Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 10 - SAFE SCHOOLS › NOTIFICATION OF INCIDENTS › Section 10.23 - Response and handling of a student with a disability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A school entity shall provide to each
					 local police department having jurisdiction over property of the school entity
					 a copy of its procedures on behavior support services (see §
											14.104 (relating to special
					 education plans)) by September 30, 2012. Thereafter, a school entity shall
					 provide to each local police department a copy of its procedures on behavior
					 support services each time the procedures are revised by the school
					 entity.
(b) A school entity shall
					 invite representatives of each local police department having jurisdiction over
					 property of the school entity to participate in trainings in the use of
					 positive behavior supports, de-escalation techniques and appropriate responses
					 to student behavior that may require immediate intervention, as provided by the
					 school entity's special education plan (see § 14.104) and the school entity's
					 positive behavior support program (see §§
											14.133 and
					 711.46 (relating to positive
					 behavior support)).
(c) When a
					 student with a disability commits an incident listed in section 1303-A(b)(4.1)
					 or (4.2) of the Safe Schools Act (24 P. S. §
												13-1303-A(b)(4.1) and (4.2)), the school
					 entity shall respond in a manner that is consistent with the training provided
					 in accordance with the school entity's special education plan (see §
											14.104) and, if applicable, with
					 the procedures, methods and techniques defined in the student's behavior
					 support plan (see §§ 14.133 and 711.46).
(d) When a protected handicapped student
					 commits an incident listed in section 1303-A(b)(4.1) or (4.2) of the Safe
					 Schools Act, the school entity, including a charter school, shall respond in a
					 manner that is consistent with the student's service agreement (see §§
											15.2 and
					 15.7 (relating to definitions; and
					 service agreement)).
(e) For a
					 student with a disability who has a positive behavior support plan, upon
					 notification to a local police department that a student with a disability has
					 committed an incident listed in section 1303-A(b)(4.1) or (4.2) of the Safe
					 Schools Act, a school entity shall act in accordance with §
											14.133(h) or §
					 711.46(h).
(f) For a protected
					 handicapped student whose service agreement includes a positive behavior
					 support plan, upon notification to a local police department that a protected
					 handicapped student has committed an incident listed in section 1303-A(b)(4.1)
					 or (4.2) of the Safe Schools Act, a school entity, including a charter school,
					 shall act in accordance with §
											15.3 (relating to
					 general).
(g) For a student with a
					 disability who does not have a positive behavior support plan, upon
					 notification to a local police department that a student with a disability has
					 committed an incident listed in section 1303-A(b)(4.1) or (4.2) of the Safe
					 Schools Act, the school entity shall convene the student's IEP team. At this
					 meeting, the IEP team shall consider whether a positive behavior support plan
					 should be developed to address the student's behavior.
(h) For a protected handicapped student whose
					 service agreement does not include a positive behavior support plan, upon
					 notification to a local police department that a protected handicapped student
					 has committed an incident listed in section 1303-A(b)(4.1) or (4.2) of the Safe
					 Schools Act, the school entity, including a charter school, in consultation
					 with the student's parents, shall consider whether a positive behavior support
					 plan should be developed as part of the service agreement to address the
					 student's behavior.