Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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22 Pa. Code § 10.23. Response and handling of a student with a disability.

§ 10.23. Response and handling of a student with a disability.

 (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.



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