From: PSBA Office of Governmental and Member Relations [cindy.eckerd@psba.org] Sent: Monday, September 26, 2011 2:10 PM To: Vento, Cindy Subject: SBE Seeks Comment on Draft Safe Schools Regs; New Voucher Plan May Be Offered New Draft Rules for School Safety; New Voucher Plan May Be Offered More Info September 26, 2011 State Board of Education issues draft school safety regulation; Vouchers, charters, EITC expansion bill may be offered PSBA would like to make you aware of two issues that have emerged in recent days: * Draft Chapter 10 regulation and model MOU address safe schools, students with disabilities * Vouchers, charters, EITC: The fall rush Draft Chapter 10 regulation and model MOU address safe schools, students with disabilities The State Board of Education has just released a new draft regulation and model MOU pursuant to Act 104 of 2010 related to reporting incidents of school violence with an emphasis concerning students with disabilities. Stakeholders are invited to comment for a brief window period that ends through Friday, Sept. 30. The comment period is being offered by the board so that it can provide an opportunity for public input as it readies a final draft prior to its expected vote in November. The regulation is created as a new Chapter 10 under the PA Code, Title 22. Click here for the new Chapter 10 regulations and here for the model MOU. PSBA is currently reviewing the language and will be offering comment to the State Board; we will share this with you as it is completed. The proposed Chapter 10 and MOU will go through regulatory review using an expedited process known as “final-omitted” since Act 104 requires the State Board to proceed in this manner. Because this process does not have a proposed rulemaking stage and no formal public comment period, the action taken by the State Board to seek comment is not required. Act 104 requires the State Board to promulgate final-omitted regulations that include: 1. A model memorandum of understanding between school entities and local police departments, which must be reviewed on a biennial basis and revised where necessary; 2. Protocol for immediately notifying local police when certain offenses occur on school property; 3. Protocol for notifying police, at the discretion of the chief school administrator, when other offenses occur on school property; 4. Protocol for emergency and non?emergency response by the police department, which must include a requirement that a school district must supply the police department with a copy of its comprehensive disaster response and emergency preparedness plan; and, 5. Procedures and protocols for the response and handling of students with disabilities. Overview: The new Chapter 10 and model MOU The proposed Chapter 10 and model MOU reflect the framework of Act 104, yet provide some flexibility for both school entities and law enforcement to make decisions under certain circumstances. Chapter 10 is intended to follow the requirements set by Act 104 in conjunction with rules already established under Act 87 of 1988 regarding the development of emergency preparedness plans and Chapter 14 regulations as well as federal rules concerning students with disabilities and the use of diversionary programs and positive behavior support. Chapter 10 calls for school entities to consider the model MOU but they are not required to use it and may create their own. The model MOU is offered as an appendix that will be a resource for school entities to use as they work to develop a document that is appropriate for them and their local police departments. School entities and law enforcement authorities can use the model as a template, but they are not required to use the specific language and may modify it or create their own provided that it is in compliance with Chapter 10. In addition, Chapter 10 outlines procedures for schools for both immediate mandatory notification as well as discretionary notification of law enforcement of certain incidents that occur on school property, at any school sponsored activity or on any conveyance providing transportation to or from a school or school activity. Regarding discretionary notification, the school may consider the seriousness of the situation, the school’s ability to diffuse or resolve the situation, the child’s intent, the child’s age, the presence of a disability or other relevant factors. Both the regulation and MOU contain language concerning the response and handling of a student with a disability. In some cases, schools and law enforcement may consider using a diversionary program to address a student’s behavior as an alternative to filing charges. Schools would be required to follow rules regarding the use of positive behavior support plans for their students with IEPs, or create such plans for students if none exist. PSBA is examining these sections closely to determine whether they follow current state and federal rules for students with disabilities without creating new requirements for schools. Vouchers, charters, EITC: The fall rush The General Assembly has returned to Harrisburg, and various sources are indicating that legislators may once again be rushing towards massive legislation creating costly taxpayer-funded vouchers for the benefit of private and religious schools. The challenge for proponents is trying to craft a proposal they can move through both the Senate and House of Representatives. It has been suggested that a bill is being crafted that would include vouchers, as well as expansion of the Educational Improvement Tax Credit program and charter schools. While no specific language has yet been released, there is speculation that a voucher plan could be scaled back by possibly limiting the number of eligible students and be targeted at the 10% ‘lowest performing’ schools. PSBA will keep you updated as additional information emerges. Once a new proposal has been released, we will provide details and ask you to contact your legislators. If you no longer wish to receive e-mail from us, please click here.