Regular Session 2019-2020 Senate Bill 0729 P.N. 0907

PRINTER'S NO. 907

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

729

Session of

2019

INTRODUCED BY COSTA, HUGHES, FONTANA, FARNESE, BLAKE,

LANGERHOLC, SANTARSIERO, BREWSTER AND SCHWANK, JUNE 7, 2019

REFERRED TO EDUCATION, JUNE 7, 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 school safety and security,

further providing for School Safety and Security Grant

Program and for school safety and security training;

providing for threat assessment; and, in school health

services, further providing for confidentiality, transference

and removal of health records.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1306-B(j) of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949, is

amended by adding a paragraph to read:

Section 1306-B. School Safety and Security Grant Program.

* * *

(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.

* * *

Section 2. Section 1310-B(1) of the act, added June 22, 2018

(P.L.327, No.44), is amended to read:

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:

(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.

(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.

* * *

Section 2. 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:

"Chief school administrator." A superintendent of a school

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district, executive director of an intermediate unit,

administrative director of an area vocational-technical school

or chief executive officer of a charter school, regional charter

school or cyber charter school.

"County agency." The term includes, but is not limited to, a

county children and youth agency, drug and alcohol service

agency, mental health agency or other human or social services

agency.

"Law enforcement." An officer or representative from the

Pennsylvania State Police, the police department of a city,

borough, incorporated town or township or a district attorney's

office.

"Mental health agency." The term includes, but is not

limited to, a state, county or local mental health service

provider, crisis intervention center or psychiatric hospital.

The term includes a private service provider which has

contracted with a State, county or local government to act as a

mental health agency.

"Public school entity." A school district, intermediate

unit, area vocational-technical school, charter school, regional

charter school or cyber charter school.

"Safe2Say Program." The Safe2Say Program established under

Article XIII-D.

"School security." A school police officer, school resource

officer or school security officer appointed or employed under

Article XIII-C.

"Student assistance program." As defined in 22 Pa. Code §

12.16 (relating to definitions).

"Threat assessment team" or "team." A threat assessment team

established by a public school entity under section 1302-E(a).

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Section 1302-E. Threat assessment teams.

(a) Duties of public school entities and chief school

administrators.--The following shall apply:

(1) Each public school entity shall establish at least

one threat assessment 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 shall:

(i) Appoint the members of the threat assessment

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

threat assessment 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, parents and guardians are

informed of the existence and purpose of the threat

assessment team. The information shall be posted on the

public 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 which shall include:

(A) A verification that the public school entity

is in compliance with this article.

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(B) The number and composition of established

threat assessment teams.

public school entity.

(D) A summary of interactions with outside law

enforcement, juvenile probation and mental health

service providers.

(E) An assessment of the operation of the school

entity's threat assessment teams.

(F) Recommendations for improvement of the

school entity's threat assessment processes.

(G) Any additional information determined by the

chief school administrator or designee.

(b) Threat assessment team requirements.--The following

shall apply to threat assessment 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.

(E) Other school staff or community resources

may serve as regular team members or be consulted

during the threat assessment process, as appropriate,

and as determined by the team. Other school staff or

community resources include, but are not limited to:

(I) School security.

(II) Law enforcement.

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(III) Juvenile probation.

(IV) Mental health professionals.

(ii) Have a designated leader.

(iii) 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.

(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.

the staff members who are appointed to the threat

assessment team and how to report threatening or at-

risk behavior, in addition to reports made under the

Safe2Say program.

(D) Assisting in assessing and responding to

reports received through the Safe2Say Program. Where

a public school entity has only one threat assessment

team, that team may also 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

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or warning signs as provided for under section 1526.

(F) Assessing and making appropriate

determinations and referrals under subsection (c)

based on the information available to the team.

(G) Responding to threats as provided under

subsection (c).

(H) Providing required information to the chief

school administrator or designee to make the report

provided for under subsection (a)(2)(v).

(iv) Ensure parents and guardians are notified as

provided under subsection (c).

(v) 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 or

cultural 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

leader's continuing professional education requirement under

section 1205.5 and the school safety and security training

required under section 1310-B.

(3) A public school entity may satisfy the requirements

of subsection (a)(1) by assigning the duties listed under

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paragraph (1) to an existing team established by the public

school entity.

(4) A threat assessment team established by a public

school entity may serve one or more schools within the public

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) A threat assessment team shall immediately notify

the chief school administrator or a designee and the

student's building principal. The building principal shall

then immediately notify the student's parent or guardian.

(2) Following notification of the parent or guardian,

the threat assessment team may refer the student, as

appropriate, to:

(i) a student assistance program;

(ii) a mental health agency;

(iii) a health care provider for evaluation and

treatment;

(iv) a law enforcement agency;

(v) 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.);

(vi) 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

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(vii) 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) 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 law

enforcement.

(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 public school entity

to refer a student to the student assistance program

without referral by a threat assessment 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 threat assessment 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 public school

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entity under Article XIII-A and 42 Pa.C.S. § 6341(b.1)

(relating to adjudication).

(4) Records of any prior mental health or psychological

evaluations or screenings maintained by the public 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 public

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 threat assessment

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 threat assessment 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),

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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 provided in regulations adopted by

the Department of Health and Human Services relating to the

confidentiality of drug and alcohol treatment records.

(f) Use of records.--The threat assessment team shall use

the information contained in the records obtained under

subsections (d) and (e) in fulfilling the team's duty to

evaluate a threat or the recommended disposition of a threat. No

member of a threat assessment 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 threat assessment team.

(g) Disclosure.--The following shall apply:

(1) Records or documentation developed or maintained by

a threat assessment 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 under subsection (a)(2)(v) shall

not be subject to the "Right-to-Know Law."

(3) Records of a threat assessment team that pertain to

a student shall be considered a part of the student's

educational records and protected under the Family

Educational Rights and Privacy Act of 1974 and other

applicable Federal and State laws and regulations.

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(4) Public school entities shall not be required to

report any data on the functioning of threat assessment teams

other than specifically required under this article.

Section 1303-E. Threat assessment guidelines, training, and

informational materials.

(a) Duties of the School Safety and Security Committee.--No

later than 180 days from the effective date of this section, the

School Safety and Security Committee within the Pennsylvania

Commission on Crime and Delinquency shall:

(1) Research, develop and publish best practices for

implementation of this article and make recommendations to

the Governor and the General Assembly regarding legislative

or regulatory changes necessary to improve threat assessment

in public school entities.

(2) Develop and offer, at no charge to public school

entities, all of the following:

(i) A model training program for members of a threat

assessment teams which may be used and adapted by public

school entities and team members to meet the requirements

of section 1302-E(b)(1)(v).

(ii) A model training program for public school

employees other than members of a threat assessment team,

which may be used and adapted by public 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 public

school entities to meet the requirements of section 1302-

E(a)(2)(iv) and (b)(1)(iii)(A).

(iv) Model informational materials for parents and

school employees that may be used and adapted by public

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school entities to meet the requirements of section 1302-

E(a)(2)(iv) and (b)(1)(iii)(B).

(3) Develop model procedures and guidelines which public

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.

(iii) Provide for flexibility and local decision

making and recognize the differing levels of available

resources in each public school entity.

(iv) Be posted on the Pennsylvania Commission on

Crime and Delinquency's publicly accessible Internet

website.

(4) Annually review the training programs, informational

materials and model procedures and guidelines and make

updates or revisions as necessary.

(5) Notify public school entities when the training

programs, informational materials and model procedures and

guidelines become available or are updated or revised.

(b) Availability of programs.--Model training programs

developed under this section shall be available through the

Internet or other distance communications systems.

Section 1304-E. Grant funding.

Notwithstanding any provision of law to the contrary, a

public school entity shall be eligible to receive grant funding

under section 1302-A or 1306-B for the purpose of implementing

this article.

Section 3. Section 1409 of the act is amended to read:

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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

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 public school entity may

disclose information from health records to appropriate parties

in connection with an emergency if school officials determine

that the totality of the circumstances pertaining to a

particular threat to the health or safety of a student or other

individuals indicates that the information in the health records

is necessary to protect the health or safety of the student or

other individuals.

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 4. The amendment or addition of sections 1310-B(1)

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and 1302-E shall apply beginning in the 2021-2022 school year.

Section 5. This act shall take effect immediately.

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