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House Co-Sponsorship Memoranda
House of Representatives
Session of 2015 - 2016
Regular Session
MEMORANDUM
| Posted: | June 12, 2015 03:33 PM |
|---|---|
| From: | Representative Tina M. Davis |
| To: | All House members |
| Subject: | Protection from abuse for older students |
| In the near future, I will again introduce legislation to amend Title 23 Pa. C.S. (Domestic Relations) by adding a chapter concerned with “older student protection.” Under this new chapter, school administrators and school employees would be required to report suspected cases of abuse involving students 18 years of age or older who suffer from mental illness, an intellectual disability or autism or who have been placed in an individualized education program. As you may know, under the Child Protective Services provisions of Title 23, school employees are mandated reporters and, with no exception, must report instances of alleged abuse of a child under eighteen years of age. There have been instances, however, of abuse allegedly perpetrated against students over the age of 18 who suffer from either mental illness, an intellectual disability or autism; or who are subject to an individualized education program. Consequently, concerns have been voiced as to the existence of laws to protect these students from abuse, and whether school employees are mandated reporters under the Adult Protective Services Act, as administered by the Department of Human Services. The Adult Protective Services Act mandates the reporting and investigation of abuse, exploitation, and intimidation perpetrated, allegedly, against an adult between 18 and 59 years of age to determine the need for protective services, and against an adult who receives care, services or treatment in or from a facility. My legislation would address the above stated concerns by, among other things, requiring school administrators and school employees to report incidents of suspected abuse against students with certain disabilities to the Department of Human Services or, when indicated, to law enforcement. Protecting all students from abuse and exploitation in this Commonwealth, particularly students who may have difficulty understanding the nature of abuse and the reporting of suspected abuse, is of primary importance. Accordingly, I thank you for joining me as a sponsor of this legislative proposal. |
Introduced as HB1873