1 | 1 | | By: Toth H.B. No. 1010 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | A BILL TO BE ENTITLED |
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7 | 7 | | AN ACT |
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8 | 8 | | relating to measures for ensuring safety and security in public |
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9 | 9 | | schools, including measures related to certain student records and |
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10 | 10 | | conduct. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 7.028(a), Education Code, is amended to |
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13 | 13 | | read as follows: |
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14 | 14 | | (a) Except as provided by Section 21.006(k), 22.093(l), |
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15 | 15 | | 22.096, 28.006, 29.001(5), 29.010(a), 33.006(h), 37.1083, 38.003, |
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16 | 16 | | or 39.003, the agency may monitor compliance with requirements |
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17 | 17 | | applicable to a process or program provided by a school district, |
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18 | 18 | | campus, program, or school granted charters under Chapter 12, |
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19 | 19 | | including the process described by Subchapter F, Chapter 11, or a |
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20 | 20 | | program described by Subchapter B, C, D, E, F, H, or I, Chapter 29, |
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21 | 21 | | or Subchapter A, Chapter 37, only as necessary to ensure: |
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22 | 22 | | (1) compliance with federal law and regulations; |
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23 | 23 | | (2) financial accountability, including compliance |
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24 | 24 | | with grant requirements; |
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25 | 25 | | (3) data integrity for purposes of: |
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26 | 26 | | (A) the Public Education Information Management |
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27 | 27 | | System (PEIMS); and |
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28 | 28 | | (B) accountability under Chapters 39 and 39A; and |
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29 | 29 | | (4) qualification for funding under Chapter 48. |
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30 | 30 | | SECTION 2. Subchapter B, Chapter 8, Education Code, is |
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31 | 31 | | amended by adding Section 8.064 to read as follows: |
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32 | 32 | | Sec. 8.064. SCHOOL SAFETY SUPPORT. (a) A regional |
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33 | 33 | | education service center shall act as a school safety resource for |
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34 | 34 | | school districts and open-enrollment charter schools in the region |
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35 | 35 | | served by the center. The center may assist a school district or |
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36 | 36 | | open-enrollment charter school: |
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37 | 37 | | (1) in developing and implementing a multihazard |
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38 | 38 | | emergency operations plan under Section 37.108; |
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39 | 39 | | (2) in establishing a school safety and security |
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40 | 40 | | committee under Section 37.109; |
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41 | 41 | | (3) in conducting emergency school drills and |
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42 | 42 | | exercises; |
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43 | 43 | | (4) in addressing deficiencies in campus security |
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44 | 44 | | identified by a school safety review team under Section 37.1084; |
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45 | 45 | | and |
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46 | 46 | | (5) by providing guidance on any other matter relating |
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47 | 47 | | to school safety and security. |
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48 | 48 | | (b) A regional education service center shall provide |
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49 | 49 | | assistance as necessary to the region's school safety review team |
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50 | 50 | | established under Section 37.1084. |
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51 | 51 | | SECTION 3. Section 12.104(b), Education Code, as amended by |
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52 | 52 | | Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B. |
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53 | 53 | | 2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular |
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54 | 54 | | Session, 2021, is reenacted and amended to read as follows: |
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55 | 55 | | (b) An open-enrollment charter school is subject to: |
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56 | 56 | | (1) a provision of this title establishing a criminal |
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57 | 57 | | offense; |
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58 | 58 | | (2) the provisions in Chapter 554, Government Code; |
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59 | 59 | | and |
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60 | 60 | | (3) a prohibition, restriction, or requirement, as |
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61 | 61 | | applicable, imposed by this title or a rule adopted under this |
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62 | 62 | | title, relating to: |
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63 | 63 | | (A) the Public Education Information Management |
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64 | 64 | | System (PEIMS) to the extent necessary to monitor compliance with |
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65 | 65 | | this subchapter as determined by the commissioner; |
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66 | 66 | | (B) criminal history records under Subchapter C, |
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67 | 67 | | Chapter 22; |
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68 | 68 | | (C) reading instruments and accelerated reading |
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69 | 69 | | instruction programs under Section 28.006; |
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70 | 70 | | (D) accelerated instruction under Section |
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71 | 71 | | 28.0211; |
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72 | 72 | | (E) high school graduation requirements under |
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73 | 73 | | Section 28.025; |
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74 | 74 | | (F) special education programs under Subchapter |
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75 | 75 | | A, Chapter 29; |
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76 | 76 | | (G) bilingual education under Subchapter B, |
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77 | 77 | | Chapter 29; |
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78 | 78 | | (H) prekindergarten programs under Subchapter E |
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79 | 79 | | or E-1, Chapter 29, except class size limits for prekindergarten |
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80 | 80 | | classes imposed under Section 25.112, which do not apply; |
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81 | 81 | | (I) extracurricular activities under Section |
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82 | 82 | | 33.081; |
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83 | 83 | | (J) discipline management practices or behavior |
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84 | 84 | | management techniques under Section 37.0021; |
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85 | 85 | | (K) health and safety under Chapter 38; |
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86 | 86 | | (L) the provisions of Subchapter A, Chapter 39; |
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87 | 87 | | (M) public school accountability and special |
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88 | 88 | | investigations under Subchapters A, B, C, D, F, G, and J, Chapter |
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89 | 89 | | 39, and Chapter 39A; |
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90 | 90 | | (N) the requirement under Section 21.006 to |
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91 | 91 | | report an educator's misconduct; |
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92 | 92 | | (O) intensive programs of instruction under |
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93 | 93 | | Section 28.0213; |
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94 | 94 | | (P) the right of a school employee to report a |
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95 | 95 | | crime, as provided by Section 37.148; |
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96 | 96 | | (Q) bullying prevention policies and procedures |
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97 | 97 | | under Section 37.0832; |
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98 | 98 | | (R) the right of a school under Section 37.0052 |
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99 | 99 | | to place a student who has engaged in certain bullying behavior in a |
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100 | 100 | | disciplinary alternative education program or to expel the student; |
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101 | 101 | | (S) the right under Section 37.0151 to report to |
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102 | 102 | | local law enforcement certain conduct constituting assault or |
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103 | 103 | | harassment; |
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104 | 104 | | (T) a parent's right to information regarding the |
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105 | 105 | | provision of assistance for learning difficulties to the parent's |
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106 | 106 | | child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); |
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107 | 107 | | (U) establishment of residency under Section |
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108 | 108 | | 25.001; |
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109 | 109 | | (V) school safety requirements under Sections |
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110 | 110 | | 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.109, 37.113, |
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111 | 111 | | 37.114, 37.1141, 37.115, 37.207, and 37.2071; |
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112 | 112 | | (W) the early childhood literacy and mathematics |
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113 | 113 | | proficiency plans under Section 11.185; |
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114 | 114 | | (X) the college, career, and military readiness |
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115 | 115 | | plans under Section 11.186; and |
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116 | 116 | | (Y) [(X)] parental options to retain a student |
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117 | 117 | | under Section 28.02124. |
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118 | 118 | | SECTION 4. Section 25.002(a), Education Code, is amended to |
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119 | 119 | | read as follows: |
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120 | 120 | | (a) If a parent or other person with legal control of a child |
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121 | 121 | | under a court order enrolls the child in a public school, the parent |
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122 | 122 | | or other person or the school district in which the child most |
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123 | 123 | | recently attended school shall furnish to the school district: |
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124 | 124 | | (1) the child's birth certificate or another document |
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125 | 125 | | suitable as proof of the child's identity; |
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126 | 126 | | (2) a copy of the child's records from the school the |
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127 | 127 | | child most recently attended if the child has been previously |
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128 | 128 | | enrolled in a school in this state or another state, including for a |
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129 | 129 | | child who most recently attended a public school in this state, a |
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130 | 130 | | copy of the child's disciplinary record and any threat assessment |
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131 | 131 | | involving the child's behavior conducted under Section 37.115; and |
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132 | 132 | | (3) a record showing that the child has the |
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133 | 133 | | immunizations as required under Section 38.001, in the case of a |
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134 | 134 | | child required under that section to be immunized, proof as |
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135 | 135 | | required by that section showing that the child is not required to |
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136 | 136 | | be immunized, or proof that the child is entitled to provisional |
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137 | 137 | | admission under that section and under rules adopted under that |
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138 | 138 | | section. |
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139 | 139 | | SECTION 5. Section 25.036, Education Code, is amended by |
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140 | 140 | | adding Subsection (c) to read as follows: |
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141 | 141 | | (c) In the case of a transfer under this section, a child's |
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142 | 142 | | school district of residence shall provide the receiving district |
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143 | 143 | | with the child's disciplinary record and any threat assessment |
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144 | 144 | | involving the child's behavior conducted under Section 37.115. |
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145 | 145 | | SECTION 6. Section 25.095(a), Education Code, is amended to |
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146 | 146 | | read as follows: |
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147 | 147 | | (a) A school district or open-enrollment charter school |
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148 | 148 | | shall notify a student's parent in writing at the beginning of the |
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149 | 149 | | school year that if the student is absent from school, without |
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150 | 150 | | excuse under Section 25.087, on six [10] or more days or parts of |
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151 | 151 | | days within an eight-week [a six-month] period in the same school |
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152 | 152 | | year: |
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153 | 153 | | (1) the student's parent is subject to prosecution |
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154 | 154 | | under Section 25.093; and |
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155 | 155 | | (2) the student is subject to referral to a truancy |
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156 | 156 | | court for truant conduct under Section 65.003(a), Family Code. |
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157 | 157 | | SECTION 7. Section 25.0951(a), Education Code, is amended |
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158 | 158 | | to read as follows: |
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159 | 159 | | (a) If a student fails to attend school without excuse on |
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160 | 160 | | six [10] or more days or parts of days within an eight-week [a |
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161 | 161 | | six-month] period in the same school year, a school district shall |
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162 | 162 | | within 10 school days of the student's sixth [10th] absence refer |
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163 | 163 | | the student to a truancy court for truant conduct under Section |
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164 | 164 | | 65.003(a), Family Code. |
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165 | 165 | | SECTION 8. Section 37.108, Education Code, is amended by |
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166 | 166 | | amending Subsections (a), (b), and (c) and adding Subsections (a-1) |
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167 | 167 | | and (h) to read as follows: |
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168 | 168 | | (a) Each school district or public junior college district |
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169 | 169 | | shall adopt and implement a multihazard emergency operations plan |
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170 | 170 | | for use in the district's facilities. The plan must address |
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171 | 171 | | prevention, mitigation, preparedness, response, and recovery in |
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172 | 172 | | accordance with the definitions established for those terms under |
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173 | 173 | | Subsection (a-1) [as defined by the Texas School Safety Center in |
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174 | 174 | | conjunction with the governor's office of homeland security and the |
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175 | 175 | | commissioner of education or commissioner of higher education, as |
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176 | 176 | | applicable]. The plan must provide for: |
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177 | 177 | | (1) training in responding to an emergency for |
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178 | 178 | | district employees, including substitute teachers; |
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179 | 179 | | (2) measures to ensure district employees, including |
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180 | 180 | | substitute teachers, have classroom access to a telephone, |
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181 | 181 | | including a cellular telephone, or another electronic |
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182 | 182 | | communication device allowing for immediate contact with district |
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183 | 183 | | emergency services or emergency services agencies, law enforcement |
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184 | 184 | | agencies, health departments, and fire departments; |
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185 | 185 | | (3) measures to ensure district communications |
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186 | 186 | | technology and infrastructure are adequate to allow for |
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187 | 187 | | communication during an emergency; |
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188 | 188 | | (4) if the plan applies to a school district: |
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189 | 189 | | (A) [,] mandatory school drills and exercises, |
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190 | 190 | | including drills required under Section 37.114, to prepare district |
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191 | 191 | | students and employees for responding to an emergency; and |
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192 | 192 | | (B) measures that incorporate and address the |
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193 | 193 | | results of a safety and security audit conducted under Subsection |
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194 | 194 | | (b) and an on-site vulnerability assessment conducted by a school |
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195 | 195 | | safety review team under Section 37.1084; |
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196 | 196 | | (5) measures to ensure coordination with the |
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197 | 197 | | Department of State Health Services and local emergency management |
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198 | 198 | | agencies, law enforcement, health departments, and fire |
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199 | 199 | | departments in the event of an emergency; and |
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200 | 200 | | (6) the implementation of a safety and security audit |
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201 | 201 | | as required by Subsection (b). |
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202 | 202 | | (a-1) The Texas School Safety Center shall establish |
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203 | 203 | | definitions of prevention, mitigation, preparedness, response, and |
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204 | 204 | | recovery for purposes of a multihazard emergency operations plan |
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205 | 205 | | under Subsection (a): |
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206 | 206 | | (1) for a plan applicable to a public junior college |
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207 | 207 | | district, in conjunction with the governor's office of homeland |
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208 | 208 | | security and the commissioner of higher education; or |
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209 | 209 | | (2) for a plan applicable to a school district, in |
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210 | 210 | | conjunction with the governor's office of homeland security and |
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211 | 211 | | with the approval of the commissioner of education. |
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212 | 212 | | (b) At least once every three years, each school district or |
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213 | 213 | | public junior college district shall conduct a safety and security |
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214 | 214 | | audit of the district's facilities in the following manner: |
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215 | 215 | | (1) a school [. To the extent possible, a] district |
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216 | 216 | | shall: |
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217 | 217 | | (A) follow safety and security audit procedures |
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218 | 218 | | adopted by the commissioner in consultation with [developed by] the |
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219 | 219 | | Texas School Safety Center; and |
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220 | 220 | | (B) unless a district employee conducts the |
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221 | 221 | | audit, engage [or] a person approved by the commissioner and |
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222 | 222 | | included in the registry established by the Texas School Safety |
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223 | 223 | | Center under Section 37.2091 to conduct the audit; and |
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224 | 224 | | (2) a public junior college district shall, to the |
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225 | 225 | | extent possible, follow safety and security audit procedures |
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226 | 226 | | developed by the Texas School Safety Center or a person included in |
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227 | 227 | | the registry established by the Texas School Safety Center under |
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228 | 228 | | Section 37.2091. |
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229 | 229 | | (c) A school district or public junior college district |
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230 | 230 | | shall report the results of the safety and security audit conducted |
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231 | 231 | | under Subsection (b) to the district's board of trustees and, in the |
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232 | 232 | | manner required by the Texas School Safety Center, to the Texas |
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233 | 233 | | School Safety Center. Additionally, a school district shall report |
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234 | 234 | | the results of the audit to the agency. The report provided to the |
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235 | 235 | | Texas School Safety Center and, if applicable, to the agency under |
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236 | 236 | | this subsection must be signed by: |
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237 | 237 | | (1) for a school district, the district's board of |
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238 | 238 | | trustees and superintendent; or |
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239 | 239 | | (2) for a public junior college district, the |
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240 | 240 | | president of the junior college district. |
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241 | 241 | | (h) The commissioner, in consultation with the Texas School |
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242 | 242 | | Safety Center, shall adopt rules regarding requirements for school |
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243 | 243 | | district: |
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244 | 244 | | (1) multihazard emergency operations plans; and |
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245 | 245 | | (2) safety and security audits. |
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246 | 246 | | SECTION 9. Subchapter C, Chapter 37, Education Code, is |
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247 | 247 | | amended by adding Section 37.088 to read as follows: |
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248 | 248 | | Sec. 37.088. CLASSROOM SAFETY REVIEW AND REFERRAL PROGRAM. |
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249 | 249 | | (a) If, after an investigation is completed, the principal of a |
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250 | 250 | | public primary or secondary school has reasonable grounds to |
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251 | 251 | | believe that a student engaged in violent criminal conduct, |
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252 | 252 | | including assaultive conduct, the principal shall: |
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253 | 253 | | (1) refer the student to the classroom safety review |
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254 | 254 | | committee established under Subsection (b); or |
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255 | 255 | | (2) make a report to any school district police |
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256 | 256 | | department, if applicable, or the police department of the |
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257 | 257 | | municipality in which the school is located or, if the school is not |
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258 | 258 | | in a municipality, the sheriff of the county in which the school is |
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259 | 259 | | located. |
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260 | 260 | | (b) Before the beginning of each school year, a public |
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261 | 261 | | primary or secondary school shall establish a classroom safety |
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262 | 262 | | review committee that consists of five classroom teachers who are |
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263 | 263 | | selected from all classroom teachers employed by the school through |
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264 | 264 | | a nomination and election process, as determined by the school. |
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265 | 265 | | (c) If a student is referred to the classroom safety review |
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266 | 266 | | committee under Subsection (a)(1), the committee shall review all |
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267 | 267 | | electronic, written, and verbal evidence or testimony or video |
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268 | 268 | | provided to the committee and interview any eyewitnesses. After |
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269 | 269 | | review, the committee shall, by majority vote, refer the student |
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270 | 270 | | to: |
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271 | 271 | | (1) a person designated by the school as the juvenile |
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272 | 272 | | diversion administrator under Subsection (d); or |
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273 | 273 | | (2) the classroom safety referral board established |
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274 | 274 | | under Subsection (e). |
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275 | 275 | | (d) A public primary or secondary school shall designate a |
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276 | 276 | | person as the juvenile diversion administrator for the school. If |
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277 | 277 | | the classroom safety review committee refers a student to the |
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278 | 278 | | juvenile diversion administrator under Subsection (c)(1), the |
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279 | 279 | | juvenile diversion administrator shall: |
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280 | 280 | | (1) require the student to perform a certain number of |
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281 | 281 | | hours of community service; |
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282 | 282 | | (2) require the student to participate in tutoring; or |
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283 | 283 | | (3) make a determination that the student is not |
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284 | 284 | | required to take any additional actions. |
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285 | 285 | | (e) A public primary or secondary school shall establish a |
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286 | 286 | | classroom safety referral board that consists of: |
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287 | 287 | | (1) two teachers who serve on the classroom safety |
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288 | 288 | | review committee; |
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289 | 289 | | (2) an assistant district attorney of the county in |
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290 | 290 | | which the school is located; |
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291 | 291 | | (3) an investigator from the sheriff's office in the |
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292 | 292 | | county in which the school is located; and |
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293 | 293 | | (4) a parent of a student enrolled at the school |
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294 | 294 | | selected by the board of trustees of the school district. |
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295 | 295 | | (f) If the classroom safety review committee refers a |
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296 | 296 | | student to the classroom safety referral board, the board shall |
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297 | 297 | | review all electronic, written, and verbal evidence or testimony or |
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298 | 298 | | video provided to the board and may hear new testimony from the |
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299 | 299 | | student or an eyewitness of the conduct. After review, the board, by |
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300 | 300 | | majority vote, shall: |
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301 | 301 | | (1) report the student's conduct to the local law |
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302 | 302 | | enforcement agency; or |
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303 | 303 | | (2) refer the student to the juvenile diversion |
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304 | 304 | | administrator under Subsection (d). |
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305 | 305 | | (g) Materials and information provided to or produced by the |
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306 | 306 | | classroom safety review committee or the classroom safety referral |
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307 | 307 | | board during a student review under this section must be maintained |
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308 | 308 | | in the student's school record until the student's 24th birthday. |
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309 | 309 | | (h) A person commits an offense if the person destroys |
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310 | 310 | | material or information described by Subsection (g) before the |
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311 | 311 | | period of maintenance required under that subsection has expired. |
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312 | 312 | | An offense under this subsection is a Class A misdemeanor. |
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313 | 313 | | (i) If an educator commits an offense under Subsection (h), |
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314 | 314 | | the educator may be subject to termination or suspension of the |
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315 | 315 | | educator's contract. |
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316 | 316 | | (j) Any testimony provided by an educator to the classroom |
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317 | 317 | | safety review committee or the classroom safety referral board |
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318 | 318 | | under this section is confidential and may not be disclosed to any |
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319 | 319 | | other person. |
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320 | 320 | | SECTION 10. Subchapter D, Chapter 37, Education Code, is |
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321 | 321 | | amended by adding Sections 37.1083 and 37.1084 to read as follows: |
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322 | 322 | | Sec. 37.1083. AGENCY MONITORING OF SCHOOL DISTRICT SAFETY |
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323 | 323 | | AND SECURITY REQUIREMENTS. (a) The agency shall monitor the |
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324 | 324 | | implementation and operation of requirements related to school |
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325 | 325 | | district safety and security, including school district: |
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326 | 326 | | (1) multihazard emergency operations plans; and |
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327 | 327 | | (2) safety and security audits. |
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328 | 328 | | (b) The agency shall establish an office of school safety |
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329 | 329 | | and security within the agency to coordinate the agency's |
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330 | 330 | | monitoring of school district safety and security requirements |
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331 | 331 | | under this section. The director of the office is appointed by the |
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332 | 332 | | governor and must report directly to the commissioner. |
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333 | 333 | | (c) The agency shall provide technical assistance to school |
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334 | 334 | | districts to support the implementation and operation of safety and |
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335 | 335 | | security requirements, including the preparation of multihazard |
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336 | 336 | | emergency operations plans and performance of safety and security |
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337 | 337 | | audits. |
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338 | 338 | | (d) The agency may engage or require a school district to |
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339 | 339 | | engage a third party as necessary to enable the agency to monitor |
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340 | 340 | | the implementation and operation of school district safety and |
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341 | 341 | | security requirements under this section. |
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342 | 342 | | (e) The commissioner may take appropriate action under |
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343 | 343 | | Chapter 39A, including the assignment of a conservator or the |
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344 | 344 | | appointment of a board of managers, if a school district fails to: |
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345 | 345 | | (1) submit to the required monitoring under this |
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346 | 346 | | section; |
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347 | 347 | | (2) comply with applicable safety and security |
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348 | 348 | | requirements; or |
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349 | 349 | | (3) address in a reasonable time period, as determined |
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350 | 350 | | by commissioner rule, issues raised by the monitoring of the |
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351 | 351 | | district under this section. |
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352 | 352 | | (f) The agency, or if approved by the agency, the Texas |
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353 | 353 | | School Safety Center, may identify, develop, and make available to |
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354 | 354 | | school districts information to assist districts in the |
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355 | 355 | | implementation and operation of safety and security requirements, |
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356 | 356 | | including relevant: |
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357 | 357 | | (1) guidelines; |
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358 | 358 | | (2) techniques; |
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359 | 359 | | (3) blueprints; |
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360 | 360 | | (4) best practices; and |
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361 | 361 | | (5) procedures. |
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362 | 362 | | (g) The agency, the Texas School Safety Center, and school |
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363 | 363 | | districts may share information described by Subsection (f) with |
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364 | 364 | | one another. |
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365 | 365 | | (h) The agency may require a school district to submit |
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366 | 366 | | information necessary for the agency to monitor the implementation |
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367 | 367 | | and operation of school district safety and security requirements |
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368 | 368 | | under this section, including: |
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369 | 369 | | (1) notice of an event requiring a district's |
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370 | 370 | | emergency response; and |
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371 | 371 | | (2) information regarding the district's response and |
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372 | 372 | | use of emergency operations procedures during an event described by |
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373 | 373 | | Subdivision (1). |
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374 | 374 | | (i) The agency may review school district records as |
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375 | 375 | | necessary to ensure compliance with this subchapter and Subchapter |
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376 | 376 | | G. |
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377 | 377 | | (j) Any document or information collected, identified, |
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378 | 378 | | developed, or produced relating to the monitoring of school |
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379 | 379 | | district safety and security requirements under this section is |
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380 | 380 | | confidential under Sections 418.177 and 418.181, Government Code, |
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381 | 381 | | and not subject to disclosure under Chapter 552, Government Code. |
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382 | 382 | | (k) The commissioner may adopt rules as necessary to |
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383 | 383 | | administer this section. |
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384 | 384 | | Sec. 37.1084. REGIONAL SCHOOL SAFETY REVIEW TEAMS. (a) In |
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385 | 385 | | this section: |
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386 | 386 | | (1) "Office" means the office of school safety and |
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387 | 387 | | security established under Section 37.1083. |
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388 | 388 | | (2) "Team" means a school safety review team |
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389 | 389 | | established under this section. |
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390 | 390 | | (b) The office shall establish a school safety review team |
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391 | 391 | | in each region served by a regional education service center. A team |
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392 | 392 | | shall twice annually conduct on-site vulnerability assessments of |
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393 | 393 | | each school district campus in the team's region. In conducting a |
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394 | 394 | | vulnerability assessment, a team must: |
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395 | 395 | | (1) use a rubric developed by the office in |
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396 | 396 | | consultation with the Texas School Safety Center; |
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397 | 397 | | (2) not later than the seventh day before the date of a |
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398 | 398 | | scheduled assessment, notify the superintendent of the school |
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399 | 399 | | district in which the campus being assessed is located; and |
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400 | 400 | | (3) on completion of the assessment, provide to the |
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401 | 401 | | superintendent and school safety and security committee |
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402 | 402 | | established under Section 37.109 for the school district in which |
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403 | 403 | | the campus is located a report on the results of the assessment that |
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404 | 404 | | includes recommendations to address any deficiencies in campus |
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405 | 405 | | security identified by the team. |
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406 | 406 | | (c) A regional education service center shall provide |
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407 | 407 | | support as necessary to assist the region's team in conducting |
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408 | 408 | | on-site vulnerability assessments under this section. |
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409 | 409 | | (d) A report produced by a team under this section is |
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410 | 410 | | confidential and not subject to disclosure under Chapter 552, |
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411 | 411 | | Government Code. |
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412 | 412 | | SECTION 11. Section 37.2071, Education Code, is amended by |
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413 | 413 | | amending Subsections (a), (c), and (e) and adding Subsections (b-1) |
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414 | 414 | | and (e-1) to read as follows: |
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415 | 415 | | (a) The center shall establish a random or need-based cycle |
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416 | 416 | | for the center's review and verification of school district and |
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417 | 417 | | public junior college district multihazard emergency operations |
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418 | 418 | | plans adopted under Section 37.108. The cycle must: |
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419 | 419 | | (1) provide for each district's plan to be reviewed at |
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420 | 420 | | regular intervals as determined by the center; and |
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421 | 421 | | (2) if applicable to a school district's plan, be |
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422 | 422 | | approved by the agency. |
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423 | 423 | | (b-1) The center shall share with the agency a copy of each |
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424 | 424 | | school district multihazard emergency operations plan submitted |
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425 | 425 | | under Subsection (b) and any other information requested by the |
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426 | 426 | | agency regarding the review of a school district's multihazard |
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427 | 427 | | emergency operations plan. |
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428 | 428 | | (c) The center, or for a school district, the center and the |
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429 | 429 | | agency, shall review each district's multihazard emergency |
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430 | 430 | | operations plan submitted under Subsection (b) and: |
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431 | 431 | | (1) verify the plan meets the requirements of Section |
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432 | 432 | | 37.108; or |
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433 | 433 | | (2) provide the district with written notice: |
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434 | 434 | | (A) describing the plan's deficiencies; |
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435 | 435 | | (B) including specific recommendations to |
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436 | 436 | | correct the deficiencies; and |
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437 | 437 | | (C) [(B)] stating that the district must correct |
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438 | 438 | | the deficiencies in its plan and resubmit the revised plan to the |
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439 | 439 | | center. |
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440 | 440 | | (e) The center, or for a school district, the center and the |
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441 | 441 | | agency, may approve a district multihazard emergency operations |
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442 | 442 | | plan that has deficiencies if the district submits a revised plan |
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443 | 443 | | that the center or the center and the agency, if applicable, |
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444 | 444 | | determines will correct the deficiencies. |
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445 | 445 | | (e-1) A school district multihazard emergency operations |
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446 | 446 | | plan may not be verified or approved under this section without the |
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447 | 447 | | agency's approval. |
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448 | 448 | | SECTION 12. Section 37.2091, Education Code, is amended by |
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449 | 449 | | adding Subsection (b-1) to read as follows: |
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450 | 450 | | (b-1) The center must receive approval from the agency |
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451 | 451 | | before adding to the registry a person providing school safety or |
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452 | 452 | | security consulting services to school districts. |
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453 | 453 | | SECTION 13. Section 48.115, Education Code, is amended by |
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454 | 454 | | amending Subsections (a) and (b) and adding Subsection (b-1) to |
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455 | 455 | | read as follows: |
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456 | 456 | | (a) A [From funds appropriated for that purpose, the |
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457 | 457 | | commissioner shall provide to a] school district is entitled to an |
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458 | 458 | | annual allotment equal to the sum of the following amounts or a |
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459 | 459 | | greater [in the] amount provided by appropriation: |
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460 | 460 | | (1) $10 for each student in average daily attendance, |
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461 | 461 | | plus $1 for each student in average daily attendance per every $50 |
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462 | 462 | | by which the district's maximum basic allotment under Section |
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463 | 463 | | 48.051 exceeds $6,160, prorated as necessary; and |
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464 | 464 | | (2) $15,000 per campus. |
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465 | 465 | | (b) Funds allocated under this section must be used to |
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466 | 466 | | improve school safety and security, including costs associated |
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467 | 467 | | with: |
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468 | 468 | | (1) securing school facilities, including: |
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469 | 469 | | (A) improvements to school infrastructure; |
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470 | 470 | | (B) the use or installation of physical barriers; |
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471 | 471 | | and |
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472 | 472 | | (C) the purchase and maintenance of: |
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473 | 473 | | (i) security cameras or other security |
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474 | 474 | | equipment; and |
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475 | 475 | | (ii) technology, including communications |
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476 | 476 | | systems or devices, that facilitates communication and information |
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477 | 477 | | sharing between students, school personnel, and first responders in |
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478 | 478 | | an emergency; |
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479 | 479 | | (2) providing security for the district, including: |
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480 | 480 | | (A) employing school district peace officers, |
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481 | 481 | | private security officers, and school marshals; and |
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482 | 482 | | (B) collaborating with local law enforcement |
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483 | 483 | | agencies, such as entering into a memorandum of understanding for |
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484 | 484 | | the assignment of school resource officers to schools in the |
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485 | 485 | | district; |
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486 | 486 | | (3) school safety and security measures [training and |
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487 | 487 | | planning], including: |
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488 | 488 | | (A) active shooter and emergency response |
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489 | 489 | | training; |
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490 | 490 | | (B) prevention and treatment programs relating |
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491 | 491 | | to addressing adverse childhood experiences; and |
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492 | 492 | | (C) the prevention, identification, and |
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493 | 493 | | management of emergencies and threats, using evidence-based, |
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494 | 494 | | effective prevention practices and including: |
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495 | 495 | | (i) providing licensed counselors, social |
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496 | 496 | | workers, and individuals trained in restorative discipline and |
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497 | 497 | | restorative justice practices; |
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498 | 498 | | (ii) providing mental health personnel and |
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499 | 499 | | support; |
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500 | 500 | | (iii) providing behavioral health |
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501 | 501 | | services; |
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502 | 502 | | (iv) establishing threat reporting |
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503 | 503 | | systems; and |
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504 | 504 | | (v) developing and implementing programs |
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505 | 505 | | focused on restorative justice practices, culturally relevant |
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506 | 506 | | instruction, and providing mental health support; and |
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507 | 507 | | (4) providing programs related to suicide prevention, |
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508 | 508 | | intervention, and postvention. |
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509 | 509 | | (b-1) The agency may designate certain technologies that a |
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510 | 510 | | school district, in using funds allocated under this section, may |
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511 | 511 | | purchase only from a vendor approved by the agency. |
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512 | 512 | | SECTION 14. Section 65.003(a), Family Code, is amended to |
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513 | 513 | | read as follows: |
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514 | 514 | | (a) A child engages in truant conduct if the child is |
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515 | 515 | | required to attend school under Section 25.085, Education Code, and |
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516 | 516 | | fails to attend school on six [10] or more days or parts of days |
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517 | 517 | | within an eight-week [a six month] period in the same school year. |
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518 | 518 | | SECTION 15. (a) As soon as practicable after the effective |
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519 | 519 | | date of this Act, the Texas Education Agency shall establish the |
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520 | 520 | | office of school safety and security and the governor shall appoint |
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521 | 521 | | the director of that office as required by Section 37.1083, |
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522 | 522 | | Education Code, as added by this Act. |
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523 | 523 | | (b) As soon as practicable after the office of school safety |
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524 | 524 | | and security has been established, the office shall establish |
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525 | 525 | | school safety review teams in each region served by a regional |
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526 | 526 | | education service center as required by Section 37.1084, Education |
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527 | 527 | | Code, as added by this Act. |
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528 | 528 | | SECTION 16. To the extent of any conflict, this Act prevails |
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529 | 529 | | over another Act of the 88th Legislature, Regular Session, 2025, |
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530 | 530 | | relating to nonsubstantive additions to and corrections in enacted |
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531 | 531 | | codes. |
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532 | 532 | | SECTION 17. Sections 7.028, 25.095, and 25.0951, Education |
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533 | 533 | | Code, as amended by this Act, Chapter 37, Education Code, as amended |
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534 | 534 | | by this Act, and Section 65.003, Family Code, as amended by this |
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535 | 535 | | Act, apply beginning with the 2025-2026 school year. |
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536 | 536 | | SECTION 18. (a) Except as provided by Subsection (b) of |
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537 | 537 | | this section, this Act takes effect immediately if it receives a |
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538 | 538 | | vote of two-thirds of all the members elected to each house, as |
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539 | 539 | | provided by Section 39, Article III, Texas Constitution. If this |
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540 | 540 | | Act does not receive the vote necessary for immediate effect, this |
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541 | 541 | | Act takes effect September 1, 2025. |
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542 | 542 | | (b) Section 48.115, Education Code, as amended by this Act, |
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543 | 543 | | takes effect September 1, 2025. |
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