Legal basis for emergency planning

"Each year, the  Pennsylvania Emergency Management Agency (PEMA) conducts two (2) hazardous weather exercises (in the spring and fall/winter) to provide an opportunity for all Commonwealth Preparedness stakeholders to examine, test, and validate their emergency operations plans (EOPs), emergency response, and recovery capabilities."

Comprehensive toolkit for emergency planning

Landing page for emergency planning resources

(g)  Plans. — Every school district and custodial child care facility, in cooperation with the local Emergency Management Agency and the Pennsylvania Emergency Management Agency, shall develop and implement a comprehensive disaster response and emergency preparedness plan consistent with the guidelines developed by the Pennsylvania Emergency Management Agency and other pertinent State requirements. The plan shall be reviewed annually and modified as necessary. A copy of the plan shall be provided to the county emergency management agency.

(a) Duties of school entities and chief school administrators.— The following shall apply: (1) Each 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) Each 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) 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) 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) 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) Any 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. (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, 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 1205.5 and the school safety and security training required under section 1310-B. (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 1409 to the contrary, student health records. (2) Prior school disciplinary records. (3) Records or information shared with the school entity under Article XIII-A 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), 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), known as the Mental Health Procedures Act. (4) The act of November 29, 1990 (P.L.585, No.148), 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 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), 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.

(a) Duty to establish. — No later than September 30, 2018, the committee shall establish criteria to be used when conducting school safety and security assessments that include the following: (1) A physical assessment. The physical assessment shall be conducted during calendar months when school is in session and shall consist of an evaluation of the school entity’s structural facilities and surrounding property that includes: (i) A review of the school entity’s existing school safety and security plan. (ii) A review of the school entity’s existing plans for crisis response and mitigation. (iii) An analysis of the school entity’s crime prevention policy or practices, including environmental design. (iv) Discussions with the local law enforcement agencies that are primarily responsible for protecting and securing the school. (v) An analysis of the school entity’s cooperative agreements with the local law enforcement agencies that are primarily responsible for protecting and securing the school. (vi) Discussions with the school entity’s employees. (2) A policy and training assessment. The policy and training assessment shall consist of an evaluation of the school entity’s policies and practices, including: (i) An analysis of the school entity’s policies related to student safety, security and management issues. (ii) Discussions with the school entity’s employees. (iii) A review of the school entity’s student code of conduct. (iv) A review of the school entity’s safety and security training practices. (v) Recommendations for effective school safety and security training and practices for all school entity employees. (vi) An analysis of the school entity’s communications practices and available technology and tools. (3) A student assistance and behavioral health support assessment. The student assistance and behavioral health support assessment shall consist of an analysis of the school entity’s climate, including: (i) The availability of student assistance programs and behavioral health professionals to provide assistance to the school entity. (ii) A review of recommendations by behavioral and physical health professionals and consideration of their recommendations. (b) Periodic review of criteria. — The committee shall review the criteria established in subsection (a) at a minimum every three years and may make revisions as needed.

(j) Specific purposes. — The committee shall provide grants to school entities for programs that address safety and security, including: (1) Safety and security assessments that meet the committee’s criteria. (2) Conflict resolution or dispute management, including restorative justice strategies. (3) School-wide positive behavior support that includes primary or universal, secondary and tertiary supports and interventions in school entities. (4) School-based diversion programs. (5) Peer helper programs. (6) Risk assessment, safety-related, violence prevention curricula, including dating violence curricula and restorative justice strategies. (7) Classroom management. (8) Student codes of conduct. (9) Training to undertake a districtwide assessment of risk factors that increase the likelihood of problem behaviors among students. (10) Development and implementation of research-based violence prevention programs that address risk factors to reduce incidents of problem behaviors among students, including, but not limited to, bullying. (11) Thorough, districtwide school safety, violence prevention, emergency preparedness and all-hazards plans, including revisions or updates to such plans and conducting emergency preparedness drills and related activities with local emergency responders. (12) Security planning and purchase of security-related technology, which may include metal detectors, protective lighting, specialty trained canines, surveillance equipment, special emergency communications equipment, automated external defibrillators, electronic locksets, deadbolts, trauma kits and theft control devices and training in the use of security-related technology. Security planning and purchase of security-related technology shall be based on safety needs identified by the school entity’s board of school directors. (13) Institution of student, staff and visitor identification systems, including criminal background check software. (14) Provision of specialized staff and student training programs, including training for Student Assistance Program team members in the referral of students at risk of violent behavior to appropriate community-based services and behavioral health services and training related to prevention and early intervention. (15) Counseling services for students. (16) A system for the management of student discipline, including misconduct and criminal offenses. (17) Staff training programs in the use of positive behavior supports, de-escalation techniques and appropriate responses to student behavior that may require immediate intervention. (18) Costs associated with the training and compensation of school resource officers and school police officers. (19) Costs associated with the training and compensation of certified guidance counselors, licensed professional counselors, licensed social workers, licensed clinical social workers and school psychologists. (20) Administration of evidence-based screenings for adverse childhood experiences that are proven to be determinants of physical, social and behavioral health and provide trauma-informed counseling services as necessary to students based upon the screening results. (21) Trauma-informed approaches to education, including: (i) Increasing student and school employee access to quality trauma support services and behavioral health care, including the following: (A) Hiring or contracting with certified guidance counselors, licensed professional counselors, licensed social workers, licensed clinical social workers, school psychologists and other professional health personnel to provide services to students and school employees. (B) Developing collaborative efforts between the school entity and behavioral health professionals to identify students in need of trauma support and to provide prevention, screening, referral and treatment services to students potentially in need of services. (ii) Programs providing: (A) Trauma-informed approaches to education in the curriculum, including training of school employees, school directors and behavioral health professionals to develop safe, stable and nurturing learning environments that prevent and mitigate the effects of trauma. (B) Services for children and their families, as appropriate, who have experienced or are at risk of experiencing trauma, including those who are low-income, homeless, involved in the child welfare system or involved in the juvenile justice system. (22) Programs designed to reduce community violence, including: (i) Increase access to quality trauma-informed support services and behavioral health care by linking the community with local trauma support and behavioral health systems. (ii) Provide health services and intervention strategies by coordinating the services provided by eligible applicants and coordinated care organizations, public health entities, nonprofit youth service providers and community-based organizations. (iii) Provide mentoring and other intervention models to children and their families who have experienced trauma or are at risk of experiencing trauma, including those who are low-income, homeless, in foster care, involved in the criminal justice system, unemployed, experiencing a mental illness or substance abuse disorder or not enrolled in or at risk of dropping out of an educational institution. (iv) Foster and promote communication between the school entity, community and law enforcement. (v) Any other program or model designed to reduce community violence and approved by the committee. (23) The implementation of Article XIII-E.

(a) Appointment. — The chief school administrator of a school entity shall appoint a school administrator as the school safety and security coordinator for the school entity. The appointment shall be made not later than August 31, 2018. (b) General duties. — The school safety and security coordinator shall oversee all school police officers, school resource officers, school security guards and policies and procedures in the school entity and report directly to the chief school administrator. As used in this subsection, the terms “school police officer,” “school resource officer” and “school security guard” shall have the meanings given to them in section 1301-C. (c) Specific duties. — The school safety and security coordinator shall: (1) Review the school entity’s policies and procedures relative to school safety and security and compliance with Federal and State laws regarding school safety and security. (2) Coordinate training and resources for students and school entity staff in matters relating to situational awareness, trauma-informed approaches, behavioral health awareness, suicide and bullying awareness, substance abuse awareness and emergency procedures and training drills, including fire, natural disaster, active shooter, hostage situation and bomb threat. (3) Coordinate school safety and security assessments as necessary. (4) Serve as the school entity liaison with the committee, the department, law enforcement and other organizations on matters of school safety and security. (5) Make a report no later than June 30, 2019, and each June 30 thereafter, to the school entity’s board of directors on the school entity’s current safety and security practices that identify strategies to improve school safety and security. The report shall be presented to the school entity’s board of directors at an executive session of the school entity’s board of directors. The report shall be submitted to the committee and shall not be subject to the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. (6) Coordinate a tour of the school entity’s buildings and grounds biennially or when a building is first occupied or reconfigured with the law enforcement agencies and first responders that are primarily responsible for protecting and securing the school entity to discuss and coordinate school safety and security matters.

School entities shall provide their employees with mandatory training on school safety and security subject to the following based on the needs of the school entity: (1) Training shall address any combination of one or more of the following, based on the needs of the school entity: (i) Situational awareness. (ii) Trauma-informed approaches. (iii) Behavioral health awareness. (iv) Suicide and bullying awareness. (v) Substance use awareness. (vi) Emergency training drills, including fire, natural disaster, active shooter, hostage situation and bomb threat. (vii) Identification or recognition of student behavior that may indicate a threat to the safety of the student, other students, school employees, school facilities, the community or others. (2) Training may be provided through the Internet or other distance communication systems. (3) Employees shall complete a minimum of three hours of training every five years. (4) Employees required to undergo continuing professional education under section 1205.2 shall receive credit toward their continuing professional education requirements if the training program has been approved by the department in consultation with the committee.

(a) There is hereby established in the Department of Education an Office for Safe Schools. (b) The office shall have the power and duty to implement the following: (1) To coordinate antiviolence efforts between school, professional, parental, governmental, law enforcement and community organizations and associations. (2) To collect, develop and disseminate information, policies, strategies and other information to assist in the development of programs to impact school violence. (2.1) To direct all school entities to submit annual school violence statistics and reports to the office no later than July 31 of each year. (3) To provide direct training to school employes, parents, law enforcement officials and communities on effective measures to prevent and combat school violence. (4) To advise school entities and nonpublic schools on the development of policies to be used regarding possession of weapons by any person, acts of violence and protocols for coordination with and reporting to law enforcement officials and the Department of Education. (4.1) To verify the existence of corrective action plans to reduce incidents of violence as required in the No Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425). (5) To develop forms to be used by school entities and police departments for reporting incidents involving acts of violence and possession of weapons on school property. The forms shall be reviewed on a biennial basis and revised when necessary. (6) To verify that each school entity has a biennially updated and reexecuted memorandum of understanding with local law enforcement and has filed such memorandum with the office on a biennial basis. (7) To publish and post on the Department of Education’s Internet website a School Safety Annual Report no later than November 1 of each calendar year outlining all incidents required to be reported under section 1303-A and any school district that failed to submit a report under section 1303-A. (8) To establish criteria, in consultation with the Pennsylvania State Police, for certifying approved vendors to provide school police officers to nonpublic schools for the purposes of awarding grants under subsection (c.1)(3). (9) To publish and post on the Department of Education’s publicly accessible Internet website a listing of all approved vendors under paragraph (8). (b.1) The office shall process and tabulate the data on an annual basis to assist school administrators and law enforcement officials in their duties under this article. (c) In addition to the powers and duties set forth under subsection (b), the office is authorized to make targeted grants to school entities, and to intermediate units on behalf of nonpublic schools, to fund programs which address school violence, including: (1) Conflict resolution or dispute management, including restorative justice strategies. (1.1) School-wide positive behavior support that includes primary or universal, secondary and tertiary supports and interventions in school entities. (1.2) School-based diversion programs. (2) Peer helpers programs. (3) Risk assessment, safety-related, violence prevention curricula, including, but not limited to, dating violence curricula and restorative justice strategies. (4) Classroom management. (5) Student codes of conduct. (6) Training to undertake a districtwide assessment of risk factors that increase the likelihood of problem behaviors among students. (7) Development and implementation of research-based violence prevention programs that address risk factors to reduce incidents of problem behaviors among students including, but not limited to, bullying. (8) Comprehensive, districtwide school safety, violence prevention, emergency preparedness and all-hazards plans, including revisions or updates to such plans and conducting emergency preparedness drills and related activities with local emergency responders. (9) Security planning, purchase of security-related technology which may include metal detectors, protective lighting, surveillance equipment, special emergency communications equipment, electronic locksets, deadbolts and theft control devices and training in the use of security-related technology. Security planning and purchase of security-related technology shall be based on safety needs identified by the school entity’s board of directors. (10) Institution of student, staff and visitor identification systems, including criminal background check software. (11) Deleted by 2013, July 18, P.L. 571, No. 70, § 1, imd. effective. (12) Provision of specialized staff and student training programs, including training for Student Assistance Program team members in elementary, middle and high schools in the referral of students at risk of violent behavior to appropriate community-based services, including mental health services. (13) Alternative education programs provided for in Article XIX-C. (14) Counseling services for students enrolled in alternative education programs. (15) An Internet web-based system for the management of student discipline, including misconduct and criminal offenses. (16) Staff training programs in the use of positive behavior supports, de-escalation techniques and appropriate responses to student behavior that may require immediate intervention. (17) The implementation of Article XIII-E.

(c)  In addition to the powers and duties set forth under subsection (b), the office is authorized to make targeted grants to school entities to fund programs which address school violence, including:

• (1)  Conflict resolution or dispute management, including restorative justice strategies.
• (1.1) School-wide positive behavior support that includes primary or universal, secondary and tertiary supports and interventions in school entities.
• (1.2) School-based diversion programs.
• (2)  Peer helpers programs.
• (3)  Risk assessment, safety-related, violence prevention curricula, including, but not limited to, dating violence curricula and restorative justice strategies.
• (4)  Classroom management.
• (5)  Student codes of conduct.
• (6)  Training to undertake a districtwide assessment of risk factors that increase the likelihood of problem behaviors among students.
• (7)  Development and implementation of research-based violence prevention programs that address risk factors to reduce incidents of problem behaviors among students including, but not limited to, bullying.
• (8)  Comprehensive, districtwide school safety, violence prevention, emergency preparedness and all-hazards plans, including revisions or updates to such plans and conducting emergency preparedness drills and related activities with local emergency responders.
• (9)  Security planning, purchase of security-related technology which may include metal detectors, protective lighting, surveillance equipment, special emergency communications equipment, electronic locksets, deadbolts and theft control devices and training in the use of security-related technology. Security planning and purchase of security-related technology shall be based on safety needs identified by the school entity’s board of directors.

(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).

(a) Each school district, in cooperation with the local emergency management agency and the Pennsylvania Emergency Management Agency, shall develop and implement a comprehensive disaster response and emergency preparedness plan as required under 35 Pa.C.S. § 7701(g) (relating to duties concerning disaster prevention). The plan shall be reviewed annually and modified as necessary. (b) A school district's comprehensive disaster response and emergency preparedness plan shall be consistent with the guidelines developed by the Pennsylvania Emergency Management Agency and other applicable State requirements as required under 35 Pa.C.S. § 7701.(g). (c) In developing a comprehensive disaster response and emergency preparedness plan, a school district shall consider the framework presented in the National Incident Management System. (d) A school district shall provide the emergency management agency of every county of which the school district is a part a copy of the district's comprehensive disaster response and emergency preparedness plan as required under 35 Pa.C.S. § 7701.(g). (e) A school district shall provide to each local police department and each local fire department having jurisdiction over geographic territory of which the school district is a part a copy of the district's comprehensive disaster and response emergency preparedness plan. (f) In an emergency, a school district shall follow the procedures in its comprehensive disaster response and emergency preparedness plan adopted under 35 Pa.C.S. § 7701.(g). (g) By September 30 of each year, a school entity shall assemble and make ready for immediate deployment to the Incident Command Post, that is, a physical location established in accordance with the school entity's plan adopted under 35 Pa.C.S. § 7701.(g) to manage an emergency incident or disaster, the following information for the purpose of assisting local police and fire departments 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) Locations 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 and fire departments in responding to an emergency.