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PRINTER'S NO. 3492
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2301
Session of
2022
INTRODUCED BY N. NELSON, HOHENSTEIN, GUENST, MADDEN, KINSEY,
STURLA, RABB, SCHLOSSBERG, PARKER, SANCHEZ, HILL-EVANS, DALEY
AND CIRESI, SEPTEMBER 19, 2022
REFERRED TO COMMITTEE ON EDUCATION, SEPTEMBER 19, 2022
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,
providing for trauma-informed records program.
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 a
section to read:
Section 1306.1-B. Trauma-informed records program.
(a) Trauma-informed records program establishment and record
maintenance.--A school district that participates in the School
Safety and Security Grant Program established under section
1306-B may establish a trauma-informed records program. If a
school district opts to establish a trauma-informed records
program, the school district shall maintain electronic records,
overseen by a certified school counselor, in a format developed
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by the Department of Education that includes information
relating to traumatic events and adverse childhood experiences
of a student, including:
(1) Information provided by a county or law enforcement
agency regarding a student.
(2) Information provided by a family-authorized medical
provider regarding a student.
(3) Information concerning in-school incidents regarding
a student that would prompt a call to a law enforcement
agency, behavioral health unit, mobile crisis unit, school
safety program or student support service such as a student
assistance program as defined in 22 Pa. Code § 12.16
(relating to definitions).
(4) Information provided by a behavioral health unit, a
mobile crisis unit, a school safety program or a student
support service such as a student assistance program as
defined in 22 Pa. Code § 12.16.
(5) A statement written by the school's certified school
counselor concerning the overall well-being of the student
that excludes confidential information.
(6) A summary of known triggers for the student that
induce symptoms of post-traumatic stress disorder relating to
previous exposure to trauma that excludes confidential
information provided by a behavioral health unit, mobile
crisis unit, school safety program, student support service
or family-authorized medical provider.
(7) A support plan detailing how a school district will
care for the student regarding the history of traumatic
exposure and overall well-being of the student.
(8) Any information voluntarily given by a parent or
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guardian concerning a student.
(b) Administrator.--In the event a school district does not
have a certified school counselor employed, a school board may
select a currently employed school administrator to oversee the
trauma-informed records. A school administrator selected by the
school board shall undergo educational training relating to
trauma-informed approaches as outlined under section 1205.7 as
well as training relating to record management.
(c) Tiers of information.--The Department of Education, in
developing an electronic format for trauma-informed records,
shall classify information into the following three tiers:
(1) Tier one shall include all aspects of a student's
trauma-informed record, as well as the contact information of
any outside agency that has provided information to a school
district concerning a traumatic event of a student.
(2) Tier two shall only include a summary of traumatic
events with a list of known triggers for a student that
induces post-traumatic stress disorder symptoms relating to
previous trauma exposure that excludes confidential
information, as well as include the support plan for the
student in place by the school district.
(3) Tier three shall only include a brief statement
concerning the overall well-being of a student.
(d) Use.--Information maintained in trauma-informed records
are to be utilized exclusively for assisting:
(1) A school district in developing the trauma-informed
capacity to support the student population.
(2) A school district in developing instructional
approaches under section 1205.7.
(3) School officials as a part of the determination
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process of in-school supports needed for a student.
(e) Confidentiality.--A student's trauma-informed record
shall be considered confidential, and the record content may
only be divulged if considered appropriate by the certified
school counselor or the school administrator responsible for the
maintenance of the records and with parental agreement in some
instances. The following authorities shall have access to
request information within the records:
(1) The parent or guardian of a student for which the
school district has maintained a record.
(2) School officials and professional employees. All
school officials or professional employees must have written
authorization by the certified school counselor or the school
administrator responsible for the maintenance of the records
in order to view a student's trauma-informed record. The
written authorization shall outline to which tier a school
official or professional employee has access. A school
official or professional employee must request access to a
student's record each time they want to access the record.
(3) A family-authorized medical provider. All family-
authorized medical providers must have written authorization
by the student's parent or guardian in order to view a
student's record.
(4) Cooperating county or law enforcement agencies. All
cooperating county and law enforcement agencies must have
written authorization by the student's parent or guardian in
order to view a student's record.
(5) The student for which a record has been maintained.
(f) Transfer.--Whenever a pupil transfers to another grant-
funded school entity or grant-funded nonpublic school under this
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article, a certified copy of the student's trauma-informed
record shall be transmitted to the school entity or nonpublic
school to which the pupil has transferred. The school entity or
nonpublic school to which the student has transferred should
request the record. The sending school entity or nonpublic
school shall have 10 days from receipt of the request to supply
a certified copy of the student's record. The transfer of the
record shall be administered by the school counselors or school
administrator selected by the school boards of the respective
school entities or nonpublic schools.
(g) Retention.--In the event a school district no longer
continues to receive grant funding under this article, or in the
event a pupil no longer attends the school district, the school
shall retain trauma-informed records for no longer than two
years after the discontinuation of funding or disenrollment of
the student. The district shall then destroy all trauma-informed
records maintained by a process promulgated by the Department of
Education.
(h) Record establishment.--A parent or guardian of a student
shall be notified of a trauma-informed record being established
for that student and shall either approve or reject the creation
of a trauma record.
(i) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Trauma." The term 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
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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.
"Traumatic event." The term includes an event or series of
events that causes physical, emotional or psychological harm and
has lasting adverse effects on the individual's cognitive
functioning and physical, social, emotional, mental or spiritual
well-being.
Section 2. This act shall take effect in 60 days.
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