Bill Text: TX SB2078 | 2017-2018 | 85th Legislature | Comm Sub


Bill Title: Relating to the duties of school districts, open-enrollment charter schools, the Texas Education Agency, and the Texas School Safety Center regarding multihazard emergency operations plans and other school safety measures.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed) 2017-05-26 - Senate appoints conferees-reported [SB2078 Detail]

Download: Texas-2017-SB2078-Comm_Sub.html
 
 
  By: Taylor of Galveston S.B. No. 2078
 
  (Bonnen of Brazoria)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the duties of school districts, open-enrollment charter
  schools, the Texas Education Agency, and the Texas School Safety
  Center regarding multihazard emergency operations plans and other
  school safety measures.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12.104(b), Education Code, is 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, E, F, G, and J, Chapter 39;
                     (M)  the requirement under Section 21.006 to
  report an educator's misconduct;
                     (N)  intensive programs of instruction under
  Section 28.0213; [and]
                     (O)  school safety requirements under Sections
  37.108, 37.1083, 37.109, 37.112, and 37.207; and
                     (P)  the right of a school employee to report a
  crime, as provided by Section 37.148.
         SECTION 2.  Section 37.108, Education Code, is amended by
  amending Subsections (b) and (c) and adding Subsections (e) and (f)
  to read as follows:
         (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.  To the extent possible, a
  district shall follow safety and security audit procedures
  developed by the Texas School Safety Center or a person included in
  the registry established by the Texas School Safety Center under
  Section 37.2091 [comparable public or private entity].
         (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 and, in the
  manner required by the Texas School Safety Center, to the Texas
  School Safety Center. The Texas School Safety Center shall compile
  school district audit results and report them to the agency.
         (e)  A school district shall include in its multihazard
  emergency operations plan:
               (1)  a chain of command that designates the individual
  responsible for making final decisions during a disaster or
  emergency situation and identifies other individuals responsible
  for making those decisions if the designated person is unavailable;
               (2)  provisions for responding to a natural disaster,
  active shooter, and any other dangerous scenario identified for
  purposes of this section by the agency or the Texas School Safety
  Center;
               (3)  provisions for ensuring the safety of students in
  portable buildings;
               (4)  provisions for providing immediate notification
  to parents, guardians, and other persons standing in parental
  relation in circumstances involving a significant threat to the
  health or safety of students, including identification of the
  individual with responsibility for overseeing the notification;
               (5)  a statement of the amount per student expended by
  the district on school safety; and
               (6)  the name of each individual on the district's
  school safety and security committee established under Section
  37.109 and the date of each committee meeting during the preceding
  year.
         (f)  The Texas School Safety Center, in coordination with the
  agency, shall develop the method to be used by a school district in
  determining the amount per student expended by the district on
  school safety for purposes of the statement required under
  Subsection (e)(5). The method must include variable components
  that reflect a district's size and geographic location.
         SECTION 3.  Subchapter D, Chapter 37, Education Code, is
  amended by adding Section 37.1083 to read as follows:
         Sec. 37.1083.  AGENCY DUTIES REGARDING SCHOOL SAFETY
  MEASURES. (a)  The agency shall adopt a model multihazard
  emergency operations plan that school districts may use in
  developing district-specific multihazard emergency operations
  plans as required by Section 37.108.  To the extent possible, the
  agency shall solicit input from the Texas School Safety Center
  before adopting the model plan.
         (b)  The agency shall adopt a cycle for the agency's review
  and approval of school district multihazard emergency operations
  plans adopted under Section 37.108.
         (c)  A school district shall:
               (1)  submit its multihazard emergency operations plan
  to the agency in accordance with the cycle adopted under Subsection
  (b); and
               (2)  provide any additional information required by the
  agency in connection with the agency's review of the plan.
         (d)  The Texas School Safety Center shall participate in the
  agency's review and approval of school district multihazard
  emergency operations plans and may provide a recommendation to the
  agency regarding whether a plan complies with applicable standards.
         (e)  Regardless of whether the Texas School Safety Center
  provides a recommendation under Subsection (d) and regardless of
  the content of any recommendation provided, the agency shall make
  an independent final determination of whether a school district's
  multihazard emergency operations plan complies with applicable
  standards.
         (f)  The agency shall post information on the agency's
  Internet website that identifies each school district that:
               (1)  failed to submit the district's multihazard
  emergency operations plan for agency review and approval in
  accordance with the cycle adopted under Subsection (b);
               (2)  submitted a multihazard emergency operations plan
  that did not comply with an applicable standard; or
               (3)  failed the school safety and security audit
  required to be conducted under Section 37.108(b).
         (g)  The commissioner may adopt rules necessary to implement
  this section.
         SECTION 4.  Section 37.109, Education Code, is amended by
  adding Subsections (a-1), (c), and (d) and amending Subsection (b)
  to read as follows:
         (a-1)  The committee must include:
               (1)  a representative of a local fire department,
  emergency services agency, or other emergency services provider;
               (2)  a representative of a local police department;
               (3)  a representative of a municipality with territory
  included within the boundaries of the district;
               (4)  the president of the district's board of trustees;
               (5)  a member of the district's board of trustees other
  than the president;
               (6)  the district's superintendent; and
               (7)  two additional members designated by the
  district's superintendent.
         (b)  The committee shall:
               (1)  participate on behalf of the district in
  developing and implementing emergency plans consistent with the
  district multihazard emergency operations plan required by Section
  37.108(a) to ensure that the plans reflect specific campus,
  facility, or support services needs;
               (2)  periodically provide recommendations regarding
  updating the district multihazard emergency operations plan
  required by Section 37.108(a) in accordance with best practices
  identified by the agency, the Texas School Safety Center, or a
  person included in the registry established by the Texas School
  Safety Center under Section 37.2091;
               (3)  provide the district with any campus, facility, or
  support services information required in connection with a safety
  and security audit required by Section 37.108(b), a safety and
  security audit report required by Section 37.108(c), or another
  report required to be submitted by the district to the Texas School
  Safety Center; and
               (4) [(3)]  review each report required to be submitted
  by the district to the Texas School Safety Center to ensure that the
  report contains accurate and complete information regarding each
  campus, facility, or support service in accordance with criteria
  established by the center.
         (c)  Except as otherwise provided by this subsection, the
  committee shall meet at least once during each academic semester
  and at least once during the summer. A committee established by a
  school district that operates schools on a year-round system or in
  accordance with another alternative schedule shall meet at least
  three times during each calendar year, with an interval of at least
  two months between each meeting.
         (d)  The committee is subject to Chapter 551, Government
  Code.  Notice of a committee meeting must be posted in the same
  manner as notice of a meeting of the district's board of trustees.
         SECTION 5.  Subchapter D, Chapter 37, Education Code, is
  amended by adding Section 37.112 to read as follows:
         Sec. 37.112.  NOTIFICATION REGARDING BOMB THREAT OR
  TERRORISTIC THREAT. A school district that receives a bomb threat
  or terroristic threat relating to a campus or other district
  facility at which students are present shall provide notification
  of the threat as soon as possible to the parent or guardian of or
  other person standing in parental relation to each student who is
  assigned to the campus or who regularly uses the facility, as
  applicable.
         SECTION 6.  Section 37.207, Education Code, is amended by
  amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  Each school district shall report the results of its
  audits to:
               (1)  the center in the manner required by the center;
  and
               (2)  the agency, in accordance with commissioner rule.
         (c)  The agency shall provide assistance to the center in
  developing the model safety and security audit procedure.
         SECTION 7.  Not later than January 1, 2018, the Texas School
  Safety Center shall:
               (1)  develop a list of best practices for ensuring the
  safety of public school students receiving instruction in portable
  buildings; and
               (2)  provide information regarding the list of best
  practices to school districts using portable buildings for student
  instruction.
         SECTION 8.  The commissioner of education is required to
  implement this Act only if the legislature appropriates money
  specifically for that purpose.  If the legislature does not
  appropriate money specifically for that purpose, the commissioner
  of education may, but is not required to, implement this Act using
  other appropriations available for the purpose.
         SECTION 9.  This Act takes effect September 1, 2017.
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