1 | 1 | | H.B. No. 3 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to measures for ensuring public school safety, including |
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6 | 6 | | the development and implementation of purchases relating to and |
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7 | 7 | | funding for public school safety and security requirements and the |
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8 | 8 | | provision of safety-related resources. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 7.028(a), Education Code, is amended to |
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11 | 11 | | read as follows: |
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12 | 12 | | (a) Except as provided by Section 21.006(k), 22.093(l), |
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13 | 13 | | 22.096, 28.006, 29.001(5), 29.010(a), 33.006(h), 37.1083, 37.1084, |
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14 | 14 | | 38.003, or 39.003, the agency may monitor compliance with |
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15 | 15 | | requirements applicable to a process or program provided by a |
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16 | 16 | | school district, campus, program, or school granted charters under |
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17 | 17 | | Chapter 12, including the process described by Subchapter F, |
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18 | 18 | | Chapter 11, or a program described by Subchapter B, C, D, E, F, H, or |
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19 | 19 | | I, Chapter 29, or Subchapter A, Chapter 37, only as necessary to |
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20 | 20 | | ensure: |
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21 | 21 | | (1) compliance with federal law and regulations; |
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22 | 22 | | (2) financial accountability, including compliance |
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23 | 23 | | with grant requirements; |
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24 | 24 | | (3) data integrity for purposes of: |
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25 | 25 | | (A) the Public Education Information Management |
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26 | 26 | | System (PEIMS); and |
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27 | 27 | | (B) accountability under Chapters 39 and 39A; and |
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28 | 28 | | (4) qualification for funding under Chapter 48. |
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29 | 29 | | SECTION 2. Sections 7.061(b) and (c), Education Code, are |
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30 | 30 | | amended to read as follows: |
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31 | 31 | | (b) The commissioner shall adopt or amend rules as necessary |
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32 | 32 | | to ensure that facilities [building] standards for new and existing |
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33 | 33 | | instructional facilities and other school district and |
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34 | 34 | | open-enrollment charter school facilities, including construction |
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35 | 35 | | quality, performance, operational, and other standards related to |
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36 | 36 | | the safety and security of school facilities, provide a secure and |
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37 | 37 | | safe environment. In adopting or amending rules under this |
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38 | 38 | | section, the commissioner shall include the use of best practices |
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39 | 39 | | for: |
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40 | 40 | | (1) the design and construction of new facilities; and |
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41 | 41 | | (2) the improvement, renovation, and retrofitting of |
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42 | 42 | | existing facilities. |
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43 | 43 | | (c) Not later than September 1 of each even-numbered year, |
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44 | 44 | | the commissioner shall review all rules adopted or amended under |
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45 | 45 | | this section and amend the rules as necessary to ensure that |
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46 | 46 | | facilities [building] standards for school district and |
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47 | 47 | | open-enrollment charter school facilities continue to provide a |
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48 | 48 | | secure and safe environment. The commissioner shall, in |
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49 | 49 | | consultation with the Texas School Safety Center, identify and |
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50 | 50 | | adopt any changes recommended under Section 37.221. |
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51 | 51 | | SECTION 3. Subchapter B, Chapter 8, Education Code, is |
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52 | 52 | | amended by adding Section 8.064 to read as follows: |
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53 | 53 | | Sec. 8.064. SCHOOL SAFETY SUPPORT. (a) A regional |
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54 | 54 | | education service center shall act as a school safety resource, |
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55 | 55 | | using materials and resources developed by the Texas School Safety |
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56 | 56 | | Center or the agency in accordance with Chapter 37, for school |
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57 | 57 | | districts and open-enrollment charter schools in the region served |
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58 | 58 | | by the center. The center may assist a school district or |
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59 | 59 | | open-enrollment charter school directly or in collaboration with |
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60 | 60 | | the Texas School Safety Center and local law enforcement agencies, |
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61 | 61 | | as applicable: |
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62 | 62 | | (1) in developing and implementing a multihazard |
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63 | 63 | | emergency operations plan under Section 37.108; |
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64 | 64 | | (2) in establishing a school safety and security |
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65 | 65 | | committee under Section 37.109; |
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66 | 66 | | (3) in conducting emergency school drills and |
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67 | 67 | | exercises; |
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68 | 68 | | (4) in addressing deficiencies in campus security |
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69 | 69 | | identified by a school safety review team under Section 37.1084; |
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70 | 70 | | and |
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71 | 71 | | (5) by providing guidance on any other matter relating |
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72 | 72 | | to school safety and security. |
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73 | 73 | | (b) A regional education service center: |
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74 | 74 | | (1) shall provide assistance as necessary to the |
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75 | 75 | | region's school safety review team established under Section |
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76 | 76 | | 37.1084; and |
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77 | 77 | | (2) may provide assistance as necessary to school |
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78 | 78 | | districts and open-enrollment charter schools in the region served |
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79 | 79 | | by the center through the direct provision of positive behavioral |
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80 | 80 | | interventions and supports to a student enrolled in one of those |
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81 | 81 | | districts or schools to mitigate or prevent future harmful, |
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82 | 82 | | threatening, or violent behavior by the student. |
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83 | 83 | | SECTION 4. Section 12.104(b), Education Code, as amended by |
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84 | 84 | | Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B. |
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85 | 85 | | 2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular |
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86 | 86 | | Session, 2021, is reenacted and amended to read as follows: |
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87 | 87 | | (b) An open-enrollment charter school is subject to: |
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88 | 88 | | (1) a provision of this title establishing a criminal |
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89 | 89 | | offense; |
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90 | 90 | | (2) the provisions in Chapter 554, Government Code; |
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91 | 91 | | and |
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92 | 92 | | (3) a prohibition, restriction, or requirement, as |
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93 | 93 | | applicable, imposed by this title or a rule adopted under this |
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94 | 94 | | title, relating to: |
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95 | 95 | | (A) the Public Education Information Management |
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96 | 96 | | System (PEIMS) to the extent necessary to monitor compliance with |
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97 | 97 | | this subchapter as determined by the commissioner; |
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98 | 98 | | (B) criminal history records under Subchapter C, |
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99 | 99 | | Chapter 22; |
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100 | 100 | | (C) reading instruments and accelerated reading |
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101 | 101 | | instruction programs under Section 28.006; |
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102 | 102 | | (D) accelerated instruction under Section |
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103 | 103 | | 28.0211; |
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104 | 104 | | (E) high school graduation requirements under |
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105 | 105 | | Section 28.025; |
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106 | 106 | | (F) special education programs under Subchapter |
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107 | 107 | | A, Chapter 29; |
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108 | 108 | | (G) bilingual education under Subchapter B, |
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109 | 109 | | Chapter 29; |
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110 | 110 | | (H) prekindergarten programs under Subchapter E |
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111 | 111 | | or E-1, Chapter 29, except class size limits for prekindergarten |
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112 | 112 | | classes imposed under Section 25.112, which do not apply; |
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113 | 113 | | (I) extracurricular activities under Section |
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114 | 114 | | 33.081; |
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115 | 115 | | (J) discipline management practices or behavior |
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116 | 116 | | management techniques under Section 37.0021; |
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117 | 117 | | (K) health and safety under Chapter 38; |
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118 | 118 | | (L) the provisions of Subchapter A, Chapter 39; |
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119 | 119 | | (M) public school accountability and special |
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120 | 120 | | investigations under Subchapters A, B, C, D, F, G, and J, Chapter |
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121 | 121 | | 39, and Chapter 39A; |
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122 | 122 | | (N) the requirement under Section 21.006 to |
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123 | 123 | | report an educator's misconduct; |
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124 | 124 | | (O) intensive programs of instruction under |
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125 | 125 | | Section 28.0213; |
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126 | 126 | | (P) the right of a school employee to report a |
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127 | 127 | | crime, as provided by Section 37.148; |
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128 | 128 | | (Q) bullying prevention policies and procedures |
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129 | 129 | | under Section 37.0832; |
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130 | 130 | | (R) the right of a school under Section 37.0052 |
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131 | 131 | | to place a student who has engaged in certain bullying behavior in a |
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132 | 132 | | disciplinary alternative education program or to expel the student; |
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133 | 133 | | (S) the right under Section 37.0151 to report to |
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134 | 134 | | local law enforcement certain conduct constituting assault or |
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135 | 135 | | harassment; |
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136 | 136 | | (T) a parent's right to information regarding the |
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137 | 137 | | provision of assistance for learning difficulties to the parent's |
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138 | 138 | | child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); |
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139 | 139 | | (U) establishment of residency under Section |
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140 | 140 | | 25.001; |
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141 | 141 | | (V) school safety requirements under Sections |
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142 | 142 | | 37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085, |
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143 | 143 | | 37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and |
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144 | 144 | | 37.2071 and Subchapter J, Chapter 37; |
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145 | 145 | | (W) the early childhood literacy and mathematics |
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146 | 146 | | proficiency plans under Section 11.185; |
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147 | 147 | | (X) the college, career, and military readiness |
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148 | 148 | | plans under Section 11.186; and |
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149 | 149 | | (Y) [(X)] parental options to retain a student |
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150 | 150 | | under Section 28.02124. |
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151 | 151 | | SECTION 5. Subchapter Z, Chapter 22, Education Code, is |
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152 | 152 | | amended by adding Section 22.904 to read as follows: |
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153 | 153 | | Sec. 22.904. MENTAL HEALTH TRAINING. (a) Except as |
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154 | 154 | | otherwise provided by this section, a school district shall require |
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155 | 155 | | each district employee who regularly interacts with students |
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156 | 156 | | enrolled at the district to complete an evidence-based mental |
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157 | 157 | | health training program designed to provide instruction to |
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158 | 158 | | participants regarding the recognition and support of children and |
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159 | 159 | | youth who experience a mental health or substance use issue that may |
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160 | 160 | | pose a threat to school safety. |
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161 | 161 | | (b) A school district may not require a district employee |
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162 | 162 | | who has previously completed mental health training offered by a |
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163 | 163 | | local mental health authority under Section 1001.203, Health and |
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164 | 164 | | Safety Code, to complete the training required by this section. |
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165 | 165 | | (c) From funds appropriated for the purpose, the agency |
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166 | 166 | | shall provide an allotment to each school district to assist the |
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167 | 167 | | district in complying with this section. The amount of an allotment |
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168 | 168 | | provided to a school district under this subsection may not exceed |
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169 | 169 | | the costs incurred by the district for employees' travel, training |
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170 | 170 | | fees, and compensation for the time spent completing the training |
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171 | 171 | | required by this section. The agency may proportionally reduce |
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172 | 172 | | each district's allotment if the amount appropriated is |
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173 | 173 | | insufficient to pay for all costs incurred by districts under this |
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174 | 174 | | subsection. |
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175 | 175 | | (d) The State Board for Educator Certification shall |
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176 | 176 | | propose rules allowing an educator to receive credit toward the |
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177 | 177 | | educator's continuing education requirements under Section |
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178 | 178 | | 21.054(g) for the educator's participation in mental health |
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179 | 179 | | training under this section. |
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180 | 180 | | (e) The commissioner shall adopt rules to implement this |
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181 | 181 | | section, including rules specifying the training fees and travel |
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182 | 182 | | expenses subject to reimbursement under Subsection (c). |
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183 | 183 | | SECTION 6. Section 25.002(a), Education Code, is amended to |
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184 | 184 | | read as follows: |
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185 | 185 | | (a) If a parent or other person with legal control of a child |
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186 | 186 | | under a court order enrolls the child in a public school, the parent |
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187 | 187 | | or other person or the school district in which the child most |
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188 | 188 | | recently attended school shall furnish to the school district: |
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189 | 189 | | (1) the child's birth certificate or another document |
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190 | 190 | | suitable as proof of the child's identity; |
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191 | 191 | | (2) a copy of the child's records from the school the |
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192 | 192 | | child most recently attended if the child has been previously |
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193 | 193 | | enrolled in a school in this state or another state, including for a |
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194 | 194 | | child who most recently attended a public school in this state, a |
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195 | 195 | | copy of the child's disciplinary record and any threat assessment |
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196 | 196 | | involving the child's behavior conducted under Section 37.115; and |
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197 | 197 | | (3) a record showing that the child has the |
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198 | 198 | | immunizations as required under Section 38.001, in the case of a |
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199 | 199 | | child required under that section to be immunized, proof as |
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200 | 200 | | required by that section showing that the child is not required to |
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201 | 201 | | be immunized, or proof that the child is entitled to provisional |
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202 | 202 | | admission under that section and under rules adopted under that |
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203 | 203 | | section. |
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204 | 204 | | SECTION 7. Section 25.036, Education Code, is amended by |
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205 | 205 | | adding Subsection (c) to read as follows: |
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206 | 206 | | (c) In the case of a transfer under this section, a child's |
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207 | 207 | | school district of residence shall provide the receiving district |
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208 | 208 | | with the child's disciplinary record and any threat assessment |
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209 | 209 | | involving the child's behavior conducted under Section 37.115. |
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210 | 210 | | SECTION 8. Section 37.081, Education Code, is amended by |
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211 | 211 | | amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3), |
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212 | 212 | | and (a-4) to read as follows: |
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213 | 213 | | (a) The board of trustees of any school district may: |
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214 | 214 | | (1) employ or contract with security personnel; |
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215 | 215 | | (2) [,] enter into a memorandum of understanding with |
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216 | 216 | | a local law enforcement agency or a county or municipality that is |
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217 | 217 | | the employing political subdivision of commissioned peace officers |
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218 | 218 | | for the provision of school resource officers; |
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219 | 219 | | (3) for the purposes of providing security personnel, |
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220 | 220 | | contract with a security services contractor licensed under Chapter |
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221 | 221 | | 1702, Occupations Code, for the provision of a commissioned |
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222 | 222 | | security officer, as defined by Section 1702.002, Occupations Code, |
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223 | 223 | | who has completed the Level II or III training course required by |
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224 | 224 | | the Department of Public Safety; [,] and |
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225 | 225 | | (4) commission peace officers to carry out this |
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226 | 226 | | subchapter. |
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227 | 227 | | (a-1) [If a board of trustees authorizes a person employed |
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228 | 228 | | as security personnel to carry a weapon, the person must be a |
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229 | 229 | | commissioned peace officer.] The jurisdiction of a peace officer, |
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230 | 230 | | a school resource officer, or security personnel under this section |
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231 | 231 | | shall be determined by the board of trustees and may include all |
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232 | 232 | | territory in the boundaries of the school district and all property |
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233 | 233 | | outside the boundaries of the district that is owned, leased, or |
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234 | 234 | | rented by or otherwise under the control of the school district and |
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235 | 235 | | the board of trustees that employ or contract with, as applicable, |
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236 | 236 | | the peace officer or security personnel or that enter into a |
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237 | 237 | | memorandum of understanding for the provision of a school resource |
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238 | 238 | | officer. |
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239 | 239 | | (a-2) A memorandum of understanding for the provision of |
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240 | 240 | | school resource officers entered into under Subsection (a) must: |
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241 | 241 | | (1) be in the form of an interlocal contract under |
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242 | 242 | | Chapter 791, Government Code; and |
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243 | 243 | | (2) use a proportionate cost allocation methodology to |
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244 | 244 | | address any costs or fees incurred by the school district or the |
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245 | 245 | | local law enforcement agency, county, or municipality, as |
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246 | 246 | | applicable. |
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247 | 247 | | (a-3) The cost allocation methodology used under Subsection |
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248 | 248 | | (a-2)(2) may allow a local law enforcement agency, county, or |
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249 | 249 | | municipality, as applicable, to recoup direct costs incurred as a |
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250 | 250 | | result of the contract but may not allow the agency, county, or |
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251 | 251 | | municipality to profit under the contract. |
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252 | 252 | | (a-4) A school district, local law enforcement agency, |
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253 | 253 | | county, or municipality that enters into a memorandum of |
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254 | 254 | | understanding under Subsection (a) may seek funding from federal, |
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255 | 255 | | state, and private sources to support the cost of providing school |
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256 | 256 | | resource officers under this section. |
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257 | 257 | | SECTION 9. Section 37.0812(a), Education Code, is amended |
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258 | 258 | | to read as follows: |
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259 | 259 | | (a) A school district peace officer or school resource |
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260 | 260 | | officer shall complete an active shooter response training program |
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261 | 261 | | approved by the Texas Commission on Law Enforcement at least once in |
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262 | 262 | | each four-year period. |
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263 | 263 | | SECTION 10. Subchapter C, Chapter 37, Education Code, is |
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264 | 264 | | amended by adding Section 37.0814 to read as follows: |
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265 | 265 | | Sec. 37.0814. ARMED SECURITY OFFICER REQUIRED. (a) The |
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266 | 266 | | board of trustees of each school district shall determine the |
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267 | 267 | | appropriate number of armed security officers for each district |
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268 | 268 | | campus. The board must ensure that at least one armed security |
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269 | 269 | | officer is present during regular school hours at each district |
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270 | 270 | | campus. |
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271 | 271 | | (b) A security officer described by Subsection (a) must be: |
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272 | 272 | | (1) a school district peace officer; |
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273 | 273 | | (2) a school resource officer; or |
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274 | 274 | | (3) a commissioned peace officer employed as security |
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275 | 275 | | personnel under Section 37.081. |
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276 | 276 | | (c) If the board of trustees of a school district is unable |
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277 | 277 | | to comply with this section, the board may claim a good cause |
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278 | 278 | | exception from the requirement to comply with this section if the |
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279 | 279 | | district's noncompliance is due to the availability of: |
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280 | 280 | | (1) funding; or |
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281 | 281 | | (2) personnel who qualify to serve as a security |
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282 | 282 | | officer described by Subsection (a). |
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283 | 283 | | (d) The board of trustees of a school district that claims a |
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284 | 284 | | good cause exception under Subsection (c) must develop an |
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285 | 285 | | alternative standard with which the district is able to comply, |
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286 | 286 | | which may include providing a person to act as a security officer |
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287 | 287 | | who is: |
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288 | 288 | | (1) a school marshal; or |
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289 | 289 | | (2) a school district employee or a person with whom |
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290 | 290 | | the district contracts who: |
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291 | 291 | | (A) has completed school safety training |
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292 | 292 | | provided by a qualified handgun instructor certified in school |
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293 | 293 | | safety under Section 411.1901, Government Code; and |
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294 | 294 | | (B) carries a handgun on school premises in |
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295 | 295 | | accordance with written regulations or written authorization of the |
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296 | 296 | | district under Section 46.03(a)(1)(A), Penal Code. |
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297 | 297 | | (e) The board of trustees of a school district must develop |
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298 | 298 | | and maintain documentation of the district's implementation of and |
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299 | 299 | | compliance with this section, including documentation related to a |
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300 | 300 | | good cause exception claimed under Subsection (c), and shall, if |
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301 | 301 | | requested by the agency, provide that documentation to the agency |
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302 | 302 | | in the manner prescribed by the agency. |
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303 | 303 | | SECTION 11. Subchapter C, Chapter 37, Education Code, is |
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304 | 304 | | amended by adding Section 37.089 to read as follows: |
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305 | 305 | | Sec. 37.089. ROLE OF PERSONS CARRYING A FIREARM ON SCHOOL |
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306 | 306 | | GROUNDS. (a) Subject to Subsection (b), a person permitted to carry |
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307 | 307 | | a firearm on the campus of a school district may not perform the |
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308 | 308 | | routine law enforcement duties of a peace officer, including making |
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309 | 309 | | arrests, unless the duty is performed in response to an emergency |
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310 | 310 | | that poses a threat of death or serious bodily injury to a student, |
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311 | 311 | | school district employee, or other individual at the district |
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312 | 312 | | campus. |
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313 | 313 | | (b) Subsection (a) does not apply to a commissioned peace |
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314 | 314 | | officer who is assigned law enforcement duties that are included in |
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315 | 315 | | campus and district documents describing the role of peace officers |
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316 | 316 | | in the district as required by Section 37.081(d). |
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317 | 317 | | SECTION 12. Section 37.108, Education Code, is amended by |
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318 | 318 | | amending Subsections (a), (b), and (f) and adding Subsection (h) to |
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319 | 319 | | read as follows: |
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320 | 320 | | (a) Each school district or public junior college district |
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321 | 321 | | shall adopt and implement a multihazard emergency operations plan |
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322 | 322 | | for use in the district's facilities. The plan must address |
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323 | 323 | | prevention, mitigation, preparedness, response, and recovery as |
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324 | 324 | | defined by the Texas School Safety Center in conjunction with the |
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325 | 325 | | governor's office of homeland security, [and] the commissioner of |
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326 | 326 | | education, and the [or] commissioner of higher education[, as |
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327 | 327 | | applicable]. The plan must provide for: |
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328 | 328 | | (1) training in responding to an emergency for |
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329 | 329 | | district employees, including substitute teachers; |
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330 | 330 | | (2) measures to ensure district employees, including |
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331 | 331 | | substitute teachers, have classroom access to a telephone, |
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332 | 332 | | including a cellular telephone, or another electronic |
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333 | 333 | | communication device allowing for immediate contact with district |
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334 | 334 | | emergency services or emergency services agencies, law enforcement |
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335 | 335 | | agencies, health departments, and fire departments; |
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336 | 336 | | (3) measures to ensure district communications |
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337 | 337 | | technology and infrastructure are adequate to allow for |
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338 | 338 | | communication during an emergency; |
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339 | 339 | | (4) if the plan applies to a school district, |
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340 | 340 | | mandatory school drills and exercises, including drills required |
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341 | 341 | | under Section 37.114, to prepare district students and employees |
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342 | 342 | | for responding to an emergency; |
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343 | 343 | | (5) measures to ensure coordination with the |
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344 | 344 | | Department of State Health Services and local emergency management |
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345 | 345 | | agencies, law enforcement, health departments, and fire |
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346 | 346 | | departments in the event of an emergency; [and] |
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347 | 347 | | (6) the implementation of a safety and security audit |
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348 | 348 | | as required by Subsection (b); and |
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349 | 349 | | (7) any other requirements established by the Texas |
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350 | 350 | | School Safety Center in consultation with the agency and relevant |
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351 | 351 | | local law enforcement agencies. |
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352 | 352 | | (b) At least once every three years, each school district or |
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353 | 353 | | public junior college district shall conduct a safety and security |
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354 | 354 | | audit of the district's facilities. A [To the extent possible, a] |
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355 | 355 | | district, or a person included in the registry established by the |
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356 | 356 | | Texas School Safety Center under Section 37.2091 who is engaged by |
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357 | 357 | | the district to conduct a safety and security audit, shall follow |
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358 | 358 | | safety and security audit procedures developed by the Texas School |
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359 | 359 | | Safety Center in coordination with the commissioner of education or |
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360 | 360 | | commissioner of higher education, as applicable [or a person |
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361 | 361 | | included in the registry established by the Texas School Safety |
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362 | 362 | | Center under Section 37.2091]. |
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363 | 363 | | (f) A school district shall include in its multihazard |
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364 | 364 | | emergency operations plan: |
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365 | 365 | | (1) a chain of command that designates the individual |
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366 | 366 | | responsible for making final decisions during a disaster or |
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367 | 367 | | emergency situation and identifies other individuals responsible |
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368 | 368 | | for making those decisions if the designated person is unavailable; |
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369 | 369 | | (2) provisions that address physical and |
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370 | 370 | | psychological safety for responding to a natural disaster, active |
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371 | 371 | | shooter, and any other dangerous scenario identified for purposes |
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372 | 372 | | of this section by the agency or the Texas School Safety Center; |
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373 | 373 | | (3) provisions for ensuring the safety of students in |
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374 | 374 | | portable buildings; |
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375 | 375 | | (4) provisions for ensuring that students and district |
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376 | 376 | | personnel with disabilities are provided equal access to safety |
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377 | 377 | | during a disaster or emergency situation; |
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378 | 378 | | (5) provisions for providing immediate notification |
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379 | 379 | | to parents, guardians, and other persons standing in parental |
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380 | 380 | | relation in circumstances involving a significant threat to the |
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381 | 381 | | health or safety of students, including identification of the |
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382 | 382 | | individual with responsibility for overseeing the notification; |
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383 | 383 | | (6) provisions for supporting the psychological |
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384 | 384 | | safety of students, district personnel, and the community during |
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385 | 385 | | the response and recovery phase following a disaster or emergency |
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386 | 386 | | situation that: |
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387 | 387 | | (A) are aligned with best practice-based |
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388 | 388 | | programs and research-based practices recommended under Section |
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389 | 389 | | 38.351; |
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390 | 390 | | (B) include strategies for ensuring any required |
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391 | 391 | | professional development training for suicide prevention and |
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392 | 392 | | grief-informed and trauma-informed care is provided to appropriate |
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393 | 393 | | school personnel; |
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394 | 394 | | (C) include training on integrating |
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395 | 395 | | psychological safety and suicide prevention strategies into the |
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396 | 396 | | district's plan, such as psychological first aid for schools |
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397 | 397 | | training, from an approved list of recommended training established |
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398 | 398 | | by the commissioner and Texas School Safety Center for: |
---|
399 | 399 | | (i) members of the district's school safety |
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400 | 400 | | and security committee under Section 37.109; |
---|
401 | 401 | | (ii) district school counselors and mental |
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402 | 402 | | health professionals; and |
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403 | 403 | | (iii) educators and other district |
---|
404 | 404 | | personnel as determined by the district; |
---|
405 | 405 | | (D) include strategies and procedures for |
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406 | 406 | | integrating and supporting physical and psychological safety that |
---|
407 | 407 | | align with the provisions described by Subdivision (2); and |
---|
408 | 408 | | (E) implement trauma-informed policies; |
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409 | 409 | | (7) a policy for providing a substitute teacher access |
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410 | 410 | | to school campus buildings and materials necessary for the |
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411 | 411 | | substitute teacher to carry out the duties of a district employee |
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412 | 412 | | during an emergency or a mandatory emergency drill; [and] |
---|
413 | 413 | | (8) the name of each individual on the district's |
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414 | 414 | | school safety and security committee established under Section |
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415 | 415 | | 37.109 and the date of each committee meeting during the preceding |
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416 | 416 | | year; and |
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417 | 417 | | (9) certification that the district is in compliance |
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418 | 418 | | with Section 37.117. |
---|
419 | 419 | | (h) The Texas School Safety Center and the agency shall |
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420 | 420 | | provide school safety-related data collected by the center or |
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421 | 421 | | agency to each other on request. |
---|
422 | 422 | | SECTION 13. Section 37.1081(a), Education Code, is amended |
---|
423 | 423 | | to read as follows: |
---|
424 | 424 | | (a) If the board of trustees of a school district receives |
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425 | 425 | | notice of noncompliance under Section 37.207(e) or 37.2071(d) or |
---|
426 | 426 | | (g) [37.2071(g)], the board shall hold a public hearing to notify |
---|
427 | 427 | | the public of: |
---|
428 | 428 | | (1) the district's failure to: |
---|
429 | 429 | | (A) submit or correct deficiencies in a |
---|
430 | 430 | | multihazard emergency operations plan; or |
---|
431 | 431 | | (B) report the results of a safety and security |
---|
432 | 432 | | audit to the Texas School Safety Center as required by law; |
---|
433 | 433 | | (2) the dates during which the district has not been in |
---|
434 | 434 | | compliance; and |
---|
435 | 435 | | (3) the names of each member of the board of trustees |
---|
436 | 436 | | and the superintendent serving in that capacity during the dates |
---|
437 | 437 | | the district was not in compliance. |
---|
438 | 438 | | SECTION 14. Subchapter D, Chapter 37, Education Code, is |
---|
439 | 439 | | amended by adding Sections 37.1083, 37.1084, 37.1085, 37.1086, and |
---|
440 | 440 | | 37.1131 to read as follows: |
---|
441 | 441 | | Sec. 37.1083. AGENCY MONITORING OF SCHOOL DISTRICT SAFETY |
---|
442 | 442 | | AND SECURITY REQUIREMENTS. (a) The agency shall monitor the |
---|
443 | 443 | | implementation and operation of requirements related to school |
---|
444 | 444 | | district safety and security, including school district: |
---|
445 | 445 | | (1) multihazard emergency operations plans; and |
---|
446 | 446 | | (2) safety and security audits. |
---|
447 | 447 | | (b) The agency shall establish an office of school safety |
---|
448 | 448 | | and security within the agency that consists of individuals with |
---|
449 | 449 | | substantial expertise and experience in school or law enforcement |
---|
450 | 450 | | safety and security operations and oversight at the local, state, |
---|
451 | 451 | | or federal level to coordinate the agency's monitoring of school |
---|
452 | 452 | | district safety and security requirements under this section. The |
---|
453 | 453 | | director of the office is appointed by the governor and confirmed by |
---|
454 | 454 | | the senate and must report directly to the commissioner. |
---|
455 | 455 | | (c) The agency shall, in coordination with the Texas School |
---|
456 | 456 | | Safety Center and relevant local law enforcement agencies, provide |
---|
457 | 457 | | technical assistance to school districts to support the |
---|
458 | 458 | | implementation and operation of safety and security requirements. |
---|
459 | 459 | | (d) As part of the technical assistance provided under |
---|
460 | 460 | | Subsection (c), the agency shall conduct a detailed vulnerability |
---|
461 | 461 | | assessment of each school district on a random basis determined by |
---|
462 | 462 | | the agency once every four years. The assessment must: |
---|
463 | 463 | | (1) assess facility access controls, emergency |
---|
464 | 464 | | operations procedures, and other school safety requirements; and |
---|
465 | 465 | | (2) to the greatest extent practicable, coincide with |
---|
466 | 466 | | the safety and security audit required under Section 37.108. |
---|
467 | 467 | | (e) The agency shall use a rubric developed by the office of |
---|
468 | 468 | | school safety and security in collaboration with the Texas School |
---|
469 | 469 | | Safety Center to conduct a vulnerability assessment of a school |
---|
470 | 470 | | district under Subsection (d). |
---|
471 | 471 | | (f) On completion of a vulnerability assessment under |
---|
472 | 472 | | Subsection (d), the agency shall provide to the superintendent and |
---|
473 | 473 | | school safety and security committee established under Section |
---|
474 | 474 | | 37.109 for the applicable school district a report on the results of |
---|
475 | 475 | | the assessment that includes recommendations and required |
---|
476 | 476 | | corrective actions to address any deficiencies in campus security |
---|
477 | 477 | | identified by the agency. |
---|
478 | 478 | | (g) The agency may engage a third party as necessary to |
---|
479 | 479 | | enable the agency to monitor the implementation and operation of |
---|
480 | 480 | | school district safety and security requirements under this |
---|
481 | 481 | | section. |
---|
482 | 482 | | (h) The agency may require a school district to submit |
---|
483 | 483 | | information necessary for the agency to monitor the implementation |
---|
484 | 484 | | and operation of school district safety and security requirements |
---|
485 | 485 | | under this section, including: |
---|
486 | 486 | | (1) notice of an event requiring a district's |
---|
487 | 487 | | emergency response including the discovery of a firearm on a |
---|
488 | 488 | | campus; and |
---|
489 | 489 | | (2) information regarding the district's response and |
---|
490 | 490 | | use of emergency operations procedures during an event described by |
---|
491 | 491 | | Subdivision (1). |
---|
492 | 492 | | (i) The agency may review school district records as |
---|
493 | 493 | | necessary to ensure compliance with this subchapter and Subchapter |
---|
494 | 494 | | G. |
---|
495 | 495 | | (j) Any document or information collected, identified, |
---|
496 | 496 | | developed, or produced relating to the monitoring of school |
---|
497 | 497 | | district safety and security requirements under this section is |
---|
498 | 498 | | confidential under Sections 418.177 and 418.181, Government Code, |
---|
499 | 499 | | and not subject to disclosure under Chapter 552, Government Code. |
---|
500 | 500 | | (k) The commissioner may adopt rules as necessary to |
---|
501 | 501 | | administer this section. |
---|
502 | 502 | | Sec. 37.1084. REGIONAL SCHOOL SAFETY REVIEW TEAMS. (a) In |
---|
503 | 503 | | this section: |
---|
504 | 504 | | (1) "Office" means the office of school safety and |
---|
505 | 505 | | security established under Section 37.1083. |
---|
506 | 506 | | (2) "Team" means a school safety review team |
---|
507 | 507 | | established under this section. |
---|
508 | 508 | | (b) The office shall establish a school safety review team |
---|
509 | 509 | | in each region served by a regional education service center. A |
---|
510 | 510 | | team shall annually conduct on-site general intruder detection |
---|
511 | 511 | | audits of school district campuses in the team's region. In |
---|
512 | 512 | | conducting an intruder detection audit, a team must: |
---|
513 | 513 | | (1) use a rubric developed by the office in |
---|
514 | 514 | | consultation with the Texas School Safety Center; |
---|
515 | 515 | | (2) not later than the seventh day before the date of a |
---|
516 | 516 | | scheduled audit, notify the superintendent of the school district |
---|
517 | 517 | | in which the campus being audited is located; and |
---|
518 | 518 | | (3) on completion of the audit, provide to the |
---|
519 | 519 | | superintendent and school safety and security committee |
---|
520 | 520 | | established under Section 37.109 for the school district in which |
---|
521 | 521 | | the campus is located a report on the results of the audit that |
---|
522 | 522 | | includes recommendations and required corrective actions to |
---|
523 | 523 | | address any deficiencies in campus security identified by the team. |
---|
524 | 524 | | (c) A regional education service center shall provide |
---|
525 | 525 | | support as necessary to assist the region's team in conducting |
---|
526 | 526 | | intruder detection audits under this section. |
---|
527 | 527 | | (d) A report produced by a team under this section is |
---|
528 | 528 | | confidential and not subject to disclosure under Chapter 552, |
---|
529 | 529 | | Government Code. |
---|
530 | 530 | | Sec. 37.1085. ASSIGNMENT OF CONSERVATOR FOR NONCOMPLIANCE |
---|
531 | 531 | | WITH SCHOOL SAFETY AND SECURITY REQUIREMENTS. (a) Except as |
---|
532 | 532 | | provided by Subsection (c), the commissioner may assign a |
---|
533 | 533 | | conservator under Chapter 39A if a school district fails to: |
---|
534 | 534 | | (1) submit to any required monitoring, assessment, or |
---|
535 | 535 | | audit under Section 37.1083 or 37.1084; |
---|
536 | 536 | | (2) comply with applicable safety and security |
---|
537 | 537 | | requirements; or |
---|
538 | 538 | | (3) address in a reasonable time period, as determined |
---|
539 | 539 | | by commissioner rule, issues raised by the agency's monitoring, |
---|
540 | 540 | | assessment, or audit of the district under Section 37.1083 or |
---|
541 | 541 | | 37.1084. |
---|
542 | 542 | | (b) A conservator assigned to a district under this section |
---|
543 | 543 | | may exercise the powers and duties of a conservator under Section |
---|
544 | 544 | | 39A.003 only to correct a failure identified under Subsection (a). |
---|
545 | 545 | | (c) This section does not apply to a school district's |
---|
546 | 546 | | failure to comply with Section 37.0814 or a good cause exception |
---|
547 | 547 | | claimed under that section. |
---|
548 | 548 | | Sec. 37.1086. GUIDELINES FOR MULTIHAZARD EMERGENCY |
---|
549 | 549 | | OPERATIONS PLAN PROVISIONS FOR INDIVIDUALS WITH DISABILITIES OR |
---|
550 | 550 | | IMPAIRMENTS. (a) The agency shall establish guidelines for the |
---|
551 | 551 | | provisions in a school district's multihazard emergency operations |
---|
552 | 552 | | plan under Section 37.108(f)(4) to ensure the safety of students |
---|
553 | 553 | | and district personnel with disabilities or impairments during a |
---|
554 | 554 | | disaster or emergency situation, in consultation with: |
---|
555 | 555 | | (1) the Texas School Safety Center; |
---|
556 | 556 | | (2) regional education service centers; |
---|
557 | 557 | | (3) public school educators who work with students |
---|
558 | 558 | | with disabilities or impairments; and |
---|
559 | 559 | | (4) advocacy groups representing individuals with |
---|
560 | 560 | | disabilities or impairments. |
---|
561 | 561 | | (b) A school district must follow the guidelines |
---|
562 | 562 | | established by the agency under Subsection (a) in adopting and |
---|
563 | 563 | | implementing the district's multihazard emergency operations plan |
---|
564 | 564 | | under Section 37.108. |
---|
565 | 565 | | Sec. 37.1131. NOTIFICATION REGARDING VIOLENT ACTIVITY. (a) |
---|
566 | 566 | | The agency shall develop model standards for providing notice |
---|
567 | 567 | | regarding violent activity that has occurred or is being |
---|
568 | 568 | | investigated at a school district campus or other district facility |
---|
569 | 569 | | or at a district-sponsored activity to parents, guardians, and |
---|
570 | 570 | | other persons standing in parental relation to students who are |
---|
571 | 571 | | assigned to the campus, regularly use the facility, or are |
---|
572 | 572 | | attending the activity, as applicable. The standards must: |
---|
573 | 573 | | (1) include electronic notification through text |
---|
574 | 574 | | messaging and e-mail; |
---|
575 | 575 | | (2) provide an option for real-time notification; and |
---|
576 | 576 | | (3) protect student privacy. |
---|
577 | 577 | | (b) Each school district shall adopt a policy for providing |
---|
578 | 578 | | notice described by Subsection (a) in a manner that meets the |
---|
579 | 579 | | standards adopted under that subsection. |
---|
580 | 580 | | SECTION 15. Section 37.115, Education Code, is amended by |
---|
581 | 581 | | amending Subsection (c) and adding Subsection (j-1) to read as |
---|
582 | 582 | | follows: |
---|
583 | 583 | | (c) The board of trustees of each school district shall |
---|
584 | 584 | | establish a threat assessment and safe and supportive school team |
---|
585 | 585 | | to serve at each campus of the district and shall adopt policies and |
---|
586 | 586 | | procedures for the teams. The team is responsible for developing |
---|
587 | 587 | | and implementing the safe and supportive school program under |
---|
588 | 588 | | Subsection (b) at the district campus served by the team. The |
---|
589 | 589 | | policies and procedures adopted under this section must: |
---|
590 | 590 | | (1) be consistent with the model policies and |
---|
591 | 591 | | procedures developed by the Texas School Safety Center; |
---|
592 | 592 | | (2) require each team to complete training provided by |
---|
593 | 593 | | the Texas School Safety Center or a regional education service |
---|
594 | 594 | | center regarding evidence-based threat assessment programs; [and] |
---|
595 | 595 | | (3) require each team established under this section |
---|
596 | 596 | | to report the information required under Subsection (k) regarding |
---|
597 | 597 | | the team's activities to the agency; and |
---|
598 | 598 | | (4) require each district campus to establish a clear |
---|
599 | 599 | | procedure for a student to report concerning behavior exhibited by |
---|
600 | 600 | | another student for assessment by the team or other appropriate |
---|
601 | 601 | | school employee. |
---|
602 | 602 | | (j-1) Materials and information provided to or produced by a |
---|
603 | 603 | | team during a threat assessment of a student under this section must |
---|
604 | 604 | | be maintained in the student's school record until the student's |
---|
605 | 605 | | 24th birthday. |
---|
606 | 606 | | SECTION 16. Subchapter D, Chapter 37, Education Code, is |
---|
607 | 607 | | amended by adding Section 37.117 to read as follows: |
---|
608 | 608 | | Sec. 37.117. EMERGENCY RESPONSE MAP AND WALK-THROUGH. Each |
---|
609 | 609 | | school district and open-enrollment charter school shall provide to |
---|
610 | 610 | | the Department of Public Safety and all appropriate local law |
---|
611 | 611 | | enforcement agencies and emergency first responders: |
---|
612 | 612 | | (1) an accurate map of each district campus and school |
---|
613 | 613 | | building that is developed and documented in accordance with the |
---|
614 | 614 | | standards described by Section 37.351 related to developing site |
---|
615 | 615 | | and floor plans, access control, and exterior door numbering; and |
---|
616 | 616 | | (2) an opportunity to conduct a walk-through of each |
---|
617 | 617 | | district campus and school building using the map described by |
---|
618 | 618 | | Subdivision (1). |
---|
619 | 619 | | SECTION 17. Sections 37.2071(b), (c), (d), (f), (g), and |
---|
620 | 620 | | (h), Education Code, are amended to read as follows: |
---|
621 | 621 | | (b) A school district or public junior college district |
---|
622 | 622 | | shall submit its multihazard emergency operations plan to the |
---|
623 | 623 | | center: |
---|
624 | 624 | | (1) not later than the 30th day after the date [on |
---|
625 | 625 | | request of] the center requests the submission; and |
---|
626 | 626 | | (2) in accordance with the center's review cycle |
---|
627 | 627 | | developed under Subsection (a). |
---|
628 | 628 | | (c) The center shall review each district's multihazard |
---|
629 | 629 | | emergency operations plan submitted under Subsection (b) and: |
---|
630 | 630 | | (1) verify the plan meets the requirements of Section |
---|
631 | 631 | | 37.108; or |
---|
632 | 632 | | (2) provide the district with written notice: |
---|
633 | 633 | | (A) describing the plan's deficiencies; [and] |
---|
634 | 634 | | (B) including specific recommendations to |
---|
635 | 635 | | correct the deficiencies; and |
---|
636 | 636 | | (C) stating that the district must correct the |
---|
637 | 637 | | deficiencies in its plan and resubmit the revised plan to the |
---|
638 | 638 | | center. |
---|
639 | 639 | | (d) If a district fails to submit its multihazard emergency |
---|
640 | 640 | | operations plan to the center for review following a notification |
---|
641 | 641 | | by the center that the district has failed to submit the district's |
---|
642 | 642 | | plan, the center shall provide the district with written notice |
---|
643 | 643 | | stating that the district must hold a public hearing under Section |
---|
644 | 644 | | 37.1081[: |
---|
645 | 645 | | [(1) has failed to submit a plan; and |
---|
646 | 646 | | [(2) must submit a plan to the center for review and |
---|
647 | 647 | | verification]. |
---|
648 | 648 | | (f) If one month [three months] after the date of initial |
---|
649 | 649 | | notification of a plan's deficiencies under Subsection (c)(2) [or |
---|
650 | 650 | | failure to submit a plan under Subsection (d)] a district has not |
---|
651 | 651 | | corrected the plan deficiencies [or has failed to submit a plan], |
---|
652 | 652 | | the center shall provide written notice to the district and agency |
---|
653 | 653 | | that the district has not complied with the requirements of this |
---|
654 | 654 | | section and must comply immediately. |
---|
655 | 655 | | (g) If a school district still has not corrected the plan |
---|
656 | 656 | | deficiencies three [or has failed to submit a plan six] months after |
---|
657 | 657 | | the date of initial notification under Subsection (c)(2) [or (d)], |
---|
658 | 658 | | the center shall provide written notice to the school district |
---|
659 | 659 | | stating that the district must hold a public hearing under Section |
---|
660 | 660 | | 37.1081. |
---|
661 | 661 | | (h) If a school district has failed to submit a plan, the |
---|
662 | 662 | | notice required by Subsection (d) [(g)] must state that the |
---|
663 | 663 | | commissioner is authorized to appoint a conservator under Section |
---|
664 | 664 | | 37.1082. |
---|
665 | 665 | | SECTION 18. Section 37.2091, Education Code, is amended by |
---|
666 | 666 | | adding Subsection (b-1) to read as follows: |
---|
667 | 667 | | (b-1) A school district must confirm that a person is |
---|
668 | 668 | | included in the registry established under Subsection (b) before |
---|
669 | 669 | | the district may engage the person to provide school safety or |
---|
670 | 670 | | security consulting services to the district. |
---|
671 | 671 | | SECTION 19. Subchapter G, Chapter 37, Education Code, is |
---|
672 | 672 | | amended by adding Sections 37.221 and 37.222 to read as follows: |
---|
673 | 673 | | Sec. 37.221. FACILITIES STANDARDS REVIEW. (a) At least |
---|
674 | 674 | | once every five years, the center shall review the facilities |
---|
675 | 675 | | standards for instructional facilities adopted under Section 7.061 |
---|
676 | 676 | | and make recommendations to the commissioner regarding any changes |
---|
677 | 677 | | necessary to ensure that the facilities standards: |
---|
678 | 678 | | (1) reflect best practices for improving school safety |
---|
679 | 679 | | through the design and construction of school facilities; and |
---|
680 | 680 | | (2) are consistent with standards adopted under |
---|
681 | 681 | | Chapter 469, Government Code, regarding the elimination of |
---|
682 | 682 | | architectural barriers. |
---|
683 | 683 | | (b) The center and commissioner may consult with |
---|
684 | 684 | | stakeholders with relevant expertise regarding whether any updates |
---|
685 | 685 | | to requirements for the use of funds granted or allocated to school |
---|
686 | 686 | | districts for purposes of improving the safety and security of |
---|
687 | 687 | | school facilities are necessary to align with best practices. |
---|
688 | 688 | | (c) In updating facilities standards, the commissioner |
---|
689 | 689 | | shall: |
---|
690 | 690 | | (1) incorporate input from the center and stakeholders |
---|
691 | 691 | | with relevant expertise regarding best practices for standards |
---|
692 | 692 | | applicable to the design and construction of school facilities; and |
---|
693 | 693 | | (2) ensure the standards are updated as necessary to |
---|
694 | 694 | | ensure compliance with any changes to state law and local building |
---|
695 | 695 | | codes. |
---|
696 | 696 | | Sec. 37.222. RESOURCES ON SAFE FIREARM STORAGE. (a) The |
---|
697 | 697 | | center, in collaboration with the Department of Public Safety, |
---|
698 | 698 | | shall provide to each school district and open-enrollment charter |
---|
699 | 699 | | school information and other resources regarding the safe storage |
---|
700 | 700 | | of firearms for distribution by the district or school under |
---|
701 | 701 | | Subsection (b), including information on: |
---|
702 | 702 | | (1) the offense under Section 46.13, Penal Code; and |
---|
703 | 703 | | (2) ways in which parents and guardians can |
---|
704 | 704 | | effectively prevent children from accessing firearms. |
---|
705 | 705 | | (b) Each school district and open-enrollment charter school |
---|
706 | 706 | | shall provide the information and other resources described under |
---|
707 | 707 | | Subsection (a) to the parent or guardian of each student enrolled in |
---|
708 | 708 | | the district or school. |
---|
709 | 709 | | SECTION 20. Chapter 37, Education Code, is amended by |
---|
710 | 710 | | adding Subchapter J to read as follows: |
---|
711 | 711 | | SUBCHAPTER J. SAFETY AND SECURITY REQUIREMENTS FOR FACILITIES |
---|
712 | 712 | | Sec. 37.351. FACILITIES STANDARDS COMPLIANCE. (a) A school |
---|
713 | 713 | | district must ensure that each district facility complies with each |
---|
714 | 714 | | school facilities standard, including performance standards and |
---|
715 | 715 | | operational requirements, related to safety and security adopted |
---|
716 | 716 | | under Section 7.061 or provided by other law or agency rule. |
---|
717 | 717 | | (b) A school district must develop and maintain |
---|
718 | 718 | | documentation of the district's implementation of and compliance |
---|
719 | 719 | | with school safety and security facilities standards for each |
---|
720 | 720 | | district facility, including a good cause exception claimed under |
---|
721 | 721 | | Section 37.353, and shall, if requested by the agency, provide that |
---|
722 | 722 | | documentation to the agency in the manner prescribed by the agency. |
---|
723 | 723 | | Sec. 37.352. PURCHASING REQUIREMENTS. A school district |
---|
724 | 724 | | shall comply with all applicable state laws and rules relating to |
---|
725 | 725 | | procurement for district purchases relating to achieving |
---|
726 | 726 | | compliance with the facilities standards adopted under Section |
---|
727 | 727 | | 7.061 or provided by other law or agency rule. |
---|
728 | 728 | | Sec. 37.353. GOOD CAUSE EXCEPTION. (a) If a school |
---|
729 | 729 | | district is unable to bring a district facility into compliance |
---|
730 | 730 | | with a school facilities standard related to safety and security, |
---|
731 | 731 | | the district may claim a good cause exception from the requirement |
---|
732 | 732 | | to comply with that standard, including for a reason related to: |
---|
733 | 733 | | (1) the age, physical design, or location of the |
---|
734 | 734 | | noncompliant facility; |
---|
735 | 735 | | (2) the projected remaining use or functional life of |
---|
736 | 736 | | the noncompliant facility; |
---|
737 | 737 | | (3) availability of funding; or |
---|
738 | 738 | | (4) supply chain obstacles. |
---|
739 | 739 | | (b) A school district that claims a good cause exception |
---|
740 | 740 | | under Subsection (a) must develop an alternative performance |
---|
741 | 741 | | standard with which the district is able to comply. |
---|
742 | 742 | | Sec. 37.354. FUNDING FOR FACILITIES STANDARDS COMPLIANCE. |
---|
743 | 743 | | (a) The commissioner may authorize a school district to use money |
---|
744 | 744 | | provided to the district for the purpose of improving school safety |
---|
745 | 745 | | and security, including the school safety allotment under Section |
---|
746 | 746 | | 48.115 or any other funding or grant money available to the district |
---|
747 | 747 | | for that purpose, to comply with the requirements of this |
---|
748 | 748 | | subchapter. |
---|
749 | 749 | | (a-1) Funds appropriated in S.B. 30, Acts of the 88th |
---|
750 | 750 | | Legislature, Regular Session, 2023, or similar legislation, for the |
---|
751 | 751 | | purpose of improving school safety and security, may be used as |
---|
752 | 752 | | described by Subsection (a). This subsection expires September 1, |
---|
753 | 753 | | 2026. |
---|
754 | 754 | | (b) The commissioner may adopt rules regarding safety and |
---|
755 | 755 | | security requirements with which a school district must comply to |
---|
756 | 756 | | receive funding or grant money available for the purpose of |
---|
757 | 757 | | improving school safety and security. |
---|
758 | 758 | | Sec. 37.355. CONFIDENTIALITY. (a) Any document or |
---|
759 | 759 | | information collected, identified, developed, or produced relating |
---|
760 | 760 | | to a safety or security requirement under this subchapter is |
---|
761 | 761 | | confidential under Sections 418.177 and 418.181, Government Code, |
---|
762 | 762 | | and not subject to disclosure under Chapter 552, Government Code. |
---|
763 | 763 | | (b) The commissioner may adopt rules as necessary to |
---|
764 | 764 | | administer this section. |
---|
765 | 765 | | SECTION 21. Section 38.022, Education Code, is amended by |
---|
766 | 766 | | amending Subsection (a) and adding Subsection (a-1) to read as |
---|
767 | 767 | | follows: |
---|
768 | 768 | | (a) A school district may require a person who enters |
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769 | 769 | | property under the district's control [a district campus] to |
---|
770 | 770 | | display the person's driver's license, [or] another form of |
---|
771 | 771 | | identification containing the person's photograph issued by a |
---|
772 | 772 | | governmental entity, or, if applicable, the person's district |
---|
773 | 773 | | employee or student identification card. The person must provide |
---|
774 | 774 | | the identification on request. |
---|
775 | 775 | | (a-1) A school district may eject a person from district |
---|
776 | 776 | | property if: |
---|
777 | 777 | | (1) the person refuses or fails to provide on request |
---|
778 | 778 | | identification described by Subsection (a); and |
---|
779 | 779 | | (2) it reasonably appears that the person has no |
---|
780 | 780 | | legitimate reason to be on district property. |
---|
781 | 781 | | SECTION 22. Subchapter E, Chapter 45, Education Code, is |
---|
782 | 782 | | amended by adding Section 45.1011 to read as follows: |
---|
783 | 783 | | Sec. 45.1011. USE OF BOND PROCEEDS FOR SCHOOL SAFETY |
---|
784 | 784 | | COMPLIANCE. (a) The proceeds of bonds issued by a school district |
---|
785 | 785 | | for the construction and equipment of school buildings in the |
---|
786 | 786 | | district and the purchase of the necessary sites for school |
---|
787 | 787 | | buildings may be used to pay the costs associated with complying |
---|
788 | 788 | | with school safety and security requirements for school facilities |
---|
789 | 789 | | in accordance with Section 37.351. |
---|
790 | 790 | | (b) This subsection applies to a school district that has |
---|
791 | 791 | | been determined by the agency, through the agency's monitoring of |
---|
792 | 792 | | safety and security requirements under Section 37.1083, to not be |
---|
793 | 793 | | in compliance with those requirements. Notwithstanding any other |
---|
794 | 794 | | law, a school district to which this subsection applies must use the |
---|
795 | 795 | | proceeds of bonds described by Subsection (a) to achieve compliance |
---|
796 | 796 | | with applicable safety and security requirements in accordance with |
---|
797 | 797 | | Section 37.351 before the district may use those proceeds for any |
---|
798 | 798 | | other authorized purpose. |
---|
799 | 799 | | SECTION 23. Section 48.115, Education Code, is amended by |
---|
800 | 800 | | amending Subsections (a) and (b) and adding Subsections (a-1), |
---|
801 | 801 | | (b-1), (b-2), (c-1), and (e) to read as follows: |
---|
802 | 802 | | (a) Except as provided by Subsection (a-1), [From funds |
---|
803 | 803 | | appropriated for that purpose, the commissioner shall provide to] a |
---|
804 | 804 | | school district is entitled to an annual allotment equal to the sum |
---|
805 | 805 | | of the following amounts or a greater [in the] amount provided by |
---|
806 | 806 | | appropriation: |
---|
807 | 807 | | (1) $10 for each student in average daily attendance, |
---|
808 | 808 | | plus $1 for each student in average daily attendance per every $50 |
---|
809 | 809 | | by which the district's maximum basic allotment under Section |
---|
810 | 810 | | 48.051 exceeds $6,160, prorated as necessary; and |
---|
811 | 811 | | (2) $15,000 per campus. |
---|
812 | 812 | | (a-1) A school district campus that provides only virtual |
---|
813 | 813 | | instruction or utilizes only facilities not subject to the |
---|
814 | 814 | | district's control is not included for purposes of determining a |
---|
815 | 815 | | school district's allotment under Subsection (a). |
---|
816 | 816 | | (b) Funds allocated under this section must be used to |
---|
817 | 817 | | improve school safety and security, including costs associated |
---|
818 | 818 | | with: |
---|
819 | 819 | | (1) securing school facilities in accordance with the |
---|
820 | 820 | | requirements of Section 37.351, including: |
---|
821 | 821 | | (A) improvements to school infrastructure; |
---|
822 | 822 | | (B) the use or installation of perimeter security |
---|
823 | 823 | | fencing conducive to a public school learning environment or |
---|
824 | 824 | | physical barriers, which may not include razor wire; [and] |
---|
825 | 825 | | (C) exterior door and window safety and security |
---|
826 | 826 | | upgrades, including exterior door numbering and locking systems and |
---|
827 | 827 | | security film that provides resistance to a forced entry; and |
---|
828 | 828 | | (D) the purchase and maintenance of: |
---|
829 | 829 | | (i) security cameras and, if the district |
---|
830 | 830 | | has already installed security cameras, [or] other security |
---|
831 | 831 | | equipment, including video surveillance as provided by Section |
---|
832 | 832 | | 29.022; and |
---|
833 | 833 | | (ii) technology, including communications |
---|
834 | 834 | | systems or devices, such as silent panic alert devices, two-way |
---|
835 | 835 | | radios, or wireless Internet booster equipment, that facilitates |
---|
836 | 836 | | communication and information sharing between students, school |
---|
837 | 837 | | personnel, and first responders in an emergency; |
---|
838 | 838 | | (2) providing security for the district, including: |
---|
839 | 839 | | (A) employing school district peace officers, |
---|
840 | 840 | | private security officers, and school marshals; and |
---|
841 | 841 | | (B) collaborating with local law enforcement |
---|
842 | 842 | | agencies, such as entering into a memorandum of understanding for |
---|
843 | 843 | | the assignment of school resource officers to schools in the |
---|
844 | 844 | | district; |
---|
845 | 845 | | (3) school safety and security measures [training and |
---|
846 | 846 | | planning], including: |
---|
847 | 847 | | (A) active shooter and emergency response |
---|
848 | 848 | | training; |
---|
849 | 849 | | (B) prevention and treatment programs relating |
---|
850 | 850 | | to addressing adverse childhood experiences; and |
---|
851 | 851 | | (C) the prevention, identification, and |
---|
852 | 852 | | management of emergencies and threats, using evidence-based, |
---|
853 | 853 | | effective prevention practices and including: |
---|
854 | 854 | | (i) providing licensed counselors, social |
---|
855 | 855 | | workers, and individuals trained in restorative discipline and |
---|
856 | 856 | | restorative justice practices; |
---|
857 | 857 | | (ii) providing mental health personnel and |
---|
858 | 858 | | support; |
---|
859 | 859 | | (iii) providing behavioral health |
---|
860 | 860 | | services; |
---|
861 | 861 | | (iv) establishing threat reporting |
---|
862 | 862 | | systems; and |
---|
863 | 863 | | (v) developing and implementing programs |
---|
864 | 864 | | focused on restorative justice practices, culturally relevant |
---|
865 | 865 | | instruction, and providing mental health support; [and] |
---|
866 | 866 | | (4) providing programs related to suicide prevention, |
---|
867 | 867 | | intervention, and postvention; and |
---|
868 | 868 | | (5) employing a school safety director and other |
---|
869 | 869 | | personnel to manage and monitor school safety initiatives and the |
---|
870 | 870 | | implementation of school safety requirements for the district. |
---|
871 | 871 | | (b-1) The agency may designate certain technologies that a |
---|
872 | 872 | | school district, in using funds allocated under this section, may |
---|
873 | 873 | | purchase only from a vendor approved by the agency. |
---|
874 | 874 | | (b-2) If the agency, in coordination with the Texas School |
---|
875 | 875 | | Safety Center, determines that entering into a statewide contract |
---|
876 | 876 | | with a vendor for the provision of a technology designated under |
---|
877 | 877 | | Subsection (b-1) would result in cost savings to school districts, |
---|
878 | 878 | | the agency may, after receiving approval from the Legislative |
---|
879 | 879 | | Budget Board and office of the governor, enter into a contract with |
---|
880 | 880 | | a vendor to provide the technology to each district that uses funds |
---|
881 | 881 | | allocated under this section to purchase that technology. |
---|
882 | 882 | | (c-1) The agency, or if designated by the agency, the Texas |
---|
883 | 883 | | School Safety Center, shall establish and publish a directory of |
---|
884 | 884 | | approved vendors of school safety technology and equipment a school |
---|
885 | 885 | | district may select from when using funds allocated under this |
---|
886 | 886 | | section. If a school district uses funds allocated under this |
---|
887 | 887 | | section to purchase technology or equipment from a vendor that is |
---|
888 | 888 | | not included in the directory, the district must solicit bids from |
---|
889 | 889 | | at least three vendors before completing the purchase. |
---|
890 | 890 | | (e) Notwithstanding any other law, a school district may use |
---|
891 | 891 | | funds allocated under this section to provide training to a person |
---|
892 | 892 | | authorized by the district to carry a firearm on a district campus. |
---|
893 | 893 | | SECTION 24. Subchapter Z, Chapter 411, Government Code, is |
---|
894 | 894 | | amended by adding Section 411.951 to read as follows: |
---|
895 | 895 | | Sec. 411.951. CONFIDENTIALITY OF IWATCHTEXAS COMMUNITY |
---|
896 | 896 | | REPORTING SYSTEM REPORTS. All suspicious activity reports and |
---|
897 | 897 | | school safety reports included in the iWatchTexas community |
---|
898 | 898 | | reporting system operated by the department are confidential and |
---|
899 | 899 | | not subject to disclosure under Chapter 552. |
---|
900 | 900 | | SECTION 25. Subchapter B, Chapter 85, Local Government |
---|
901 | 901 | | Code, is amended by adding Section 85.024 to read as follows: |
---|
902 | 902 | | Sec. 85.024. SCHOOL SAFETY MEETINGS. (a) The sheriff of a |
---|
903 | 903 | | county with a total population of less than 350,000 in which a |
---|
904 | 904 | | public school is located shall call and conduct semiannual meetings |
---|
905 | 905 | | to discuss: |
---|
906 | 906 | | (1) school safety; |
---|
907 | 907 | | (2) coordinated law enforcement response to school |
---|
908 | 908 | | violence incidents; |
---|
909 | 909 | | (3) law enforcement agency capabilities; |
---|
910 | 910 | | (4) available resources; |
---|
911 | 911 | | (5) emergency radio interoperability; |
---|
912 | 912 | | (6) chain of command planning; and |
---|
913 | 913 | | (7) other related subjects proposed by a person in |
---|
914 | 914 | | attendance at the meeting. |
---|
915 | 915 | | (b) The sheriff of a county to which this section applies in |
---|
916 | 916 | | which more than one public school is located is only required to |
---|
917 | 917 | | hold one semiannual meeting described by Subsection (a). This |
---|
918 | 918 | | subsection does not require public schools located within the same |
---|
919 | 919 | | county to adopt the same school safety policies. |
---|
920 | 920 | | (c) The following persons shall attend a meeting called |
---|
921 | 921 | | under Subsection (a): |
---|
922 | 922 | | (1) the sheriff or the sheriff's designee; |
---|
923 | 923 | | (2) the police chief of a municipal police department |
---|
924 | 924 | | in the county or the police chief's designee; |
---|
925 | 925 | | (3) each elected constable in the county or the |
---|
926 | 926 | | constable's designees; |
---|
927 | 927 | | (4) each police chief of a school district's police |
---|
928 | 928 | | department or school district security coordinator from each school |
---|
929 | 929 | | district located in the county; |
---|
930 | 930 | | (5) a representative of the Department of Public |
---|
931 | 931 | | Safety assigned to the county; |
---|
932 | 932 | | (6) a representative of each other state agency with |
---|
933 | 933 | | commissioned peace officers assigned to the county; |
---|
934 | 934 | | (7) a person appointed to a command staff position at |
---|
935 | 935 | | an emergency medical service in the county; |
---|
936 | 936 | | (8) a person appointed to a command staff position at a |
---|
937 | 937 | | municipal emergency medical service in the county; |
---|
938 | 938 | | (9) a person appointed to a command staff position at a |
---|
939 | 939 | | fire department in the county; |
---|
940 | 940 | | (10) the superintendent or the superintendent's |
---|
941 | 941 | | designee of each school district located in the county; |
---|
942 | 942 | | (11) the person who serves the function of |
---|
943 | 943 | | superintendent, or that person's designee, in each open-enrollment |
---|
944 | 944 | | charter school located in the county; and |
---|
945 | 945 | | (12) any other person the sheriff considers |
---|
946 | 946 | | appropriate. |
---|
947 | 947 | | (d) The sheriff shall invite any federal law enforcement |
---|
948 | 948 | | official serving in the county to attend the meeting. |
---|
949 | 949 | | (e) As soon as practicable after a meeting under Subsection |
---|
950 | 950 | | (a), the sheriff shall submit a report to the Texas School Safety |
---|
951 | 951 | | Center identifying the attendees of the meeting and the subjects |
---|
952 | 952 | | discussed. The Texas School Safety Center shall maintain the report |
---|
953 | 953 | | and make it publicly available on the center's Internet website. |
---|
954 | 954 | | The center may not make publicly available and shall redact any |
---|
955 | 955 | | parts of a report that the center determines may expose a safety |
---|
956 | 956 | | vulnerability of a school district facility. |
---|
957 | 957 | | SECTION 26. (a) As soon as practicable after the effective |
---|
958 | 958 | | date of this Act, the Texas Education Agency shall establish the |
---|
959 | 959 | | office of school safety and security and the governor shall appoint |
---|
960 | 960 | | the director of that office as required by Section 37.1083, |
---|
961 | 961 | | Education Code, as added by this Act. |
---|
962 | 962 | | (b) As soon as practicable after the office of school safety |
---|
963 | 963 | | and security has been established, the office shall establish |
---|
964 | 964 | | school safety review teams in each region served by a regional |
---|
965 | 965 | | education service center as required by Section 37.1084, Education |
---|
966 | 966 | | Code, as added by this Act. |
---|
967 | 967 | | SECTION 27. Section 45.1011, Education Code, as added by |
---|
968 | 968 | | this Act, applies only to a bond authorized to be issued at an |
---|
969 | 969 | | election held on or after the effective date of this Act. |
---|
970 | 970 | | SECTION 28. To the extent of any conflict, this Act prevails |
---|
971 | 971 | | over another Act of the 88th Legislature, Regular Session, 2023, |
---|
972 | 972 | | relating to nonsubstantive additions to and corrections in enacted |
---|
973 | 973 | | codes. |
---|
974 | 974 | | SECTION 29. (a) Section 7.028 and Chapter 37, Education |
---|
975 | 975 | | Code, as amended by this Act, apply beginning with the 2023-2024 |
---|
976 | 976 | | school year. |
---|
977 | 977 | | (b) Notwithstanding Section 22.904, Education Code, as |
---|
978 | 978 | | added by this Act, a school district must require the district's |
---|
979 | 979 | | employees to complete the mental health training required under |
---|
980 | 980 | | that section as follows: |
---|
981 | 981 | | (1) at least 25 percent of the applicable district |
---|
982 | 982 | | employees before the beginning of the 2025-2026 school year; |
---|
983 | 983 | | (2) at least 50 percent of the applicable district |
---|
984 | 984 | | employees before the beginning of the 2026-2027 school year; |
---|
985 | 985 | | (3) at least 75 percent of the applicable district |
---|
986 | 986 | | employees before the beginning of the 2027-2028 school year; and |
---|
987 | 987 | | (4) 100 percent of the applicable district employees |
---|
988 | 988 | | before the beginning of the 2028-2029 school year. |
---|
989 | 989 | | SECTION 30. (a) Except as provided by Subsection (b) of |
---|
990 | 990 | | this section, this Act takes effect immediately if it receives a |
---|
991 | 991 | | vote of two-thirds of all the members elected to each house, as |
---|
992 | 992 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
993 | 993 | | Act does not receive the vote necessary for immediate effect, this |
---|
994 | 994 | | Act takes effect September 1, 2023. |
---|
995 | 995 | | (b) Section 48.115, Education Code, as amended by this Act, |
---|
996 | 996 | | takes effect September 1, 2023. |
---|
997 | 997 | | ______________________________ ______________________________ |
---|
998 | 998 | | President of the Senate Speaker of the House |
---|
999 | 999 | | I certify that H.B. No. 3 was passed by the House on April 25, |
---|
1000 | 1000 | | 2023, by the following vote: Yeas 119, Nays 25, 1 present, not |
---|
1001 | 1001 | | voting; that the House refused to concur in Senate amendments to |
---|
1002 | 1002 | | H.B. No. 3 on May 23, 2023, and requested the appointment of a |
---|
1003 | 1003 | | conference committee to consider the differences between the two |
---|
1004 | 1004 | | houses; and that the House adopted the conference committee report |
---|
1005 | 1005 | | on H.B. No. 3 on May 28, 2023, by the following vote: Yeas 93, Nays |
---|
1006 | 1006 | | 49, 1 present, not voting. |
---|
1007 | 1007 | | ______________________________ |
---|
1008 | 1008 | | Chief Clerk of the House |
---|
1009 | 1009 | | I certify that H.B. No. 3 was passed by the Senate, with |
---|
1010 | 1010 | | amendments, on May 21, 2023, by the following vote: Yeas 31, Nays |
---|
1011 | 1011 | | 0; at the request of the House, the Senate appointed a conference |
---|
1012 | 1012 | | committee to consider the differences between the two houses; and |
---|
1013 | 1013 | | that the Senate adopted the conference committee report on H.B. No. |
---|
1014 | 1014 | | 3 on May 28, 2023, by the following vote: Yeas 26, Nays 5. |
---|
1015 | 1015 | | ______________________________ |
---|
1016 | 1016 | | Secretary of the Senate |
---|
1017 | 1017 | | APPROVED: __________________ |
---|
1018 | 1018 | | Date |
---|
1019 | 1019 | | __________________ |
---|
1020 | 1020 | | Governor |
---|