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§ 13-1302-E. Threat assessment teams

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 24 P.S. EducationEffective: July 8, 2022

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 24 P.S. Education
Chapter 1. Public School Code of 1949 (Refs & Annos)
Article XIII-E. Threat Assessment (Refs & Annos)
Effective: July 8, 2022
24 P.S. § 13-1302-E
§ 13-1302-E. Threat assessment teams
Currentness
(a) Duties of school entities and chief school administrators.--
(1) A 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) The chief school administrator or a designee, after consultation with the school entity's safety and security 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) Annually 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) Annually 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)1 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.
(C) The total number of threats assessed in the school entity.
(D) Additional information determined by the chief school administrator or designee.
(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.
(C) Recommendations for improvement of the 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.
(C) Special education.
(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.
(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.
(C) Ensuring that school employees are aware of 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 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 1526.2
(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.
(C) Confidentiality requirements under Federal and State law.
(2) The training required under this section shall be credited toward a professional educator's continuing professional education requirement under section 1205.2,3 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 1205.54 and the school safety and security training required under section 1310-B.5
(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.
(c) Notification and referral.--Upon a preliminary 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 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, 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 14096 to the contrary, student health records.
(2) Prior school disciplinary records.
(3) Records or information shared with the school entity under Article XIII-A7 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),8 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),9 known as the Mental Health Procedures Act.
(4) The act of November 29, 1990 (P.L. 585, No. 148),10 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 United States 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),11 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.
(3) School entities shall not be required to report any data on the functioning of the team other than specifically required under this article.

Credits

1949, March 10, P.L. 30, No. 14, art. XIII-E, § 1302-E, added 2019, June 28, P.L. 146, No. 18, § 17, imd. effective. Amended 2022, July 8, P.L. 620, No. 55, § 22, imd. effective.

Footnotes

1
24 P.S. § 13-1309-B.
2
24 P.S. § 15-1526.
3
24 P.S. § 12-1205.2.
4
24 P.S. § 12-1205.5.
5
24 P.S. § 13-1310-B.
6
24 P.S. § 14-1409.
7
24 P.S. § 13-1301-A et seq.
8
35 P.S. § 10101 et seq.
9
50 P.S. § 7101 et seq.
10
35 P.S. § 7601 et seq.
11
65 P.S. § 67.101 et seq.
24 P.S. § 13-1302-E, PA ST 24 P.S. § 13-1302-E
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document