Section 10.2. Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Charter school—A charter school or cyber charter school as defined in section 1703-A of the Charter School Law (24 P. S. § 17-1703-A).

Chief school administrator—The superintendent of a public school district, executive director of an area vocational-technical school, executive director of an intermediate unit or chief executive officer of a charter school.

IEP—Individualized education program.

Incident—An instance involving one or more of the following:

(i) An act of violence.

(ii) The possession of a weapon by a person.

(iii) The possession, use or sale of a controlled substance or drug paraphernalia as defined in section 2 of The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § 780-102).

(iv) The possession, use or sale of alcohol or tobacco by a person on school property.

(v) Conduct that constitutes an offense under 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)).

Local police department—A police department having jurisdiction over school property of the school entity.

Memorandum of understanding—A confirmation of mutually agreed upon terms between two or more parties in the form of a document mutually agreed to by a school entity and a local police department as required under section 1303-A(c) of the Safe Schools Act.

Positive behavior support plan—A plan for a student with a disability or eligible young child who requires specific intervention to address behavior that interferes with learning. A plan is developed by the IEP team, based on a functional behavior assessment and becomes part of the individual eligible young child’s or student’s IEP. A plan includes methods that utilize positive reinforcement and other positive techniques to shape a student’s or eligible young child’s behavior ranging from the use of positive verbal statements as a reward for good behavior to specific tangible rewards. See § § 14.133 and 711.46 (relating to positive behavior support).

Protected handicapped student—A student who meets the definition of ‘‘protected handicapped student’’ under § 15.2 (relating to definitions), including a protected handicapped student attending a charter school, or for whom an evaluation is pending.

Safe Schools Act—Article XIII-A of the School Code (24 P. S. § § 13-1301-A—13-1313-A).

School-based diversion program—A program that, in partnership with other stakeholders, diverts youth out of the juvenile justice system. A program may include a youth aid panel in which a panel of community members decides an appropriate resolution to hold a student accountable for the student’s actions by, among other options, requiring the student to complete educational activities, community service, restitution and any other related program or service.

School Code—The Public School Code of 1949 (24 P. S. § § 1-101—27-2702).

School entity—A public school district, intermediate unit, area vocational-technical school or charter school.

School-wide positive behavior support—A school-wide, evidence-based and data-driven approach to improving school behavior that seeks to reduce unnecessary student disciplinary actions and promotes a climate of greater productivity, safety and learning.

Student with a disability—A student who meets the definition of ‘‘student with a disability’’ under § 14.101 (relating to definitions), the definition of ‘‘child with a disability’’ under § 711.1 (relating to definitions) or for whom an evaluation is pending.