By: Blanco, West S.B. No. 168
A BILL TO BE ENTITLED
AN ACT
relating to emergency school drills and exercises conducted by
public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.114, Education Code, is amended to
read as follows:
Sec. 37.114. BEST PRACTICES FOR EMERGENCY SCHOOL DRILLS AND
EXERCISES [EVACUATIONS]; MANDATORY SCHOOL DRILLS. The
commissioner, in consultation with the Texas School Safety Center
and the state fire marshal, shall adopt rules:
(1) providing best practices [procedures] for
conducting [evacuating and securing school property during an]
emergency school drills and exercises, including definitions for
relevant terms; and
(2) designating the number of mandatory school drills
to be conducted each semester of the school year, not to exceed
eight drills, including designating the number of:
(A) evacuation fire exit drills; and
(B) lockdown, lockout, shelter-in-place, and
evacuation drills.
SECTION 2. Subchapter D, Chapter 37, Education Code, is
amended by adding Section 37.1141 to read as follows:
Sec. 37.1141. ACTIVE THREAT EXERCISES. (a) Before a school
district may conduct an active threat exercise, including an active
shooter simulation, the district shall ensure that:
(1) adequate notice of the exercise is provided to
students expected to participate in the exercise, the parents of
those students, and staff likely to be part of the exercise,
including information regarding:
(A) the date on which the exercise will occur;
(B) the content, form, and tone of the exercise;
and
(C) whether the exercise will include a live
simulation that mimics or appears to be an actual shooting
incident;
(2) the exercise is announced to students and faculty
before the start of the exercise, including, if applicable, an
announcement that the exercise will include a live simulation that
mimics or appears to be an actual threat, such as a shooting
incident;
(3) first responder organizations that would likely
respond in the event of a false report or alarm are notified
regarding the exercise;
(4) a safe zone is created around the area in which the
exercise will be conducted to keep out actual firearms, ammunition,
and other weapons, other than firearms, ammunition, or other
weapons carried by a peace officer, school resource officer, or
school marshal or any other person authorized by the district to
carry those items on school grounds;
(5) the content of the exercise:
(A) is age appropriate and developmentally
appropriate;
(B) has been developed by a team of school
administrators, teachers, school-based mental health
professionals, and law enforcement officers, with input from
parents and students; and
(C) is designed to support the well-being of
students who participate in the exercise before, during, and after
the exercise is conducted; and
(6) data regarding the efficacy and impact of the
exercise will be tracked, including any feedback regarding the
exercise from students, staff, or family members of students or
staff.
(b) Subsection (a)(4) may not be construed to prohibit a
parent, legal guardian, or other person acting on a parent's or
legal guardian's behalf from transporting or storing in the
person's motor vehicle a firearm, ammunition, or other weapon that
the person is legally authorized to possess while the person is
picking up a child from school.
(c) A school district shall submit data collected under
Subsection (a)(6) to the Texas School Safety Center.
(d) The commissioner may adopt rules as necessary to
implement this section.
SECTION 3. Section 12.104(b), Education Code, as amended by
Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), and 943
(H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, is
reenacted and amended to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) the provisions in Chapter 554, Government Code;
and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) public school accountability under
Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
(M) the requirement under Section 21.006 to
report an educator's misconduct;
(N) intensive programs of instruction under
Section 28.0213;
(O) the right of a school employee to report a
crime, as provided by Section 37.148;
(P) bullying prevention policies and procedures
under Section 37.0832;
(Q) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
(R) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(S) a parent's right to information regarding the
provision of assistance for learning difficulties to the parent's
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(T) establishment of residency under Section
25.001;
(U) [(T)] school safety requirements under
Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114,
37.1141, 37.115, 37.207, and 37.2071;
(V) [(T)] the early childhood literacy and
mathematics proficiency plans under Section 11.185; and
(W) [(U)] the college, career, and military
readiness plans under Section 11.186.
SECTION 4. This Act applies beginning with the 2021-2022
school year.
SECTION 5. To the extent of any conflict, this Act prevails
over another Act of the 87th Legislature, Regular Session, 2021,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.