Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 10 - SAFE SCHOOLS › NOTIFICATION OF INCIDENTS › Appendix A - MODEL MEMORANDUM OF UNDERSTANDING

Current through Register Vol. 54, No. 28, July 13, 2024
MEMORANDUM OF UNDERSTANDING BETWEEN
________________________
(Law Enforcement Authority)
and
________________________
(School Entity)
________________________
(Date)
I.
Introduction
A. Parties
The following Law Enforcement Authority or Authorities
						agree to follow the policies and procedures contained in this Memorandum of
						Understanding (hereinafter "Memorandum"):
________________________________________
________________________________________
The following School Entity or Entities agree to follow
						the policies and procedures contained in this Memorandum:
________________________________________
________________________________________
B. This Memorandum establishes procedures to be followed
						when certain incidents-described in Section II below-occur on school property,
						at any school sponsored activity, or on a conveyance as described in the Safe
						Schools Act (such as a school bus) providing transportation to or from a school
						or school sponsored activity. This Memorandum does not cover incidents that are
						outside of those school settings and create no substantial disruption to the
						learning environment.
C. The parties seek to foster a relationship of
						cooperation and mutual support and to maintain a safe school
						environment.
D. Legal Authority
1. The parties make this agreement as required by Article
						XIII-A of the Public School Code of 1949, popularly known as the "Safe Schools
						Act," as amended,
						24
						P. S. §§
												13-1301-A-13-1313-A.
2. In so recognizing this legal authority, the parties
						acknowledge their respective duties pursuant to the Safe Schools Act and hereby
						agree to support and cooperate with one another in carrying out their joint and
						several responsibilities thereunder.
3. Information From Student Records
a. The Law Enforcement Authority shall be governed by the
						following reporting and information exchange guidelines:
i. Criminal History Record Information Act,
						18 Pa.C.S. §
												9101 et
						seq.
ii. The prohibition against disclosures, specified in
						section IV(C)(5) of this Memorandum.
b. When sharing information and evidence necessary for
						the Law Enforcement Authority to complete its investigation, the School Entity
						shall:
i. Comply with the Family Educational Rights and Privacy
						Act (hereinafter "FERPA"), 20 U.S.C. §
												1232 g, and its
						implementing regulations at 34 C.F.R. §
												99.1 et seq., and 22
						Pa. Code §§
											12.31-12.33, including any amendments
						thereto.
ii. Comply with the requirements of the Safe Schools Act,
						24
						P. S. §§
												13-1303-A and 13-1313-A, and any
						amendments thereto.
iii. Complete reports as required by section 1303-A of
						the Safe Schools Act,
						24
						P. S. §
												13-1303-A, and any amendments
						thereto.
c. The School Entity may disclose personally identifiable
						information from an educational record of a student to the Law Enforcement
						Authority if a health or safety emergency exists and knowledge of that
						information is necessary to protect the health or safety of the student or
						other individuals. In determining whether a health or safety emergency exists,
						the School Entity may take into account the totality of the circumstances
						pertaining to a threat to the health or safety of a student or other
						individuals. If the School Entity determines that there is an articulable and
						significant threat to the health or safety of a student or other individuals,
						it may disclose information from education records to the Law Enforcement
						Authority, if knowledge of that information is necessary for the Law
						Enforcement Authority to protect the health or safety of the student or other
						individuals. The School Entity must record the articulable and significant
						threat to the health or safety of a student or other individuals so that it can
						demonstrate-to parents, students and the Family Policy Compliance
						Office1-what circumstance led it to determine that a
						health or safety emergency existed and why the disclosure was justified.
E. Priorities of the Law Enforcement Authority
1. Help the School Entity prevent delinquent acts through
						preventive measures, including referrals to support services, diversionary
						programs, restorative practices, school-wide positive behavior supports,
						education and deterrence.
2. Investigate as appropriate all incidents reported to
						have occurred on school property, at any school sponsored activity, or on a
						conveyance as described in the Safe Schools Act (including a school bus)
						providing transportation to or from a school or school sponsored activity. The
						investigation of all reported incidents shall be conducted in the manner that
						the Law Enforcement Authority, in its sole discretion, deems appropriate; but
						any investigation shall be conducted so as to involve as little disruption to
						the school environment as is practicable.
3. Identify those responsible for the commission of the
						reported incident and, where appropriate, apprehend and prosecute those
						individuals. Identification and apprehension procedures shall involve as little
						disruption to the school environment as is practicable.
4. Establish and maintain a cooperative relationship with
						the School Entity in the reporting and resolution of all incidents described in
						Section II of this document.
F. Priorities of the School Entity
1. Help law enforcement prevent delinquent acts through
						preventive measures, including referrals to support services, diversionary
						programs, restorative practices, school-wide positive behavior supports,
						education and deterrence.
2. Create a safe learning environment.
3. Establish and maintain a cooperative relationship with
						the Law Enforcement Authority in the reporting and resolution of all incidents
						described in Section II of this document.
4. Provide the Law Enforcement Authority with all
						relevant information and required assistance in the event of a reported
						incident.
5. The School Entity shall give the Law Enforcement
						Authority a copy of the School Entity's behavior support services procedures
						and invite Law Enforcement Authority representatives to behavior support
						trainings.
II.
Notification of Incidents to Law
						Enforcement
The School Entity is required to notify law enforcement
						in specific situations listed in subsection A of this section, and has
						discretion over whether to notify law enforcement about incidents listed in
						subsection B of this section. Law enforcement's decision to investigate and
						file charges may be made in consultation with school administrators.
A. Mandatory Notification
1. The School Entity shall immediately notify the Law
						Enforcement Authority having jurisdiction where the offense occurred by the
						most expeditious means practicable of any of the following incidents occurring
						on school property, at any school sponsored activity, or on a conveyance as
						described in the Safe Schools Act (including a school bus) providing
						transportation to or from a school or school sponsored activity:
a. The following offenses under 18 Pa.C.S (relating to
						crimes and offenses):
i. Section 908 (relating to prohibited offensive
						weapons).
a. The term "offensive weapon" is defined by section 908
						of the Crimes Code as "[a]ny bomb, grenade, machine gun, sawed-off shotgun with
						a barrel less than 18 inches, firearm specially made or specially adapted for
						concealment or silent discharge, any blackjack, sandbag, metal knuckles,
						dagger, knife, razor or cutting instrument, the blade of which is exposed in an
						automatic way by switch, push-button, spring mechanism, or otherwise, any stun
						gun, stun baton, taser or other electronic or electric weapon or other
						implement for the infliction of serious bodily injury which serves no common
						lawful purpose." See
						18 Pa.C.S. §
												908(c) (relating to
						definitions).
b. Consistent with section 908(b) of the Crimes Code
						(relating to exceptions), this reporting requirement does not apply to one who
						possessed or dealt with an offensive weapon solely as a curio or in a dramatic
						performance, or to one who possessed an offensive weapon briefly in consequence
						of having found it or taken it from an aggressor, or under circumstances
						similarly negating any intent or likelihood that the weapon would be used
						unlawfully.
ii. Section 912 (relating to possession of weapon on
						school property).
a. The term "weapon" is defined by section 912 of the
						Crimes Code to include, but is not limited to, a knife, cutting instrument,
						cutting tool, nunchuck stick, firearm, shotgun, rifle and any other tool,
						instrument or implement capable of inflicting serious bodily injury.
b. Consistent with section 912(c) of the Crimes Code
						(relating to defense), this reporting requirement does not apply to a weapon
						that is:
(a) possessed and used in conjunction with a lawful
						supervised school activity or course; or
(b) is possessed for other lawful purpose.
iii. Chapter 25 (relating to criminal homicide).
iv. Section 2702 (relating to aggravated assault).
v. Section 2709.1 (relating to stalking).
vi. Section 2901 (relating to kidnapping).
vii. Section 2902 (relating to unlawful
						restraint).
viii. Section 3121 (relating to rape).
ix. Section
						3122.1 (relating to statutory
						sexual assault).
x. Section 3123 (relating to involuntary deviate sexual
						intercourse).
xi. Section
						3124.1 (relating to sexual
						assault).
xii. Section
						3124.2 (relating to institutional
						sexual assault).
xiii. Section 3125 (relating to aggravated indecent
						assault).
xiv. Section 3126 (relating to indecent assault).
xv. Section 3301 (relating to arson and related
						offenses).
xvi. Section 3307 (relating to institutional vandalism),
						when the penalty is a felony of the third degree.
xvii. Section 3502 (relating to burglary).
xviii. Section 3503(a) and (b)(1)(v) (relating to
						criminal trespass).
xix. Section 5501 (relating to riot).
xx. Section
						6110.1 (relating to possession of
						firearm by minor).
b. The possession, use or sale of a controlled substance,
						designer drug or drug paraphernalia as defined in "The Controlled Substance,
						Drug, Device and Cosmetic Act," as amended,
						35
						P. S. §§
												780-101-780-144, popularly known as
						the "Drug Act." For purposes of this Memorandum, the terms "controlled
						substance", "designer drug" and "drug paraphernalia" shall be defined as they
						are in section 102 of the Drug Act. See
						35
						P. S. §
												780-102 (relating to
						definitions).
c. Attempt, solicitation or conspiracy to commit any of
						the offenses listed in paragraphs 1 and 2 of this subsection.
d. An offense for which registration is required under
						42 Pa.C.S. §
												9795.1
						(relating to registration).
2. In responding to students who commit an incident
						listed under section 1303-A(b)(4.1 ) of the Safe Schools Act (24 P. S. §
												13-1303-A(b)(4.1 )), a school entity may
						consider the propriety of utilizing available school-based programs, such as
						school-wide positive behavior supports, to address the student's behavior.
						Nothing in this provision shall be read to limit law enforcement's
						discretion.
B. Discretionary Notification
1. The School Entity may notify the Law Enforcement
						Authority having jurisdiction where the incident occurred of any of the
						following incidents occurring on school property, at any school sponsored
						activity, or on a conveyance as described in the Safe Schools Act (including a
						school bus) providing transportation to or from a school or school sponsored
						activity:
a. The following offenses under 18 Pa.C.S (relating to
						crimes and offenses):
i. Section 2701 (relating to simple assault).
ii. Section 2705 (relating to recklessly endangering
						another person).
iii. Section 2706 (relating to terroristic
						threats).
iv. Section 2709 (relating to harassment).
v. Section 3127 (relating to indecent exposure).
vi. Section 3307 (relating to institutional vandalism),
						when the penalty is a misdemeanor of the second degree.
vii. Section 3503(b)(1)(i), (ii), (iii) and (iv), (b.1)
						and (b.2) (relating to criminal trespass).
viii. Chapter 39 (relating to theft and related
						offenses).
ix. Section 5502 (relating to failure of disorderly
						persons to disperse upon official order).
x. Section 5503 (relating to disorderly conduct).
xi. Section 6305 (relating to sale of tobacco).
xii. Section
						6306.1 (relating to use of tobacco
						in schools prohibited).
xiii. Section 6308 (relating to purchase, consumption,
						possession, or transportation of liquor or malt or brewed beverages by a person
						under 21 years of age).
b. Attempt, solicitation or conspiracy to commit any of
						the offenses listed in subsection (a).
2. In exercising its discretion to determine whether to
						notify law enforcement of such incidents, the School Entity may consider the
						following factors: the seriousness of the situation, the school's ability to
						defuse or resolve the situation, the child's intent, the child's age, whether
						the student has a disability and, if so, the type of disability and its impact
						on the student's behavior, and other factors believed to be relevant.
C. Law Enforcement Response to Notification
1. When notified of an incident listed in subsections A
						or B, law enforcement's decision to investigate and file charges, at the sole
						discretion of the Law Enforcement Authority, may be made in consultation with
						school administrators.
2. In determining whether to file charges, the Law
						Enforcement Authority is encouraged to consult with the District Attorney.
						Where appropriate under the law, part of this consultation may include a
						discussion about the availability or propriety of utilizing a diversionary
						program as an alternative to filing charges.
D. Notification of the Law Enforcement Authority when
						incident involves children with disabilities
1. If a child with a disability commits an incident of
						misconduct, school administrators and the Law Enforcement Authority should take
						into consideration that the child's behavior may be a manifestation of the
						disability and there may be no intent to commit an unlawful act. A child with a
						disability under this subsection shall mean a student with an IEP, a protected
						handicapped student with a service agreement that includes a behavior support
						plan, or such student for whom an evaluation is pending under 22 Pa. Code §§
											14.123 (relating to evaluation),
						15.5 (relating to school district initiated evaluation and provision of
						services), 15.6 (relating to parent initiated evaluation and provision of
						services), or Chapter 711 (relating to charter school and cyber charter school
						services and programs for children with disabilities).
2. In the event a child with a disability commits a
						mandatory notification offense under Subsection A, the School Entity must
						provide immediate notification to the Law Enforcement Authority regardless of
						the disability. Such notification will state that the child has an IEP or a
						service agreement that includes a behavior support plan and may include the
						School Entity's recommendation that police intervention may not be required and
						advisement that the School Entity will act to address the student's behavior
						need as required by applicable federal and state law and regulations, including
						22 Pa. Code §§
											14.133 (relating to positive
						behavior support), 15.3 (relating to protected handicapped students-general) or
						711.46 (relating to positive behavior support). The Law Enforcement Authority
						may take the recommendation under advisement but reserves the right to
						investigate and file charges.
3. In the event a child with a disability commits a
						discretionary offense under Subsection B and the School Entity does not believe
						that police intervention is necessary, the School Entity will address the
						student's behavior need as required by applicable federal and state law and
						regulations, including 22 Pa. Code §§ 14.133, 15.3 or 711.46.
4. In accordance with
						34 CFR
						300.535 (relating to referral to and action
						by law enforcement and judicial authorities), nothing will prohibit the School
						Entity from reporting an offense committed by a child with a disability to the
						Law Enforcement Authority, and nothing will prevent State law enforcement and
						judicial authorities from exercising their responsibilities with regard to the
						application of Federal and State law to crimes committed by a child with a
						disability.
5. The School Entity, when reporting an offense committed
						by a child with a disability, should ensure that copies of the special
						education and disciplinary records of the child are transmitted for
						consideration by the appropriate authorities to the Law Enforcement Authority
						to whom the incident was reported.
6. The School Entity, when reporting an incident under
						this section, may transmit copies of the child's special education and
						disciplinary records only to the extent that the transmission is permitted by
						FERPA.
[Describe any specific procedures to be followed for
						incidents involving a student with a disability having an IEP as required by 22
						Pa. Code §
											14.104 (relating to special
						education plans) or 22 Pa. Code Chapter 711 (relating to charter school and
						cyber charter school services and programs for children with
						disabilities)]
_________________________________________
_________________________________________
_________________________________________
E. Upon notification of the incident to the Law
						Enforcement Authority, the School Entity shall provide as much of the following
						information as is available at the time of notification. In no event shall the
						gathering of information unnecessarily delay notification:
1. Whether the incident is in-progress or has
						concluded.
2. Nature of the incident.
3. Exact location of the incident.
4. Number of persons involved in the incident.
5. Names and ages of the individuals involved.
6. Weapons, if any, involved in the incident.
7. Whether the weapons, if any, have been secured and, if
						so, the custodian of the weapons.
8. Injuries involved.
9. Whether EMS or the Fire Department have been
						notified.
10. Identity of the school contact person.
11. Identity of the witnesses to the incident, if
						any.
12. Whether the incident involves a student with a
						disability and, if so, the type of disability and its impact on the student's
						behavior.
13. Other such information as is known to the school
						entity and believed to be relevant to the incident.
F. No later than September 30 of each year, the School
						Entity shall assemble and make ready for immediate deployment to its Incident
						Command Post the following information for the purpose of assisting the Law
						Enforcement Authority in responding to an emergency:
1. Blueprints or floor plans of the school
						buildings.
2. Aerial photo, map or layout of the school campus,
						adjacent properties and surrounding streets or roads.
3. Location(s) of predetermined or prospective command
						posts.
4. Current teacher/employee roster.
5. Current student roster.
6. Most recent school yearbook.
7. School fire-alarm shutoff location and
						procedures.
8. School sprinkler system shutoff location and
						procedures.
9. Gas/utility line layouts and shutoff valve
						locations.
10. Cable/satellite television shutoff location and
						procedures.
11. Other information the School Entity deems pertinent
						to assist local police departments in responding to an emergency.
III.
Law Enforcement Authority
						Response
A. Depending on the totality of the circumstances,
						initial response by the Law Enforcement Authority may include:
1. For incidents in progress:
a. Meet with contact person and locate scene of
						incident.
b. Stabilize incident.
c. Provide/arrange for emergency medical treatment, if
						necessary.
d. Control the scene of the incident.
i. Secure any physical evidence at the scene.
ii. Identify involved persons and witnesses.
e. Conduct investigation.
f. Exchange information.
g. Confer with school officials to determine the extent
						of law enforcement involvement required by the situation.
2. Incidents not in progress:
a. Meet with contact person.
b. Recover any physical evidence.
c. Conduct investigation.
d. Exchange information.
e. Confer with school officials to determine the extent
						of law enforcement involvement required by the situation.
3. Incidents initially reported to the Law Enforcement
						Authority
If any incident described in sections IIA or IIB is
						initially reported to the Law Enforcement Authority, the Law Enforcement
						Authority shall proceed directly with its investigation, shall immediately
						notify the School Entity of the incident, and shall proceed as outlined in
						sections IIA through IIE.
B. Custody of Actors
1. Students identified as actors in reported incidents
						may be taken into custody at the discretion of the investigating law
						enforcement officer under any of the following circumstances:
a. The student has been placed under arrest.
b. The student is being placed under investigative
						detention.
c. The student is being taken into custody for the
						protection of the student.
d. The student's parent or guardian consents to the
						release of the student to law enforcement custody.
2. The investigating law enforcement officer shall take
						all appropriate steps to protect the legal and constitutional rights of those
						students being taken into custody.
IV.
Assistance of School Entities
A. In Loco Parentis
1. Teachers, Guidance Counselors, Vice Principals and
						Principals in the public schools have the right to exercise the same authority
						as a parent, guardian or person in parental relation to such pupil concerning
						conduct and behavior over the pupils attending a school during the time they
						are in attendance, including the time required in going to and from their
						homes.
2. School authorities' ability to stand in loco parentis
						over children does not extend to matters beyond conduct and discipline during
						school, school activities, or on a conveyance as described in the Safe Schools
						Act providing transportation to or from school or a school sponsored
						activity.
B. Notification of Parent or Guardian
1. Parents or guardians of all victims and suspects
						directly involved in an incident listed under Section IIA or IIB shall be
						immediately notified of the involvement, and they shall be informed about any
						notification regarding the incident that has been, or may be, made to the Law
						Enforcement Authority.
2. The School Entity shall document attempts made to
						reach the parents or guardians of all victims and suspects directly involved in
						incident listed under Section IIA or IIB.
C. Scope of School Entity's Involvement
1. General Principles: Once the Law Enforcement Authority
						assumes primary responsibility for a matter, the legal conduct of interviews,
						interrogations, searches, seizures of property, and arrests are within the
						purview of the Law Enforcement Authority. The School Entity shall defer to the
						Law Enforcement Authority on matters of criminal and juvenile law procedure,
						except as is necessary to protect the interests of the School Entity. The Law
						Enforcement Authority will keep the chief school administrator, or his
						designees, informed of the status of pending investigations.
2. Victims
a. The School Entity shall promptly notify the parent or
						guardian of a victim when the Law Enforcement Authority interviews that victim.
						The Law Enforcement Authority shall follow its policies and procedures when
						interviewing a victim to ensure the protection of the victim's legal and
						constitutional rights.
b. In the event a victim is interviewed by Law
						Enforcement Authority on school property, a guidance counselor or similar
						designated personnel may be present during the interview.
3. Witnesses
a. The School Entity shall promptly notify the parent or
						guardian of a witness when the Law Enforcement Authority interviews that
						witness. The Law Enforcement Authority shall follow its policies and procedures
						when interviewing a witness to ensure the protection of the witness's legal and
						constitutional rights.
b. In the event a witness is interviewed by the Law
						Enforcement Authority on school property, a guidance counselor or similar
						designated personnel should be present during the interview.
4. Suspects and Custodial Interrogation
a. The School Entity shall help the Law Enforcement
						Authority to secure the permission and presence of at least one parent or
						guardian of a student suspect before that student is interrogated by law
						enforcement authorities.
b. When a parent or guardian is not present, school
						authorities shall not stand in loco parentis (in the place of the
						parent/guardian) during an interview.
c. If an interested adult cannot be contacted, the School
						Entity shall defer to the investigating Law Enforcement Authority, which will
						protect the student suspect's legal and constitutional rights as required by
						law.
5. Conflicts of Interest
a. The parties to this Memorandum recognize that if a
						School Entity employee, contractor, or agent of the School Entity is the
						subject of an investigation, a conflict of interest may exist between the
						School Entity and the adult suspect.
b. Neither the individual that is the subject of the
						investigation, nor any person acting as his/her subordinate or direct
						supervisor, shall be present during Law Enforcement Authority's interviews of
						student co-suspects, victims or witnesses by the Law Enforcement
						Authority.
c. Neither the individual who is the subject of the
						investigation, nor his/her subordinate(s) and/or direct supervisor(s), shall be
						informed of the contents of the statements made by student co-suspects, victims
						or witnesses, except at the discretion of the Law Enforcement Authority or as
						otherwise required by law.
D. Reporting Requirements
All school entities are required to submit an annual
						report, which will include violence statistics and reports, to the Department
						of Education's Office for Safe Schools. This annual report must include all new
						incidents described in Sections IIA and IIB. Before submitting the required
						annual report, each chief school administrator and each police department
						having jurisdiction over school property of the School Entity shall do the
						following:
a. No later than thirty days prior to the deadline for
						submitting the annual report, the chief school administrator shall submit the
						report to the police department with jurisdiction over the relevant school
						property. The police department shall review the report and compare the data
						regarding criminal offenses and notification of law enforcement to determine
						its accuracy.
b. No later than fifteen days prior to the deadline for
						submitting the annual report, the police department shall notify the chief
						school administrator, in writing, whether the report accurately reflects police
						incident data. Where the police department determines that the report
						accurately reflects police incident data, the chief of police shall sign the
						report. Where the police department determines that the report does not
						accurately reflect police incident data, the police department shall indicate
						any discrepancies between the report and police incident data.
c. Prior to submitting the annual report, the chief
						school administrator and the police department shall attempt to resolve
						discrepancies between the report and police incident data. Where a discrepancy
						remains unresolved, the police department shall notify the chief school
						administrator and the office in writing.
d. Where a police department fails to take action as
						required under clause a or b, the chief school administrator shall submit the
						annual report and indicate that the police department failed to take action as
						required under clause a or b.
e. Where there are discrepancies between the School
						Entity's incident data and the police incident data, the following shall occur:
[Describe procedure to be followed for the resolution of
						school violence data discrepancies prior to filing the annual report]
						_________________________________________
_________________________________________
_________________________________________
V.
General Provisions
A. This Memorandum does not create any contractual rights
						or obligations between the signatory Law Enforcement Authority, the signatory
						School Entity, any other signatory authorities or entities, or their respective
						officers, employees, agents or representatives.
B. This Memorandum may be amended, expanded or modified
						at any time upon the written consent of the parties. It must be reviewed and
						re-executed within two years of the date of its original execution and every
						two years thereafter.
C. If changes in state or federal law require changes to
						this Memorandum, the parties shall amend this Memorandum.
D. All parties to this Memorandum will communicate fully
						and openly with each other in order to resolve any problems that may arise in
						the fulfillment of the terms of this Memorandum.
___________________
___________________
Chief School Administrator
School Entity
___________________
___________________
Chief Law Enforcement
Law Enforcement
Authority
Authority
___________________
___________________
Building Principal
School Building
This Appendix cited in 22 Pa. Code §
													10.11 (relating to memorandum of
						  understanding).