Bill Text: TX SB2078 | 2017-2018 | 85th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 - Dead) 2017-05-26 - Senate appoints conferees-reported [SB2078 Detail]
Download: Texas-2017-SB2078-Engrossed.html
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 - Dead) 2017-05-26 - Senate appoints conferees-reported [SB2078 Detail]
Download: Texas-2017-SB2078-Engrossed.html
By: Taylor of Galveston | S.B. No. 2078 |
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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; [ |
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(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 [ |
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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 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) [ |
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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. |