HB 1423 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in school safety and security, further providing for school safety and security training; providing for threat assessment; and, in school health services, further providing for confidentiality, transference and removal of health records.

PRIOR PRINTER'S NO.

1752 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

21031423 THE2019 GENERALINTRODUCED ASSEMBLYBY OFORTITAY, PENNSYLVANIABARRAR, HOUSEDeLUCA, BILLMIHALEK, SessionKAIL, FRITZ, SCHROEDER, STAATS AND FARRY, MAY 7, 2019OSSBERG, LONGIETTI, REFERRED TO COMMITTEE ON EDUCATION, MAY 7, 2019 AN ACT Amending the act of No.March 10, 1949 (P.L.30, No.14), entitled "An act relating to the public school system, including certain provisions applicable as well to private and parochial schools;

1423 2019 INTRODUCED BY ORTITAY, BARRAR, DeLUCA, MIHALEK, KAIL, FRITZ, SCHROEDER, STAATS, FARRY, GILLEN AND SCHMITT, MAY 7, 2019I, AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 11, 2019 AN ACT Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An act relating to the public school system, including certain provisions applicable as well to private and parochial schools;

and, in school health andservices, removalfurther ofproviding healthfor records.r confidentiality, transference Theand Generalremoval Assembly of thehealth Commonwealthrecords. of Pennsylvania hereby enacts as follows:

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

"Mental health agency." The term includes, but is not 20190HB1423PN2103 - 2 - limited to, a state, county or local mental health service 20190HB1423PN1752 - 2 - provider, crisis intervention center or psychiatric hospital.

(iii) Facilitate opportunities for members of the 20190HB1423PN2103 - 3 - threat assessment team to complete group or individual 20190HB1423PN1752 - 3 - training consistent with nationally recognized best practices during paid working hours or as in-service training.

(b) Threat assessment team requirements.--The following 20190HB1423PN2103 - 4 - shall apply to threat assessment teams established under 20190HB1423PN1752 - 4 - subsection (a):

(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 20190HB1423PN2103 - 5 - facilities, the community or others and how to report 20190HB1423PN1752 - 5 - their concerns.

(B) The process of identifying, reporting, assessing, responding to and intervening with 20190HB1423PN2103 - 6 - threats, including identifying and avoiding racial or 20190HB1423PN1752 - 6 - cultural bias.

(2) Following notification of the parent or guardian, the threat assessment team may refer the student, as 20190HB1423PN2103 - 7 - appropriate, to:

20190HB1423PN1752 - 7 - (i) a student assistance program;

(d) Access to student information.--In order to carry out 20190HB1423PN2103 - 8 - the duties under subsections (b) and (c) and facilitate the 20190HB1423PN1752 - 8 - 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 threat assessment team shall have access to the following student information to the extent permissible under Federal law:

The county agency or juvenile probation department shall comply with 20190HB1423PN2103 - 9 - the threat assessment team's request except as prohibited by the 20190HB1423PN1752 - 9 - following:

(f) Use of records.--The threat assessment team shall use the information contained in the records obtained under subsections (d) and (e) SUBSECTION (D) in fulfilling the team's <-- duty to evaluate a threat or the recommended disposition of a threat.

(1) Records or documentation developed or maintained by 20190HB1423PN2103 - 10 - a threat assessment team shall not be subject to the act of 20190HB1423PN1752 - 10 - February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

20190HB1423PN2103 - 11 - (2) The task force shall elect one of its members to 20190HB1423PN1752 - 11 - serve as chairperson.

(D) Model informational materials for parents and school employees that may be used and adapted by 20190HB1423PN2103 - 12 - public school entities to meet the requirements of 20190HB1423PN1752 - 12 - section 1302-E(a)(2)(iv) and (b)(1)(iii)(B).

Notwithstanding any provision of law to the contrary, a public school entity,entity OTHER THAN A CYBER CHARTER SCHOOL, shall <-- be eligible to receive grant funding under section 1302-A or 1306-B for the purpose of implementing this article.

Confidentiality, Transference and Removal of Health Records.--[All] (a) Except as provided under subsection 20190HB1423PN2103 - 13 - (b), all health records established and maintained pursuant to 20190HB1423PN1752 - 13 - this act shall be confidential, and their contents shall be divulged only when necessary for the health of the child or at the request of the parent or guardian to a physician legally qualified to practice medicine and surgery or osteopathy or osteopathic surgery in the Commonwealth.

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