Texas 2023 - 88th Regular

Texas House Bill HB195 Compare Versions

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1	1	88R19700 MEW-D
2	2	By: González of El Paso, VanDeaver H.B. No. 195
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to provisions and plans by public schools to ensure the
8	8	safety of individuals with disabilities or impairments during a
9	9	mandatory school drill or a disaster or emergency situation.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 12.104(b), Education Code, as amended by
12	12	Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.
13	13	2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular
14	14	Session, 2021, is reenacted and amended to read as follows:
15	15	(b) An open-enrollment charter school is subject to:
16	16	(1) a provision of this title establishing a criminal
17	17	offense;
18	18	(2) the provisions in Chapter 554, Government Code;
19	19	and
20	20	(3) a prohibition, restriction, or requirement, as
21	21	applicable, imposed by this title or a rule adopted under this
22	22	title, relating to:
23	23	(A) the Public Education Information Management
24	24	System (PEIMS) to the extent necessary to monitor compliance with
25	25	this subchapter as determined by the commissioner;
26	26	(B) criminal history records under Subchapter C,
27	27	Chapter 22;
28	28	(C) reading instruments and accelerated reading
29	29	instruction programs under Section 28.006;
30	30	(D) accelerated instruction under Section
31	31	28.0211;
32	32	(E) high school graduation requirements under
33	33	Section 28.025;
34	34	(F) special education programs under Subchapter
35	35	A, Chapter 29;
36	36	(G) bilingual education under Subchapter B,
37	37	Chapter 29;
38	38	(H) prekindergarten programs under Subchapter E
39	39	or E-1, Chapter 29, except class size limits for prekindergarten
40	40	classes imposed under Section 25.112, which do not apply;
41	41	(I) extracurricular activities under Section
42	42	33.081;
43	43	(J) discipline management practices or behavior
44	44	management techniques under Section 37.0021;
45	45	(K) health and safety under Chapter 38;
46	46	(L) the provisions of Subchapter A, Chapter 39;
47	47	(M) public school accountability and special
48	48	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
49	49	39, and Chapter 39A;
50	50	(N) the requirement under Section 21.006 to
51	51	report an educator's misconduct;
52	52	(O) intensive programs of instruction under
53	53	Section 28.0213;
54	54	(P) the right of a school employee to report a
55	55	crime, as provided by Section 37.148;
56	56	(Q) bullying prevention policies and procedures
57	57	under Section 37.0832;
58	58	(R) the right of a school under Section 37.0052
59	59	to place a student who has engaged in certain bullying behavior in a
60	60	disciplinary alternative education program or to expel the student;
61	61	(S) the right under Section 37.0151 to report to
62	62	local law enforcement certain conduct constituting assault or
63	63	harassment;
64	64	(T) a parent's right to information regarding the
65	65	provision of assistance for learning difficulties to the parent's
66	66	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
67	67	(U) establishment of residency under Section
68	68	25.001;
69	69	(V) school safety requirements under Sections
70	70	37.108, 37.1081, 37.1082, 37.1083, 37.109, 37.113, 37.114,
71	71	37.1141, 37.115, 37.207, and 37.2071;
72	72	(W) the early childhood literacy and mathematics
73	73	proficiency plans under Section 11.185;
74	74	(X) the college, career, and military readiness
75	75	plans under Section 11.186; and
76	76	(Y) [(X)] parental options to retain a student
77	77	under Section 28.02124.
78	78	SECTION 2. Subchapter A, Chapter 29, Education Code, is
79	79	amended by adding Section 29.0053 to read as follows:
80	80	Sec. 29.0053. INCLUSION OF ACCOMMODATIONS DURING MANDATORY
81	81	SCHOOL DRILLS IN INDIVIDUALIZED EDUCATION PROGRAM OR SECTION 504
82	82	PLAN. (a) In this section:
83	83	(1) "Committee" means a committee established under
84	84	Section 29.005(a).
85	85	(2) "Section 504 plan" means a plan created under
86	86	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794).
87	87	(3) "Team" means a team established for a student
88	88	under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section
89	89	794).
90	90	(b) In developing or modifying an individualized education
91	91	program or a Section 504 plan for a student, the student's committee
92	92	or team, as applicable, shall consider whether the student's
93	93	disabilities or impairments would require the school district to
94	94	provide any specific accommodations for the student during a
95	95	mandatory school drill required under Section 37.114. If the
96	96	student's committee or team determines that the student would
97	97	require a specific accommodation, the committee or team shall:
98	98	(1) identify each disability or impairment that
99	99	requires accommodation; and
100	100	(2) for each disability or impairment identified under
101	101	Subdivision (1), recommend specific accommodations for that
102	102	disability or impairment.
103	103	(c) In making considerations and recommendations under
104	104	Subsection (b), a committee or team must follow the guidelines
105	105	established by the agency under Section 37.1083.
106	106	(d) A student's committee or team shall provide to each
107	107	administrator with emergency planning responsibilities at the
108	108	school district and campus at which the student is enrolled the
109	109	information described by Subsections (b)(1) and (2).
110	110	(e) A committee or team may invite school district and
111	111	campus administrators with emergency planning responsibilities to
112	112	assist the committee or team in making the considerations and
113	113	recommendations described by Subsection (b).
114	114	SECTION 3. Section 37.108(f), Education Code, is amended to
115	115	read as follows:
116	116	(f) A school district shall include in its multihazard
117	117	emergency operations plan:
118	118	(1) a chain of command that designates the individual
119	119	responsible for making final decisions during a disaster or
120	120	emergency situation and identifies other individuals responsible
121	121	for making those decisions if the designated person is unavailable;
122	122	(2) provisions that address physical and
123	123	psychological safety for responding to a natural disaster, active
124	124	shooter, and any other dangerous scenario identified for purposes
125	125	of this section by the agency or the Texas School Safety Center;
126	126	(3) provisions for ensuring the safety of students in
127	127	portable buildings;
128	128	(4) provisions for ensuring that students and district
129	129	personnel with disabilities are provided equal access to safety
130	130	during a disaster or emergency situation based on the guidelines
131	131	established by the agency under Section 37.1083;
132	132	(5) provisions for providing immediate notification
133	133	to parents, guardians, and other persons standing in parental
134	134	relation in circumstances involving a significant threat to the
135	135	health or safety of students, including identification of the
136	136	individual with responsibility for overseeing the notification;
137	137	(6) provisions for supporting the psychological
138	138	safety of students, district personnel, and the community during
139	139	the response and recovery phase following a disaster or emergency
140	140	situation that:
141	141	(A) are aligned with best practice-based
142	142	programs and research-based practices recommended under Section
143	143	38.351;
144	144	(B) include strategies for ensuring any required
145	145	professional development training for suicide prevention and
146	146	grief-informed and trauma-informed care is provided to appropriate
147	147	school personnel;
148	148	(C) include training on integrating
149	149	psychological safety and suicide prevention strategies into the
150	150	district's plan, such as psychological first aid for schools
151	151	training, from an approved list of recommended training established
152	152	by the commissioner and Texas School Safety Center for:
153	153	(i) members of the district's school safety
154	154	and security committee under Section 37.109;
155	155	(ii) district school counselors and mental
156	156	health professionals; and
157	157	(iii) educators and other district
158	158	personnel as determined by the district;
159	159	(D) include strategies and procedures for
160	160	integrating and supporting physical and psychological safety that
161	161	align with the provisions described by Subdivision (2); and
162	162	(E) implement trauma-informed policies;
163	163	(7) a policy for providing a substitute teacher access
164	164	to school campus buildings and materials necessary for the
165	165	substitute teacher to carry out the duties of a district employee
166	166	during an emergency or a mandatory emergency drill; and
167	167	(8) the name of each individual on the district's
168	168	school safety and security committee established under Section
169	169	37.109 and the date of each committee meeting during the preceding
170	170	year.
171	171	SECTION 4. Subchapter D, Chapter 37, Education Code, is
172	172	amended by adding Section 37.1083 to read as follows:
173	173	Sec. 37.1083. GUIDELINES FOR SCHOOL DRILL ACCOMMODATIONS
174	174	AND MULTIHAZARD EMERGENCY OPERATIONS PLAN PROVISIONS FOR
175	175	INDIVIDUALS WITH DISABILITIES OR IMPAIRMENTS. (a) The agency
176	176	shall establish guidelines for:
177	177	(1) the considerations and recommendations required
178	178	under Section 29.0053 regarding accommodations for a student with
179	179	an individualized education program or a plan created under Section
180	180	504, Rehabilitation Act of 1973 (29 U.S.C. Section 794); and
181	181	(2) the required provisions in a school district's
182	182	multihazard emergency operations plan under Section 37.108(f)(4)
183	183	to ensure the safety of students and district personnel with
184	184	disabilities or impairments during a disaster or emergency
185	185	situation.
186	186	(b) In establishing guidelines under Subsection (a), the
187	187	agency shall consult with:
188	188	(1) the Texas School Safety Center;
189	189	(2) regional education service centers;
190	190	(3) public school educators and administrators who
191	191	work with students with disabilities or impairments; and
192	192	(4) advocacy groups representing individuals with
193	193	disabilities or impairments.
194	194	(c) A school district must follow the guidelines
195	195	established by the agency under Subsection (a)(2) in adopting and
196	196	implementing the district's multihazard emergency operations plan
197	197	under Section 37.108.
198	198	SECTION 5. As soon as practicable after the effective date
199	199	of this Act but not later than December 1, 2023, the Texas Education
200	200	Agency shall establish the guidelines required by Section 37.1083,
201	201	Education Code, as added by this Act.
202	202	SECTION 6. To the extent of any conflict, this Act prevails
203	203	over another Act of the 88th Legislature, Regular Session, 2023,
204	204	relating to nonsubstantive additions to and corrections in enacted
205	205	codes.
206	206	SECTION 7. Section 29.0053, Education Code, as added by
207	207	this Act, applies beginning with the 2024-2025 school year.
208	208	SECTION 8. This Act takes effect immediately if it receives
209	209	a vote of two-thirds of all the members elected to each house, as
210	210	provided by Section 39, Article III, Texas Constitution. If this
211	211	Act does not receive the vote necessary for immediate effect, this
212	212	Act takes effect September 1, 2023.