Bill Text: TX SB1664 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the establishment of the school safety technical advisory committee and the school safety accountability program.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2023-05-06 - Referred to Public Education [SB1664 Detail]
Download: Texas-2023-SB1664-Engrossed.html
By: West, Blanco | S.B. No. 1664 |
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relating to the establishment of the school safety technical | ||
advisory committee and the school safety accountability program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 37, Education Code, is amended by adding | ||
Subchapter H to read as follows: | ||
SUBCHAPTER H. SCHOOL SAFETY ACCOUNTABILITY PROGRAM | ||
Sec. 37.251. DEFINITIONS. In this subchapter: | ||
(1) "Advisory committee" means the school safety | ||
technical advisory committee established under Section 37.252. | ||
(2) "Chief of school safety and security" means the | ||
individual appointed by the governor as chief of school safety and | ||
security for the agency. | ||
(3) "Law enforcement leadership officer" means: | ||
(A) the chief of police of a school district | ||
police department; | ||
(B) the chief or deputy chief of police of a | ||
municipality; | ||
(C) a sheriff; | ||
(D) a constable; or | ||
(E) a highway patrol officer: | ||
(i) designated by the public safety | ||
director of the Department of Public Safety; and | ||
(ii) who holds a rank of lieutenant or | ||
higher. | ||
(4) "Program" means the school safety accountability | ||
program established under this subchapter. | ||
(5) "School exterior" means the outer walls, doors, | ||
and windows of a school district or open-enrollment charter school | ||
facility. | ||
(6) "School guardian" means a person who, pursuant to | ||
the written regulations or written authorization of a school | ||
district or open-enrollment charter school under Section | ||
46.03(a)(1)(A), Penal Code, is authorized to carry or possess a | ||
specified weapon for the purpose of providing safety and security | ||
on the physical premises of a school, any grounds or building on | ||
which an activity sponsored by a school is being conducted, or a | ||
passenger transportation vehicle of a school. | ||
(7) "School interior" means the area inside of a | ||
school district or open-enrollment charter school facility's outer | ||
walls, including the facility's interior doors. | ||
(8) "School perimeter" means the boundaries of the | ||
real property or site on which a school district or open-enrollment | ||
charter school campus is located. | ||
(9) "School safety rating" means a school safety | ||
accountability rating assigned under Section 37.257 to a school | ||
district or open-enrollment charter school campus based on the | ||
campus's school safety score. | ||
(10) "School safety score" means the numeric school | ||
safety score assigned to a school district or open-enrollment | ||
charter school campus under Section 37.254. | ||
Sec. 37.252. SCHOOL SAFETY TECHNICAL ADVISORY COMMITTEE. | ||
(a) The agency shall establish the school safety technical | ||
advisory committee to advise the agency regarding the school safety | ||
accountability program established under this subchapter. The | ||
committee is composed of: | ||
(1) the following six members, with the governor, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives each appointing two members chosen from among the | ||
following three categories: | ||
(A) public school superintendents; | ||
(B) law enforcement leadership officers; and | ||
(C) persons serving in a school safety leadership | ||
capacity other than as a law enforcement leadership officer; and | ||
(2) four additional members appointed by the | ||
commissioner, including, from either a school district or | ||
open-enrollment charter school, at least one member who is a | ||
teacher, at least one principal of an elementary school campus, and | ||
at least one principal of a high school campus. | ||
(b) An individual may not be appointed under Subsection (a) | ||
to serve on the committee as a law enforcement leadership officer | ||
unless the individual has completed the initial training program | ||
required by police chiefs under Section 96.641 and any continuing | ||
education required for police chiefs under that section. | ||
(c) A committee member serves a two-year term and may be | ||
reappointed. | ||
Sec. 37.253. ESTABLISHMENT OF PROGRAM. (a) The agency | ||
shall establish a school safety accountability program to ensure | ||
school district and open-enrollment charter school campuses | ||
provide safe and secure environments. | ||
(b) The chief of school safety and security shall oversee | ||
and administer the program. | ||
(c) The chief of school safety and security may lower a | ||
school district's or open-enrollment charter school's school safety | ||
score or school safety rating on a determination that the | ||
district's or school's score as reported under Section 37.254 is | ||
substantially inaccurate. A decision by the chief of school safety | ||
and security under this subsection is final and not subject to | ||
appeal. | ||
Sec. 37.254. SCHOOL SAFETY SCORE. (a) Not later than | ||
January 30 of each year, the agency shall assign each school | ||
district and open-enrollment charter school campus a school safety | ||
score. The school safety score must be: | ||
(1) a number between zero and 100, with 100 | ||
representing a perfect score; and | ||
(2) based on an audit of campus school safety | ||
conducted by the district or school applying the metrics of | ||
assessment developed under Section 37.255. | ||
(b) Each school district and open-enrollment charter school | ||
shall annually conduct an audit of the safety of each campus of the | ||
district or school applying the metrics of assessment developed | ||
under Section 37.255 to assign a school safety score to each campus. | ||
The district or school shall submit the campus school safety score | ||
assigned for each campus under this subsection to the agency in the | ||
manner and form required by the commissioner. | ||
(c) The agency shall keep confidential each campus school | ||
safety score assigned to a school campus under this section, | ||
including the application of each metric to that campus used in | ||
determining the score. | ||
Sec. 37.255. METRICS OF ASSESSMENT. (a) The agency, in | ||
consultation with the advisory committee, the Texas School Safety | ||
Center, the Advanced Law Enforcement Rapid Response Training Center | ||
at Texas State University--San Marcos, and other appropriate | ||
stakeholders designated by the commissioner, shall develop | ||
criteria for metrics of assessment to be applied in calculating a | ||
school safety score under Section 37.254 for each school district | ||
and open-enrollment charter school campus. | ||
(b) Except as provided by Subsection (d), the metrics of | ||
assessment must, with respect to each school district and | ||
open-enrollment charter school campus: | ||
(1) evaluate separately each school perimeter, | ||
exterior, and interior at the district or school; and | ||
(2) include metrics for evaluating: | ||
(A) whether all classroom and exterior doors | ||
lock; | ||
(B) the type and location of exterior cameras | ||
installed at the campus; | ||
(C) the type and location of interior cameras | ||
installed at the campus; | ||
(D) the features of any school safety Internet | ||
application used by the school, including if: | ||
(i) a school lockdown or threat | ||
automatically triggers the application to call or make a digital | ||
directive announcement to the local 9-1-1 emergency call center; | ||
(ii) the application integrates with | ||
information reported through the Public Education Information | ||
Management System (PEIMS); or | ||
(iii) the application integrates with the | ||
health information of school staff and students as necessary for | ||
providing effective emergency medical treatment following a | ||
disaster or emergency situation, including a staff member's or | ||
student's blood type, medication allergies, and significant | ||
diseases or health conditions; | ||
(E) the frequency and type of active shooter and | ||
other disaster drills; | ||
(F) the security of exterior gates and fencing; | ||
(G) the ease of access to the campus for an | ||
intruder; | ||
(H) safety procedures for student pick-up and | ||
drop-off at the campus; | ||
(I) the safety of campus parking lots used by | ||
visitors and faculty; | ||
(J) severe weather and disaster alerts and | ||
preparedness; | ||
(K) the availability of devices allowing for | ||
two-way communication between campus administrators or campus | ||
police, if applicable, and each classroom; | ||
(L) the safety and storage of firearms at each | ||
campus; | ||
(M) the provision of security services at each | ||
campus for which a school marshal is appointed or at which a school | ||
guardian is authorized; | ||
(N) for a campus at which a school resource | ||
officer is assigned, coverage of school resource officers; | ||
(O) for a campus at which peace officers | ||
commissioned and employed by the district or school provide | ||
services, data related to commissioned district or school peace | ||
officers, including demographic information and information | ||
concerning training and experience; | ||
(P) information regarding the campus reported to | ||
the agency under Section 38.0141; and | ||
(Q) any other safety criteria required by the | ||
agency. | ||
(c) In developing criteria for the metrics of assessment | ||
under Subsection (a), the agency shall account for differences | ||
among school district and open-enrollment charter school campuses, | ||
including by differentiating how metrics evaluated under | ||
Subsection (b)(2) are applied among campuses that: | ||
(1) are located in rural, urban, or suburban areas; | ||
(2) have older or more recently constructed | ||
facilities; and | ||
(3) have or do not have student populations in which at | ||
least 40 percent of the students are: | ||
(A) educationally disadvantaged; or | ||
(B) students at risk of dropping out of school, | ||
as defined by Section 29.081(d). | ||
(d) In developing criteria for metrics of assessment under | ||
Subsection (a), the agency shall prioritize harmonizing the | ||
criteria and metrics adopted for purposes of this section with any | ||
related school safety and security requirements adopted under S.B. | ||
11, Acts of the 88th Legislature, Regular Session, 2023. The | ||
commissioner may waive the requirement of applying a metric | ||
otherwise required in conducting a school safety audit under | ||
Subsection (b) to the extent necessary for purposes of harmonizing | ||
school safety and security requirements applied to school districts | ||
and open-enrollment charter schools under this code. | ||
Sec. 37.256. SCHOOL SAFETY MOBILE INTERNET APPLICATION | ||
REQUIREMENTS. If a school district or open-enrollment charter | ||
school provides a school safety mobile Internet application, the | ||
application: | ||
(1) must comply with the Health Insurance Portability | ||
and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and | ||
the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. | ||
Section 1232g); and | ||
(2) may only contain health information voluntarily | ||
provided for integration in the application: | ||
(A) for a student, by the student's parent or | ||
guardian; or | ||
(B) by an educator or other campus staff. | ||
Sec. 37.257. SCHOOL SAFETY RATING. (a) The agency, with | ||
input from the advisory committee, shall adopt a method for | ||
converting a school safety score assigned under Section 37.254 to a | ||
school safety rating for purposes of this section. | ||
(b) Not later than January 30 of each year, the agency shall | ||
assign each school district and open-enrollment charter school | ||
campus, based on that campus's self-reported school safety score, a | ||
preliminary school safety rating of: | ||
(1) meets standards; or | ||
(2) does not meet standards. | ||
(c) Not later than March 1, the agency shall assign a final | ||
school safety rating of "meets standards" or "does not meet | ||
standards" to each school district and open-enrollment charter | ||
school campus, except a campus implementing a remediation plan | ||
under a deadline established by Section 37.258(e). | ||
Sec. 37.258. CAMPUS REMEDIATION PLAN. (a) The principal of | ||
a school district or open-enrollment charter school campus assigned | ||
a preliminary school safety rating under Section 37.257 of "does | ||
not meet standards" shall prepare a campus remediation plan. | ||
(b) A campus remediation plan must: | ||
(1) specifically address improvements to school | ||
safety to be made at the campus prior to the beginning of the | ||
following school year; | ||
(2) for a school district campus, be prepared in | ||
coordination with the board of trustees of the district; | ||
(3) specify a process for implementing the plan; | ||
(4) be approved by the board of trustees of the school | ||
district or the governing body of the open-enrollment charter | ||
school in which the campus is located, as applicable; and | ||
(5) be submitted to the agency not later than the 45th | ||
day after the date on which the preliminary school safety rating was | ||
assigned. | ||
(c) The chief of school safety and security shall evaluate | ||
each campus remediation plan submitted under Subsection (b). If | ||
the chief of school safety and security determines that a plan is | ||
sufficient, the chief of school safety and security shall revise | ||
the school safety rating assigned to the campus to the rating of | ||
"meets standards." | ||
(d) The agency shall notify the principal of the campus | ||
whether the remediation plan is sufficient for the campus to be | ||
assigned a revised school safety rating of "meets standards." | ||
(e) After a remediation plan is determined to be sufficient | ||
under this section, the advisory committee shall establish a | ||
deadline by which the principal of a school district or | ||
open-enrollment charter school must submit to the board of trustees | ||
of the district or governing board of the school, as applicable, | ||
documentation showing that the campus has implemented the | ||
remediation plan. | ||
(f) The chief of school safety and security has the sole | ||
authority to revise a school safety rating under this section. | ||
(g) Except as provided by this subsection and Subsections | ||
(h) and (i), the agency and a school district or open-enrollment | ||
charter school required to prepare a remediation plan shall keep | ||
that requirement, the remediation plan, and the implementation | ||
process for the plan confidential. The district or school may | ||
disclose information related to a remediation plan prepared under | ||
this section only as necessary for purposes of preparing and | ||
implementing the remediation plan and only to school personnel, who | ||
must keep the disclosed information confidential. | ||
(h) Following the implementation of a remediation plan by | ||
the deadline established under Subsection (e), a school district or | ||
open-enrollment charter school may provide a written notice that | ||
the district or school was required to prepare a remediation plan | ||
under this section and has completed implementation of that plan to | ||
district or school employees and parents of or persons standing in | ||
parental relation to students enrolled in the district or school. | ||
(i) The chief of school safety and security may publicly | ||
disclose that a school district or open-enrollment charter school | ||
has been assigned a final school safety rating of "does not meet | ||
standards" only if the chief determines by a preponderance of the | ||
evidence that the district or school, after receiving a preliminary | ||
school safety rating of "does not meet standards," is able but has | ||
refused to prepare or implement a remediation plan adequate to | ||
receive a revised school safety rating of "meets standards" under | ||
this section. | ||
Sec. 37.259. CONFIDENTIALITY FROM PUBLIC DISCLOSURE. The | ||
following information produced under this subchapter is | ||
confidential and not subject to disclosure under Chapter 552, | ||
Government Code: | ||
(1) a school safety score, including data collected or | ||
an audit report prepared by or in connection with determining or | ||
assigning the school safety score; | ||
(2) a preliminary school safety rating assigned under | ||
Section 37.257; and | ||
(3) a campus remediation plan prepared by a school | ||
district or open-enrollment charter school under Section 37.258. | ||
Sec. 37.260. RULES; DEADLINES. (a) The commissioner shall | ||
adopt rules necessary to implement this subchapter, including rules | ||
regarding requirements for further remediation by a school district | ||
or open-enrollment charter school campus that submits a remediation | ||
plan that is determined to be insufficient for purposes of Section | ||
37.258. | ||
(b) The commissioner may extend or modify a timeline or | ||
deadline established by this subchapter. | ||
Sec. 37.261. TEXAS SCHOOL SAFETY REPORT CARD. (a) Not | ||
later than August 15 of each year, the agency shall publish on the | ||
agency's Internet website the school safety report card, which | ||
consists of a list of the most recently assigned final school safety | ||
ratings under Section 37.257 for each school district and | ||
open-enrollment charter school campus in the state, unless | ||
disclosure of a campus's rating is prohibited under this | ||
subchapter. | ||
(b) Each school district and open-enrollment charter school | ||
shall annually provide either a copy of the school safety report | ||
card or a link to the report card on the agency's Internet website | ||
to each parent, guardian, or person standing in parental relation | ||
to a student in the district or school. | ||
SECTION 2. (a) Not later than October 1, 2023, the | ||
commissioner of education shall establish the school safety | ||
technical advisory committee required under Section 37.252, | ||
Education Code, as added by this Act. | ||
(b) Not later than January 30, 2026, the Texas Education | ||
Agency shall assign each school district and open-enrollment | ||
charter school campus: | ||
(1) a school safety score under Section 37.254, | ||
Education Code, as added by this Act; and | ||
(2) a school safety rating under Section 37.257, | ||
Education Code, as added by this Act. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |