Outline of the state of Pennsylvania
State
Pennsylvania
Required

Category
Limits on Referrals to Law Enforcement

Category
Limits on Referrals to Law Enforcement

State law requires districts to establish formal procedures governing referrals to local law enforcement.

Pennsylvania Unconsolidated Statutes 1949 Act 14. Article XIII-A. Safe Schools. Section 1302.1-A. Regulations.

(a) Within one year of the effective date of this section, the State Board of Education shall promulgate final-omitted regulations pursuant to the act of June 25, 1982 (P.L.633, No.181), known as the "Regulatory Review Act," necessary to implement this article. The regulations shall include the following:

  • (4) Protocol for emergency and nonemergency response by the police department, which shall include a requirement that the school district shall supply the police department with a copy of the comprehensive disaster response and emergency preparedness plan as required by 35 Pa.C.S. § 7701(g) (relating to duties concerning disaster prevention).
Policy Type
Statute

The Pennsylvania Code § 10.1. Purpose

The purpose of this chapter is to establish and maintain a cooperative relationship between school entities and local police departments in the reporting and resolution of incidents that occur on school property, at a 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.

Policy Type
Regulation

The Pennsylvania Code § 10.21. Immediate notification

(a) The chief school administrator, or a designee, shall immediately notify the local police department when an offense listed in section 1303-A(b)(4.1) of the Safe Schools Act (24 P. S. § 13-1303-A(b)(4.1)) occurs on school property, at a 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. (b) Notification shall be made to the local police department by the most expeditious means practicable. (c) As part of its notification of the incident to the local police department, the chief school administrator or a designee shall provide as much of the information in this subsection as is available at the time of notification. The gathering of information should not 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 involved in the incident. (7) Whether the weapons have been secured and the custodian of the weapons. (8) Injuries. (9) Whether emergency medical services or the fire department was notified. (10) Identity of the school contact person. (11) Identity of the witnesses. (12) Whether the incident involves a student with a disability, the type of disability and its impact on the student's behavior. (13) Other information as is known to the school entity and believed to be relevant to the incident. (d) In responding to students who commit an incident listed in section 1303-A(b)(4.1) of the Safe Schools Act, 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 and shall notify the local police department of the student's placement in the program. This subsection does not limit law enforcement's discretion.

Policy Type
Regulation

The Pennsylvania Code § 10.22. Discretionary notification

(a) The chief school administrator, or a designee, may notify the local police department having jurisdiction when an offense listed in section 1303-A(b)(4.2) of the Safe Schools Act (24 P. S. § 13-1303-A(b)(4.2)) occurs on school property, at a 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. (b) In determining whether to notify the local police department of an incident described in subsection (a), the chief school administrator, or a designee, may consider the following factors: (1) The seriousness of the situation. (2) The school's ability to defuse or resolve the situation. (3) The child's intent. (4) The child's age. (5) Whether the student has a disability, the type of disability and its impact on the student's behavior. (6) Other factors believed to be relevant. (c) In making a determination whether to notify law enforcement when an offense listed in section 1303-A(b)(4.2) of the Safe Schools Act occurs on school property, at a 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, and to the extent that it has authority, a school entity may consider addressing the student's behavior through the use of available school-based diversion programs and available school-wide positive behavior supports. (d) Upon notification of the incident to the local police department, the chief school administrator or a designee shall provide as much of the information in this subsection as is available at the time of notification. The gathering of information should not 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 involved in the incident. (7) Whether the weapons have been secured and the custodian of the weapons. (8) Injuries. (9) Whether emergency medical services or the fire department was notified. (10) Identity of the school contact person. (11) Identity of the witnesses. (12) Whether the incident involves a student with a disability, the type of disability and its impact on the student's behavior. (13) Other information known to the school entity and believed to be relevant to the incident.

Policy Type
Regulation