Bill Text: TX HB976 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to public school safety and security measures, policies, and procedures.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2019-03-26 - Left pending in committee [HB976 Detail]
Download: Texas-2019-HB976-Introduced.html
86R3150 JES-F | ||
By: Metcalf | H.B. No. 976 |
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relating to public school safety and security measures, policies, | ||
and procedures. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 11.159, Education Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) The State Board of Education shall require a trustee to | ||
complete training provided by the Texas School Safety Center on | ||
school safety and security every three years. A new trustee must | ||
complete the training required by this section not later than the | ||
first anniversary of the trustee's election or appointment. A | ||
returning trustee must complete the training not later than the | ||
third anniversary of completion of the trustee's previous training. | ||
SECTION 2. Section 12.104(b), Education Code, as amended by | ||
Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts | ||
of the 85th Legislature, Regular Session, 2017, is reenacted and | ||
amended to read as follows: | ||
(b) An open-enrollment charter school is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; and | ||
(2) a prohibition, restriction, or requirement, as | ||
applicable, imposed by this title or a rule adopted under this | ||
title, relating to: | ||
(A) the Public Education Information Management | ||
System (PEIMS) to the extent necessary to monitor compliance with | ||
this subchapter as determined by the commissioner; | ||
(B) criminal history records under Subchapter C, | ||
Chapter 22; | ||
(C) reading instruments and accelerated reading | ||
instruction programs under Section 28.006; | ||
(D) accelerated instruction under Section | ||
28.0211; | ||
(E) high school graduation requirements under | ||
Section 28.025; | ||
(F) special education programs under Subchapter | ||
A, Chapter 29; | ||
(G) bilingual education under Subchapter B, | ||
Chapter 29; | ||
(H) prekindergarten programs under Subchapter E | ||
or E-1, Chapter 29; | ||
(I) extracurricular activities under Section | ||
33.081; | ||
(J) discipline management practices or behavior | ||
management techniques under Section 37.0021; | ||
(K) health and safety under Chapter 38; | ||
(L) public school accountability under | ||
Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A; | ||
(M) the requirement under Section 21.006 to | ||
report an educator's misconduct; | ||
(N) intensive programs of instruction under | ||
Section 28.0213; | ||
(O) the right of a school employee to report a | ||
crime, as provided by Section 37.148; [ |
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(P) bullying prevention policies and procedures | ||
under Section 37.0832; | ||
(Q) the right of a school under Section 37.0052 | ||
to place a student who has engaged in certain bullying behavior in a | ||
disciplinary alternative education program or to expel the student; | ||
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(R) the right under Section 37.0151 to report to | ||
local law enforcement certain conduct constituting assault or | ||
harassment; | ||
(S) [ |
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regarding the provision of assistance for learning difficulties to | ||
the parent's child as provided by Sections 26.004(b)(11) and | ||
26.0081(c) and (d); and | ||
(T) school safety requirements under Sections | ||
37.108, 37.109, 37.1091, and 37.207. | ||
SECTION 3. Section 12.123, Education Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) The commissioner shall require a member of the governing | ||
body of an open-enrollment charter school to complete training | ||
provided by the Texas School Safety Center on school safety and | ||
security every three years. A new member must complete the training | ||
required by this section not later than the first anniversary of the | ||
date the member begins to serve on the governing body. A member | ||
must complete subsequent training not later than the third | ||
anniversary of completion of the member's previous training. | ||
SECTION 4. Section 37.108, Education Code, is amended by | ||
amending Subsections (a), (b), (c), and (c-1) and adding Subsection | ||
(a-1) to read as follows: | ||
(a) Each school district or public junior college district | ||
shall adopt and implement a multihazard emergency operations plan | ||
for use in the district's facilities. The plan must address | ||
mitigation, preparedness, response, and recovery as defined by the | ||
commissioner of education or commissioner of higher education in | ||
conjunction with the governor's office of homeland security. The | ||
plan must provide for: | ||
(1) district employee training in responding to an | ||
emergency; | ||
(2) the establishment of a threat assessment team as | ||
required by Section 37.1091; | ||
(3) if the plan applies to a school district, | ||
mandatory school drills and exercises specified by the Texas School | ||
Safety Center to prepare district students and employees for | ||
responding to an emergency; | ||
(4) an annual review of the plan in accordance with | ||
guidelines established by the Texas School Safety Center [ |
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(5) [ |
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audit as required by Subsection (b). | ||
(a-1) In developing a multihazard emergency operations plan | ||
under Subsection (a), a school district or public junior college | ||
district shall consult with the Department of State Health Services | ||
and local emergency management agencies, law enforcement, health | ||
departments, and fire departments. The plan must include a list of | ||
persons with which the district consulted in preparing the plan, | ||
including each person's name, title, and affiliated entity. | ||
(b) At least once every three years, each school district or | ||
public junior college district shall conduct a safety and security | ||
audit of the district's facilities. A [ |
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district shall follow safety and security audit procedures | ||
developed by the Texas School Safety Center [ |
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(c) A school district or public junior college district | ||
shall report the results of the safety and security audit conducted | ||
under Subsection (b) to the district's board of trustees not later | ||
than the 60th day after the conclusion of each audit cycle under | ||
Subsection (b) and, in the manner required by the Texas School | ||
Safety Center, to the Texas School Safety Center. | ||
(c-1) Any [ |
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document or information collected, developed, or produced during a | ||
safety and security audit conducted under Subsection (b) is not | ||
subject to disclosure under Chapter 552, Government Code. | ||
SECTION 5. The heading to Section 37.109, Education Code, | ||
is amended to read as follows: | ||
Sec. 37.109. SCHOOL SAFETY AND SECURITY COMMITTEE; | ||
EMERGENCY MANAGEMENT COORDINATOR. | ||
SECTION 6. Section 37.109, Education Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) Each school district shall appoint an employee of the | ||
district to serve as the district's emergency management | ||
coordinator. The emergency management coordinator shall: | ||
(1) serve as the presiding officer of the committee; | ||
(2) ensure the committee performs the committee's | ||
obligations under Subsection (b); and | ||
(3) supervise the development and implementation of | ||
the district multihazard emergency operations plan required by | ||
Section 37.108(a), including: | ||
(A) the coordination of employee training in | ||
responding to an emergency; and | ||
(B) the execution and documentation of mandatory | ||
school drills and exercises. | ||
SECTION 7. Subchapter D, Chapter 37, Education Code, is | ||
amended by adding Section 37.1091 to read as follows: | ||
Sec. 37.1091. THREAT ASSESSMENT TEAM. (a) Each school | ||
district shall adopt policies and procedures in accordance with the | ||
guidelines developed by the Texas School Safety Center, and in | ||
coordination with the agency, for the establishment of threat | ||
assessment teams. The policies and procedures must establish at | ||
least one threat assessment team and: | ||
(1) the membership and composition of each threat | ||
assessment team; | ||
(2) the training requirements for a member of a threat | ||
assessment team, including training provided by the Texas School | ||
Safety Center in threat assessment protocols; | ||
(3) guidance for students, faculty, and staff in | ||
identifying and reporting of any threatening or aberrant behavior | ||
that may pose a threat to the community, school, or individual; and | ||
(4) the process for threat assessment, management, | ||
investigation, and response. | ||
(b) A threat assessment team identifying a student at risk | ||
of suicide shall act in accordance with the district's suicide | ||
prevention program. | ||
(c) Each threat assessment team established under | ||
Subsection (a) shall annually report to the Texas School Safety | ||
Center the policies and procedures adopted by the team. | ||
SECTION 8. Section 37.108(c-2), Education Code, is | ||
repealed. | ||
SECTION 9. A person serving on the board of trustees of a | ||
school district or the governing body of an open-enrollment charter | ||
school on the effective date of this Act must complete the training | ||
required by Section 11.159(e) or 12.123(c), Education Code, as | ||
added by this Act, not later than September 1, 2020. | ||
SECTION 10. To the extent of any conflict, this Act prevails | ||
over another Act of the 86th Legislature, Regular Session, 2019, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 11. This Act takes effect September 1, 2019. |