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The prohibition against disclosures, specified in section IV(C)(5) of this Memorandum. When sharing information and evidence necessary for the Law Enforcement Authority to complete its investigation, the School Entity shall: i.
Code § § 12.31-12.33, including any amendments thereto. Comply with the requirements of the Safe Schools Act, 24 P. § § 13-1303-A and 13-1313-A, and any amendments thereto. Complete reports as required by section 1303-A of the Safe Schools Act, 24 P. If the School Entity determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records to the Law Enforcement Authority, if knowledge of that information is necessary for the Law Enforcement Authority to protect the health or safety of the student or other individuals. Help the School Entity prevent delinquent acts through preventive measures, including referrals to support services, diversionary programs, restorative practices, school-wide positive behavior supports, education and deterrence. Investigate as appropriate all incidents reported to have occurred on school property, at any school sponsored activity, or on a conveyance as described in the Safe Schools Act (including a school bus) providing transportation to or from a school or school sponsored activity. Section 908 (relating to prohibited offensive weapons). The term offensive weapon is defined by section 908 of the Crimes Code as [a]ny bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose. See 18 Pa. Consistent with section 908(b) of the Crimes Code (relating to exceptions), this reporting requirement does not apply to one who possessed or dealt with an offensive weapon solely as a curio or in a dramatic performance, or to one who possessed an offensive weapon briefly in consequence of having found it or taken it from an aggressor, or under circumstances similarly negating any intent or likelihood that the weapon would be used unlawfully. Section 912 (relating to possession of weapon on school property). The term weapon is defined by section 912 of the Crimes Code to include, but is not limited to, a knife, cutting instrument, cutting tool, nunchuck stick, firearm, shotgun, rifle and any other tool, instrument or implement capable of inflicting serious bodily injury. Consistent with section 912(c) of the Crimes Code (relating to defense), this reporting requirement does not apply to a weapon that is: (a) possessed and used in conjunction with a lawful supervised school activity or course; or (b) is possessed for other lawful purpose. Code § § 14.133 (relating to positive behavior support), 15.3 (relating to protected handicapped studentsgeneral) or 711.46 (relating to positive behavior support). In accordance with 34 CFR 300.535 (relating to referral to and action by law enforcement and judicial authorities), nothing will prohibit the School Entity from reporting an offense committed by a child with a disability to the Law Enforcement Authority, and nothing will prevent State law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a child with a disability. The School Entity, when reporting an offense committed by a child with a disability, should ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to the Law Enforcement Authority to whom the incident was reported. The School Entity, when reporting an incident under this section, may transmit copies of the childs special education and disciplinary records only to the extent that the transmission is permitted by FERPA. Section 3307 (relating to institutional vandalism), when the penalty is a misdemeanor of the second degree. Section 3503(b)(1)(i), (ii), (iii) and (iv), (b.1) and (b.2) (relating to criminal trespass). Chapter 39 (relating to theft and related offenses). Section 5502 (relating to failure of disorderly persons to disperse upon official order). Such notification will state that the child has an IEP or a service agreement that includes a behavior support plan and may include the School Entitys recommendation that police intervention may not be required and advisement that the School Entity will act to address the students behavior need as required by applicable federal and state law and regulations, including 22 Pa.