Bill Text: TX SB11 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to policies, procedures, and measures for school safety and mental health promotion in public schools and the creation of the Texas Child Mental Health Care Consortium.
Spectrum: Slight Partisan Bill (Republican 16-6)
Status: (Passed) 2019-06-06 - Effective immediately [SB11 Detail]
Download: Texas-2019-SB11-Introduced.html
Bill Title: Relating to policies, procedures, and measures for school safety and mental health promotion in public schools and the creation of the Texas Child Mental Health Care Consortium.
Spectrum: Slight Partisan Bill (Republican 16-6)
Status: (Passed) 2019-06-06 - Effective immediately [SB11 Detail]
Download: Texas-2019-SB11-Introduced.html
86R13451 JES-F | ||
By: Taylor | S.B. No. 11 |
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relating to policies, procedures, and measures for school safety | ||
and mental health promotion in public schools; making an | ||
appropriation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 7, Education Code, is | ||
amended by adding Section 7.061 to read as follows: | ||
Sec. 7.061. FACILITIES STANDARDS. (a) In this section, | ||
"instructional facility" has the meaning assigned by Section | ||
46.001. | ||
(b) The commissioner shall adopt or amend rules as necessary | ||
to ensure that building standards for instructional facilities and | ||
other school district and open-enrollment charter school | ||
facilities provide a secure and safe environment. In adopting or | ||
amending rules under this section, the commissioner shall include | ||
the use of best practices for: | ||
(1) the design and construction of new facilities; and | ||
(2) the improvement, renovation, and retrofitting of | ||
existing facilities. | ||
(c) Not later than September 1 of each even-numbered year, | ||
the commissioner shall review all rules adopted or amended under | ||
this section and amend the rules as necessary to ensure that | ||
building standards for school district and open-enrollment charter | ||
school facilities continue to provide a secure and safe | ||
environment. | ||
SECTION 2. Chapter 8, Education Code, is amended by adding | ||
Subchapter E to read as follows: | ||
SUBCHAPTER E. MENTAL HEALTH AND SUBSTANCE USE RESOURCES FOR | ||
SCHOOL DISTRICT PERSONNEL | ||
Sec. 8.151. DEFINITIONS. In this subchapter, "local mental | ||
health authority" and "non-physician mental health professional" | ||
have the meanings assigned by Section 571.003, Health and Safety | ||
Code. | ||
Sec. 8.152. EMPLOYMENT OF NON-PHYSICIAN MENTAL HEALTH | ||
PROFESSIONAL AS MENTAL HEALTH AND SUBSTANCE USE RESOURCE. (a) A | ||
local mental health authority shall employ a non-physician mental | ||
health professional to serve as a mental health and substance use | ||
resource for school districts located in the region served by a | ||
regional education service center and in which the local mental | ||
health authority provides services. | ||
(b) If two or more local mental health authorities provide | ||
services in a region served by a regional education service center, | ||
the local mental health authority that primarily operates in the | ||
county in which the center is located shall employ the | ||
non-physician mental health professional and, in making any hiring | ||
decision, consult with other local mental health authorities | ||
providing services in that region. | ||
Sec. 8.153. INTERAGENCY COLLABORATION; MEMORANDUM OF | ||
UNDERSTANDING. (a) A local mental health authority that employs a | ||
non-physician mental health professional under Section 8.152 and | ||
the regional education service center shall collaborate in carrying | ||
out this subchapter. | ||
(b) Each regional education service center shall provide | ||
for a non-physician mental health professional employed for the | ||
region served by the center with a space for the professional to | ||
carry out the professional's duties under Section 8.155. The local | ||
mental health authority that employs the professional shall pay the | ||
center a reasonable administrative cost for providing the space. | ||
(c) A local mental health authority and a regional education | ||
service center may enter into a memorandum of understanding for the | ||
administration of this section. | ||
Sec. 8.154. SUPERVISION OF NON-PHYSICIAN MENTAL HEALTH | ||
PROFESSIONAL. The local mental health authority that employs a | ||
non-physician mental health professional under Section 8.152 | ||
shall: | ||
(1) supervise the professional in carrying out the | ||
professional's duties under Section 8.155; and | ||
(2) consult with any other local mental health | ||
authorities in the region in supervising the professional. | ||
Sec. 8.155. DUTIES OF NON-PHYSICIAN MENTAL HEALTH | ||
PROFESSIONAL. (a) A non-physician mental health professional | ||
employed under Section 8.152 shall act as a resource for school | ||
district personnel by: | ||
(1) helping personnel gain awareness and a better | ||
understanding of mental health and co-occurring mental health and | ||
substance use disorders; | ||
(2) assisting personnel to implement initiatives | ||
related to mental health or substance use under state law or agency | ||
rules; | ||
(3) ensuring personnel are aware of: | ||
(A) the list of recommended best practice-based | ||
programs and research-based practices developed under Section | ||
161.325, Health and Safety Code; and | ||
(B) other treatment programs available in the | ||
school district, including programs provided by a local mental | ||
health authority; | ||
(4) on a bimonthly basis, providing personnel with | ||
mental health first aid training; | ||
(5) on a bimonthly basis, providing personnel with | ||
training on prevention and intervention programs that have been | ||
shown to be effective in helping students cope with pressures to: | ||
(A) use alcohol, cigarettes, or illegal drugs; or | ||
(B) misuse prescription drugs; and | ||
(6) on an annual basis, providing personnel with | ||
training regarding the effects of grief and trauma and providing | ||
support to children with intellectual or developmental | ||
disabilities who suffer from grief or trauma. | ||
(b) A non-physician mental health professional employed | ||
under Section 8.152 may not treat or provide counseling to a student | ||
or provide specific advice to school district personnel regarding a | ||
student. | ||
Sec. 8.156. PARTICIPATION BY SCHOOL DISTRICT NOT REQUIRED. | ||
This subchapter does not require a school district to participate | ||
in training provided by a non-physician mental health professional | ||
or otherwise use the professional as a resource. | ||
Sec. 8.157. DISTRIBUTION OF FUNDING. A state agency to | ||
which money is appropriated to carry out this subchapter shall | ||
ensure that the money is distributed equally among the local mental | ||
health authorities that employ and supervise non-physician mental | ||
health professionals under this subchapter. | ||
Sec. 8.158. REPORT. (a) Before the last business day of | ||
each calendar year, each local mental health authority that employs | ||
and supervises a non-physician mental health professional under | ||
this subchapter shall prepare and submit a report to the Health and | ||
Human Services Commission regarding the outcomes for school | ||
districts and students resulting from services provided by the | ||
non-physician mental health professional. | ||
(b) Not later than January 31 of the following calendar | ||
year, the commission shall compile the information submitted under | ||
this section and prepare and submit a report to the lieutenant | ||
governor, the speaker of the house of representatives, each | ||
standing committee of the legislature having primary jurisdiction | ||
over mental health, and each standing committee of the legislature | ||
having primary jurisdiction over public education. | ||
SECTION 3. Section 11.252(a), Education Code, is amended to | ||
read as follows: | ||
(a) Each school district shall have a district improvement | ||
plan that is developed, evaluated, and revised annually, in | ||
accordance with district policy, by the superintendent with the | ||
assistance of the district-level committee established under | ||
Section 11.251. The purpose of the district improvement plan is to | ||
guide district and campus staff in the improvement of student | ||
performance for all student groups in order to attain state | ||
standards in respect to the achievement indicators adopted under | ||
Section 39.053(c). The district improvement plan must include | ||
provisions for: | ||
(1) a comprehensive needs assessment addressing | ||
district student performance on the achievement indicators, and | ||
other appropriate measures of performance, that are disaggregated | ||
by all student groups served by the district, including categories | ||
of ethnicity, socioeconomic status, sex, and populations served by | ||
special programs, including students in special education programs | ||
under Subchapter A, Chapter 29; | ||
(2) measurable district performance objectives for | ||
all appropriate achievement indicators for all student | ||
populations, including students in special education programs | ||
under Subchapter A, Chapter 29, and other measures of student | ||
performance that may be identified through the comprehensive needs | ||
assessment; | ||
(3) strategies for improvement of student performance | ||
that include: | ||
(A) instructional methods for addressing the | ||
needs of student groups not achieving their full potential; | ||
(B) methods for addressing the needs of students | ||
for special programs, including: | ||
(i) suicide prevention programs, in | ||
accordance with Subchapter O-1, Chapter 161, Health and Safety | ||
Code, which includes a parental or guardian notification procedure; | ||
(ii) conflict resolution programs; | ||
(iii) violence prevention programs; and | ||
(iv) dyslexia treatment programs; | ||
(C) dropout reduction; | ||
(D) integration of technology in instructional | ||
and administrative programs; | ||
(E) discipline management; | ||
(F) staff development for professional staff of | ||
the district; | ||
(G) career education to assist students in | ||
developing the knowledge, skills, and competencies necessary for a | ||
broad range of career opportunities; and | ||
(H) accelerated education; | ||
(4) strategies for providing to middle school, junior | ||
high school, and high school students, those students' teachers and | ||
school counselors, and those students' parents information about: | ||
(A) higher education admissions and financial | ||
aid opportunities; | ||
(B) the TEXAS grant program and the Teach for | ||
Texas grant program established under Chapter 56; | ||
(C) the need for students to make informed | ||
curriculum choices to be prepared for success beyond high school; | ||
and | ||
(D) sources of information on higher education | ||
admissions and financial aid; | ||
(5) resources needed to implement identified | ||
strategies; | ||
(6) staff responsible for ensuring the accomplishment | ||
of each strategy; | ||
(7) timelines for ongoing monitoring of the | ||
implementation of each improvement strategy; | ||
(8) formative evaluation criteria for determining | ||
periodically whether strategies are resulting in intended | ||
improvement of student performance; [ |
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(9) the policy under Section 38.0041 addressing sexual | ||
abuse and other maltreatment of children; and | ||
(10) the trauma-informed care policy required under | ||
Section 38.036. | ||
SECTION 4. 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, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115, 37.207, | ||
37.2071, and 37.220. | ||
SECTION 5. Sections 21.054(d) and (d-2), Education Code, | ||
are amended to read as follows: | ||
(d) Continuing education requirements for a classroom | ||
teacher must provide that not more than 25 percent of the training | ||
required every five years include instruction regarding: | ||
(1) collecting and analyzing information that will | ||
improve effectiveness in the classroom; | ||
(2) recognizing early warning indicators that a | ||
student may be at risk of dropping out of school; | ||
(3) digital learning, digital teaching, and | ||
integrating technology into classroom instruction; | ||
(4) educating diverse student populations, including: | ||
(A) students with disabilities, including mental | ||
health disorders; | ||
(B) students who are educationally | ||
disadvantaged; | ||
(C) students of limited English proficiency; and | ||
(D) students at risk of dropping out of school; | ||
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(5) understanding appropriate relationships, | ||
boundaries, and communications between educators and students; | ||
and[ |
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(6) [ |
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trauma affect student learning and behavior and how evidence-based, | ||
grief-informed, and trauma-informed strategies support the | ||
academic success of students affected by grief and trauma. | ||
(d-2) The instruction required under Subsection (d)(6) | ||
must: | ||
(1) comply with the training required by Section | ||
38.036(c)(1); and | ||
(2) be approved by the commissioner. | ||
SECTION 6. Section 37.108, Education Code, is amended by | ||
amending Subsections (a), (b), and (c) and adding Subsections (b-1) | ||
and (f) 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 | ||
Texas School Safety Center in conjunction with the governor's | ||
office of homeland security and the commissioner of education or | ||
commissioner of higher education, as applicable [ |
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provide for: | ||
(1) [ |
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emergency for district employees, including substitute teachers; | ||
(2) measures to ensure district employees, including | ||
substitute teachers, have classroom access to a telephone or | ||
another electronic communication device allowing for immediate | ||
contact with district emergency services or emergency services | ||
agencies, law enforcement agencies, health departments, and fire | ||
departments; | ||
(3) if the plan applies to a school district, | ||
mandatory school drills and exercises, including drills required | ||
under Section 37.114, to prepare district students and employees | ||
for responding to an emergency; | ||
(4) [ |
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Department of State Health Services and local emergency management | ||
agencies, law enforcement, health departments, and fire | ||
departments in the event of an emergency; and | ||
(5) [ |
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audit as required by Subsection (b). | ||
(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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(b-1) In a school district's safety and security audit | ||
required under Subsection (b), the district must certify that the | ||
district used the funds provided to the district through the school | ||
safety allotment under Section 42.168 only for the purposes | ||
provided by that section. | ||
(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 report provided to the Texas School | ||
Safety Center under this subsection must be signed by the | ||
district's board of trustees and superintendent. The Texas School | ||
Safety Center shall compile school district audit results and | ||
report them to the agency. | ||
(f) 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 policy for providing a substitute teacher access | ||
to school campus buildings and materials necessary for the | ||
substitute teacher to carry out the duties of a district employee | ||
during an emergency or a mandatory emergency drill; 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. | ||
SECTION 7. Subchapter D, Chapter 37, Education Code, is | ||
amended by adding Sections 37.1081 and 37.1082 to read as follows: | ||
Sec. 37.1081. PUBLIC HEARING ON MULTIHAZARD EMERGENCY | ||
OPERATIONS PLAN NONCOMPLIANCE. (a) If the board of trustees of a | ||
school district receives notice of noncompliance under Section | ||
37.207(e) or 37.2071(g), the board shall hold a public hearing to | ||
notify the public of: | ||
(1) the district's failure to: | ||
(A) submit or correct deficiencies in a | ||
multihazard emergency operations plan; or | ||
(B) report the results of a safety and security | ||
audit to the Texas School Safety Center as required by law; | ||
(2) the dates during which the district has not been in | ||
compliance; and | ||
(3) the names of each member of the board of trustees | ||
and the superintendent serving in that capacity during the dates | ||
the district was not in compliance. | ||
(b) The school district shall provide the information | ||
required under Subsection (a)(3) in writing to each person in | ||
attendance at the hearing. | ||
(c) The board shall give members of the public a reasonable | ||
opportunity to appear before the board and to speak on the issue of | ||
the district's failure to submit or correct deficiencies in a | ||
multihazard emergency operations plan or report the results of a | ||
safety and security audit during a hearing held under this section. | ||
(d) A school district required to hold a public hearing | ||
under Subsection (a) shall provide written confirmation to the | ||
Texas School Safety Center that the district held the hearing. | ||
Sec. 37.1082. MULTIHAZARD EMERGENCY OPERATIONS PLAN | ||
NONCOMPLIANCE; APPOINTMENT OF CONSERVATOR OR BOARD OF MANAGERS. | ||
(a) If the agency receives notice from the Texas School Safety | ||
Center of a school district's failure to submit a multihazard | ||
emergency operations plan, the commissioner may appoint a | ||
conservator for the district under Chapter 39A. The conservator | ||
may order the district to adopt, implement, and submit a | ||
multihazard emergency operations plan. | ||
(b) If a district fails to comply with a conservator's order | ||
to adopt, implement, and submit a multihazard emergency operations | ||
plan within the time frame imposed by the commissioner, the | ||
commissioner may appoint a board of managers under Chapter 39A to | ||
oversee the operations of the district. | ||
(c) The commissioner may adopt rules as necessary to | ||
administer this section. | ||
SECTION 8. 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) one or more representatives of an office of | ||
emergency management of a county or city in which the district is | ||
located; | ||
(2) one or more representatives of the local police | ||
department or sheriff's office; | ||
(3) one or more representatives of the district's | ||
police department, if applicable; | ||
(4) one or more representatives of a municipality with | ||
territory included within the boundaries of the district; | ||
(5) the president of the district's board of trustees; | ||
(6) a member of the district's board of trustees other | ||
than the president; | ||
(7) the district's superintendent; | ||
(8) one or more designees of the district's | ||
superintendent, one of whom must be a classroom teacher in the | ||
district; | ||
(9) if the district partners with an open-enrollment | ||
charter school to provide instruction to students, a member of the | ||
open-enrollment charter school's governing body or a designee of | ||
the governing body; and | ||
(10) two parents or guardians of students enrolled in | ||
the district. | ||
(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 to the | ||
district's board of trustees and district administrators 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; [ |
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(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; and | ||
(5) consult with local law enforcement agencies on | ||
methods to increase law enforcement presence near district | ||
campuses. | ||
(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, and may meet in executive session as provided by that chapter. | ||
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 9. Subchapter D, Chapter 37, Education Code, is | ||
amended by adding Sections 37.113, 37.114, and 37.115 to read as | ||
follows: | ||
Sec. 37.113. 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. | ||
Sec. 37.114. EMERGENCY EVACUATIONS; MANDATORY SCHOOL | ||
DRILLS. The commissioner, in consultation with the Texas School | ||
Safety Center and the state fire marshal, shall adopt rules: | ||
(1) providing procedures for evacuating and securing | ||
school property during an emergency; 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. | ||
Sec. 37.115. THREAT ASSESSMENT TEAMS. (a) In this section, | ||
"threatening behaviors" include behaviors by a student that could | ||
result in the student's expulsion or removal to a disciplinary | ||
alternative education program or a juvenile justice alternative | ||
education program, including verbal threats, fighting, the use or | ||
possession of a weapon, or assault. | ||
(b) The board of trustees of each school district shall | ||
establish threat assessment teams to serve at each campus of the | ||
district and shall adopt policies and procedures for the teams. The | ||
threat assessment team is responsible for determining the | ||
appropriate method for the assessment and intervention of | ||
individuals who make threats of violence or exhibit threatening | ||
behaviors on the campus. The policies and procedures adopted under | ||
this section must: | ||
(1) be consistent with the model policies and | ||
procedures developed by the Texas School Safety Center under | ||
Section 37.220; | ||
(2) require threat assessment teams to complete | ||
training provided by the Texas School Safety Center or a regional | ||
education service center regarding evidence-based threat | ||
assessment programs; and | ||
(3) require each threat assessment team established | ||
under this section to report the information required under | ||
Subsection (h) regarding the team's activities to the agency. | ||
(c) The superintendent of the district shall appoint | ||
members to each threat assessment team with expertise in | ||
counseling, classroom instruction, school administration, and law | ||
enforcement. A threat assessment team may serve more than one | ||
campus of a school district, provided that each district campus is | ||
assigned a threat assessment team. | ||
(d) A threat assessment team shall: | ||
(1) assess and report individuals who make threats of | ||
violence or exhibit threatening behavior in accordance with the | ||
policies and procedures adopted under Subsection (b); and | ||
(2) provide guidance to students and school employees | ||
regarding: | ||
(A) recognizing threatening behavior that may | ||
pose a threat to the community, school, or individual; and | ||
(B) reporting potential threats, including | ||
providing information regarding to whom potential threats should be | ||
reported. | ||
(e) On a determination that a student or other individual | ||
poses a serious risk of threat of violence to others, a threat | ||
assessment team shall immediately report the team's determination | ||
to the superintendent. If the individual is a student, the | ||
superintendent shall immediately attempt to inform the parent or | ||
person standing in parental relation to the student. The | ||
requirements of this subsection do not prevent an employee of the | ||
school from acting immediately to prevent an imminent threat or | ||
respond to an emergency. | ||
(f) A threat assessment team identifying a student at risk | ||
of suicide shall act in accordance with the district's suicide | ||
prevention program. If the student at risk of suicide also makes a | ||
threat of violence to others, the threat assessment team shall | ||
conduct a threat assessment in addition to actions taken in | ||
accordance with the district's suicide prevention program. | ||
(g) A threat assessment team identifying a student using or | ||
possessing tobacco, drugs, or alcohol shall act in accordance with | ||
district policies and procedures related to substance abuse | ||
prevention and intervention. | ||
(h) A threat assessment team must report to the agency in | ||
accordance with guidelines developed by the agency the following | ||
information regarding the team's activities for each school | ||
district campus the threat assessment team serves: | ||
(1) the occupation of each person appointed to the | ||
team; | ||
(2) the number of threats and a description of the type | ||
of the threats reported to the team; | ||
(3) the outcome of each assessment made by the threat | ||
assessment team, including: | ||
(A) any disciplinary action taken, including a | ||
change in school placement; | ||
(B) any action taken by law enforcement; or | ||
(C) a referral to or change in counseling, mental | ||
health, special education, or other services; and | ||
(4) the total number, disaggregated by student gender, | ||
race, and status as receiving special education services, of: | ||
(A) citations issued for Class C misdemeanor | ||
offenses; | ||
(B) arrests made in connection with reported | ||
threats; and | ||
(C) incidents of uses of restraint in connection | ||
with a threat assessment or reported threat. | ||
(i) The superintendent of a school district may establish a | ||
committee, or assign to an existing committee established by the | ||
district the duty, to oversee the operations of threat assessment | ||
teams established for the district. A committee with oversight | ||
responsibility under this subsection must include members with | ||
expertise in human resources, education, school administration, | ||
mental health, and law enforcement. | ||
SECTION 10. Section 37.207, Education Code, is amended by | ||
adding Subsections (c), (d), and (e) to read as follows: | ||
(c) In addition to a review of a district's multihazard | ||
emergency operations plan under Section 37.2071, the center may | ||
require a district to submit its plan for immediate review if the | ||
district's audit results indicate that the district is not | ||
complying with applicable standards. | ||
(d) If a district fails to report the results of its audit as | ||
required under Subsection (b), the center shall provide the | ||
district with written notice that the district has failed to report | ||
its audit results and must immediately report the results to the | ||
center. | ||
(e) If six months after the date of the initial notification | ||
required by Subsection (d) the district has still not reported the | ||
results of its audit to the center, the center shall notify the | ||
agency and the district of the district's requirement to conduct a | ||
public hearing under Section 37.1081. This subsection applies only | ||
to a school district. | ||
SECTION 11. Subchapter G, Chapter 37, Education Code, is | ||
amended by adding Section 37.2071 to read as follows: | ||
Sec. 37.2071. DISTRICT MULTIHAZARD EMERGENCY OPERATIONS | ||
PLAN REVIEW AND APPROVAL. (a) The center shall establish a random | ||
or need-based cycle for the center's review and approval of school | ||
district and public junior college district multihazard emergency | ||
operations plans adopted under Section 37.108. The cycle must | ||
provide for each district's plan to be reviewed at least once every | ||
three years. | ||
(b) A school district or public junior college district | ||
shall submit its multihazard emergency operations plan to the | ||
center on request of the center and in accordance with the center's | ||
review cycle developed under Subsection (a). | ||
(c) The center shall review each district's multihazard | ||
emergency operations plan submitted under Subsection (b) and: | ||
(1) approve the plan; or | ||
(2) provide the district with written notice: | ||
(A) describing the plan's deficiencies; and | ||
(B) stating that the district must correct the | ||
deficiencies in its plan and resubmit the revised plan to the | ||
center. | ||
(d) If a district fails to submit its multihazard emergency | ||
operations plan to the center for review, the center shall provide | ||
the district with written notice stating that the district: | ||
(1) has failed to submit a plan; and | ||
(2) must submit a plan to the center for approval. | ||
(e) The center may approve a district multihazard emergency | ||
operations plan that has deficiencies if the district submits a | ||
revised plan that the center determines will correct the | ||
deficiencies. | ||
(f) If three months after the date of initial notification | ||
of a plan's deficiencies under Subsection (c)(2) or failure to | ||
submit a plan under Subsection (d) a district has not corrected the | ||
plan deficiencies or has failed to submit a plan, the center shall | ||
provide written notice to the district and agency that the district | ||
has not complied with the requirements of this section and must | ||
comply immediately. | ||
(g) If a school district still has not corrected the plan | ||
deficiencies or has failed to submit a plan six months after the | ||
date of initial notification under Subsection (c)(2) or (d), the | ||
center shall provide written notice to the school district stating | ||
that the district must hold a public hearing under Section 37.1081. | ||
(h) If a school district has failed to submit a plan, the | ||
notice required by Subsection (g) must state that the commissioner | ||
is authorized to appoint a conservator under Section 37.1082. | ||
(i) Any document or information collected, developed, or | ||
produced during the review and approval of multihazard emergency | ||
operations plans under this section is not subject to disclosure | ||
under Chapter 552, Government Code. | ||
SECTION 12. Section 37.2091(d), Education Code, is amended | ||
to read as follows: | ||
(d) The center shall verify the information provided by a | ||
person under Subsection (c) to confirm [ |
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SECTION 13. Subchapter G, Chapter 37, Education Code, is | ||
amended by adding Section 37.220 to read as follows: | ||
Sec. 37.220. MODEL THREAT ASSESSMENT TEAM POLICIES AND | ||
PROCEDURES. (a) The center shall develop model policies and | ||
procedures to assist school districts in establishing and training | ||
threat assessment teams. | ||
(b) The model policies and procedures developed under | ||
Subsection (a) must include procedures, when appropriate, for: | ||
(1) the referral of a student to a local mental health | ||
authority or health care provider for evaluation or treatment; and | ||
(2) the referral of a student for a full individual and | ||
initial evaluation for special education services under Section | ||
29.004. | ||
SECTION 14. Subchapter A, Chapter 38, Education Code, is | ||
amended by adding Section 38.036 to read as follows: | ||
Sec. 38.036. TRAUMA-INFORMED CARE POLICY. (a) Each school | ||
district shall adopt and implement a policy requiring the | ||
integration of trauma-informed practices in each school | ||
environment. | ||
(b) A policy required by this section must address: | ||
(1) using resources developed by the agency, methods | ||
for: | ||
(A) increasing staff and parent awareness of | ||
trauma-informed care; and | ||
(B) implementation of trauma-informed practices | ||
and care by district and campus staff; and | ||
(2) available counseling options for students | ||
affected by trauma or toxic stress. | ||
(c) The methods under Subsection (b)(1) for increasing | ||
awareness and implementation of trauma-informed care must include | ||
training as provided by this subsection. The training: | ||
(1) must be provided: | ||
(A) through an evidence-based, | ||
evidence-informed, or promising practices training program that | ||
addresses the effects of trauma and is approved by the agency; and | ||
(B) as part of any new employee orientation for | ||
all new school district educators or coaches; and | ||
(2) may be included in staff development provided | ||
under Section 21.451. | ||
(d) For any training provided under Subsection (c), each | ||
school district shall maintain records that include the name of | ||
each district staff member who participated in the training. | ||
(e) If a school district determines that the district does | ||
not have sufficient resources to provide the training required | ||
under Subsection (c), the district shall make reasonable efforts to | ||
collaborate with a community organization to provide training that | ||
meets the requirements of Subsection (c) at no cost to the district. | ||
(f) The commissioner shall adopt rules as necessary to | ||
administer this section. | ||
SECTION 15. Subchapter C, Chapter 42, Education Code, is | ||
amended by adding Section 42.168 to read as follows: | ||
Sec. 42.168. SCHOOL SAFETY ALLOTMENT. (a) A school | ||
district is entitled to an annual allotment of $50, or a greater | ||
amount provided by appropriation, for each student in average daily | ||
attendance. | ||
(b) Funds allocated under this section must be used to | ||
improve school safety and security, including costs associated | ||
with: | ||
(1) securing school facilities, including: | ||
(A) improvements to school infrastructure; | ||
(B) the use or installation of physical barriers; | ||
and | ||
(C) the purchase and maintenance of security | ||
cameras or other security equipment; | ||
(2) providing security for the district, including: | ||
(A) employing school district peace officers, | ||
private security officers, and school marshals; and | ||
(B) collaborating with local law enforcement | ||
agencies, such as entering into a memorandum of understanding for | ||
the assignment of school resource officers to schools in the | ||
district; and | ||
(3) school safety and security training and planning, | ||
including: | ||
(A) active shooter and emergency response | ||
training; and | ||
(B) prevention and treatment programs relating | ||
to addressing adverse childhood experiences. | ||
(c) A school district that is required to take action under | ||
Chapter 41 to reduce its wealth per student to the equalized wealth | ||
level is entitled to a credit, in the amount of the allotments to | ||
which the district is entitled under this section, against the | ||
total amount required under Section 41.093 for the district to | ||
purchase attendance credits. | ||
(d) The commissioner may adopt rules to implement this | ||
section. | ||
SECTION 16. Section 45.001(a), Education Code, is amended | ||
to read as follows: | ||
(a) The governing board of an independent school district, | ||
including the city council or commission that has jurisdiction over | ||
a municipally controlled independent school district, the | ||
governing board of a rural high school district, and the | ||
commissioners court of a county, on behalf of each common school | ||
district under its jurisdiction, may: | ||
(1) issue bonds for: | ||
(A) the construction, acquisition, and equipment | ||
of school buildings in the district; | ||
(B) the acquisition of property or the | ||
refinancing of property financed under a contract entered under | ||
Subchapter A, Chapter 271, Local Government Code, regardless of | ||
whether payment obligations under the contract are due in the | ||
current year or a future year; | ||
(C) the purchase of the necessary sites for | ||
school buildings; [ |
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(D) the purchase of new school buses; | ||
(E) the retrofitting of school buses with | ||
emergency, safety, or security equipment; and | ||
(F) the purchase or retrofitting of vehicles to | ||
be used for emergency, safety, or security purposes; and | ||
(2) [ |
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valorem taxes sufficient to pay the principal of and interest on the | ||
bonds as or before the principal and interest become due, subject to | ||
Section 45.003. | ||
SECTION 17. Chapter 61, Education Code, is amended by | ||
adding Subchapter LL to read as follows: | ||
SUBCHAPTER LL. REPAYMENT OF CERTAIN SCHOOL COUNSELOR EDUCATION | ||
LOANS | ||
Sec. 61.9851. LOAN REPAYMENT ASSISTANCE AUTHORIZED. The | ||
board shall provide, in accordance with this subchapter and board | ||
rules, assistance in the repayment of eligible student loans for | ||
eligible school counselors who apply and qualify for the | ||
assistance. | ||
Sec. 61.9852. ELIGIBILITY. To be eligible to receive loan | ||
repayment assistance under this subchapter, a school counselor | ||
must: | ||
(1) apply annually for the repayment assistance in a | ||
manner prescribed by the board; | ||
(2) be a United States citizen or permanent resident | ||
alien; | ||
(3) have earned at least a master's degree related to | ||
counseling from any public or accredited private institution of | ||
higher education; | ||
(4) be certified as a school counselor under | ||
Subchapter B, Chapter 21; and | ||
(5) have completed one, two, three, four, or five | ||
years of consecutive employment by a school district in this state: | ||
(A) all or part of which is located in a federally | ||
designated mental health care health professional shortage area; or | ||
(B) at a school that receives federal funding | ||
under Title I, Elementary and Secondary Education Act of 1965 (20 | ||
U.S.C. Section 6301 et seq.). | ||
Sec. 61.9853. LIMITATIONS. A school counselor may receive | ||
loan repayment assistance under this subchapter for not more than | ||
five years. | ||
Sec. 61.9854. ELIGIBLE LOANS. (a) The board may provide | ||
loan repayment assistance under this subchapter for the repayment | ||
of any student loan for education at an institution of higher | ||
education, a private or independent institution of higher | ||
education, or a public or private out-of-state institution of | ||
higher education accredited by a recognized accrediting agency, | ||
including loans for undergraduate education, received by an | ||
eligible person through any lender. | ||
(b) The board may not provide repayment assistance for a | ||
student loan that is in default at the time of the person's | ||
application. | ||
(c) In each state fiscal biennium, the board shall attempt | ||
to allocate all funds appropriated to the board for the purpose of | ||
providing loan repayment assistance under this subchapter. | ||
Sec. 61.9855. REPAYMENT. (a) The board shall deliver any | ||
repayment under this subchapter in a lump sum payable: | ||
(1) to both the lender or other holder of the loan and | ||
the school counselor; or | ||
(2) directly to the lender or other holder of the loan | ||
on the school counselor's behalf. | ||
(b) A repayment under this subchapter may be applied to any | ||
amount due in connection with the loan. | ||
Sec. 61.9856. AMOUNT OF REPAYMENT ASSISTANCE. (a) A school | ||
counselor may receive loan repayment assistance under this | ||
subchapter for each year the school counselor establishes | ||
eligibility for the assistance in an amount determined by applying | ||
the following applicable percentage to the maximum total amount of | ||
assistance allowed for the school counselor under Subsection (b): | ||
(1) for the first year, 10 percent; | ||
(2) for the second year, 15 percent; | ||
(3) for the third year, 20 percent; | ||
(4) for the fourth year, 25 percent; and | ||
(5) for the fifth year, 30 percent. | ||
(b) The total amount of repayment assistance received by a | ||
school counselor under this subchapter may not exceed: | ||
(1) $80,000, for assistance received by a school | ||
counselor who holds a doctoral degree related to counseling; and | ||
(2) $40,000, for assistance received by a school | ||
counselor who holds a master's degree related to counseling. | ||
(c) The total amount of loan repayment assistance provided | ||
under this subchapter may not exceed the sum of: | ||
(1) the total amount of gifts and grants accepted by | ||
the board for the repayment assistance; | ||
(2) legislative appropriations for the repayment | ||
assistance; and | ||
(3) other funds available to the board for the | ||
repayment assistance. | ||
(d) The board may adjust in an equitable manner the | ||
distribution amounts that school counselors would otherwise | ||
receive under Subsection (a) for a year as necessary to comply with | ||
Subsection (c). | ||
Sec. 61.9857. RULES; ADMINISTRATION. (a) The board shall | ||
adopt rules necessary to administer this subchapter. | ||
(b) The board shall distribute to each institution of higher | ||
education or private or independent institution of higher education | ||
and to any appropriate state agency and professional association | ||
copies of the rules adopted under this section and other pertinent | ||
information relating to this subchapter. | ||
(c) The board shall administer the program under this | ||
subchapter in a manner that maximizes any matching funds available | ||
through other sources. | ||
Sec. 61.9858. SOLICITATION AND ACCEPTANCE OF FUNDS. The | ||
board may solicit and accept gifts and grants from any public or | ||
private source for the purposes of this subchapter. | ||
SECTION 18. The amount of $_____ is appropriated from the | ||
economic stabilization fund to the foundation school fund for use | ||
by the commissioner of education to make grants to school districts | ||
and open-enrollment charter schools in accordance with this Act and | ||
commissioner rule during the state fiscal biennium beginning | ||
September 1, 2019, for improvements in the security of school | ||
facilities. | ||
SECTION 19. From among school districts and open-enrollment | ||
charter schools that apply in the time and manner established by the | ||
commissioner of education for a grant of money under this Act to pay | ||
for school security improvements, the commissioner shall select | ||
those school districts and open-enrollment charter schools that | ||
best meet the criteria adopted for the purpose by the commissioner. | ||
The criteria must include: | ||
(1) a school district's or open-enrollment charter | ||
school's need for improvements in the security of district or | ||
school facilities; | ||
(2) a school district's or open-enrollment charter | ||
school's ability to pay for the improvements without the grant; and | ||
(3) the school security improvement plan provided by | ||
the school district or open-enrollment charter school and the | ||
likely effectiveness of that plan in improving school security. | ||
SECTION 20. Not later than January 1, 2020: | ||
(1) the Texas School Safety Center shall: | ||
(A) develop a list of best practices for ensuring | ||
the safety of public school students receiving instruction in | ||
portable buildings; and | ||
(B) provide information regarding the list of | ||
best practices to school districts using portable buildings for | ||
student instruction; | ||
(2) the commissioner of education shall adopt or amend | ||
rules as required by Section 7.061, Education Code, as added by this | ||
Act; and | ||
(3) the commissioner of education, in consultation | ||
with the Texas School Safety Center and the state fire marshal, | ||
shall adopt rules as required by Section 37.114, Education Code, as | ||
added by this Act. | ||
SECTION 21. 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 22. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect September 1, 2019. | ||
(b) Sections 18 and 19 of this Act take effect September 1, | ||
2019, but only if this Act receives a vote of two-thirds of the | ||
members present in each house of the legislature, as provided by | ||
Section 49-g(m), Article III, Texas Constitution. |