Bill Text: TX SB168 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to emergency school drills and exercises conducted by public schools.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2021-06-14 - Effective immediately [SB168 Detail]
Download: Texas-2021-SB168-Comm_Sub.html
Bill Title: Relating to emergency school drills and exercises conducted by public schools.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2021-06-14 - Effective immediately [SB168 Detail]
Download: Texas-2021-SB168-Comm_Sub.html
By: Blanco | S.B. No. 168 | |
(In the Senate - Filed November 10, 2020; March 3, 2021, | ||
read first time and referred to Committee on Education; | ||
April 30, 2021, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 9, Nays 1; April 30, 2021, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 168 | By: Lucio |
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relating to emergency school drills and exercises conducted by | ||
public schools. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 37.114, Education Code, is amended to | ||
read as follows: | ||
Sec. 37.114. BEST PRACTICES FOR EMERGENCY SCHOOL DRILLS AND | ||
EXERCISES [ |
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commissioner, in consultation with the Texas School Safety Center | ||
and the state fire marshal, shall adopt rules: | ||
(1) providing best practices [ |
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conducting [ |
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emergency school drills and exercises, including definitions for | ||
relevant terms; and | ||
(2) designating the number of mandatory school drills | ||
to be conducted each semester of the school year, not to exceed | ||
eight drills, including designating the number of: | ||
(A) evacuation fire exit drills; and | ||
(B) lockdown, lockout, shelter-in-place, and | ||
evacuation drills. | ||
SECTION 2. Subchapter D, Chapter 37, Education Code, is | ||
amended by adding Section 37.1141 to read as follows: | ||
Sec. 37.1141. ACTIVE THREAT EXERCISES. (a) Before a school | ||
district may conduct an active threat exercise, including an active | ||
shooter simulation, the district shall ensure that: | ||
(1) adequate notice of the exercise is provided to | ||
students expected to participate in the exercise, the parents of | ||
those students, and staff likely to be part of the exercise, | ||
including information regarding: | ||
(A) the date on which the exercise will occur; | ||
(B) the content, form, and tone of the exercise; | ||
and | ||
(C) whether the exercise will include a live | ||
simulation that mimics or appears to be an actual shooting | ||
incident; | ||
(2) the exercise is announced to students and faculty | ||
before the start of the exercise, including, if applicable, an | ||
announcement that the exercise will include a live simulation that | ||
mimics or appears to be an actual threat, such as a shooting | ||
incident; | ||
(3) first responder organizations that would likely | ||
respond in the event of a false report or alarm are notified | ||
regarding the exercise; | ||
(4) a safe zone is created around the area in which the | ||
exercise will be conducted to keep out actual firearms, ammunition, | ||
and other weapons; | ||
(5) the content of the exercise: | ||
(A) is age appropriate and developmentally | ||
appropriate; | ||
(B) has been developed by a team of school | ||
administrators, teachers, school-based mental health | ||
professionals, and law enforcement officers, with input from | ||
parents and students; and | ||
(C) is designed to support the well-being of | ||
students who participate in the exercise before, during, and after | ||
the exercise is conducted; and | ||
(6) data regarding the efficacy and impact of the | ||
exercise will be tracked, including any feedback regarding the | ||
exercise from students, staff, or family members of students or | ||
staff. | ||
(b) A school district shall submit data collected under | ||
Subsection (a)(6) to the Texas School Safety Center. | ||
(c) The commissioner may adopt rules as necessary to | ||
implement this section. | ||
SECTION 3. Section 12.104(b), Education Code, as amended by | ||
Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), and 943 | ||
(H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, 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; | ||
(2) the provisions in Chapter 554, Government Code; | ||
and | ||
(3) 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; | ||
(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; | ||
(R) the right under Section 37.0151 to report to | ||
local law enforcement certain conduct constituting assault or | ||
harassment; | ||
(S) a parent's right to information 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); | ||
(T) establishment of residency under Section | ||
25.001; | ||
(U) [ |
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Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, | ||
37.1141, 37.115, 37.207, and 37.2071; | ||
(V) [ |
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mathematics proficiency plans under Section 11.185; and | ||
(W) [ |
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readiness plans under Section 11.186. | ||
SECTION 4. This Act applies beginning with the 2021-2022 | ||
school year. | ||
SECTION 5. To the extent of any conflict, this Act prevails | ||
over another Act of the 87th Legislature, Regular Session, 2021, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 6. 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, 2021. | ||
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