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PRINTER'S NO. 2694
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2110
Session of
2024
INTRODUCED BY N. NELSON, MADDEN, SANCHEZ, PARKER, HILL-EVANS,
KAZEEM, SCHLOSSBERG, CEPEDA-FREYTIZ, DALEY, DONAHUE, GREEN
AND OTTEN, MARCH 14, 2024
REFERRED TO COMMITTEE ON EDUCATION, MARCH 14, 2024
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; and imposing a
penalty.
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
records maintenance.--A school entity 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 entity opts to establish a trauma-informed records
program, the school entity shall maintain electronic records,
overseen by a mental health professional, 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 entity will
care for the student regarding the history of exposure to
trauma and overall well-being of the student. The Department
of Education shall enforce the inclusion of a support plan by
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a school entity that opts to establish a trauma-informed
records program.
(8) Any information voluntarily given by a parent or
guardian concerning a student.
(b) Administrator.--In the event a school entity does not
have a mental health professional 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
entity 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
induce post-traumatic stress disorder symptoms relating to
previous exposure to trauma. The summary shall include the
support plan for the student in place by the school entity
and exclude confidential information.
(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
shall be utilized exclusively for usage purposes such as
assisting:
(1) A school entity in developing a trauma-informed
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approach to support the student population.
(2) A school entity in developing instructional
approaches under section 1205.7.
(3) School officials as a part of the determination
process of in-school supports needed for a student.
(e) Restrictions on use.--Information maintained in a
trauma-informed record shall not be:
(1) used for determining whether or not a student is
admitted to a school, extracurricular activity or institute
of higher education; or
(2) subject to subpoena for a criminal matter or
permitted to be used in a juvenile criminal justice matter.
(f) Confidentiality.--A student's trauma-informed record
shall be confidential and the record content may only be
divulged if considered appropriate by the mental health
professional or the school administrator responsible for the
maintenance of the record 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 entity 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 under
subsection (c) a school official or professional employee has
access. A school official or professional employee must
request access to a student's record each time access to the
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record is required.
(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.
(g) Transfer.--When a student transfers to another grant-
funded school entity or grant-funded nonpublic school under this
article, a certified copy of the student's trauma-informed
record shall be transmitted to the school entity or nonpublic
school to which the student has transferred. The school entity
or nonpublic school to which the student has transferred shall
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.
(h) Retention.--If a school entity no longer receives grant
funding under this article or if a student no longer attends the
school entity, the school entity shall retain trauma-informed
records for no longer than two years after the discontinuation
of funding or disenrollment of the student. A school entity
shall destroy all trauma-informed records maintained by a school
entity in accordance with regulations promulgated by the
Department of Education two years after the discontinuation of
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funding or disenrollment of the student.
(i) 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-informed record.
(j) Penalty.--Any individual who discloses a record deemed
confidential under this section, unless the individual is
authorized by this section, commits a misdemeanor of the third
degree.
(k) 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:
"Post-traumatic stress disorder." As defined in the
Diagnostic and Statistical Manual of Mental Disorders, 5th
Edition: DSM-5, 2013, published by the American Psychiatric
Association.
"Support plan." A detailed written document that specifies
the support services that are to be developed and provided to
the student, including information on the following:
(1) Services provided to the student.
(2) When the services shall be provided to the student.
(3) Manner in which services shall meet the needs of the
student.
(4) Individual providing services to the student.
"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
spiritual well-being.
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"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.
"Trauma-informed record." A record of traumatic events as
established under this section.
"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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