Trial Engrossment of Amendment A02565 to Senate Bill 0144 P.N. 0927, Regular Session 2019-2020

HOUSE AMENDED

A02565

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

144

Session of

2019

INTRODUCED BY MARTIN, AUMENT, COSTA, BROWNE, K. WARD, MENSCH,

BLAKE, FONTANA, J. WARD, REGAN, YUDICHAK, PHILLIPS-HILL AND

BROOKS, MARCH 4, 2019

AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 10, 2019

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 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; providing for the Keystone Telepresence Education

Grant Program.; 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.

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 an

article to read:

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

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)

A02565 - 2 -

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

A02565 - 3 -

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:

A02565 - 4 -

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.

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

A02565 - 5 -

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.

A02565 - 6 -

(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

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

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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:

A02565 - 8 -

Section 1302-A. Office for Safe Schools.--* * *

subsection (b), the office is authorized to make targeted grants

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

A02565 - 9 -

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

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

A02565 - 10 -

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.

A02565 - 11 -

(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

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

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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

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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.

(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

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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.--

(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).

A02565 - 15 -

(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,

A02565 - 16 -

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.

* * *

coordinator shall:

* * *

(2) Coordinate training and resources for students and

school entity staff in matters relating to situational

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

A02565 - 17 -

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:

A02565 - 18 -

(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;

(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.

A02565 - 19 -

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.

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

A02565 - 20 -

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

A02565 - 21 -

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.

(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

A02565 - 22 -

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.

school entity.

(D) Any additional information determined by the

chief school administrator or designee.

A02565 - 23 -

(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.

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

established under subsection (a):

(1) Each team shall:

(i) Include individuals with expertise in:

(A) School health.

(B) Counseling, school psychology, or social

work.

(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.

A02565 - 24 -

(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.

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

A02565 - 25 -

serve as the school entity's team for assessing and

responding to reports received through the Safe2Say

Program.

(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.

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

A02565 - 26 -

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.

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;

(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

A02565 - 27 -

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,

A02565 - 28 -

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

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),

A02565 - 29 -

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.

A02565 - 30 -

(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

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:

A02565 - 31 -

(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

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

A02565 - 32 -

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).

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

A02565 - 33 -

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:

ARTICLE XV-J

KEYSTONE TELEPRESENCE EDUCATION GRANT PROGRAM

Section 1501-J. Scope of article.

This article relates to the Keystone Telepresence Education

Grant Program.

Section 1502-J. 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:

"Department." The Department of Education of the

Commonwealth.

"Grant." A Keystone Telepresence Education Grant authorized

and awarded by the department under the program to intermediate

units in this Commonwealth.

"Homebound student." A student in this Commonwealth who:

(1) is unable to attend school for an extended period as

the result of a serious medical condition, including injuries

from an accident, recovery from a medical procedure, serious

illness or chronic illness; and

(2) satisfies the conditions for receipt of homebound

instruction under 22 Pa. Code § 11.25 (relating to temporary

excusals due to illness or other urgent reasons).

"NONPUBLIC SCHOOL." A NONPROFIT SCHOOL, OTHER THAN A PUBLIC

SCHOOL WITHIN THIS COMMONWEALTH, WHERE A RESIDENT OF THIS

COMMONWEALTH MAY LEGALLY FULFILL THE COMPULSORY SCHOOL

ATTENDANCE REQUIREMENTS OF THIS ACT AND WHICH MEETS THE

A02565 - 34 -

REQUIREMENTS OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (PUBLIC

LAW 88-352, 78 STAT. 241).

"Program." The Keystone Telepresence Education Grant Program

established under section 1503-J(a).

"PUBLIC SCHOOL." A SCHOOL DISTRICT, CHARTER SCHOOL, REGIONAL

CHARTER SCHOOL OR CAREER AND TECHNICAL SCHOOL.

"Secretary." The Secretary of Education of the Commonwealth.

"Telepresence equipment." Available technology that enables

homebound students to participate in daily educational

activities with the students' classmates and teachers, in real-

time, from a remote location. The technology shall include audio

and video capabilities that enable homebound students to

communicate with classmates and teachers.

"Telepresence equipment manufacturer." An entity that

manufactures telepresence equipment for the use of, among other

things, educating homebound students and provides technical

support and training for the equipment.

Section 1503-J. Keystone Telepresence Education Grant Program.

(a) Establishment.--The Keystone Telepresence Education

Grant Program is established for the purpose of awarding grants

to intermediate units for the purchase of telepresence equipment

and related support services for the educational support of

homebound students. The department shall:

(1) Develop guidelines for the purchase of telepresence

equipment and services related to the utilization of the

equipment through the program, including department-approved

telepresence equipment manufacturers.

(2) Determine the form and manner in which an

application for a grant may be filed with the department.

(3) Provide notice of the program to intermediate units.

A02565 - 35 -

(4) Make grant applications available to all

intermediate units along with details relating to the

application process.

(5) Adopt guidelines for the approval of grant

applications.

(b) Eligibility.--Each intermediate unit shall be eligible

for a grant.

by submitting one annual application to the department. The

secretary shall determine in accordance with the guidelines of

the department the amount of a grant award to an intermediate

unit.

(d) Allocation.--To award grants under the program, the

department shall use up to $300,000 annually of undistributed

funds not expended, encumbered or committed from appropriations

for grants and subsidies made to the department to award grants.

The funds shall be transferred by the Secretary of the Budget to

a restricted account as necessary to award grants and, when

transferred, are appropriated to carry out the provisions of

this article.

(e) Limitations.--An intermediate unit may not receive an

annual grant allocation that exceeds 10% of the funds available

under the grant program.

Section 1504-J. Intermediate unit policies.

(a) Telepresence equipment use.--An intermediate unit shall

develop an internal policy for the use of telepresence equipment

and related support services prior to applying for a grant. The

policy shall include guidelines for the process by which public

schools , OR nonpublic schools or other educational entities

within the intermediate unit may request the use of telepresence

A02565 - 36 -

equipment through an intermediate unit.

(b) Dissemination.--An intermediate unit shall, upon

request, provide the policy under subsection (a) to a public

school , OR nonpublic school or other educational entity within

the intermediate unit.

school or other educational entity within an intermediate unit

may request that the intermediate unit modify its policy for the

use of telepresence equipment and related support services to

meet the needs of a homebound student.

Section 1505-J. Use of grants.

(a) Equipment.--An intermediate unit which is awarded a

grant shall use the grant to purchase telepresence equipment.

(b) Service and training.--A grant may be used, in part, to

secure technical support, mechanical support and training

support related to the use of telepresence equipment.

Section 1506-J. Reports.

An intermediate unit which is awarded a grant shall submit to

the department a report detailing all expenditures related to

the use of the grant.

Section 1507-J. Prohibition.

An intermediate unit that purchases telepresence equipment

with a grant may not charge a public school , OR nonpublic school

or other educational entity within the intermediate unit for the

use of the telepresence equipment when the equipment is used to

support the educational needs of a homebound student.

Section 1508-J. Construction.

Nothing in this article shall be construed to require or

create an entitlement to telepresence equipment as a component

of an individualized education plan for any student in this

A02565 - 37 -

Commonwealth.

Section 2. This act shall take effect in 90 days.

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

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.--* * *

A02565 - 38 -

(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.

A02565 - 39 -

(3) The remainder of this act shall take effect

immediately.

A02565 - 40 -