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Texas Senate Bill SB1664

Texas 2023 - 88th Regular

Texas Senate Bill SB1664 Compare Versions

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11 By: West, Blanco S.B. No. 1664
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44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to the establishment of the school safety technical
77 advisory committee and the school safety accountability program.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Chapter 37, Education Code, is amended by adding
1010 Subchapter H to read as follows:
1111 SUBCHAPTER H. SCHOOL SAFETY ACCOUNTABILITY PROGRAM
1212 Sec. 37.251. DEFINITIONS. In this subchapter:
1313 (1) "Advisory committee" means the school safety
1414 technical advisory committee established under Section 37.252.
1515 (2) "Chief of school safety and security" means the
1616 individual appointed by the governor as chief of school safety and
1717 security for the agency.
1818 (3) "Law enforcement leadership officer" means:
1919 (A) the chief of police of a school district
2020 police department;
2121 (B) the chief or deputy chief of police of a
2222 municipality;
2323 (C) a sheriff;
2424 (D) a constable; or
2525 (E) a highway patrol officer:
2626 (i) designated by the public safety
2727 director of the Department of Public Safety; and
2828 (ii) who holds a rank of lieutenant or
2929 higher.
3030 (4) "Program" means the school safety accountability
3131 program established under this subchapter.
3232 (5) "School exterior" means the outer walls, doors,
3333 and windows of a school district or open-enrollment charter school
3434 facility.
3535 (6) "School guardian" means a person who, pursuant to
3636 the written regulations or written authorization of a school
3737 district or open-enrollment charter school under Section
3838 46.03(a)(1)(A), Penal Code, is authorized to carry or possess a
3939 specified weapon for the purpose of providing safety and security
4040 on the physical premises of a school, any grounds or building on
4141 which an activity sponsored by a school is being conducted, or a
4242 passenger transportation vehicle of a school.
4343 (7) "School interior" means the area inside of a
4444 school district or open-enrollment charter school facility's outer
4545 walls, including the facility's interior doors.
4646 (8) "School perimeter" means the boundaries of the
4747 real property or site on which a school district or open-enrollment
4848 charter school campus is located.
4949 (9) "School safety rating" means a school safety
5050 accountability rating assigned under Section 37.257 to a school
5151 district or open-enrollment charter school campus based on the
5252 campus's school safety score.
5353 (10) "School safety score" means the numeric school
5454 safety score assigned to a school district or open-enrollment
5555 charter school campus under Section 37.254.
5656 Sec. 37.252. SCHOOL SAFETY TECHNICAL ADVISORY COMMITTEE.
5757 (a) The agency shall establish the school safety technical
5858 advisory committee to advise the agency regarding the school safety
5959 accountability program established under this subchapter. The
6060 committee is composed of:
6161 (1) the following six members, with the governor, the
6262 lieutenant governor, and the speaker of the house of
6363 representatives each appointing two members chosen from among the
6464 following three categories:
6565 (A) public school superintendents;
6666 (B) law enforcement leadership officers; and
6767 (C) persons serving in a school safety leadership
6868 capacity other than as a law enforcement leadership officer; and
6969 (2) four additional members appointed by the
7070 commissioner, including, from either a school district or
7171 open-enrollment charter school, at least one member who is a
7272 teacher, at least one principal of an elementary school campus, and
7373 at least one principal of a high school campus.
7474 (b) An individual may not be appointed under Subsection (a)
7575 to serve on the committee as a law enforcement leadership officer
7676 unless the individual has completed the initial training program
7777 required by police chiefs under Section 96.641 and any continuing
7878 education required for police chiefs under that section.
7979 (c) A committee member serves a two-year term and may be
8080 reappointed.
8181 Sec. 37.253. ESTABLISHMENT OF PROGRAM. (a) The agency
8282 shall establish a school safety accountability program to ensure
8383 school district and open-enrollment charter school campuses
8484 provide safe and secure environments.
8585 (b) The chief of school safety and security shall oversee
8686 and administer the program.
8787 (c) The chief of school safety and security may lower a
8888 school district's or open-enrollment charter school's school safety
8989 score or school safety rating on a determination that the
9090 district's or school's score as reported under Section 37.254 is
9191 substantially inaccurate. A decision by the chief of school safety
9292 and security under this subsection is final and not subject to
9393 appeal.
9494 Sec. 37.254. SCHOOL SAFETY SCORE. (a) Not later than
9595 January 30 of each year, the agency shall assign each school
9696 district and open-enrollment charter school campus a school safety
9797 score. The school safety score must be:
9898 (1) a number between zero and 100, with 100
9999 representing a perfect score; and
100100 (2) based on an audit of campus school safety
101101 conducted by the district or school applying the metrics of
102102 assessment developed under Section 37.255.
103103 (b) Each school district and open-enrollment charter school
104104 shall annually conduct an audit of the safety of each campus of the
105105 district or school applying the metrics of assessment developed
106106 under Section 37.255 to assign a school safety score to each campus.
107107 The district or school shall submit the campus school safety score
108108 assigned for each campus under this subsection to the agency in the
109109 manner and form required by the commissioner.
110110 (c) The agency shall keep confidential each campus school
111111 safety score assigned to a school campus under this section,
112112 including the application of each metric to that campus used in
113113 determining the score.
114114 Sec. 37.255. METRICS OF ASSESSMENT. (a) The agency, in
115115 consultation with the advisory committee, the Texas School Safety
116116 Center, the Advanced Law Enforcement Rapid Response Training Center
117117 at Texas State University--San Marcos, and other appropriate
118118 stakeholders designated by the commissioner, shall develop
119119 criteria for metrics of assessment to be applied in calculating a
120120 school safety score under Section 37.254 for each school district
121121 and open-enrollment charter school campus.
122122 (b) Except as provided by Subsection (d), the metrics of
123123 assessment must, with respect to each school district and
124124 open-enrollment charter school campus:
125125 (1) evaluate separately each school perimeter,
126126 exterior, and interior at the district or school; and
127127 (2) include metrics for evaluating:
128128 (A) whether all classroom and exterior doors
129129 lock;
130130 (B) the type and location of exterior cameras
131131 installed at the campus;
132132 (C) the type and location of interior cameras
133133 installed at the campus;
134134 (D) the features of any school safety Internet
135135 application used by the school, including if:
136136 (i) a school lockdown or threat
137137 automatically triggers the application to call or make a digital
138138 directive announcement to the local 9-1-1 emergency call center;
139139 (ii) the application integrates with
140140 information reported through the Public Education Information
141141 Management System (PEIMS); or
142142 (iii) the application integrates with the
143143 health information of school staff and students as necessary for
144144 providing effective emergency medical treatment following a
145145 disaster or emergency situation, including a staff member's or
146146 student's blood type, medication allergies, and significant
147147 diseases or health conditions;
148148 (E) the frequency and type of active shooter and
149149 other disaster drills;
150150 (F) the security of exterior gates and fencing;
151151 (G) the ease of access to the campus for an
152152 intruder;
153153 (H) safety procedures for student pick-up and
154154 drop-off at the campus;
155155 (I) the safety of campus parking lots used by
156156 visitors and faculty;
157157 (J) severe weather and disaster alerts and
158158 preparedness;
159159 (K) the availability of devices allowing for
160160 two-way communication between campus administrators or campus
161161 police, if applicable, and each classroom;
162162 (L) the safety and storage of firearms at each
163163 campus;
164164 (M) the provision of security services at each
165165 campus for which a school marshal is appointed or at which a school
166166 guardian is authorized;
167167 (N) for a campus at which a school resource
168168 officer is assigned, coverage of school resource officers;
169169 (O) for a campus at which peace officers
170170 commissioned and employed by the district or school provide
171171 services, data related to commissioned district or school peace
172172 officers, including demographic information and information
173173 concerning training and experience;
174174 (P) information regarding the campus reported to
175175 the agency under Section 38.0141; and
176176 (Q) any other safety criteria required by the
177177 agency.
178178 (c) In developing criteria for the metrics of assessment
179179 under Subsection (a), the agency shall account for differences
180180 among school district and open-enrollment charter school campuses,
181181 including by differentiating how metrics evaluated under
182182 Subsection (b)(2) are applied among campuses that:
183183 (1) are located in rural, urban, or suburban areas;
184184 (2) have older or more recently constructed
185185 facilities; and
186186 (3) have or do not have student populations in which at
187187 least 40 percent of the students are:
188188 (A) educationally disadvantaged; or
189189 (B) students at risk of dropping out of school,
190190 as defined by Section 29.081(d).
191191 (d) In developing criteria for metrics of assessment under
192192 Subsection (a), the agency shall prioritize harmonizing the
193193 criteria and metrics adopted for purposes of this section with any
194194 related school safety and security requirements adopted under S.B.
195195 11, Acts of the 88th Legislature, Regular Session, 2023. The
196196 commissioner may waive the requirement of applying a metric
197197 otherwise required in conducting a school safety audit under
198198 Subsection (b) to the extent necessary for purposes of harmonizing
199199 school safety and security requirements applied to school districts
200200 and open-enrollment charter schools under this code.
201201 Sec. 37.256. SCHOOL SAFETY MOBILE INTERNET APPLICATION
202202 REQUIREMENTS. If a school district or open-enrollment charter
203203 school provides a school safety mobile Internet application, the
204204 application:
205205 (1) must comply with the Health Insurance Portability
206206 and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and
207207 the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
208208 Section 1232g); and
209209 (2) may only contain health information voluntarily
210210 provided for integration in the application:
211211 (A) for a student, by the student's parent or
212212 guardian; or
213213 (B) by an educator or other campus staff.
214214 Sec. 37.257. SCHOOL SAFETY RATING. (a) The agency, with
215215 input from the advisory committee, shall adopt a method for
216216 converting a school safety score assigned under Section 37.254 to a
217217 school safety rating for purposes of this section.
218218 (b) Not later than January 30 of each year, the agency shall
219219 assign each school district and open-enrollment charter school
220220 campus, based on that campus's self-reported school safety score, a
221221 preliminary school safety rating of:
222222 (1) meets standards; or
223223 (2) does not meet standards.
224224 (c) Not later than March 1, the agency shall assign a final
225225 school safety rating of "meets standards" or "does not meet
226226 standards" to each school district and open-enrollment charter
227227 school campus, except a campus implementing a remediation plan
228228 under a deadline established by Section 37.258(e).
229229 Sec. 37.258. CAMPUS REMEDIATION PLAN. (a) The principal of
230230 a school district or open-enrollment charter school campus assigned
231231 a preliminary school safety rating under Section 37.257 of "does
232232 not meet standards" shall prepare a campus remediation plan.
233233 (b) A campus remediation plan must:
234234 (1) specifically address improvements to school
235235 safety to be made at the campus prior to the beginning of the
236236 following school year;
237237 (2) for a school district campus, be prepared in
238238 coordination with the board of trustees of the district;
239239 (3) specify a process for implementing the plan;
240240 (4) be approved by the board of trustees of the school
241241 district or the governing body of the open-enrollment charter
242242 school in which the campus is located, as applicable; and
243243 (5) be submitted to the agency not later than the 45th
244244 day after the date on which the preliminary school safety rating was
245245 assigned.
246246 (c) The chief of school safety and security shall evaluate
247247 each campus remediation plan submitted under Subsection (b). If
248248 the chief of school safety and security determines that a plan is
249249 sufficient, the chief of school safety and security shall revise
250250 the school safety rating assigned to the campus to the rating of
251251 "meets standards."
252252 (d) The agency shall notify the principal of the campus
253253 whether the remediation plan is sufficient for the campus to be
254254 assigned a revised school safety rating of "meets standards."
255255 (e) After a remediation plan is determined to be sufficient
256256 under this section, the advisory committee shall establish a
257257 deadline by which the principal of a school district or
258258 open-enrollment charter school must submit to the board of trustees
259259 of the district or governing board of the school, as applicable,
260260 documentation showing that the campus has implemented the
261261 remediation plan.
262262 (f) The chief of school safety and security has the sole
263263 authority to revise a school safety rating under this section.
264264 (g) Except as provided by this subsection and Subsections
265265 (h) and (i), the agency and a school district or open-enrollment
266266 charter school required to prepare a remediation plan shall keep
267267 that requirement, the remediation plan, and the implementation
268268 process for the plan confidential. The district or school may
269269 disclose information related to a remediation plan prepared under
270270 this section only as necessary for purposes of preparing and
271271 implementing the remediation plan and only to school personnel, who
272272 must keep the disclosed information confidential.
273273 (h) Following the implementation of a remediation plan by
274274 the deadline established under Subsection (e), a school district or
275275 open-enrollment charter school may provide a written notice that
276276 the district or school was required to prepare a remediation plan
277277 under this section and has completed implementation of that plan to
278278 district or school employees and parents of or persons standing in
279279 parental relation to students enrolled in the district or school.
280280 (i) The chief of school safety and security may publicly
281281 disclose that a school district or open-enrollment charter school
282282 has been assigned a final school safety rating of "does not meet
283283 standards" only if the chief determines by a preponderance of the
284284 evidence that the district or school, after receiving a preliminary
285285 school safety rating of "does not meet standards," is able but has
286286 refused to prepare or implement a remediation plan adequate to
287287 receive a revised school safety rating of "meets standards" under
288288 this section.
289289 Sec. 37.259. CONFIDENTIALITY FROM PUBLIC DISCLOSURE. The
290290 following information produced under this subchapter is
291291 confidential and not subject to disclosure under Chapter 552,
292292 Government Code:
293293 (1) a school safety score, including data collected or
294294 an audit report prepared by or in connection with determining or
295295 assigning the school safety score;
296296 (2) a preliminary school safety rating assigned under
297297 Section 37.257; and
298298 (3) a campus remediation plan prepared by a school
299299 district or open-enrollment charter school under Section 37.258.
300300 Sec. 37.260. RULES; DEADLINES. (a) The commissioner shall
301301 adopt rules necessary to implement this subchapter, including rules
302302 regarding requirements for further remediation by a school district
303303 or open-enrollment charter school campus that submits a remediation
304304 plan that is determined to be insufficient for purposes of Section
305305 37.258.
306306 (b) The commissioner may extend or modify a timeline or
307307 deadline established by this subchapter.
308308 Sec. 37.261. TEXAS SCHOOL SAFETY REPORT CARD. (a) Not
309309 later than August 15 of each year, the agency shall publish on the
310310 agency's Internet website the school safety report card, which
311311 consists of a list of the most recently assigned final school safety
312312 ratings under Section 37.257 for each school district and
313313 open-enrollment charter school campus in the state, unless
314314 disclosure of a campus's rating is prohibited under this
315315 subchapter.
316316 (b) Each school district and open-enrollment charter school
317317 shall annually provide either a copy of the school safety report
318318 card or a link to the report card on the agency's Internet website
319319 to each parent, guardian, or person standing in parental relation
320320 to a student in the district or school.
321321 SECTION 2. (a) Not later than October 1, 2023, the
322322 commissioner of education shall establish the school safety
323323 technical advisory committee required under Section 37.252,
324324 Education Code, as added by this Act.
325325 (b) Not later than January 30, 2026, the Texas Education
326326 Agency shall assign each school district and open-enrollment
327327 charter school campus:
328328 (1) a school safety score under Section 37.254,
329329 Education Code, as added by this Act; and
330330 (2) a school safety rating under Section 37.257,
331331 Education Code, as added by this Act.
332332 SECTION 3. This Act takes effect immediately if it receives
333333 a vote of two-thirds of all the members elected to each house, as
334334 provided by Section 39, Article III, Texas Constitution. If this
335335 Act does not receive the vote necessary for immediate effect, this
336336 Act takes effect September 1, 2023.