SPONSOR:

Rep. Smyk

HOUSE OF REPRESENTATIVES

150th GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 1

TO

HOUSE BILL NO. 236

AMEND House Bill No. 236 after line 11 by adding the following:

“(d) School resource officer and Constable training. — Training and reporting related to employees, contractors, or subcontractors excluded from the definition of “public school personnel” under paragraph (a)(4) of this section shall be governed by this subsection. This subsection shall be limited to those employees, contractors, or subcontractors who will assist with or independently intervene with students with disabilities, which shall include all students eligible to be identified as students with disabilities under Individuals with Disabilities Education Act (IDEA) [20 U.S.C. § 1401 et seq.], § 504 of the Rehabilitation Act of 1973 [29 U.S.C. § 794] and The Americans with Disabilities Act (ADA) [42 U.S.C. § 12101 et seq.].

(1) Employees, contractors, and subcontractors governed by this subsection shall annually receive the following awareness training from their school district or charter school:

a. Training which is consistent with that which is required of other public school personnel for disability awareness and behaviors that may manifest as a result of disabilities.

b. Best practices for de-escalation techniques in a school setting.

c. Information on intervention decisions and techniques used by school personnel in a school setting.

d. Such other training as is necessary to protect the health and well-being of students with disabilities as promulgated in implementing regulation, which shall include basic awareness training specific to individualized education programs (IEP), functional behavior assessments and behavior support plans.

e. This training shall include references as to how it relates to school resource officer (SRO) and constable duties and responsibilities outlined in their employment contract and school district or charter school memorandum of agreement (MOA). This training shall be consistent with the annual training already provided to school district or charter school educators.

(2) Employees, contractors, and subcontractors, governed by this subsection shall annually participate in the SRO training provided by the State Police or equivalent training provided by the police department employing the SRO in the school district or charter.

(3) Prior to the start of each school year, or as soon as practical, an SRO and constable shall meet with a representative of each building in which they are assigned to be familiarized with behaviors related to disabilities that may occur in the school and typical responses that may be taken by school personnel in that school.

(4) Reporting and notification practices for incidents involving employees, contractors, or subcontractors covered by this subsection shall be consistent with reporting and notification requirements for school personnel, and shall include a police report identification number where a police report exists.

(5) Each school district or charter school which contracts with SROs and constables shall have a MOA consistent with the MOA template as required by Department of Education regulation with the agency or entity which employs or manages those sworn officers and constables .”.

SYNOPSIS

This amendment requires constables to have the same training required of school resource officers who assist with or independently intervene with students with disabilities, which includes students certified as eligible for disabilities under Individuals with Disabilities Education Act (IDEA) [20 U.S.C. § 1401 et seq.], § 504 of the Rehabilitation Act of 1973 [29 U.S.C. § 794] and The Americans with Disabilities Act (ADA) [42 U.S.C. § 12101 et seq.].