88R29639 ANG-D
By: Nichols, et al. S.B. No. 11
(King of Hemphill)
Substitute the following for S.B. No. 11: No.
A BILL TO BE ENTITLED
AN ACT
relating to measures for ensuring safety and security in public
schools, including measures related to the health and safety of
public school students and active shooter training for certain
peace officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.028(a), Education Code, is amended to
read as follows:
(a) Except as provided by Section 21.006(k), 22.093(l),
22.096, 28.006, 29.001(5), 29.010(a), 33.006(h), 37.1083, 38.003,
or 39.003, the agency may monitor compliance with requirements
applicable to a process or program provided by a school district,
campus, program, or school granted charters under Chapter 12,
including the process described by Subchapter F, Chapter 11, or a
program described by Subchapter B, C, D, E, F, H, or I, Chapter 29,
or Subchapter A, Chapter 37, only as necessary to ensure:
(1) compliance with federal law and regulations;
(2) financial accountability, including compliance
with grant requirements;
(3) data integrity for purposes of:
(A) the Public Education Information Management
System (PEIMS); and
(B) accountability under Chapters 39 and 39A; and
(4) qualification for funding under Chapter 48.
SECTION 2. Sections 7.061(b) and (c), Education Code, are
amended to read as follows:
(b) The commissioner shall adopt or amend rules as necessary
to ensure that facilities [building] standards for instructional
facilities and other school district and open-enrollment charter
school facilities, including construction quality, performance,
operational, and other standards related to the safety and security
of school facilities, provide a secure and safe environment. In
adopting or amending rules under this section, the commissioner
shall include the use of best practices for:
(1) the design and construction of new facilities; and
(2) the improvement, renovation, and retrofitting of
existing facilities.
(c) Not later than September 1 of each even-numbered year,
the commissioner shall review all rules adopted or amended under
this section and amend the rules as necessary to ensure that
facilities [building] standards for school district and
open-enrollment charter school facilities continue to provide a
secure and safe environment. In reviewing and amending the rules,
the commissioner shall:
(1) in consultation with the Texas School Safety
Center, identify and adopt any changes recommended under Section
37.221; and
(2) require that new and, to the extent feasible,
existing school facilities meet or exceed the standards established
by rule under this section and described by Section 37.351.
SECTION 3. Subchapter B, Chapter 8, Education Code, is
amended by adding Section 8.064 to read as follows:
Sec. 8.064. SCHOOL SAFETY SUPPORT. A regional education
service center shall act as a school safety resource, using
materials and resources developed by the Texas School Safety Center
or the agency in accordance with Chapter 37, for school districts
and open-enrollment charter schools in the region served by the
center. The center may assist a school district or open-enrollment
charter school directly or in collaboration with the Texas School
Safety Center and local law enforcement agencies, as applicable:
(1) in developing and implementing a multihazard
emergency operations plan under Section 37.108;
(2) in establishing a school safety and security
committee under Section 37.109;
(3) in conducting emergency school drills and
exercises;
(4) in addressing deficiencies in campus security
identified by an on-site audit conducted by the agency under
Section 37.1083; and
(5) by providing guidance on any other matter relating
to school safety and security.
SECTION 4. Section 11.201(c), Education Code, is amended to
read as follows:
(c) For purposes of this subsection, "severance payment"
means any amount paid by the board of trustees of an independent
school district to or in behalf of a superintendent on early
termination of the superintendent's contract that exceeds the
amount earned by the superintendent under the contract as of the
date of termination, including any amount that exceeds the amount
of earned standard salary and benefits that is paid as a condition
of early termination of the contract. The board of trustees may not
make a severance payment to a superintendent who was terminated as a
result of the district's noncompliance with safety and security
requirements as provided by Section 37.1084. The board of trustees
that makes a severance payment to a superintendent shall report the
terms of the severance payment to the commissioner. The
commissioner shall reduce the district's Foundation School Program
funds by any amount that the amount of the severance payment to the
superintendent exceeds an amount equal to one year's salary and
benefits under the superintendent's terminated contract. The
commissioner may adopt rules as necessary to administer this
subsection.
SECTION 5. Section 12.104(b), Education Code, as amended by
Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.
2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular
Session, 2021, is reenacted and amended to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) the provisions in Chapter 554, Government Code;
and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29, except class size limits for prekindergarten
classes imposed under Section 25.112, which do not apply;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) the provisions of Subchapter A, Chapter 39;
(M) public school accountability and special
investigations under Subchapters A, B, C, D, F, G, and J, Chapter
39, and Chapter 39A;
(N) the requirement under Section 21.006 to
report an educator's misconduct;
(O) intensive programs of instruction under
Section 28.0213;
(P) the right of a school employee to report a
crime, as provided by Section 37.148;
(Q) bullying prevention policies and procedures
under Section 37.0832;
(R) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
(S) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(T) a parent's right to information regarding the
provision of assistance for learning difficulties to the parent's
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(U) establishment of residency under Section
25.001;
(V) school safety requirements under Sections
37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085, 37.109,
37.113, 37.114, 37.1141, 37.115, 37.207, and 37.2071 and Subchapter
J, Chapter 37;
(W) the early childhood literacy and mathematics
proficiency plans under Section 11.185;
(X) the college, career, and military readiness
plans under Section 11.186; and
(Y) [(X)] parental options to retain a student
under Section 28.02124.
SECTION 6. Subchapter Z, Chapter 22, Education Code, is
amended by adding Section 22.904 to read as follows:
Sec. 22.904. MENTAL HEALTH FIRST AID TRAINING. (a) Except
as otherwise provided by this section, a school district shall
require each district employee who regularly interacts with
students enrolled at the district to complete an evidence-based
mental health first aid training program designed to provide
instruction to participants regarding the recognition and support
of children and youth who experience a mental health or substance
use issue that may pose a threat to school safety.
(b) A school district may not require a district employee
who has previously completed mental health first aid training
offered by a local mental health authority under Section 1001.203,
Health and Safety Code, to complete the training required by this
section.
(c) The agency shall provide an allotment to each school
district equal to the sum of the amount district employees spent on
travel and training fees and the product of each employee's hourly
salary multiplied by the number of hours that employee spent
completing the training in accordance with commissioner rule to
comply with this section. An allotment provided to a district under
this section must be used to reimburse the employee for the cost of
travel and training fees and to compensate the employee for the time
spent completing the training required by this section.
(d) The State Board for Educator Certification shall
propose rules allowing an educator to receive credit toward the
educator's continuing education requirements under Section
21.054(g) for the educator's participation in mental health first
aid training under this section.
(e) The commissioner shall adopt rules to implement this
section, including rules specifying the training fees and travel
expenses subject to reimbursement under Subsection (c).
SECTION 7. Section 25.002(a), Education Code, is amended to
read as follows:
(a) If a parent or other person with legal control of a child
under a court order enrolls the child in a public school, the parent
or other person or the school district in which the child most
recently attended school shall furnish to the school district:
(1) the child's birth certificate or another document
suitable as proof of the child's identity;
(2) a copy of the child's records from the school the
child most recently attended if the child has been previously
enrolled in a school in this state or another state, including for a
child who most recently attended a public school in this state, a
copy of the child's disciplinary record and any threat assessment
involving the child's behavior conducted under Section 37.115; and
(3) a record showing that the child has the
immunizations as required under Section 38.001, in the case of a
child required under that section to be immunized, proof as
required by that section showing that the child is not required to
be immunized, or proof that the child is entitled to provisional
admission under that section and under rules adopted under that
section.
SECTION 8. Section 25.036, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) In the case of a transfer under this section, a child's
school district of residence shall provide the receiving district
with the child's disciplinary record and any threat assessment
involving the child's behavior conducted under Section 37.115.
SECTION 9. Section 29.202(a), Education Code, is amended to
read as follows:
(a) A student is eligible to receive a public education
grant or to attend another public school in the district in which
the student resides under this subchapter if the student is
assigned to attend a public school campus:
(1) assigned an unacceptable performance rating that
is made publicly available under Section 39.054; or
(2) determined by the commissioner to be noncompliant
with safety and security requirements under Section 37.1084.
SECTION 10. Subchapter Z, Chapter 29, Education Code, is
amended by adding Section 29.9074 to read as follows:
Sec. 29.9074. FENTANYL POISONING AWARENESS WEEK. (a) To
educate students about the dangers posed by the drug fentanyl and
the risks of fentanyl poisoning, including overdose, the governor
shall designate a week to be known as Fentanyl Poisoning Awareness
Week in public schools.
(b) Fentanyl Poisoning Awareness Week may include
age-appropriate instruction, including instruction on the
prevention of the abuse of and addiction to fentanyl, as determined
by each school district.
SECTION 11. Section 37.081, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
and (a-4) to read as follows:
(a) The board of trustees of any school district may:
(1) employ or contract with security personnel;
(2) [,] enter into a memorandum of understanding with
a local law enforcement agency or a county or municipality that is
the employing political subdivision of commissioned peace officers
for the provision of school resource officers;
(3) for the purposes of providing security personnel,
contract with a security services contractor licensed under Chapter
1702, Occupations Code, for the provision of a commissioned
security officer, as defined by Section 1702.002, Occupations Code,
who has completed the Level II or III training course required by
the Department of Public Safety; [,] and
(4) commission peace officers to carry out this
subchapter.
(a-1) [If a board of trustees authorizes a person employed
as security personnel to carry a weapon, the person must be a
commissioned peace officer.] The jurisdiction of a peace officer,
a school resource officer, or security personnel under this section
shall be determined by the board of trustees and may include all
territory in the boundaries of the school district and all property
outside the boundaries of the district that is owned, leased, or
rented by or otherwise under the control of the school district and
the board of trustees that employ or contract with, as applicable,
the peace officer or security personnel or that enter into a
memorandum of understanding for the provision of a school resource
officer.
(a-2) A memorandum of understanding for the provision of
school resource officers entered into under Subsection (a) must:
(1) be in the form of an interlocal contract under
Chapter 791, Government Code; and
(2) use a proportionate cost allocation methodology to
address any costs or fees incurred by the school district or the
local law enforcement agency, county, or municipality, as
applicable.
(a-3) The cost allocation methodology used under Subsection
(a-2)(2) may allow a local law enforcement agency, county, or
municipality, as applicable, to recoup direct costs incurred as a
result of the contract but may not allow the agency, county, or
municipality to profit under the contract.
(a-4) A school district, local law enforcement agency,
county, or municipality that enters into a memorandum of
understanding under Subsection (a) may seek funding from federal,
state, and private sources to support the cost of providing school
resource officers under this section.
SECTION 12. Section 37.0812(a), Education Code, is amended
to read as follows:
(a) A school district peace officer or school resource
officer shall complete an active shooter response training program
approved by the Texas Commission on Law Enforcement at least once in
each four-year period.
SECTION 13. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.08121 to read as follows:
Sec. 37.08121. SCHOOL SENTINEL PROGRAM, TRAINING, AND
STIPEND. (a) In this section, "school sentinel" means a school
district or open-enrollment charter school employee who, pursuant
to the written regulations or written authorization of the district
or school under Section 46.03(a)(1)(A), Penal Code, is authorized
to carry or possess a specified weapon for the purpose of providing
safety and security on the physical premises of the employee's
school, any grounds or building on which an activity sponsored by
the school is being conducted, or a passenger transportation
vehicle of the school.
(b) A school district or open-enrollment charter school may
establish a school sentinel program in accordance with this section
for the purposes of school safety and security on school premises.
The written regulation or authorization of a school district or
open-enrollment charter school that authorizes the presence of a
school sentinel must require the sentinel to complete a school
sentinel training program approved by the agency under this section
before being permitted to carry or possess a weapon on the physical
premises of the school for the purposes of providing safety and
security.
(c) A school district or open-enrollment charter school
that authorizes the presence of a school sentinel under this
section shall:
(1) designate a marking or uniform that identifies to
a law enforcement agency that the person is a school sentinel;
(2) require each school sentinel to wear a marking or
uniform described by Subdivision (1) while providing school
sentinel services at the district or school in the manner provided
under Subsection (b); and
(3) maintain information regarding the marking or
uniform designated under Subdivision (1) as confidential except
that the district or school shall disclose the information to an
appropriate law enforcement agency in accordance with Section
37.108(g).
(d) The agency may only approve a school sentinel training
program if the program:
(1) requires completion of all training required for a
school marshal, including the training program provided under
Section 1701.260, Occupations Code; and
(2) includes instruction in mental health first aid
and trauma-informed care.
(e) From funds appropriated or otherwise available for the
purpose, a school district or open-enrollment charter school
employee is entitled to a stipend in an amount determined by the
commissioner of not more than $25,000 per school year that the
employee serves as a school sentinel after completing the training
program required by this section. A stipend received under this
subsection is not considered a part of the employee's compensation,
including for purposes of determining whether a school district is
paying an employee the minimum monthly salary under Section 21.402.
(f) The commissioner shall adopt rules necessary to
implement this section.
SECTION 14. Section 37.108, Education Code, is amended by
amending Subsections (a), (b), (f), and (g) and adding Subsection
(h) to read as follows:
(a) Each school district or public junior college district
shall adopt and implement a multihazard emergency operations plan
for use in the district's facilities. The plan must address
prevention, mitigation, preparedness, response, and recovery as
defined by the Texas School Safety Center in conjunction with the
governor's office of homeland security, [and] the commissioner of
education, and the [or] commissioner of higher education[, as
applicable]. The plan must provide for:
(1) training in responding to an emergency for
district employees, including substitute teachers;
(2) measures to ensure district employees, including
substitute teachers, have classroom access to a telephone,
including a cellular telephone, or another electronic
communication device allowing for immediate contact with district
emergency services and [or] emergency services agencies, law
enforcement agencies, health departments, and fire departments;
(3) measures to ensure district communications
technology and infrastructure are adequate to allow for
communication during an emergency;
(4) if the plan applies to a school district,
mandatory school drills and exercises, including drills required
under Section 37.114, to prepare district students and employees
for responding to an emergency;
(5) measures to ensure coordination with the
Department of State Health Services and local emergency management
agencies, law enforcement, health departments, and fire
departments in the event of an emergency; [and]
(6) the implementation of a safety and security audit
as required by Subsection (b);
(7) documentation related to the district's compliance
with safety and security facility standards, including:
(A) campus site plans;
(B) documentation of exterior door numbering for
each campus; and
(C) any good cause exceptions claimed by the
district under Section 37.352;
(8) evidence-based strategies to create a positive and
safe school environment, including:
(A) family engagement programs;
(B) employee training on multi-tiered systems of
support for academic and behavioral success;
(C) efforts to respond to chronic absenteeism;
(D) integrating the trauma-informed practices
established by the district's trauma-informed care policy under
Section 38.036; and
(E) opportunities for community feedback on the
implementation of the measures required by this subdivision; and
(9) any other requirements established by the Texas
School Safety Center in consultation with the agency.
(b) At least once every three years, each school district or
public junior college district shall conduct a safety and security
audit of the district's facilities. A [To the extent possible, a]
district, or a person included in the registry established by the
Texas School Safety Center under Section 37.2091 who is engaged by
the district to conduct a safety and security audit, shall follow
safety and security audit procedures developed by the Texas School
Safety Center in coordination with the commissioner of education or
commissioner of higher education, as applicable [or a person
included in the registry established by the Texas School Safety
Center under Section 37.2091].
(f) A school district shall include in its multihazard
emergency operations plan:
(1) a chain of command that designates the individual
responsible for making final decisions during a disaster or
emergency situation and identifies other individuals responsible
for making those decisions if the designated person is unavailable;
(2) provisions that address physical and
psychological safety for responding to a natural disaster, active
shooter, and any other dangerous scenario identified for purposes
of this section by the agency or the Texas School Safety Center;
(3) provisions for ensuring the safety of students in
portable buildings;
(4) provisions for ensuring that students and district
personnel with disabilities are provided equal access to safety
during a disaster or emergency situation;
(5) provisions for providing immediate notification
to parents, guardians, and other persons standing in parental
relation in circumstances involving a significant threat to the
health or safety of students, including identification of the
individual with responsibility for overseeing the notification;
(6) provisions for supporting the psychological
safety of students, district personnel, and the community during
the response and recovery phase following a disaster or emergency
situation that:
(A) are aligned with best practice-based
programs and research-based practices recommended under Section
38.351;
(B) include strategies for ensuring any required
professional development training for suicide prevention and
grief-informed and trauma-informed care is provided to appropriate
school personnel;
(C) include training on integrating
psychological safety and suicide prevention strategies into the
district's plan, such as psychological first aid for schools
training, from an approved list of recommended training established
by the commissioner and Texas School Safety Center for:
(i) members of the district's school safety
and security committee under Section 37.109;
(ii) district school counselors and mental
health professionals; and
(iii) educators and other district
personnel as determined by the district;
(D) include strategies and procedures for
integrating and supporting physical and psychological safety that
align with the provisions described by Subdivision (2); and
(E) implement trauma-informed policies;
(7) a policy for providing a substitute teacher access
to school campus buildings and materials necessary for the
substitute teacher to carry out the duties of a district employee
during an emergency or a mandatory emergency drill; [and]
(8) the name of each individual on the district's
school safety and security committee established under Section
37.109 and the date of each committee meeting during the preceding
year; and
(9) certification that the district is in compliance
with Section 37.117, requiring the district to provide the
Department of Public Safety, local law enforcement agencies, and
emergency first responders with an accurate map for all district
campuses and school buildings.
(g) A school district shall include in its multihazard
emergency operations plan an active shooter preparedness appendix.
The active shooter preparedness appendix must include a
certification by the district that the district has provided to
each law enforcement agency with jurisdiction in the district or
geographic area served by the district:
(1) information regarding the identity of the school
sentinel authorized under Section 37.08121 at each district campus
and the marking or uniform worn by the school sentinel or other
manner in which a law enforcement agency may confidentially
identify the school sentinel;
(2) an accurate map of each district campus that meets
the requirements of Section 37.117; and
(3) an opportunity to conduct a walk-through of each
district facility using the map of the district campus described by
Subdivision (2). [a policy for responding to an active shooter
emergency. The school district may use any available community
resources in developing the policy described by this subsection.]
(h) The Texas School Safety Center and the agency shall
provide school safety-related data collected by the center or
agency to each other on request.
SECTION 15. Section 37.1081(a), Education Code, is amended
to read as follows:
(a) If the board of trustees of a school district receives
notice of noncompliance under Section 37.207(e) or 37.2071(d) or
(g) [37.2071(g)], the board shall hold a public hearing to notify
the public of:
(1) the district's failure to:
(A) submit or correct deficiencies in a
multihazard emergency operations plan; or
(B) report the results of a safety and security
audit to the Texas School Safety Center as required by law;
(2) the dates during which the district has not been in
compliance; and
(3) the names of each member of the board of trustees
and the superintendent serving in that capacity during the dates
the district was not in compliance.
SECTION 16. The heading to Section 37.1082, Education Code,
is amended to read as follows:
Sec. 37.1082. MULTIHAZARD EMERGENCY OPERATIONS PLAN
NONCOMPLIANCE; APPOINTMENT OF AGENCY MONITOR, CONSERVATOR, OR
BOARD OF MANAGERS.
SECTION 17. Sections 37.1082(a) and (b), Education Code,
are amended to read as follows:
(a) If the agency receives notice from the Texas School
Safety Center of a school district's failure to submit a
multihazard emergency operations plan, the commissioner may
appoint an agency monitor [a conservator] for the district under
Chapter 39A. The agency monitor [conservator] may participate in
and report to the agency on the district's adoption,
implementation, and submission of [order the district to adopt,
implement, and submit] a multihazard emergency operations plan.
(b) If a district fails to comply with an agency monitor's
requests regarding the district's adoption, implementation, and
submission of [a conservator's order to adopt, implement, and
submit] a multihazard emergency operations plan within the time
frame imposed by the commissioner, the commissioner may appoint a
conservator or board of managers under Chapter 39A to oversee the
operations of the district.
SECTION 18. Subchapter D, Chapter 37, Education Code, is
amended by adding Sections 37.1083, 37.1084, 37.1085, and 37.1131
to read as follows:
Sec. 37.1083. AGENCY MONITORING OF SCHOOL DISTRICT SAFETY
AND SECURITY REQUIREMENTS. (a) The agency shall monitor school
district compliance with safety and security requirements,
including by annually conducting on-site audits of school
districts. The agency may conduct the on-site audits using a cycle
of random selection. The on-site audits must be conducted in
accordance with criteria developed by the agency in consultation
with the Texas School Safety Center.
(b) The monitoring must include intruder detection audits
of each school district to determine whether an intruder could gain
unsecured, unauthorized access to a district campus. The agency
shall ensure that an intruder detection audit is conducted annually
at each school district and that the audit includes an on-site audit
of not less than 25 percent of the district's campuses.
(c) The agency shall establish an office of school safety
and security within the agency that consists of individuals with
substantial expertise and experience in school or law enforcement
safety and security operations and oversight at the local, state,
or federal level to coordinate the agency's monitoring of school
district safety and security requirements under this section. The
director of the office is appointed by the governor and confirmed by
the senate and must report directly to the commissioner.
(d) The agency shall, in coordination with the Texas School
Safety Center, provide technical assistance to support
implementation of school district multihazard emergency operations
plans and safety and security audits and other school district
safety and security requirements.
(e) The agency may use or require the use of third parties to
conduct the monitoring required under this section.
(f) The agency and the Texas School Safety Center may
identify, develop, and make available to school districts
information to assist districts in the implementation and operation
of safety and security requirements.
(g) The agency may require a school district to submit
information necessary for the agency to conduct an on-site audit or
otherwise monitor school district compliance with safety and
security requirements under this section, including:
(1) notice of an event requiring a district's
emergency response; and
(2) information regarding the district's response and
use of emergency operations procedures during an event described by
Subdivision (1).
(h) The agency may review school district records as
necessary to ensure compliance with this subchapter and Subchapters
G and J.
(i) Any document or information collected, identified,
developed, or produced relating to the monitoring of school
district safety and security requirements under this section is
confidential under Sections 418.177 and 418.181, Government Code,
and not subject to disclosure under Chapter 552, Government Code.
(j) The commissioner may adopt rules as necessary to
administer this section.
Sec. 37.1084. ACTIONS BASED ON NONCOMPLIANCE WITH SAFETY
AND SECURITY REQUIREMENTS. (a) For purposes of this section, the
commissioner may determine that a school district or a campus of the
district is noncompliant with the safety and security requirements
under Section 37.1083 if the district fails to:
(1) submit to the required monitoring under that
section;
(2) comply with applicable safety and security
requirements; or
(3) address in a reasonable time period, as determined
by commissioner rule, issues raised by the agency's monitoring of
the district under that section.
(b) A student enrolled in a school district determined to be
noncompliant under Subsection (a) is eligible to receive a public
education grant to attend a school in a district other than the
district in which the student resides as provided by Subchapter G,
Chapter 29.
(c) If the superintendent or an administrator of a school
district is terminated by the board of trustees of the district as a
result of a determination that the district was noncompliant under
Subsection (a), the board may not make a severance payment of any
amount to the superintendent or administrator.
(d) The commissioner may adopt rules as necessary to
implement this section.
Sec. 37.1085. ASSIGNMENT OF CONSERVATOR FOR NONCOMPLIANCE
WITH SCHOOL SAFETY AND SECURITY REQUIREMENTS. (a) The
commissioner may assign a conservator under Chapter 39A if a school
district fails to:
(1) submit to any required monitoring or audit under
Section 37.1083;
(2) comply with applicable safety and security
requirements; or
(3) address in a reasonable time period, as determined
by commissioner rule, issues raised by the agency's monitoring or
audit of the district under Section 37.1083.
(b) A conservator assigned to a district under this section
may exercise the powers and duties of a conservator under Section
39A.003 only to correct a failure identified under Subsection (a).
Sec. 37.1131. NOTIFICATION REGARDING VIOLENT ACTIVITY. (a)
The agency shall develop model standards for providing notice
regarding violent activity that has occurred or is being
investigated at a school district campus or other district facility
or at a district-sponsored activity to parents, guardians, and
other persons standing in parental relation to students who are
assigned to the campus, regularly use the facility, or are
attending the activity, as applicable. The standards must:
(1) include electronic notification through text
messaging and e-mail;
(2) provide an option for real-time notification; and
(3) protect student privacy.
(b) Each school district shall adopt a policy for providing
notice described by Subsection (a) in a manner that meets the
standards adopted under that subsection.
SECTION 19. Section 37.115, Education Code, is amended by
amending Subsection (c) and adding Subsections (j-1) and (j-2) to
read as follows:
(c) The board of trustees of each school district shall
establish a threat assessment and safe and supportive school team
to serve at each campus of the district and shall adopt policies and
procedures for the teams. The team is responsible for developing
and implementing the safe and supportive school program under
Subsection (b) at the district campus served by the team. The
policies and procedures adopted under this section must:
(1) be consistent with the model policies and
procedures developed by the Texas School Safety Center;
(2) require each team to complete training provided by
the Texas School Safety Center or a regional education service
center regarding evidence-based threat assessment programs; [and]
(3) require each team established under this section
to report the information required under Subsection (k) regarding
the team's activities to the agency; and
(4) require each district campus to establish a clear
procedure for a student to report concerning behavior exhibited by
another student for assessment by the team or other appropriate
school employee.
(j-1) Materials and information provided to or produced by a
team during a threat assessment of a student under this section must
be maintained in the student's school record until the student's
24th birthday.
(j-2) If a person destroys material or information
described by Subsection (j-1) before the period of maintenance
required under that subsection has expired, the board of trustees
of a school district may not renew the person's employment contract
with the school district.
SECTION 20. Subchapter D, Chapter 37, Education Code, is
amended by adding Sections 37.116 and 37.117 to read as follows:
Sec. 37.116. SCHOOL SAFETY INFRASTRUCTURE GRANT PROGRAM.
(a) With funds appropriated or otherwise available for the
purpose, the agency shall establish a grant program to assist
school districts and open-enrollment charter schools with any costs
identified by a district or school as necessary to enhance the
infrastructure of a district or school campus to meet agency safety
standards.
(b) The commissioner shall adopt rules to implement this
section.
Sec. 37.117. EMERGENCY RESPONSE MAP. Each school district
and open-enrollment charter school shall provide to the Department
of Public Safety and all appropriate local law enforcement agencies
and emergency first responders an accurate map of each district
campus and school building that is:
(1) oriented to true north; and
(2) developed and documented in accordance with the
standards described by Section 37.351 related to developing site
and floor plans, access control, and exterior door numbering.
SECTION 21. Sections 37.2071(b), (c), (d), (f), (g), and
(h), Education Code, are amended to read as follows:
(b) A school district or public junior college district
shall submit its multihazard emergency operations plan to the
center:
(1) not later than the 30th day after the date [on
request of] the center requests the submission; and
(2) in accordance with the center's review cycle
developed under Subsection (a).
(c) The center shall review each district's multihazard
emergency operations plan submitted under Subsection (b) and:
(1) verify the plan meets the requirements of Section
37.108; or
(2) provide the district with written notice:
(A) describing the plan's deficiencies; [and]
(B) including specific recommendations to
correct the deficiencies; and
(C) stating that the district must correct the
deficiencies in its plan and resubmit the revised plan to the
center.
(d) If a district fails to submit its multihazard emergency
operations plan to the center for review following a notification
by the center that the district has failed to submit the district's
plan, the center shall provide the district with written notice
stating that the district must hold a public hearing under Section
37.1081[:
[(1) has failed to submit a plan; and
[(2) must submit a plan to the center for review and
verification].
(f) If one month [three months] after the date of initial
notification of a plan's deficiencies under Subsection (c)(2) [or
failure to submit a plan under Subsection (d)] a district has not
corrected the plan deficiencies [or has failed to submit a plan],
the center shall provide written notice to the district and agency
that the district has not complied with the requirements of this
section and must comply immediately.
(g) If a school district still has not corrected the plan
deficiencies three [or has failed to submit a plan six] months after
the date of initial notification under Subsection (c)(2) [or (d)],
the center shall provide written notice to the school district
stating that the district must hold a public hearing under Section
37.1081.
(h) If a school district has failed to submit a plan, the
notice required by Subsection (d) [(g)] must state that the
commissioner is authorized to appoint an agency monitor [a
conservator] under Section 37.1082.
SECTION 22. Section 37.2091, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) A school district must confirm that a person is
included in the registry established under Subsection (b) before
the district may engage the person to provide school safety or
security consulting services to the district.
SECTION 23. Subchapter G, Chapter 37, Education Code, is
amended by adding Sections 37.221 and 37.222 to read as follows:
Sec. 37.221. FACILITIES STANDARDS REVIEW. (a) At least
once every five years, the center shall review the facilities
standards for instructional facilities adopted under Section 7.061
and make recommendations to the commissioner regarding any changes
necessary to ensure that the facilities standards reflect best
practices for improving school safety through the design and
construction of school facilities.
(b) The center and commissioner may consult with
stakeholders with relevant expertise regarding whether any updates
to requirements for the use of funds granted or allocated to school
districts for purposes of improving the safety and security of
school facilities are necessary to align with best practices.
(c) In updating facilities standards, the commissioner
shall:
(1) incorporate input from the center and stakeholders
with relevant expertise regarding best practices for standards
applicable to the design and construction of school facilities; and
(2) ensure the standards are updated as necessary to
ensure compliance with any changes to state law and local building
codes.
Sec. 37.222. RESOURCES ON SAFE FIREARM STORAGE. (a) The
center, in collaboration with the Department of Public Safety,
shall provide to each school district and open-enrollment charter
school information and other resources regarding the safe storage
of firearms for distribution by the district or school under
Subsection (b), including information on:
(1) the offense under Section 46.13, Penal Code; and
(2) ways in which parents and guardians can
effectively prevent children from accessing firearms.
(b) Each school district and open-enrollment charter school
shall provide the information and other resources described under
Subsection (a) to the parent or guardian of each student enrolled in
the district or school.
SECTION 24. Chapter 37, Education Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. SAFETY AND SECURITY REQUIREMENTS FOR FACILITIES
Sec. 37.351. FACILITIES STANDARDS COMPLIANCE. (a) A school
district must ensure that each district facility complies with each
school facilities standard, including performance standards and
operational requirements, related to safety and security adopted
under Section 7.061(c) or provided by other law or agency rule.
(b) A school district must develop and maintain
documentation of the district's implementation of and compliance
with school safety and security facilities standards for each
district facility, and, if requested by the agency, provide that
documentation to the agency in the manner prescribed by the agency.
(c) A school district shall provide the documentation
described by Subsection (b) to:
(1) the district's school safety and security
committee established under Section 37.109; and
(2) the board of trustees of the district.
Sec. 37.352. GOOD CAUSE EXCEPTION. (a) If a school district
is unable to bring a district facility into compliance with a school
facilities standard related to safety and security, the district
may claim a good cause exception from the requirement to comply with
that standard, including for a reason related to:
(1) the age, physical design, or location of the
noncompliant facility;
(2) the projected remaining use or functional life of
the noncompliant facility;
(3) availability of funding; or
(4) supply chain obstacles.
(b) A school district that claims a good cause exception
under Subsection (a) must develop an alternative performance
standard with which the district is able to comply.
Sec. 37.353. USE OF FUNDING FOR FACILITIES STANDARDS
COMPLIANCE. The commissioner may authorize a school district to
use money provided to the district for the purpose of improving
school safety and security, including the school safety allotment
under Section 48.115 or any other funding or grant money available
to the district for that purpose, to comply with the requirements of
this subchapter.
SECTION 25. Section 38.022, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) A school district may require a person who enters
property under the district's control [a district campus] to
display the person's driver's license, [or] another form of
identification containing the person's photograph issued by a
governmental entity, or, if applicable, the person's district
employee or student identification card. The person must provide
the identification on request.
(a-1) A school district may eject a person from district
property if:
(1) the person refuses or fails to provide on request
identification described by Subsection (a); and
(2) it reasonably appears that the person has no
legitimate reason to be on district property.
SECTION 26. Subchapter A, Chapter 38, Education Code, is
amended by adding Sections 38.040, 38.046, and 38.047 to read as
follows:
Sec. 38.040. FENTANYL ABUSE PREVENTION AND DRUG POISONING
AWARENESS EDUCATION. (a) Each school district shall annually
provide research-based instruction related to fentanyl abuse
prevention and drug poisoning awareness to students in grades 6
through 12.
(b) The instruction required by this section must include:
(1) suicide prevention;
(2) prevention of the abuse of and addiction to
fentanyl;
(3) awareness of local school and community resources
and any processes involved in accessing those resources; and
(4) health education that includes information about
substance use and abuse, including youth substance use and abuse.
(c) The instruction required by this section may be provided
by an entity or an employee or agent of an entity that is:
(1) a public or private institution of higher
education;
(2) a library;
(3) a community service organization;
(4) a religious organization;
(5) a local public health agency; or
(6) an organization employing mental health
professionals.
Sec. 38.046. FENTANYL CONTAMINATION TRAINING PROGRAM FOR
SCHOOL PERSONNEL. (a) The agency, in cooperation with The
University of Texas Health Science Center at San Antonio, shall
develop:
(1) an evidence-based curriculum for students in
grades 6 through 12 on the dangers of fentanyl contamination for use
by school district and open-enrollment charter school employees;
and
(2) a professional development training program on
providing the training developed under Subdivision (1).
(b) The agency shall distribute curriculum and training
materials for the training program developed under this section to
each regional education service center.
Sec. 38.047. FENTANYL CONTAMINATION GRANT PROGRAM. (a) The
agency shall establish a grant program to provide funding to school
districts and open-enrollment charter schools for community and
school outreach programs on the dangers of fentanyl contamination.
(b) The commissioner may adopt rules as necessary to
administer the grant program established under this section.
SECTION 27. Section 38.351, Education Code, is amended by
adding Subsection (g-1) to read as follows:
(g-1) A school district may satisfy a requirement to
implement a program in the area of substance abuse prevention and
intervention by providing instruction related to youth substance
use and abuse education under Section 38.040.
SECTION 28. Subchapter E, Chapter 45, Education Code, is
amended by adding Section 45.1011 to read as follows:
Sec. 45.1011. USE OF BOND PROCEEDS FOR SCHOOL SAFETY
COMPLIANCE. (a) The proceeds of bonds issued by a school district
for the construction and equipment of school buildings in the
district and the purchase of the necessary sites for school
buildings may be used to pay the costs associated with complying
with school safety and security requirements for school facilities
in accordance with Section 37.352.
(b) This subsection applies to a school district that has
been determined by the agency, through the agency's monitoring of
safety and security requirements under Section 37.1083, to not be
in compliance with those requirements. Notwithstanding any other
law, a school district to which this subsection applies must use a
sufficient amount of the proceeds of bonds described by Subsection
(a) to achieve compliance with applicable safety and security
requirements in accordance with Section 37.352 before the district
may use those proceeds for any other authorized purpose.
SECTION 29. Subtitle I, Title 2, Education Code, is amended
by adding Chapter 47A to read as follows:
CHAPTER 47A. STATE SCHOOL SAFETY FUND AND GRANTS
Sec. 47A.001. DEFINITIONS. In this chapter:
(1) "Corporation" means the Texas Permanent School
Fund Corporation established under Chapter 43.
(2) "Fund" means the state school safety fund
established under Section 7, Article VII, Texas Constitution.
(3) "Program" means the school safety grant program.
Sec. 47A.002. DEPOSITS TO FUND BY COMMISSIONER.
Notwithstanding any other law, including Section 48.265, if the
commissioner determines that the amount appropriated for a state
fiscal year for purposes of administering the Foundation School
Program exceeds the amount to which school districts and
open-enrollment charter schools are entitled under Chapters 46, 48,
and 49 for that year, the commissioner shall deposit a portion of
that excess, up to 100 percent, to the credit of the fund.
Sec. 47A.003. USES OF FUND. Money in the fund may only be
used to provide grants to school districts and open-enrollment
charter schools to enhance school safety under Section 47A.005.
Sec. 47A.004. ADMINISTRATION OF FUND. (a) The corporation
shall hold and invest the fund with the objective of maintaining
sufficient liquidity to meet the needs of the fund while striving to
maximize returns. In managing the assets of the fund, through
procedures and subject to restrictions the corporation considers
appropriate, the corporation may acquire, exchange, sell,
supervise, manage, or retain any type of investment that a person of
ordinary prudence, discretion, and intelligence, exercising
reasonable care, skill, and caution, would acquire, exchange, sell,
supervise, manage, or retain in light of the fund's investment
objective.
(b) The corporation may charge a fee not to exceed the
amount necessary to cover the costs estimated to be incurred by the
corporation in managing and investing the fund. The fee may be
assessed on the available balance of the fund each fiscal year.
Sec. 47A.005. SCHOOL SAFETY GRANTS. (a) The commissioner
shall establish a school safety grant program using proceeds of the
fund to provide grants to school districts and open-enrollment
charter schools.
(b) The commissioner may only award a grant to a school
district or open-enrollment charter school to reimburse or provide
funding for the district or school for expenditures required for
the implementation of school safety standards and requirements that
have been approved by the agency.
(c) The commissioner may award grants each school year in an
amount not to exceed $10 million to a school district or
open-enrollment charter school.
(d) The commissioner may award grants each school year not
to exceed a total amount of $500 million.
(e) If the amount of grant requests under the program
exceeds $500 million in a school year, the commissioner shall
proportionately reduce the amount of each grant in that school year
in an amount necessary to limit the total amount of grants provided
to $500 million.
(f) Notwithstanding Subsection (c) and subject to the
limitation under Subsection (d), if excess funds are available for
a school year, the commissioner may provide additional grants to
school districts and open-enrollment charter schools that incurred
eligible expenses of more than $10 million in that school year.
Sec. 47A.006. TRANSFER OF MONEY TO COMMUNITIES IN SCHOOLS
PROGRAM. Each school year, if excess funds are available, the
commissioner shall transfer an amount not to exceed $25 million
from the fund to the Communities In Schools program under
Subchapter E, Chapter 33. The commissioner shall allocate money
transferred under this section to local Communities In Schools
programs using the funding formula developed under Section 33.156.
Sec. 47A.007. RULES. The commissioner, in consultation
with the corporation, may adopt rules as necessary to implement
this chapter.
SECTION 30. Section 48.115, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsection (a-1) to
read as follows:
(a) A [From funds appropriated for that purpose, the
commissioner shall provide to a] school district is entitled to an
annual allotment equal to the sum of the following amounts or a
greater [in the] amount provided by appropriation:
(1) $100 for each student in average daily attendance,
plus $1 for each student in average daily attendance per every $50
by which the district's maximum basic allotment under Section
48.051 exceeds $6,160, prorated as necessary; and
(2) $15,000 per campus.
(a-1) A school district campus that provides only virtual
instruction or utilizes only facilities not subject to the
district's control is not included for purposes of determining a
school district's allotment under Subsection (a).
(b) Funds allocated under this section must be used to
improve school safety and security, including costs associated
with:
(1) securing school facilities in accordance with the
requirements of Section 37.352, including:
(A) improvements to school infrastructure;
(B) the use or installation of perimeter security
fencing conducive to a public school learning environment or
physical barriers, which may not include razor wire fencing; [and]
(C) exterior door and window safety and security
upgrades, including exterior door numbering and locking systems and
security film that provides resistance to a forced entry; and
(D) the purchase and maintenance of:
(i) security cameras and, if the district
has already installed security cameras, [or] other security
equipment; and
(ii) technology, including communications
systems or devices, such as silent panic alert devices, two-way
radios, or wireless Internet booster equipment, that facilitates
communication and information sharing between students, school
personnel, and first responders in an emergency;
(2) providing security for the district, including:
(A) employing school district peace officers,
private security officers, [and] school marshals, and other persons
authorized by the board of trustees of the district and permitted by
law to carry a weapon on school campus grounds; and
(B) collaborating with local law enforcement
agencies, such as entering into a memorandum of understanding for
the assignment of school resource officers to schools in the
district;
(3) school safety and security measures [training and
planning], including:
(A) active shooter and emergency response
training;
(B) prevention and treatment programs relating
to addressing adverse childhood experiences; and
(C) the prevention, identification, and
management of emergencies and threats, using evidence-based,
effective prevention practices and including:
(i) providing licensed counselors, social
workers, and individuals trained in restorative discipline and
restorative justice practices;
(ii) providing mental health personnel and
support;
(iii) providing behavioral health
services;
(iv) establishing threat reporting
systems; and
(v) developing and implementing programs
focused on restorative justice practices, culturally relevant
instruction, and providing mental health support; [and]
(4) providing programs related to suicide prevention,
intervention, and postvention; and
(5) employing a school safety director and other
personnel to manage and monitor school safety initiatives and the
implementation of school safety requirements for the district.
SECTION 31. Subchapter B, Chapter 85, Local Government
Code, is amended by adding Section 85.024 to read as follows:
Sec. 85.024. SCHOOL SAFETY MEETINGS. (a) The sheriff of a
county in which a public school is located shall call and conduct
semiannual meetings to discuss:
(1) school safety;
(2) coordinated law enforcement response to school
violence incidents;
(3) law enforcement agency capabilities;
(4) available resources;
(5) emergency radio interoperability;
(6) chain of command planning; and
(7) other related subjects proposed by a person in
attendance at the meeting.
(b) The sheriff of a county in which more than one public
school is located is only required to hold one semiannual meeting
described by Subsection (a). This subsection does not require
public schools located within the same county to adopt the same
school safety policies.
(c) The following persons shall attend a meeting called
under Subsection (a):
(1) the sheriff or the sheriff's designee;
(2) the police chief of a municipal police department
in the county or the police chief's designee;
(3) each elected constable in the county or the
constable's designees;
(4) each police chief of a school district's police
department or school district security coordinator from each school
district located in the county;
(5) a representative of the Department of Public
Safety assigned to the county;
(6) a representative of each other state agency with
commissioned peace officers assigned to the county;
(7) a person appointed to a command staff position at
an emergency medical service in the county;
(8) a person appointed to a command staff position at a
municipal emergency medical service in the county;
(9) a person appointed to a command staff position at a
fire department in the county;
(10) the superintendent or the superintendent's
designee of each school district located in the county;
(11) the person who serves the function of
superintendent, or that person's designee, in each open-enrollment
charter school located in the county; and
(12) any other person the sheriff considers
appropriate.
(d) The sheriff shall invite any federal law enforcement
official serving in the county to attend the meeting.
(e) As soon as practicable after a meeting under Subsection
(a), the sheriff shall submit a report to the Texas School Safety
Center identifying the attendees of the meeting and the subjects
discussed. The Texas School Safety Center shall maintain the report
and make it publicly available on the center's Internet website.
The center may not make publicly available and shall redact any
parts of a report that the center determines may expose a safety
vulnerability of a school district facility.
SECTION 32. Section 1701.253, Occupations Code, is amended
by adding Subsection (q) to read as follows:
(q) As part of the minimum curriculum requirements, the
commission shall require an officer to complete a training program
on responding to an active shooter as provided by the Advanced Law
Enforcement Rapid Response Training Center at Texas State
University--San Marcos, or a similar organization approved by the
commission. An officer shall complete the program not later than
the second anniversary of the date the officer is licensed under
this chapter unless the officer completes the program as part of the
officer's basic training course. Completion of a training program
under this subsection satisfies any other requirement for the
officer to complete a training program on responding to active
shooters, including under Section 37.0812(a), Education Code.
SECTION 33. Subchapter F, Chapter 1701, Occupations Code,
is amended by adding Section 1701.2635 to read as follows:
Sec. 1701.2635. ACTIVE SHOOTER TRAINING FOR OFFICERS AT
PUBLIC SCHOOLS. (a) This section applies to a:
(1) school district peace officer as defined by
Section 1701.262; and
(2) school resource officer as defined by Section
1701.601.
(b) An officer to whom this section applies shall complete a
one-time training program on responding to an active shooter as
provided by the Advanced Law Enforcement Rapid Response Training
Center at Texas State University--San Marcos, or a similar
organization approved by the commission, before or within two years
of beginning to provide law enforcement services at a public
primary or secondary school.
(c) Completion of a training program under this section
satisfies any other requirement that the officer complete a
training program on responding to active shooters, including under
Section 37.0812(a), Education Code.
SECTION 34. The change in law made by this Act to Section
37.081, Education Code, applies only to a memorandum of
understanding under that section that is entered into on or after
September 1, 2023.
SECTION 35. As soon as practicable after the effective date
of this Act, the Texas Education Agency shall establish the office
of school safety and security and the governor shall appoint the
director of that office as required by Section 37.1083, Education
Code, as added by this Act.
SECTION 36. Section 37.1084(c), Education Code, as added by
this Act, applies only to a superintendent, administrator serving
as educational leader and chief executive officer of a school
district or open-enrollment charter school, or other administrator
of the district or school employed under a contract entered into on
or after the effective date of this Act.
SECTION 37. Section 45.1011, Education Code, as added by
this Act, applies only to a bond authorized to be issued at an
election held on or after the effective date of this Act.
SECTION 38. (a) As soon as practicable after the effective
date of this Act, the Texas Commission on Law Enforcement shall
adopt rules to implement Sections 1701.253(q) and 1701.2635,
Occupations Code, as added by this Act.
(b) The minimum curriculum requirements under Section
1701.253(q), Occupations Code, as added by this Act, apply only to
an officer who first begins to satisfy those requirements on or
after January 1, 2024.
(c) Notwithstanding Section 1701.2635, Occupations Code, as
added by this Act, an officer who holds a license under Chapter
1701, Occupations Code, on September 1, 2023, and to whom that
section applies shall complete the training program required by
that section not later than September 1, 2025.
SECTION 39. To the extent of any conflict, this Act prevails
over another Act of the 88th Legislature, Regular Session, 2023,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 40. (a) Except as provided by Subsections (b) and
(c) of this section, this Act applies beginning with the 2023-2024
school year.
(b) Notwithstanding Section 22.904, Education Code, as
added by this Act, a school district must require the district's
employees to complete the mental health first aid training required
under that section as follows:
(1) at least 25 percent of the applicable district
employees before the beginning of the 2025-2026 school year;
(2) at least 50 percent of the applicable district
employees before the beginning of the 2026-2027 school year;
(3) at least 75 percent of the applicable district
employees before the beginning of the 2027-2028 school year; and
(4) 100 percent of the applicable district employees
before the beginning of the 2028-2029 school year.
(c) Chapter 47A, Education Code, as added by this Act,
applies beginning with the 2024-2025 school year.
SECTION 41. (a) Except as provided by Subsections (b) and
(c) of this section, this Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2023.
(b) Section 48.115, Education Code, as amended by this Act,
takes effect September 1, 2023.
(c) Section 29 of this Act takes effect January 1, 2024, but
only if the constitutional amendment proposed by the 88th
Legislature, Regular Session, 2023, creating the state school
safety fund to provide financial support for projects that enhance
the safety of public schools in this state is approved by the
voters. If that constitutional amendment is not approved by the
voters, Section 29 of this Act has no effect.