Texas 2025 - 89th Regular

Texas Senate Bill SB936 Compare Versions

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11 89R2456 JTZ-D
22 By: Hall S.B. No. 936
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to authorizing the Texas School Safety Center to conduct
1010 random safety and security audits of public schools; authorizing a
1111 civil penalty.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Subchapter G, Chapter 37, Education Code, is
1414 amended by adding Section 37.2072 to read as follows:
1515 Sec. 37.2072. RANDOM SAFETY AND SECURITY AUDITS; CIVIL
1616 PENALTY. (a) The center may conduct random safety and security
1717 audits of school districts. An audit may include:
1818 (1) an assessment of district and district facility
1919 policies and procedures relating to safety and security;
2020 (2) inspection of relevant records and documents;
2121 (3) surveys or interviews of students, teachers,
2222 staff, and parents;
2323 (4) an intruder assessment that tests access controls
2424 and visitor management procedures at each district facility; and
2525 (5) a site visit to each district that includes a
2626 walk-through and visual assessment of:
2727 (A) the interior and exterior of each district
2828 facility; and
2929 (B) district school grounds.
3030 (b) A school district shall grant center employees
3131 reasonable access to district facilities and district school
3232 grounds for purposes of conducting an audit under Subsection (a).
3333 (c) A member of the board of trustees or superintendent of a
3434 school district who obstructs an audit authorized under Subsection
3535 (a) is liable to this state for a civil penalty in an amount of not
3636 less than $50 or more than $500 for each violation. Each day of a
3737 continuing violation is a separate violation.
3838 (d) The attorney general may bring an action to recover a
3939 civil penalty under Subsection (c) and may recover reasonable
4040 expenses incurred in obtaining the civil penalty, including court
4141 costs, attorney's fees, investigative costs, witness fees, and
4242 deposition expenses.
4343 (e) Official immunity of a member of the board of trustees
4444 of a school district to suit is waived and abolished to the extent
4545 of liability created by this section.
4646 (f) Section 22.0511(a) does not apply to an action of a
4747 superintendent of a school district to the extent of liability
4848 created by this section.
4949 SECTION 2. Section 12.104(b), Education Code, is amended to
5050 read as follows:
5151 (b) An open-enrollment charter school is subject to:
5252 (1) a provision of this title establishing a criminal
5353 offense;
5454 (2) the provisions in Chapter 554, Government Code;
5555 and
5656 (3) a prohibition, restriction, or requirement, as
5757 applicable, imposed by this title or a rule adopted under this
5858 title, relating to:
5959 (A) the Public Education Information Management
6060 System (PEIMS) to the extent necessary to monitor compliance with
6161 this subchapter as determined by the commissioner;
6262 (B) criminal history records under Subchapter C,
6363 Chapter 22;
6464 (C) reading instruments and accelerated reading
6565 instruction programs under Section 28.006;
6666 (D) accelerated instruction under Section
6767 28.0211;
6868 (E) high school graduation requirements under
6969 Section 28.025;
7070 (F) special education programs under Subchapter
7171 A, Chapter 29;
7272 (G) bilingual education under Subchapter B,
7373 Chapter 29;
7474 (H) prekindergarten programs under Subchapter E
7575 or E-1, Chapter 29, except class size limits for prekindergarten
7676 classes imposed under Section 25.112, which do not apply;
7777 (I) extracurricular activities under Section
7878 33.081;
7979 (J) discipline management practices or behavior
8080 management techniques under Section 37.0021;
8181 (K) health and safety under Chapter 38;
8282 (L) the provisions of Subchapter A, Chapter 39;
8383 (M) public school accountability and special
8484 investigations under Subchapters A, B, C, D, F, G, and J, Chapter
8585 39, and Chapter 39A;
8686 (N) the requirement under Section 21.006 to
8787 report an educator's misconduct;
8888 (O) intensive programs of instruction under
8989 Section 28.0213;
9090 (P) the right of a school employee to report a
9191 crime, as provided by Section 37.148;
9292 (Q) bullying prevention policies and procedures
9393 under Section 37.0832;
9494 (R) the right of a school under Section 37.0052
9595 to place a student who has engaged in certain bullying behavior in a
9696 disciplinary alternative education program or to expel the student;
9797 (S) the right under Section 37.0151 to report to
9898 local law enforcement certain conduct constituting assault or
9999 harassment;
100100 (T) a parent's right to information regarding the
101101 provision of assistance for learning difficulties to the parent's
102102 child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
103103 (U) establishment of residency under Section
104104 25.001;
105105 (V) school safety requirements under Sections
106106 37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
107107 37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, [and]
108108 37.2071, and 37.2072 and Subchapter J, Chapter 37;
109109 (W) the early childhood literacy and mathematics
110110 proficiency plans under Section 11.185;
111111 (X) the college, career, and military readiness
112112 plans under Section 11.186; and
113113 (Y) parental options to retain a student under
114114 Section 28.02124.
115115 SECTION 3. This Act applies beginning with the 2025-2026
116116 school year.
117117 SECTION 4. This Act takes effect immediately if it receives
118118 a vote of two-thirds of all the members elected to each house, as
119119 provided by Section 39, Article III, Texas Constitution. If this
120120 Act does not receive the vote necessary for immediate effect, this
121121 Act takes effect September 1, 2025.