1 | 1 | | 89R2456 JTZ-D |
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2 | 2 | | By: Hall S.B. No. 936 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to authorizing the Texas School Safety Center to conduct |
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10 | 10 | | random safety and security audits of public schools; authorizing a |
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11 | 11 | | civil penalty. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Subchapter G, Chapter 37, Education Code, is |
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14 | 14 | | amended by adding Section 37.2072 to read as follows: |
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15 | 15 | | Sec. 37.2072. RANDOM SAFETY AND SECURITY AUDITS; CIVIL |
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16 | 16 | | PENALTY. (a) The center may conduct random safety and security |
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17 | 17 | | audits of school districts. An audit may include: |
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18 | 18 | | (1) an assessment of district and district facility |
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19 | 19 | | policies and procedures relating to safety and security; |
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20 | 20 | | (2) inspection of relevant records and documents; |
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21 | 21 | | (3) surveys or interviews of students, teachers, |
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22 | 22 | | staff, and parents; |
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23 | 23 | | (4) an intruder assessment that tests access controls |
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24 | 24 | | and visitor management procedures at each district facility; and |
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25 | 25 | | (5) a site visit to each district that includes a |
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26 | 26 | | walk-through and visual assessment of: |
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27 | 27 | | (A) the interior and exterior of each district |
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28 | 28 | | facility; and |
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29 | 29 | | (B) district school grounds. |
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30 | 30 | | (b) A school district shall grant center employees |
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31 | 31 | | reasonable access to district facilities and district school |
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32 | 32 | | grounds for purposes of conducting an audit under Subsection (a). |
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33 | 33 | | (c) A member of the board of trustees or superintendent of a |
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34 | 34 | | school district who obstructs an audit authorized under Subsection |
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35 | 35 | | (a) is liable to this state for a civil penalty in an amount of not |
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36 | 36 | | less than $50 or more than $500 for each violation. Each day of a |
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37 | 37 | | continuing violation is a separate violation. |
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38 | 38 | | (d) The attorney general may bring an action to recover a |
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39 | 39 | | civil penalty under Subsection (c) and may recover reasonable |
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40 | 40 | | expenses incurred in obtaining the civil penalty, including court |
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41 | 41 | | costs, attorney's fees, investigative costs, witness fees, and |
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42 | 42 | | deposition expenses. |
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43 | 43 | | (e) Official immunity of a member of the board of trustees |
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44 | 44 | | of a school district to suit is waived and abolished to the extent |
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45 | 45 | | of liability created by this section. |
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46 | 46 | | (f) Section 22.0511(a) does not apply to an action of a |
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47 | 47 | | superintendent of a school district to the extent of liability |
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48 | 48 | | created by this section. |
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49 | 49 | | SECTION 2. Section 12.104(b), Education Code, is amended to |
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50 | 50 | | read as follows: |
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51 | 51 | | (b) An open-enrollment charter school is subject to: |
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52 | 52 | | (1) a provision of this title establishing a criminal |
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53 | 53 | | offense; |
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54 | 54 | | (2) the provisions in Chapter 554, Government Code; |
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55 | 55 | | and |
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56 | 56 | | (3) a prohibition, restriction, or requirement, as |
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57 | 57 | | applicable, imposed by this title or a rule adopted under this |
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58 | 58 | | title, relating to: |
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59 | 59 | | (A) the Public Education Information Management |
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60 | 60 | | System (PEIMS) to the extent necessary to monitor compliance with |
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61 | 61 | | this subchapter as determined by the commissioner; |
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62 | 62 | | (B) criminal history records under Subchapter C, |
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63 | 63 | | Chapter 22; |
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64 | 64 | | (C) reading instruments and accelerated reading |
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65 | 65 | | instruction programs under Section 28.006; |
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66 | 66 | | (D) accelerated instruction under Section |
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67 | 67 | | 28.0211; |
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68 | 68 | | (E) high school graduation requirements under |
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69 | 69 | | Section 28.025; |
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70 | 70 | | (F) special education programs under Subchapter |
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71 | 71 | | A, Chapter 29; |
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72 | 72 | | (G) bilingual education under Subchapter B, |
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73 | 73 | | Chapter 29; |
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74 | 74 | | (H) prekindergarten programs under Subchapter E |
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75 | 75 | | or E-1, Chapter 29, except class size limits for prekindergarten |
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76 | 76 | | classes imposed under Section 25.112, which do not apply; |
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77 | 77 | | (I) extracurricular activities under Section |
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78 | 78 | | 33.081; |
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79 | 79 | | (J) discipline management practices or behavior |
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80 | 80 | | management techniques under Section 37.0021; |
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81 | 81 | | (K) health and safety under Chapter 38; |
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82 | 82 | | (L) the provisions of Subchapter A, Chapter 39; |
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83 | 83 | | (M) public school accountability and special |
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84 | 84 | | investigations under Subchapters A, B, C, D, F, G, and J, Chapter |
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85 | 85 | | 39, and Chapter 39A; |
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86 | 86 | | (N) the requirement under Section 21.006 to |
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87 | 87 | | report an educator's misconduct; |
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88 | 88 | | (O) intensive programs of instruction under |
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89 | 89 | | Section 28.0213; |
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90 | 90 | | (P) the right of a school employee to report a |
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91 | 91 | | crime, as provided by Section 37.148; |
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92 | 92 | | (Q) bullying prevention policies and procedures |
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93 | 93 | | under Section 37.0832; |
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94 | 94 | | (R) the right of a school under Section 37.0052 |
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95 | 95 | | to place a student who has engaged in certain bullying behavior in a |
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96 | 96 | | disciplinary alternative education program or to expel the student; |
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97 | 97 | | (S) the right under Section 37.0151 to report to |
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98 | 98 | | local law enforcement certain conduct constituting assault or |
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99 | 99 | | harassment; |
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100 | 100 | | (T) a parent's right to information regarding the |
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101 | 101 | | provision of assistance for learning difficulties to the parent's |
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102 | 102 | | child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); |
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103 | 103 | | (U) establishment of residency under Section |
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104 | 104 | | 25.001; |
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105 | 105 | | (V) school safety requirements under Sections |
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106 | 106 | | 37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085, |
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107 | 107 | | 37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, [and] |
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108 | 108 | | 37.2071, and 37.2072 and Subchapter J, Chapter 37; |
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109 | 109 | | (W) the early childhood literacy and mathematics |
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110 | 110 | | proficiency plans under Section 11.185; |
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111 | 111 | | (X) the college, career, and military readiness |
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112 | 112 | | plans under Section 11.186; and |
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113 | 113 | | (Y) parental options to retain a student under |
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114 | 114 | | Section 28.02124. |
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115 | 115 | | SECTION 3. This Act applies beginning with the 2025-2026 |
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116 | 116 | | school year. |
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117 | 117 | | SECTION 4. This Act takes effect immediately if it receives |
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118 | 118 | | a vote of two-thirds of all the members elected to each house, as |
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119 | 119 | | provided by Section 39, Article III, Texas Constitution. If this |
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120 | 120 | | Act does not receive the vote necessary for immediate effect, this |
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121 | 121 | | Act takes effect September 1, 2025. |
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