
Printer's No. 927
Amend Bill, page 1, line 5, by inserting after "thereto,""
in preliminary provisions, further providing for definitions;
in school directors, further providing for school director
training programs; in intermediate units, providing for
school safety and security enhancements; in certification of
teachers, further providing for continuing professional
development, providing for trauma-informed education and
further providing for postbaccalaureate certification and for
Pennsylvania school leadership standards; in safe schools,
further providing for Office for Safe Schools; in school
safety and security, further providing for definitions, for
School Safety and Security Committee, for survey of school
safety and security, for School Safety and Security Grant
Program, for Risk and Vulnerability Assessment Teams, for
school safety and security coordinator and for school safety
and security training and providing for trauma-informed
approach; in Safe2Say Program, further providing for judicial
proceeding and for annual report; providing for threat
assessment; in school health services, further providing for
confidentiality, transference and removal of health records;
in early learning programs, further providing for duties of
department;
Amend Bill, page 1, line 6, by striking out the period after
"Program" and inserting
; in the State Board of Education, further providing for powers
and duties of the board and for powers and duties of Council
of Basic Education and Council of Higher Education; and
providing for references to area career and technical school
in statute and regulation.
Amend Bill, page 1, lines 9 through 11, by striking out all
of said lines and inserting
Section 1. Section 102 of the act of March 10, 1949 (P.L.30,
No.14), known as the Public School Code of 1949, is amended by
adding definitions to read:
Section 102. Definitions.--When used in this act the
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following words and phrases shall have the following meanings:
* * *
"Trauma." Includes results from an event, series of events
or set of circumstances that is experienced by an individual as
physically or emotionally harmful or threatening and that has
lasting adverse effects on the individual's cognitive
functioning and physical, social, emotional, mental or spiritual
well-being.
"Trauma-informed approach." Includes a school-wide approach
to education and a classroom-based approach to student learning
that recognizes the signs and symptoms of trauma and responds by
fully integrating knowledge about trauma into policies,
professional learning, procedures and practices for the purposes
of recognizing the presence and onset of trauma, resisting the
reoccurrence of trauma and promoting resiliency tailored to a
school entity's culture, climate and demographics and the
community as a whole.
* * *
Section 2. Section 328(a)(1) and (2) and (b)(1) and (2) of
the act are amended to read:
Section 328. School Director Training Programs.--(a)
Beginning in the 2018-2019 school year and in each school year
thereafter, the following shall apply:
(1) Each newly elected or appointed school director shall
complete, during the first year of the school director's first
term, a training program made available by the Department of
Education, in consultation with a Statewide organization
representing school directors and a Statewide organization
representing school business officials, pertaining to the skills
and knowledge necessary to serve as a school director. The
training program shall consist of a minimum of [four (4)] five
(5) hours of instruction, including, at a minimum, information
regarding the following:
(i) Instruction and academic programs.
(i.1) Best practices related to trauma-informed approaches,
which shall comprise a minimum of one (1) hour of instruction.
(ii) Personnel.
(iii) Fiscal management.
(iv) Operations.
(v) Governance.
(vi) Ethics and open meetings, to include the requirements
under 65 Pa.C.S. Pt. II (relating to accountability).
(2) Within one (1) year after each reelection or
reappointment to the board of school directors, each school
director shall complete an advanced training program made
available by the Department of Education in consultation with a
Statewide organization representing school directors and a
Statewide organization representing school business officials.
The advanced training program shall consist of a minimum of [two
(2)] three (3) hours of instruction, including information on
relevant changes to Federal and State public school law and
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regulations, fiscal management, trauma-informed approaches and
other information deemed appropriate by the Department of
Education to enable the school director to serve effectively.
* * *
(b) Beginning in the 2018-2019 school year, and in each
school year thereafter, the following shall apply:
(1) Each newly appointed trustee of a charter school entity
shall complete, within the trustee's first year of service, a
training program made available by the Department of Education,
in consultation with Statewide organizations representing
charter school entities, pertaining to the skills and knowledge
necessary to serve as a charter school entity trustee. The
training program shall consist of a minimum of [four (4)] five
(5) hours of instruction, including, at a minimum, the
information listed in subsection (a)(1) and information
concerning Article XVII-A.
(2) During the fifth year of a trustee's service on the
board of trustees and every four (4) years thereafter, each
trustee shall complete an advanced training program made
available by the Department of Education in consultation with
Statewide organizations representing charter school entities.
The advanced training program shall consist of a minimum of [two
(2)] three (3) hours of instruction, including information on
relevant changes to Federal and State public school law and
regulations, including Article XVII-A, fiscal management,
trauma-informed approaches and other information deemed
appropriate by the Department of Education to enable the trustee
to serve effectively.
* * *
Section 3. The act is amended by adding a section to read:
Section 923.3-A. School Safety and Security Enhancements.--
(a) Legislative Findings; Declaration of Policy. The welfare of
this Commonwealth requires that all school children should be
afforded the opportunity to attend a school that is safe and
secure. It is the intent of the General Assembly to ensure that
all of this Commonwealth's nonpublic schools are afforded
opportunities to provide safety and security enhancements for
their students similar to the opportunities provided to the
public schools.
(b) Definitions. As used in this section:
"Nonpublic school" means any 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
requirements of Title VI of the Civil Rights Act of 1964 (Public
Law 88-352, 78 Stat. 241).
"School safety and security enhancements" means programs
which are designed to address school safety and security and
listed in section 1302-A(c), which are secular and
nonideological in nature.
(c) Program of School Safety and Security Enhancements. A
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program of school security enhancements shall be provided by an
intermediate unit in which a nonpublic school is located, in
accordance with standards developed by the Secretary of
Education in consultation with the Office of Safe Schools and
the Pennsylvania Commission on Crime and Delinquency. Through
the program, an intermediate unit shall make application for
school safety and security enhancements upon the request of a
nonpublic school or combination of nonpublic schools located
within the intermediate unit. School safety and security
enhancements for which grants are received shall be provided for
or contracted for directly by the intermediate unit or loaned by
the intermediate unit to the nonpublic school.
(d) Limitations. In carrying out the duties of this section,
the intermediate unit may not use more than five per centum (5%)
of the funds it receives under this section for grant
administration. If all funds allocated by the intermediate units
for administration are not expended for purposes of this
section, the funds may be used for other program costs.
Section 4. Section 1205.1 of the act is amended by adding a
subsection to read:
Section 1205.1. Continuing Professional Development.--* * *
(b.1) The professional education plan of each school entity
shall include a minimum of one (1) hour of required training in
trauma-informed approaches.
* * *
Section 5. The act is amended by adding a section to read:
Section 1205.7. Trauma-Informed Education.--(a) School
entities shall provide school employes with training on trauma-
informed approaches. The following apply:
(1) Training shall address, but shall not be limited to:
(i) Recognition of the signs of trauma in students.
(ii) Best practices for schools and classrooms regarding
trauma-informed approaches, including utilization of multitiered
systems of support.
(iii) Recognition of the signs of the impact of secondary
trauma on school employes and appropriate resources for school
employes who are experiencing secondary trauma.
(iv) The school entity's policies regarding trauma-informed
approaches.
(v) The school entity's policies regarding connecting
students with appropriate services.
(2) Training shall be on evidence-based or evidence-informed
programs that are tailored to the local community and reflect
current best practices related to trauma-informed approaches.
(3) School employes required to undergo continuing
professional education under section 1205.2 or 1205.5 shall
receive credit toward the school employes' continuing
professional education requirements if the training program has
been approved by the Department of Education.
(4) The school entity shall make a reasonable effort to
facilitate a time and location for school employes under this
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section to participate in the training during paid working hours
or in-service training.
(b) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
"Evidence-based" shall have the meaning given in section
8101(21) of the Every Student Succeeds Act (Public Law 114-95,
129 Stat. 1802).
"School employe" shall have the meaning given to the term
"professional employe" in section 1101(1).
"School entity" shall mean a public school, including a
school district, charter school, cyber charter school, regional
charter school, intermediate unit or area career and technical
school, a private school or a nonpublic school.
Section 6. Section 1207.1(a)(3)(i) of the act is amended by
adding a clause to read:
Section 1207.1. Postbaccalaureate Certification.--(a)
Notwithstanding any other provision of law to the contrary, the
Secretary of Education shall have all of the following powers
and duties with regard to postbaccalaureate certification
programs:
* * *
(3) Develop guidelines for the approval of flexible
postbaccalaureate instructional certification programs. Such
program guidelines shall address:
(i) Instruction and training in the following:
* * *
(H) Trauma-informed approaches.
* * *
Section 7. Section 1217(a)(1) of the act is amended by
adding a subparagraph to read:
Section 1217. Pennsylvania School Leadership Standards.--(a)
Programs provided under section 1205.5(c) and (d) to prepare
school or system leaders and for purposes of issuing
administrator certificates or letters of eligibility and
approved programs for the induction and continuing professional
education of school or system leaders shall address:
(1) The following core standards:
* * *
(iv) Understanding the impact of trauma on a child's
educational experience, the school's culture, climate and
demographics and the community as a whole and applying trauma-
informed approaches to inform decision-making at all levels of
the system.
* * *
Section 8. Section 1302-A(c) introductory paragraph and (e)
of the act, amended June 22, 2018 (P.L.327, No.44), are amended,
subsection (c) is amended by adding a paragraph and the section
is amended by adding a subsection to read:
Section 1302-A. Office for Safe Schools.--* * *
(c) In addition to the powers and duties set forth under
subsection (b), the office is authorized to make targeted grants
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to school entities, and to intermediate units on behalf of
nonpublic schools, to fund programs which address school
violence, including:
* * *
(17) The implementation of Article XIII-E.
* * *
(e) [The] For any fiscal year prior to 2019-2020, the sum
appropriated annually to the Department of Education for the
purpose of making targeted grants under this section shall be
allocated as follows:
(1) Twenty-five percent of the sum shall be allocated for
grants under subsection (c).
(2) Seventy-five percent of the sum shall be allocated for
grants under subsection (c.1).
* * *
(e.2) Beginning in fiscal year 2019-2020, grants awarded
under subsection (c.1) shall not exceed the amount awarded in
fiscal year 2018-2019 under that subsection and no less than
$3,200,000 shall be awarded to intermediate units on behalf of
nonpublic schools under subsection (c).
* * *
Section 9. The definition of "school entity" in section
1301-B of the act, added June 22, 2018 (P.L.327, No.44), is
amended and the section is amended by adding a definition to
read:
Section 1301-B. Definitions.
The following words and phrases when used in this article
shall have the meaning given to them in this section unless the
context clearly indicates otherwise:
* * *
"School entity." A school district, intermediate unit, area
[vocational-technical] career and technical school, charter
school, cyber charter school, regional charter school, approved
private school, chartered school for the education of the deaf
or the blind or private residential rehabilitative institution.
* * *
"State-related institution of higher education." As the term
"State-related institution" is defined in section 1502-A.
Section 10. Section 1302-B(b), added June 22, 2018 (P.L.327,
No.44), is amended to read:
Section 1302-B. School Safety and Security Committee.
* * *
(b) Composition.--The committee shall consist of a
chairperson and the following members:
(1) The Secretary of Education or a designee.
(2) The Attorney General or a designee.
(3) The Commissioner of Pennsylvania State Police or a
designee.
(4) The Director of the Pennsylvania Emergency
Management Agency or a designee.
(5) An individual appointed by the President pro tempore
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of the Senate.
(6) An individual appointed by the Minority Leader of
the Senate.
(7) An individual appointed by the Speaker of the House
of Representatives.
(8) An individual appointed by the Minority Leader of
the House of Representatives.
(9) The chairperson of the commission or a designee.
(10) The Secretary of Human Services or a designee.
(11) A recognized subject matter expert in strategic
security appointed by the Governor from three names submitted
jointly by the President pro tempore of the Senate and the
Speaker of the House of Representatives.
(12) The following members appointed by the Governor:
(i) An individual recommended by the Pennsylvania
Association of School Business Officials with experience
in school safety and security matters.
(ii) An individual recommended by the Pennsylvania
Association of School Administrators with experience in
school safety and security matters.
(iii) An individual member of local law enforcement
recommended by the State Fraternal Order of Police.
(iv) A child psychologist who specializes in mental,
social and emotional development of children recommended
by the Pennsylvania Psychological Association.
(v) A licensed clinical social worker recommended by
the Pennsylvania Society for Clinical Social Work.
(vi) An architect recommended by the American
Institute of Architects of Pennsylvania with experience
in school building safety and security matters.
(vii) An individual who is a subject matter expert
in trauma-informed approaches from a State-related
institution of higher education.
(viii) A school principal recommended by the
Pennsylvania Principals Association with experience in
behavioral health matters.
(ix) A school nurse recommended by the Pennsylvania
State Education Association with experience in behavioral
health matters.
(x) A school director recommended by the
Pennsylvania School Boards Association with experience in
school safety and security matters or behavioral health
matters.
* * *
Section 11. Section 1305-B(e) of the act, added June 22,
2018 (P.L.327, No.44), is amended and the section is amended by
adding a subsection to read:
Section 1305-B. Survey of school safety and security.
* * *
(e) Confidentiality of data.--Any school entity-specific
data collected through the survey instrument by the committee
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and the findings of the committee shall remain confidential and
shall not be subject to the act of February 14, 2008 (P.L.6,
No.3), known as the Right-to-Know Law. The committee may release
aggregate data at its discretion.
(f) Survey administration.--The committee shall administer
the survey instrument established in subsection (a) at a minimum
every two years and may make revisions as needed.
Section 12. Section 1306-B(d), (f), (g), (h)(6), (i) and (l)
of the act, added June 22, 2018 (P.L.327, No.44), are amended,
subsection (j) is amended by adding a paragraph and the section
is amended by adding subsections to read:
Section 1306-B. School Safety and Security Grant Program.
* * *
(d) Supplement and not supplant.--Grant money allocated
through the program shall be used to supplement and not supplant
existing school entity spending on school safety and security.
Nothing shall preclude a school entity from making an
application in a subsequent year for the same purpose and amount
awarded in a prior year.
* * *
(f) Minimum allocation.--Each school district that makes a
meritorious application as prescribed by the committee under
subsection (j) shall receive a minimum grant allocation [of
$25,000 annually.] as follows:
(1) A school district with an average daily membership
greater than 3,900 shall receive a minimum grant allocation
of $45,000.
(2) A school district with an average daily membership
greater than 2,100 but less than or equal to 3,900 shall
receive a minimum grant allocation of $40,000.
(3) A school district with an average daily membership
greater than 1,200 but less than or equal to 2,100 shall
receive a minimum grant allocation of $35,000.
(4) A school district with an average daily membership
of less than or equal to 1,200 shall receive a minimum grant
allocation of $30,000.
(g) [Limitation] Limitations.--
(1) Each school entity may [submit one] make application
annually and no school entity may receive an annual grant
allocation that exceeds [10%] the minimum allocation in
subsection (f) plus $450,000, except a school district of the
first class, which may not receive an annual grant allocation
that exceeds 7% of the funds available under the grant
program[.], and a school district of the first class A, which
may not receive a grant allocation that exceeds 3% of the
funds available under the grant program.
(2) Grant allocations awarded to a cyber charter school
shall be limited to the safety and security needs of students
at facilities where tutoring, testing, supplemental programs
and services or instruction for students with disabilities
occur.
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(g.1) Whole or partial awards.--The committee, in its
discretion, may award in whole or in part a request made by a
school entity in its grant application based upon the merit of a
specific item requested.
(g.2) Sustainability planning.--Sustainability planning is
not a necessary component of an application under this section.
(g.3) Confidentiality.--Information submitted by school
entities as part of the grant application, the disclosure of
which would be reasonably likely to result in a substantial and
demonstrable risk of physical harm or the personal security of
students or staff shall remain confidential and shall not be
subject to the act of February 14, 2008 (P.L.6, No.3), known as
the Right-to-Know Law. The committee may release aggregate data
at its discretion.
(h) School Safety and Security Fund.--
* * *
(6) [Money from the fund shall be allocated for the
purpose of making grants] Grants under this section shall be
awarded no later than [October 31, 2019, and each October 31]
March 1, 2020, and each March 1 thereafter.
* * *
(i) Community violence prevention programs.--
(1) [For the purpose of subsection (j)(22),
municipalities] Municipalities, institutions of higher
education, community-based organizations and other entities
approved by the committee [shall be deemed school entities]
are the only eligible applicants under subsection (j)(22).
(2) (Reserved).
* * *
(j) Specific purposes.--The committee shall provide grants
to school entities for programs that address safety and
security, including:
* * *
(23) The implementation of Article XIII-E.
(j.1) Prioritization of grants.--
(1) The committee may in its discretion utilize the
information obtained from the most recent survey instrument
completed by a school entity under section 1305-B and trends
in applications from the prior year to prioritize the
allocation of grants from among the specific purposes
enumerated in subsection (j).
(2) If the commission chooses to prioritize the
allocation of grants, it shall provide guidance in the
funding announcement detailing the specific purposes
enumerated under subsection (j) which it intends to
prioritize when making grant awards.
(j.2) Training.--The committee shall conduct informational
training for applicants outlining the grant priorities and
completion of applications.
* * *
(l) Audits.--
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(1) The commission may randomly audit and monitor grant
recipients to ensure the appropriate use of grant funds and
compliance with the provisions of subsection (d).
(2) The Auditor General shall not perform audits related
to school safety and security assessments, survey instruments
and grant applications.
Section 13. Section 1307-B(a) and (d) of the act, added June
22, 2018 (P.L.327, No.44), are amended and the section is
amended by adding a subsection to read:
Section 1307-B. Risk and Vulnerability Assessment Teams.
(a) Establishment.--From existing appropriations, no later
than March 31, 2019, the Pennsylvania State Police shall
establish [three] six Risk and Vulnerability Assessment Teams to
operate within [three] six regions geographically designated by
the Pennsylvania State Police in consultation with the
committee. Each Risk and Vulnerability Assessment Team shall be
comprised of no fewer than three troopers.
* * *
(d) Reports.--Each Risk and Vulnerability Assessment Team
shall [annually] report to the committee annually beginning July
15, 2019, and July 15 of each year thereafter, the following:
(1) The school entities where the Risk and Vulnerability
Assessment Team has conducted a school safety and security
assessment.
(2) Critical school entity safety and security needs
identified through safety and security assessments.
(e) Confidentiality of reports.--Reports to the committee
under this subsection shall remain confidential and shall not be
subject to the act of February 14, 2008 (P.L.6, No.3), known as
the Right-to-Know Law.
(f) Reports to Governor and General Assembly.--The
Commissioner of Pennsylvania State Police shall provide a report
to the Governor and the General Assembly no later than July 15,
2019, and July 15 of each year thereafter, detailing the work of
each Risk and Vulnerability Assessment Team. The report shall,
at a minimum, include a description of the geographical regions
served by each Risk and Vulnerability Assessment Team and the
number of risk and vulnerability assessments conducted in total
and by each team during the prior fiscal year. The report, upon
its submission, shall be posted on the home page of the
Pennsylvania State Police's publicly accessible Internet
website.
Section 14. Sections 1309-B(c)(2) and 1310-B of the act,
added June 22, 2018 (P.L.327, No.44), are amended to read:
Section 1309-B. School safety and security coordinator.
* * *
(c) Specific duties.--The school safety and security
coordinator shall:
* * *
(2) Coordinate training and resources for students and
school entity staff in matters relating to situational
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awareness, trauma-informed [education awareness] approaches,
behavioral health awareness, suicide and bullying awareness,
substance abuse awareness and emergency procedures and
training drills, including fire, natural disaster, active
shooter, hostage situation and bomb threat.
* * *
Section 1310-B. School safety and security training.
School entities shall provide their employees with mandatory
training on school safety and security subject to the following
based on the needs of the school entity:
(1) Training shall address any combination of one or
more of the following, based on the needs of the school
entity:
(i) Situational awareness.
(ii) Trauma-informed [education awareness]
approaches.
(iii) Behavioral health awareness.
(iv) Suicide and bullying awareness.
(v) Substance use awareness.
(vi) Emergency training drills, including fire,
natural disaster, active shooter, hostage situation and
bomb threat.
(vii) Identification or recognition of student
behavior that may indicate a threat to the safety of the
student, other students, school employees, school
facilities, the community or others.
(2) Training may be provided through the Internet or
other distance communication systems.
(3) Employees shall complete a minimum of three hours of
training every five years.
(4) Employees required to undergo continuing
professional education under section 1205.2 shall receive
credit toward their continuing professional education
requirements if the training program has been approved by the
department in consultation with the committee.
Section 15. The act is amended by adding a section to read:
Section 1311-B. Trauma-informed approach.
No later than August 31, 2019, the committee shall develop a
model trauma-informed approach plan that shall be used by a
school entity applying for a grant under section 1306-B(j)(21).
The plan must include the following:
(1) Designation of at least one individual who:
(i) is assigned to the school;
(ii) oversees the implementation of the plan,
integrating the coordination of services and professional
development into the school entity's comprehensive plan;
and
(iii) serves as a member of a school's student
assistance program.
(2) Coordination of services among:
(i) the student and the student's family;
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(ii) the school; and
(iii) county-based services, community care
organizations, public health entities, nonprofit youth
service providers, community-based organizations,
organizations that provide before or after-school care
and other similar groups that are located in the
community.
(3) Indication of how coordinated services are provided
based on a trauma-informed approach with an understanding,
recognition and responsiveness to the effects of trauma on
education, absenteeism and school completion, including the
secondary impact of trauma on school employees.
(4) Utilization of evidence-based or evidence-informed
approaches that are tailored to the community to ensure that
data is collected and the effectiveness of the trauma-
informed approaches are determined.
(5) Professional development and support for school
staff which fosters a culture in the school entity and
community that is informed about how to understand, recognize
and respond to trauma and address the impact of trauma on
students as a secondary impact on school employees.
Section 16. Sections 1306-D(a), (b) and (c) and 1307-D(b)(5)
of the act, added June 22, 2018 (P.L.327, No.44), are amended to
read:
Section 1306-D. Judicial proceeding.
(a) [General rule.--] Protection of records.--
(1) A person implementing, operating or working for the
program may not be compelled to produce a record except
pursuant to a court order.
(2) The Commonwealth [or a criminal defendant] may file
a motion or an application for a search warrant and an
authorization with the court for release of the record. The
motion or an application for a search warrant and an
authorization shall be accompanied by an affidavit
establishing why the record should be produced.
(3) A criminal defendant may file a motion with the
court for release of the record. The motion shall be
accompanied by an affidavit establishing why the record
should be produced.
(4) A copy of any application or motion filed under this
section shall be served on the Office of Attorney General.
(b) In camera review.--[Upon the Commonwealth's or criminal
defendant's motion under subsection (a), the] The court [shall]
may conduct an in camera review of the record requested to be
produced under the motion of the Commonwealth or a criminal
defendant.
(c) Decision by court.--[After a review of the record under
subsection (b), if] If the court determines that the record
requested under subsection (a) should be released, the court
[may] shall order the record to be produced [to the Commonwealth
and criminal defendant pursuant to a protective order that
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includes:]. The court's order may require:
(1) the redaction of the identity of the individual who
made the report; and
(2) limitations, if any, on the use of the materials.
* * *
Section 1307-D. Annual report.
* * *
(b) Contents of report.--The report shall, at a minimum,
include:
* * *
(5) A breakdown of [the report by school entity] reports
by intermediate units utilizing only aggregate data.
* * *
Section 17. The act is amended by adding an article to read:
ARTICLE XIII-E
THREAT ASSESSMENT
Section 1301-E. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Behavioral service providers." The term includes, but is
not limited to, a State, county or local behavioral health
service provider, crisis intervention center or psychiatric
hospital. The term includes a private service provider which
contracts with a State, county or local government to act as a
behavioral health agency.
"Chief school administrator." A superintendent of a school
district, executive director of an intermediate unit,
administrative director of an area career and technical school
or chief executive officer of a charter school, regional charter
school or cyber charter school.
"Committee." The School Safety and Security Committee
established under section 1302-B.
"County agency." The term includes, but is not limited to, a
county children and youth agency, drug and alcohol service
agency, behavioral or mental health agency or other human or
social services agency.
"Law enforcement agency." As defined in section 1302-D.
"Safe2Say Program." The Safe2Say Program established under
Article XIII-D.
"School entity." A school district, intermediate unit, area
career and technical school, charter school, regional charter
school or cyber charter school.
"School security personnel." A school police officer, school
resource officer or school security guard appointed or employed
under Article XIII-C.
"Student assistance program." As defined in 22 Pa. Code §
12.16 (relating to definitions).
"Team." A threat assessment team established by a school
entity under section 1302-E(a).
Section 1302-E. Threat assessment teams.
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(a) Duties of school entities and chief school
administrators.--The following shall apply:
(1) Each school entity shall establish at least one team
as provided under subsection (b) for the assessment of and
intervention with students whose behavior may indicate a
threat to the safety of the student, other students, school
employees, school facilities, the community or others.
(2) Each chief school administrator or a designee, after
consultation with the school entity's safety and security
coordinator, shall:
(i) Appoint the members of the team and designate a
member to serve as team leader.
(ii) Ensure and establish procedures for the
implementation of this section.
(iii) Facilitate opportunities for members of the
team to complete group or individual training consistent
with nationally recognized best practices during paid
working hours or as in-service training.
(iv) Ensure that students, school employees and
parents and guardians are informed of the existence and
purpose of the team. The information under this
subparagraph shall be posted on the school entity's
publicly accessible Internet website.
(v) Annually develop and present to the school
entity's board of directors at an executive session a
report generally outlining the school entity's approach
to threat assessment. The report shall also be submitted
to the school entity's school safety and security
coordinator for inclusion in the required report under
section 1309-B(c)(5) to the committee, which shall
include:
(A) A verification that the school entity is in
compliance with this article.
(B) The number and composition of established
teams.
(C) The total number of threats assessed in the
school entity.
(D) Any additional information determined by the
chief school administrator or designee.
(vi) Annually present to the school entity's board
of directors at an executive session the following:
(A) A summary of interactions with outside law
enforcement, juvenile probation and behavioral
service providers.
(B) An assessment of the operation of the school
entity's teams.
(C) Recommendations for improvement of the
school entity's threat assessment processes.
(D) Any additional information determined by the
chief school administrator or designee.
(b) Team requirements.--The following shall apply to teams
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established under subsection (a):
(1) Each team shall:
(i) Include individuals with expertise in:
(A) School health.
(B) Counseling, school psychology, or social
work.
(C) Special education.
(D) School administration.
(ii) Include:
(A) The school safety and security coordinator
appointed under section 1309-B or a designee.
(B) Other school staff or community resources
who may serve as regular team members or be consulted
during the threat assessment process, as appropriate,
and as determined necessary by the team, including:
(I) School security personnel.
(II) Law enforcement agency representation.
(III) Behavioral health professionals.
(IV) The individual identified by the school
entity to receive reports from the Safe2Say
Program.
(V) An individual who serves on the student
assistance program.
(VI) Juvenile probation professionals.
(iii) Have a designated leader.
(iv) Be responsible, at a minimum, for the
following:
(A) Making age-appropriate informational
materials available to students regarding recognition
of threatening or at-risk behavior that may present a
threat to the student, other students, school
employees, school facilities, the community or others
and how to report their concerns, including through
the Safe2Say Program.
(B) Making informational materials available to
school employees regarding recognition of threatening
or at-risk behavior that may present a threat to the
student, other students, school employees, school
facilities, the community or others and how to report
their concerns, including through the Safe2Say
Program.
(C) Ensuring that school employees are aware of
the staff members who are appointed to the team and
how to report threatening or at-risk behavior,
including through the Safe2Say program.
(D) Assisting in assessing and responding to
reports received through the Safe2Say Program. Where
a school entity has only one team, that team may also
serve as the school entity's team for assessing and
responding to reports received through the Safe2Say
Program.
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(E) Assessing and responding to reports of
students exhibiting self-harm or suicide risk factors
or warning signs as provided for under section 1526.
(F) Assessing, responding and making appropriate
determinations and referrals under subsection (c)
based on the information available to the team. The
team, when appropriate, may coordinate with the
student assistance program.
(G) Providing required information to the chief
school administrator or designee to make the report
provided for under subsection (a)(2)(v).
(v) Ensure that parents and guardians are notified
as provided under subsection (c).
(vi) Undergo training which shall address, at a
minimum, the following:
(A) Responsibilities of team members.
(B) The process of identifying, reporting,
assessing, responding to and intervening with
threats, including identifying and avoiding racial,
cultural or disability bias.
(C) Confidentiality requirements under Federal
and State law.
(2) The training required under this section shall be
credited toward a professional educator's continuing
professional education requirement under section 1205.2, any
staff development requirements for paraprofessionals under 22
Pa. Code § 14.105 (relating to personnel), a school or system
leader's continuing professional education requirement under
section 1205.5 and the school safety and security training
required under section 1310-B.
(3) A school entity may satisfy the requirements of
subsection (a)(1) by assigning the duties listed under
paragraph (1) to an existing team established by the school
entity. For purposes of this paragraph, the existing team
established may include, but is not limited to, the student
assistance program.
(4) A team established by a school entity may serve one
or more schools within the school entity.
(c) Notification and referral.--Upon a preliminary
determination that a student's behavior may indicate a threat to
the safety of the student, other students, school employees,
school facilities, the community or others, the following shall
apply:
(1) The team shall immediately notify the chief school
administrator or a designee, the student's building principal
and the school safety and security coordinator. The building
principal or designee shall then immediately notify the
student's parent or guardian.
(2) Following notification of the parent or guardian,
the team may refer the student, as appropriate, to:
(i) a student assistance program;
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(ii) a law enforcement agency;
(iii) an evaluation under the Individuals with
Disabilities Education Act (Public Law 91-230, 20 U.S.C.
§ 1400 et seq.) or section 504 of the Rehabilitation Act
of 1973 (Public Law 93-112, 29 U.S.C. § 701 et seq.);
(iv) a student's existing individualized education
program team established under the Individuals with
Disabilities Education Act and 22 Pa. Code Ch. 14
(relating to special education services and programs); or
(v) an existing team established to implement a
student's section 504 service agreement established under
section 504 of the Rehabilitation Act of 1973 and 22 Pa.
Code Ch. 15 (relating to protected handicapped students).
(3) A parent or guardian shall provide consent prior to
a team referring a student to:
(i) a behavioral service provider;
(ii) a health care provider; or
(iii) a county agency.
(4) Nothing in this section shall:
(i) Preclude school employees from acting
immediately to address an imminent threat. Imminent
threats and emergencies shall be promptly reported to a
law enforcement agency.
(ii) Limit the responsibilities of school employees
or other mandated reporters to report suspected child
abuse as required by law.
(iii) Limit the authority of a school entity to
refer a student to the student assistance program without
referral by a team, so long as the student's behavior
does not indicate a threat to the safety of the student,
other students, school employees, school facilities, the
community or others.
(d) Access to student information.--In order to carry out
the duties under subsections (b) and (c) and facilitate the
timely assessment of, and intervention with, students whose
behavior may indicate a threat to the safety of the student,
other students, school employees, school facilities, the
community or others, a team shall have access to the following
student information to the extent permissible under Federal law:
(1) Notwithstanding any provision of section 1409 to the
contrary, student health records.
(2) Prior school disciplinary records.
(3) Records or information shared with the school entity
under Article XIII-A and 42 Pa.C.S. § 6341(b.1) (relating to
adjudication).
(4) Records of any prior behavioral or mental health or
psychological evaluations or screenings maintained by the
school entity.
(5) Other records or information that may be relevant to
evaluating a threat or determining treatment or referral
options for a student that are maintained by the school
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entity.
(e) Cooperation of county agency or juvenile probation
department.--Notwithstanding 42 Pa.C.S. § 6352.2 (relating to
interagency information sharing), upon a preliminary
determination that a student's behavior indicates a threat to
the safety of the student, other students, school employees,
school facilities, the community or others, a team may request
that the county agency or juvenile probation department consult
and cooperate with the team in assessing the student who is the
subject of the preliminary determination. The county agency or
juvenile probation department shall comply with the team's
request except as prohibited by the following:
(1) 42 Pa.C.S. § 5944 (relating to confidential
communications to psychiatrists or licensed psychologists).
(2) The act of February 13, 1970 (P.L.19, No.10),
entitled "An act enabling certain minors to consent to
medical, dental and health services, declaring consent
unnecessary under certain circumstances."
(3) The act of July 9, 1976 (P.L.817, No.143), known as
the Mental Health Procedures Act.
(4) The act of November 29, 1990 (P.L.585, No.148),
known as the Confidentiality of HIV-Related Information Act.
(5) Federal law, including the Family Educational Rights
and Privacy Act of 1974 (Public Law 90-247, 20 U.S.C. §
1232g), the Individuals with Disabilities Education Act, the
Health Insurance Portability and Accountability Act of 1996
(Public Law 104-191, 110 Stat. 1936), and the procedures,
limitations and criteria set forth in regulations adopted by
the Department of Health and Human Services relating to the
confidentiality of drug and alcohol treatment records.
(f) Use of information or records.--The team shall use the
information or records obtained under subsection (d) or (e) in
fulfilling the team's duty to evaluate a threat or the
recommended disposition of a threat. No member of a team may
redisclose any record or information obtained under this section
or otherwise use any record of a student beyond the purpose for
which the disclosure was made to the team.
(g) Disclosure.--The following shall apply:
(1) Records or documentation developed or maintained by
a team shall not be subject to the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law.
(2) The report and information presented to the school
entity's board of directors and submitted to the committee
under subsection (a)(2)(v) shall not be subject to the Right-
to-Know Law.
(3) School entities shall not be required to report any
data on the functioning of the team other than specifically
required under this article.
Section 1303-E. Threat assessment guidelines, training and
information materials.
(a) Duties of committee.--No later than 180 days from the
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effective date of this section, the committee shall:
(1) Research, develop and publish best practices in
implementing this article.
(2) Develop and offer, at no charge to school entities
through the Internet or other distance communications
systems, all of the following:
(i) A model training program for members of teams
that may be used and adapted by school entities and team
members to meet the requirements of section 1302-E(b)(1).
(ii) A model training program for school employees,
other than members of teams, that may be used and adapted
by school entities to meet the requirements of section
1310-B(1).
(iii) Model, age-appropriate informational materials
for students that may be used and adapted by school
entities to meet the requirements of section 1302-E(a)(2)
(iv) and (b)(1)(iv)(A).
(iv) Model informational materials for parents and
school employees that may be used and adapted by school
entities to meet the requirements of section 1302-E(a)(2)
(iv) and (b)(1)(iv)(B).
(3) Develop model procedures and guidelines that school
entities may use in implementing this article. The model
procedures and guidelines shall, at a minimum:
(i) Establish standard definitions and terminology.
(ii) Reflect best practices in identifying,
reporting, assessing and responding to threats, including
threats reported through the Safe2Say Program and
coordinating with stakeholders.
(iii) Provide for flexibility and local decision-
making and recognize the differing levels of available
resources in each school entity.
(iv) Be posted on the Pennsylvania Commission on
Crime and Delinquency's publicly accessible Internet
website.
(4) Comply with Federal and State student record
confidentiality laws and regulations.
(5) Provide guidance to teams for communications and
coordination with student assistance program and
individualized education program teams.
(6) Annually review school entity threat assessment
reports and use them when developing the requirements under
this subsection.
(7) Annually review the training programs, informational
materials and model procedures and guidelines and make
updates or revisions as necessary.
(8) Notify school entities when the training programs,
informational materials, model procedures and guidelines
become available or are updated or revised.
Section 18. Section 1409 of the act is amended to read:
Section 1409. Confidentiality, Transference and Removal of
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Health Records.--[All] (a) Except as provided under subsection
(b), all health records established and maintained pursuant to
this act shall be confidential, and their contents shall be
divulged only when necessary for the health of the child or at
the request of the parent or guardian to a physician legally
qualified to practice medicine and surgery or osteopathy or
osteopathic surgery in the Commonwealth.
(b) Notwithstanding any limitation on disclosure provided
under this section or any other law, a school entity may
disclose information from health records to appropriate parties
in connection with an emergency if knowledge of the information
is necessary to protect the health or safety of the student or
other individuals in accordance with the Family Educational
Rights and Privacy Act of 1974 (Public Law 90-247, 20 U.S.C. §
1232g).
(c) In the case of any child of school age who enrolls in
any school, public or private, in any district and who
previously attended school in another district in Pennsylvania,
the district or school wherein the child is newly enrolled shall
request and the district or school where the child previously
attended shall surrender the health record of the child. School
districts, joint school boards or private schools, shall not
destroy a child's health record for a period of at least two
years after the child ceases to be enrolled, but may surrender
such child's health record or portion thereof to his parent or
guardian if the child does not re-enroll in an elementary or
secondary school in Pennsylvania.
Section 19. Section 1513-D of the act is amended by adding a
paragraph to read:
Section 1513-D. Duties of department.
The department shall have the following powers and duties:
* * *
(8) To encourage the integration of trauma-informed
approaches into the program curriculum and the professional
development curriculum of personnel of the eligible provider
who have regular contact with children.
Section 20. The act is amended by adding an article to read:
Amend Bill, page 5, line 21, by striking out all of said line
and inserting
Section 21. Section 2603-B(d)(8) and (9) of the act are
amended and the subsection is amended by adding a clause to
read:
Section 2603-B. Powers and Duties of the Board.--* * *
(d) The board shall also have the authority and duty to:
* * *
(8) adopt policies under which the Secretary of Education
shall approve or disapprove the request of any private
institution of higher education for admission to State-related
or State-aided status, or for eligibility for other State
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financial support; [and]
(9) require the submission of long-range plans from all
public and private institutions of higher education at the times
and in the form requested by the board. Such documents shall be
reviewed by the Council of Higher Education and the board in the
development of a master plan for higher education as provided in
subsection (h) and section 2604-B(c)(1)[.];
(9.1) adopt policies encouraging the inclusion of trauma-
informed approaches in professional education curriculum in all
public and private institutions of higher education in this
Commonwealth issuing degrees to individuals who may desire to
teach in the schools of this Commonwealth; and
* * *
Section 22. Section 2604-B(b)(2)(vii) and (viii) of the act
are amended and subsection (b)(2) is amended by adding a
subclause to read:
Section 2604-B. Powers and Duties of Council of Basic
Education and Council of Higher Education.--* * *
(b) The Council of Basic Education shall have the power, and
its duty shall be to:
* * *
(2) investigate programs, conduct research studies and
formulate policy proposals in all educational areas not within
the purview of higher education, including, but not limited to:
* * *
(vii) the subjects to be taught and the activities to be
conducted in elementary, secondary, adult education and other
schools; [and]
(viii) the qualifications for employment of professional
personnel in the public schools; and
(ix) education and training in trauma-informed approaches.
* * *
Section 23. A reference in statute or regulation to "area
vocational-technical school" shall be deemed a reference to
"area career and technical school."
Section 24. The amendment or addition of sections 1310-B(1)
and 1302-E of the act shall apply beginning in the 2021-2022
school year.
Section 25. This act shall take effect as follows:
(1) The amendment or addition of the following
provisions of the act shall take effect in 60 days:
(i) Section 328(a)(1) and (2) and (b)(1) and (2).
(ii) Section 1205.1(b.1).
(iii) Section 1205.7.
(iv) Section 1207.1(a)(3)(i)(H).
(v) Section 1217(a)(1)(iv).
(2) The addition of Article XV-J of the act shall take
effect in 90 days.
(3) The remainder of this act shall take effect
immediately.
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See A02565 in
the context
of SB0144