Common use of Mandatory Notification Clause in Contracts

Mandatory Notification. 1. The School Entity shall immediately notify the Law Enforcement Authority having jurisdiction where the offense occurred by the most expeditious means practicable of any of the following incidents occurring 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: a. The following offenses under 18 Pa.C.S. (relating to crimes and offenses): i. Section 908 (relating to prohibited offensive weapons). a. The term offensive weapon is defined by section 908 of the Crimes Code as any 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, laser 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.C.S. § 908 (c) (relating to definitions). b. 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 taken it from an aggressor, or under circumstances similarly negating any intent or likelihood that the weapon would be used unlawfully. ii. Section 912 (relating to possession of weapon on school property). a. 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. b. 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. iii. Chapter 25 (relating to criminal homicide). iv. Section 2702 (relating to aggravated assault). v. Section 2709.1 (relating to stalking). vi. Section 2901 (relating to kidnapping). vii. Section 2902 (relating to unlawful restraint). viii. Section 3121 (relating to rape). ix. Section 3122.1 (relating to statutory sexual assault). x. Section 3123 (relating to involuntary deviate sexual intercourse). xi. Section 3124.1 (relating to sexual assault). xii. Section 3124.2 (relating to institutional sexual assault). xiii. Section 3125 (relating to aggravated indecent assault). xiv. Section 3126 (relating to indecent assault). xv. Section 3301 (relating to arson and related offenses) xvi. Section 3307 (relating to institutional vandalism), when the penalty is a felony of the third degree. xvii. Section 3502 (relating to burglary). xix. Section 5501 (relating to riot). b. The possession, use or sale of a controlled substance, designer drug or drug paraphernalia as defined in The Controlled Substance, Drug, Device and Cosmetic Act, as amended, 35 P.S. §§ 780-101 - 780-144, popularly known as the Drug Act. For purposes of the Memorandum, the terms controlled substance, designer drug and drug paraphernalia shall be defined as they are in Section 102 of the Drug Act. See 35 P.S. § 780-102 (relating to definitions). c. Attempt, solicitation or conspiracy to commit any of the offenses listed in paragraphs 1 and 2 of this subsection. d. An offense for which registration is required under 42 Pa.C.S. § 9795.1 (relating to registration). 2. In responding to student who commit an incident listed under section 1303- A(b)(4.1) of the Safe Schools Act (24 P.S. § 13-1303-A(b)(4.1)), a school entity may consider the propriety of utilizing available school-based program, such as school-wide positive behavior supports, to address the student's behavior. Nothing in this provision shall be read to limit law enforcement's discretion.

Appears in 3 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding

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Mandatory Notification. 1. The School Entity shall immediately notify the Law Enforcement Authority having jurisdiction where the offense occurred by the most expeditious means practicable of any of the following incidents occurring 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: a. The following offenses under 18 Pa.C.S. C.S (relating to crimes and offenses): i. Section 908 (relating to prohibited offensive weapons). a. The term ''offensive weapon weapon'' is defined by section 908 of the Crimes Code as ''any 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, laser 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.C.S. § 908 (c908(c) (relating to Pa.C.S. § definitions). b. 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. ii. Section 912 (relating to possession of weapon on school property). a. The term weapon ''weapon'' is defined by section 912 of the Crimes Code to include include, but is not limited to, a knife, cutting instrument, cutting tool, nunchuck nun-xxxxx stick, firearm, shotgun, rifle and any other tool, instrument or implement capable of inflicting serious bodily injury. b. Consistent with section 912(c) of the Crimes Code (relating to b. 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. iii. Chapter 25 (relating to criminal homicide). iv. Section 2702 (relating to aggravated assault). v. Section 2709.1 (relating to stalking). vi. Section 2901 (relating to kidnapping). vii. Section 2902 (relating to unlawful restraint). viii. Section 3121 (relating to rape). ix. Section 3122.1 (relating to statutory sexual assault). x. Section 3123 (relating to involuntary deviate sexual intercourse). xi. Section 3124.1 (relating to sexual assault). xii. Section 3124.2 (relating to institutional sexual assault). xiii. Section 3125 (relating to aggravated indecent assault). xiv. Section 3126 (relating to indecent assault). xv. Section 3301 (relating to arson and related offenses). xvi. Section 3307 (relating to institutional vandalism), when the penalty grading is a felony of the third degreedegree felony. xvii. Section 3502 (relating to burglary). xviii. Section 3503(a) and (b) (1) (v) (relating to criminal trespass). xix. Section 5501 (relating to riot). b. xx. Section 6110.1 (relating to possession of firearm by minor). c. The possession, use or sale of a controlled substance, designer drug or drug paraphernalia as defined in The Controlled Substance, Drug, Device Device, and Cosmetic Act, ,” as amended, 35 P.S. §§ 780-101 - 780101–780-144, popularly known as the Drug Act. .” For purposes of the Memorandum, the terms controlled substance, designer drug” and “drug and drug paraphernalia paraphernalia” shall be defined as they are in Section section 102 of the Drug Act. See 35 P.S. § 780-102 (relating to definitions). c. d. Attempt, solicitation or conspiracy to commit any of the offenses listed in paragraphs 1 and 2 of this subsection. d. e. An offense for which registration is required under 42 Pa.C.S. § 9795.1 (relating to registration). 2. In responding to student students who commit an incident listed under section 1303- 1303-A(b)(4.1) of the Safe Schools Act (24 P.S. § 13-1303-A(b)(4.1)), a school entity may consider the propriety of utilizing available school-based programprograms, such as school-wide positive behavior supports, to address the student's behavior. Nothing in this provision shall be read to limit law enforcement's discretion. 3. Recommended Notification of Non Mandatory Incidents The School Entity should notify the Law Enforcement Authority having jurisdiction where the incident occurred of any of the following incidents occurring 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: a. The following offenses under 18 Pa. C.S (relating to crimes and offenses): i. Chapter 26 (relating to crimes against an unborn child) ii. Section 2701 (relating to simple assault) iii. Section 2705 (relating to recklessly endangering another person) iv. Section 2706 (relating to terroristic threats) v. Section 2709 (relating to harassment) vi. Section 2710 (relating to ethnic intimidation) vii. Section 2715 (threat to use weapon of mass destruction) viii. Section 2716 (weapon of mass destruction) ix. Section 2718 (strangulation) x. Section 2802 (related to hazing) xi. Section 2803 (relating to aggravated hazing) xii. Section 3011 (relating to trafficking in individuals) xiii. Section 3127 (relating to indecent exposure) xiv. Section 3131 (unlawful dissemination intimate images)

Appears in 1 contract

Samples: Memorandum of Understanding

Mandatory Notification. 1. The School Entity shall immediately notify the Law Enforcement Authority having jurisdiction where the offense occurred by the most expeditious means practicable of any of the following incidents occurring 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: a. a) The following offenses under 18 Pa.C.S. (relating to crimes and offenses): i. (1) Section 908 (relating to prohibited offensive weapons). a. (a) The term offensive weapon is defined by section 908 of the Crimes Code as any 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- push-button, spring mechanism, or otherwise, any stun gun, stun baton, laser 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.C.S. § 908 (c) (relating to definitions). b. (b) 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 taken it from an aggressor, or under circumstances similarly negating any intent or likelihood that the weapon would be used unlawfully. ii. (2) Section 912 (relating to possession of weapon on school property). a. (a) 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. b. (b) 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. iii. (3) Chapter 25 (relating to criminal homicide). iv. (4) Section 2702 (relating to aggravated assault). v. (5) Section 2709.1 (relating to stalking). vi. (6) Section 2901 (relating to kidnapping). vii. (7) Section 2902 (relating to unlawful restraint). viii. (8) Section 3121 (relating to rape). ix. (9) Section 3122.1 (relating to statutory sexual assault). x. (10) Section 3123 (relating to involuntary deviate sexual intercourse). xi. (11) Section 3124.1 (relating to sexual assault). xii. (12) Section 3124.2 (relating to institutional sexual assault). xiii. (13) Section 3125 (relating to aggravated indecent assault). xiv. (14) Section 3126 (relating to indecent assault). xv. (15) Section 3301 (relating to arson and related offenses) xvi. (16) Section 3307 (relating to institutional vandalism), when the penalty is a felony of the third degree. xvii. (17) Section 3502 (relating to burglary). xix. . (18) Section 3503(a) and (b)(1)(v)(relating to criminal trespass). (19) Section 5501 (relating to riot). b. (20) Section 6110.1 (relating to possession of firearm by minor) b) The possession, use or sale of a controlled substance, designer drug or drug paraphernalia as defined in The Controlled Substance, Drug, Device and Cosmetic Act, as amended, 35 P.S. §§ 780-101 - 780-144, popularly known as the Drug Act. For purposes of the Memorandum, the terms controlled substance, designer drug and drug paraphernalia shall be defined as they are in Section 102 of the Drug Act. See 35 P.S. § 780-102 (relating to definitions). c. c) Attempt, solicitation or conspiracy to commit any of the offenses listed in paragraphs 1 and 2 of this subsection. d. d) An offense for which registration is required under 42 Pa.C.S. § 9795.1 (relating to registration). 2. In responding to student who commit an incident listed under section 1303- 1303-A(b)(4.1) of the Safe Schools Act (24 P.S. § 13-1303-A(b)(4.1)), a school entity may consider the propriety of utilizing available school-based program, such as school-wide positive behavior supports, to address the student's ’s behavior. Nothing in this provision shall be read to limit law enforcement's ’s discretion.

Appears in 1 contract

Samples: Memorandum of Understanding

Mandatory Notification. 1. The School Entity shall immediately notify the Law Enforcement Authority having jurisdiction where the offense occurred by the most expeditious means practicable of any of the following incidents occurring 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: a. The following offenses under 18 Pa.C.S. C.S (relating to crimes and offenses): i. Section 908 (relating to prohibited offensive weapons). a. 1) The term ‘‘offensive weapon weapon’’ is defined by section 908 of the Crimes Code as any ‘‘[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- push-button, spring mechanism, or otherwise, any stun gun, stun baton, laser 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.C.S. § 908 (c§908(c) (relating to definitions). b. 2) 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. ii. Section 912 (relating to possession of weapon on school property). a. 1) The term weapon ‘‘weapon’’ is defined by section 912 of the Crimes Code to include 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. b. 2) 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. iii. Chapter 25 (relating to criminal homicide). iv. Section 2702 (relating to aggravated assault). v. Section 2709.1 (relating to stalking). vi. Section 2901 (relating to kidnapping). vii. Section 2902 (relating to unlawful restraint). viii. Section 3121 (relating to rape). ix. Section 3122.1 (relating to statutory sexual assault). x. Section 3123 (relating to involuntary deviate sexual intercourse). xi. Section 3124.1 (relating to sexual assault). xii. Section 3124.2 (relating to institutional sexual assault). xiii. Section 3125 (relating to aggravated indecent assault). xiv. Section 3126 (relating to indecent assault). xv. Section 3301 (relating to arson and related offenses). xvi. Section 3307 (relating to institutional vandalism), when the penalty is a felony of the third degree. xvii. Section 3502 (relating to burglary). xviii. Section 3503(a) and (b)(1)(v) (relating to criminal trespass). xix. Section 5501 (relating to riot). xx. Section 6110.1 (relating to possession of firearm by minor). b. The possession, use or sale of a controlled substance, designer drug or drug paraphernalia as defined in ‘‘The Controlled Substance, Drug, Device and Cosmetic Act, ,’’ as amended, 35 P.S. P. S. §§ §780-101 - 780101—780-144, popularly known as the ‘‘Drug Act. .’’ For purposes of the this Memorandum, the terms ‘‘controlled substance’’, ‘‘designer drug’’ and ‘‘drug and drug paraphernalia paraphernalia’’ shall be defined as they are in Section section 102 of the Drug Act. See 35 P.S. § P. S. §780-102 (relating to definitions). c. Attempt, solicitation or conspiracy to commit any of the offenses listed in paragraphs 1 and 2 of this subsection. d. An offense for which registration is required under 42 Pa.C.S. § §9795.1 (relating to registration). 2. In responding to student students who commit an incident listed under section 1303- 1303-A(b)(4.1) of the Safe Schools Act (24 P.S. § P. S. §13-1303-A(b)(4.1)), a school entity may consider the propriety of utilizing available school-based programprograms, such as school-wide positive behavior supports, to address the student's ’s behavior. Nothing in this provision shall be read to limit law enforcement's ’s discretion.

Appears in 1 contract

Samples: Memorandum of Understanding

Mandatory Notification. 1. The School Entity shall immediately notify the Law Enforcement Authority having jurisdiction where the offense occurred by the most expeditious means practicable of any of the following incidents occurring 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: a. The following offenses under 18 Pa.C.S. (relating to crimes and offenses): i. Section 908 (relating to prohibited offensive weapons). a. The term offensive weapon is defined by section 908 of the Crimes Code as any 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- push-button, spring mechanism, or otherwise, any stun gun, stun baton, laser 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.C.S. § 908 (c) (relating to definitions). b. 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 taken it from an aggressor, or under circumstances similarly negating any intent or likelihood that the weapon would be used unlawfully. ii. Section 912 (relating to possession of weapon on school property). a. 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. b. 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. iii. Chapter 25 (relating to criminal homicide). iv. Section 2702 (relating to aggravated assault). v. Section 2709.1 (relating to stalking). vi. Section 2901 (relating to kidnapping). vii. Section 2902 (relating to unlawful restraint). viii. Section 3121 (relating to rape). ix. Section 3122.1 (relating to statutory sexual assault). x. Section 3123 (relating to involuntary deviate sexual intercourse). xi. Section 3124.1 (relating to sexual assault). xii. Section 3124.2 (relating to institutional sexual assault). xiii. Section 3125 (relating to aggravated indecent assault). xiv. Section 3126 (relating to indecent assault). xv. Section 3301 (relating to arson and related offenses) xvi. Section 3307 (relating to institutional vandalism), when the penalty is a felony of the third degree. xvii. Section 3502 (relating to burglary). xix. Section 5501 (relating to riot). b. The possession, use or sale of a controlled substance, designer drug or drug paraphernalia as defined in The Controlled Substance, Drug, Device and Cosmetic Act, as amended, 35 P.S. §§ 780-101 - 780-144, popularly known as the Drug Act. For purposes of the Memorandum, the terms controlled substance, designer drug and drug paraphernalia shall be defined as they are in Section 102 of the Drug Act. See 35 P.S. § 780-102 (relating to definitions). c. Attempt, solicitation or conspiracy to commit any of the offenses listed in paragraphs 1 and 2 of this subsection. d. An offense for which registration is required under 42 Pa.C.S. § 9795.1 (relating to registration). 2. In responding to student who commit an incident listed under section 1303- A(b)(4.1) of the Safe Schools Act (24 P.S. § 13-1303-A(b)(4.1)), a school entity may consider the propriety of utilizing available school-based program, such as school-wide positive behavior supports, to address the student's behavior. Nothing in this provision shall be read to limit law enforcement's discretion.

Appears in 1 contract

Samples: Memorandum of Understanding

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Mandatory Notification. 1. The School Entity shall immediately notify the Law Enforcement Authority having jurisdiction where the offense occurred by the most expeditious means practicable of any of the following incidents occurring 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: a. The following offenses under 18 Pa.C.S. (relating to crimes and offenses):): Exhibit E i. Section 908 (relating to prohibited offensive weapons). a. The term offensive weapon is defined by section 908 of the Crimes Code as any 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- push-button, spring mechanism, or otherwise, any stun gun, stun baton, laser 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.C.S. § 908 (c) (relating to definitions). b. 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 taken it from an aggressor, or under circumstances similarly negating any intent or likelihood that the weapon would be used unlawfully. ii. Section 912 (relating to possession of weapon on school property). a. 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. b. 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. iii. Chapter 25 (relating to criminal homicide). iv. Section 2702 (relating to aggravated assault). v. Section 2709.1 (relating to stalking). vi. Section 2901 (relating to kidnapping). vii. Section 2902 (relating to unlawful restraint). viii. Section 3121 (relating to rape). ix. Section 3122.1 (relating to statutory sexual assault). x. Section 3123 (relating to involuntary deviate sexual intercourse). xi. Section 3124.1 (relating to sexual assault).. Exhibit E xii. Section 3124.2 (relating to institutional sexual assault). xiii. Section 3125 (relating to aggravated indecent assault). xiv. Section 3126 (relating to indecent assault). xv. Section 3301 (relating to arson and related offenses) xvi. Section 3307 (relating to institutional vandalism), when the penalty is a felony of the third degree. xvii. Section 3502 (relating to burglary). xviii. Section 3503(a) and (b)(1)(v)(relating to criminal trespass). xix. Section 5501 (relating to riot). xx. Section 6110.1 (relating to possession of firearm by minor). b. The possession, use or sale of a controlled substance, designer drug or drug paraphernalia as defined in The Controlled Substance, Drug, Device and Cosmetic Act, as amended, 35 P.S. §§ 780-101 - 780-144, popularly known as the Drug Act. For purposes of the Memorandum, the terms controlled substance, designer drug and drug paraphernalia shall be defined as they are in Section 102 of the Drug Act. See 35 P.S. § 780-102 (relating to definitions). c. Attempt, solicitation or conspiracy to commit any of the offenses listed in paragraphs 1 and 2 of this subsection. d. An offense for which registration is required under 42 Pa.C.S. § 9795.1 (relating to registration). 2. In responding to student who commit an incident listed under section 1303- 1303-A(b)(4.1) of the Safe Schools Act (24 P.S. § 13-1303-A(b)(4.1)), a school entity may consider the propriety of utilizing available school-based program, such as school-wide positive behavior supports, to address the student's ’s behavior. Nothing in this provision shall be read to limit law enforcement's ’s discretion.

Appears in 1 contract

Samples: Memorandum of Understanding

Mandatory Notification. 1. The School Entity shall immediately notify the Law Enforcement Authority having jurisdiction where the offense occurred by the most expeditious means practicable of any of the following incidents occurring 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: a. The following offenses under 18 Pa.C.S. (relating to crimes and offenses): i. Section 908 (relating to prohibited offensive weapons). a. The term offensive weapon is defined by section 908 of the Crimes Code as any 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- push-button, spring mechanism, or otherwise, any stun gun, stun baton, laser 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.C.S. § 908 (c) (relating to definitions). b. 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 taken it from an aggressor, or under circumstances similarly negating any intent or likelihood that the weapon would be used unlawfully. ii. Section 912 (relating to possession of weapon on school property). a. 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. b. 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. iii. Chapter 25 (relating to criminal homicide). iv. Section 2702 (relating to aggravated assault). v. Section 2709.1 (relating to stalking). vi. Section 2901 (relating to kidnapping). vii. Section 2902 (relating to unlawful restraint). viii. Section 3121 (relating to rape). ix. Section 3122.1 (relating to statutory sexual assault). x. Section 3123 (relating to involuntary deviate sexual intercourse). xi. Section 3124.1 (relating to sexual assault). xii. Section 3124.2 (relating to institutional sexual assault). xiii. Section 3125 (relating to aggravated indecent assault). xiv. Section 3126 (relating to indecent assault). xv. Section 3301 (relating to arson and related offenses) xvi. Section 3307 (relating to institutional vandalism), when the penalty is a felony of the third degree. xvii. Section 3502 (relating to burglary). xviii. Section 3503(a) and (b)(1)(v)(relating to criminal trespass). xix. Section 5501 (relating to riot). xx. Section 6110.1 (relating to possession of firearm by minor). b. The possession, use or sale of a controlled substance, designer drug or drug paraphernalia as defined in The Controlled Substance, Drug, Device and Cosmetic Act, as amended, 35 P.S. §§ 780-101 - 780-144, popularly known as the Drug Act. For purposes of the Memorandum, the terms controlled substance, designer drug and drug paraphernalia shall be defined as they are in Section 102 of the Drug Act. See 35 P.S. § 780-102 (relating to definitions). c. Attempt, solicitation or conspiracy to commit any of the offenses listed in paragraphs 1 and 2 of this subsection. d. An offense for which registration is required under 42 Pa.C.S. § 9795.1 (relating to registration). 2. In responding to student who commit an incident listed under section 1303- 1303-A(b)(4.1) of the Safe Schools Act (24 P.S. § 13-1303-A(b)(4.1)), a school entity may consider the propriety of utilizing available school-based program, such as school-wide positive behavior supports, to address the student's ’s behavior. Nothing in this provision shall be read to limit law enforcement's ’s discretion.

Appears in 1 contract

Samples: Memorandum of Understanding

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