4 | 9 | | |
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5 | 10 | | |
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6 | 11 | | A BILL TO BE ENTITLED |
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7 | 12 | | AN ACT |
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8 | 13 | | relating to provisions and plans by public schools to ensure the |
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9 | 14 | | safety of individuals with disabilities or impairments during a |
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10 | 15 | | mandatory school drill or a disaster or emergency situation. |
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11 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 17 | | SECTION 1. Subchapter A, Chapter 29, Education Code, is |
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13 | 18 | | amended by adding Section 29.0052 to read as follows: |
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14 | 19 | | Sec. 29.0052. INCLUSION OF ACCOMMODATIONS DURING MANDATORY |
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15 | 20 | | SCHOOL DRILLS IN INDIVIDUALIZED EDUCATION PROGRAM OR SECTION 504 |
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16 | 21 | | PLAN. (a) In this section: |
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17 | 22 | | (1) "Committee" means a committee established under |
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18 | 23 | | Section 29.005(a). |
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19 | 24 | | (2) "Section 504 plan" means a plan created under |
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20 | 25 | | Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794). |
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21 | 26 | | (3) "Team" means a team established for a student |
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22 | 27 | | under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section |
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23 | 28 | | 794). |
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24 | 29 | | (b) In developing or modifying an individualized education |
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25 | 30 | | program or a Section 504 plan for a student, the student's committee |
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26 | 31 | | or team, as applicable, shall consider whether the student's |
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27 | 32 | | disabilities or impairments would require the school district to |
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28 | 33 | | provide any specific accommodations for the student during a |
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29 | 34 | | mandatory school drill required under Section 37.114. If the |
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30 | 35 | | student's committee or team determines that the student would |
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31 | 36 | | require a specific accommodation, the committee or team shall: |
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32 | 37 | | (1) identify each disability or impairment that |
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33 | 38 | | requires accommodation; and |
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34 | 39 | | (2) for each disability or impairment identified under |
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35 | 40 | | Subdivision (1), specify the required accommodations for that |
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36 | 41 | | disability or impairment. |
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37 | 42 | | (c) In making considerations and specifying required |
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38 | 43 | | accommodations under Subsection (b), a committee or team must |
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39 | 44 | | follow the guidelines established by the commissioner under Section |
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40 | 45 | | 37.1086. |
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41 | 46 | | (d) A student's committee or team shall provide to each |
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42 | 47 | | administrator with emergency planning responsibilities at the |
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43 | 48 | | school district and campus at which the student is enrolled the |
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44 | 49 | | information described by Subsections (b)(1) and (2). |
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45 | 50 | | (e) A committee or team may invite school district and |
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46 | 51 | | campus administrators with emergency planning responsibilities to |
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47 | 52 | | assist the committee or team in making the considerations and |
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48 | 53 | | specifying the required accommodations described by Subsection |
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49 | 54 | | (b). |
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50 | 55 | | SECTION 2. Section 37.108(f), Education Code, is amended to |
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51 | 56 | | read as follows: |
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52 | 57 | | (f) A school district shall include in its multihazard |
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53 | 58 | | emergency operations plan: |
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54 | 59 | | (1) a chain of command that designates the individual |
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55 | 60 | | responsible for making final decisions during a disaster or |
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56 | 61 | | emergency situation and identifies other individuals responsible |
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57 | 62 | | for making those decisions if the designated person is unavailable; |
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58 | 63 | | (2) provisions that address physical and |
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59 | 64 | | psychological safety for responding to a natural disaster, active |
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60 | 65 | | shooter, and any other dangerous scenario identified for purposes |
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61 | 66 | | of this section by the agency or the Texas School Safety Center; |
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62 | 67 | | (3) provisions for ensuring the safety of students in |
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63 | 68 | | portable buildings; |
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64 | 69 | | (4) provisions for ensuring that students and district |
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65 | 70 | | personnel with disabilities are provided equal access to safety |
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66 | 71 | | during a disaster or emergency situation based on the guidelines |
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67 | 72 | | established by the commissioner under Section 37.1086; |
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68 | 73 | | (5) provisions for providing immediate notification |
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69 | 74 | | to parents, guardians, and other persons standing in parental |
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70 | 75 | | relation in circumstances involving a significant threat to the |
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71 | 76 | | health or safety of students, including identification of the |
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72 | 77 | | individual with responsibility for overseeing the notification; |
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73 | 78 | | (6) provisions for supporting the psychological |
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74 | 79 | | safety of students, district personnel, and the community during |
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75 | 80 | | the response and recovery phase following a disaster or emergency |
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76 | 81 | | situation that: |
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77 | 82 | | (A) are aligned with best practice-based |
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78 | 83 | | programs and research-based practices recommended under Section |
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79 | 84 | | 38.351; |
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80 | 85 | | (B) include strategies for ensuring any required |
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81 | 86 | | professional development training for suicide prevention and |
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82 | 87 | | grief-informed and trauma-informed care is provided to appropriate |
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83 | 88 | | school personnel; |
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84 | 89 | | (C) include training on integrating |
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85 | 90 | | psychological safety and suicide prevention strategies into the |
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86 | 91 | | district's plan, such as psychological first aid for schools |
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87 | 92 | | training, from an approved list of recommended training established |
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88 | 93 | | by the commissioner and Texas School Safety Center for: |
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89 | 94 | | (i) members of the district's school safety |
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90 | 95 | | and security committee under Section 37.109; |
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91 | 96 | | (ii) district school counselors and mental |
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92 | 97 | | health professionals; and |
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93 | 98 | | (iii) educators and other district |
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94 | 99 | | personnel as determined by the district; |
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95 | 100 | | (D) include strategies and procedures for |
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96 | 101 | | integrating and supporting physical and psychological safety that |
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97 | 102 | | align with the provisions described by Subdivision (2); and |
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98 | 103 | | (E) implement trauma-informed policies; |
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99 | 104 | | (7) a policy for providing a substitute teacher access |
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100 | 105 | | to school campus buildings and materials necessary for the |
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101 | 106 | | substitute teacher to carry out the duties of a district employee |
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102 | 107 | | during an emergency or a mandatory emergency drill; |
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103 | 108 | | (8) the name of each individual on the district's |
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104 | 109 | | school safety and security committee established under Section |
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105 | 110 | | 37.109 and the date of each committee meeting during the preceding |
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106 | 111 | | year; and |
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107 | 112 | | (9) certification that the district is in compliance |
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108 | 113 | | with Section 37.117. |
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109 | 114 | | SECTION 3. Section 37.1086, Education Code, is amended to |
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110 | 115 | | read as follows: |
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111 | 116 | | Sec. 37.1086. GUIDELINES FOR SCHOOL DRILL ACCOMMODATIONS |
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112 | 117 | | AND MULTIHAZARD EMERGENCY OPERATIONS PLAN PROVISIONS FOR |
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113 | 118 | | INDIVIDUALS WITH DISABILITIES OR IMPAIRMENTS. (a) The |
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114 | 119 | | commissioner by rule [agency] shall establish guidelines for: |
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115 | 120 | | (1) the considerations and specifications required |
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116 | 121 | | under Section 29.0052 regarding accommodations for a student with |
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117 | 122 | | an individualized education program or a plan created under Section |
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118 | 123 | | 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794); and |
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119 | 124 | | (2) the provisions in a school district's multihazard |
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120 | 125 | | emergency operations plan under Section 37.108(f)(4) to ensure the |
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121 | 126 | | safety of students and district personnel with disabilities or |
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122 | 127 | | impairments during a disaster or emergency situation. |
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123 | 128 | | (b) In establishing guidelines under Subsection (a), the |
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124 | 129 | | commissioner shall consult [, in consultation] with: |
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125 | 130 | | (1) the Texas School Safety Center; |
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126 | 131 | | (2) regional education service centers; |
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127 | 132 | | (3) public school educators and administrators who |
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128 | 133 | | work with students with disabilities or impairments; and |
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129 | 134 | | (4) advocacy groups representing individuals with |
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130 | 135 | | disabilities or impairments. |
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131 | 136 | | (c) [(b)] A school district must follow the guidelines |
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132 | 137 | | established by the commissioner [agency] under Subsection (a)(2) |
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133 | 138 | | [(a)] in adopting and implementing the district's multihazard |
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134 | 139 | | emergency operations plan under Section 37.108. |
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135 | 140 | | SECTION 4. As soon as practicable after the effective date |
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136 | 141 | | of this Act but not later than June 1, 2026, the commissioner of |
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137 | 142 | | education shall adopt rules establishing the guidelines required by |
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138 | 143 | | Section 37.1086, Education Code, as amended by this Act. |
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139 | 144 | | SECTION 5. Section 29.0052, Education Code, as added by |
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140 | 145 | | this Act, applies beginning with the 2026-2027 school year. |
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141 | 146 | | SECTION 6. This Act takes effect immediately if it receives |
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142 | 147 | | a vote of two-thirds of all the members elected to each house, as |
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143 | 148 | | provided by Section 39, Article III, Texas Constitution. If this |
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144 | 149 | | Act does not receive the vote necessary for immediate effect, this |
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145 | 150 | | Act takes effect September 1, 2025. |
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