22 Pa. Code § 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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.