Bill Text: TX SB11 | 2019-2020 | 86th Legislature | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
86R30819 JES/JG-F | ||
By: Taylor, et al. | S.B. No. 11 | |
(Bonnen of Galveston, Huberty, Metcalf, Thierry, | ||
Price, et al.) |
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relating to policies, procedures, and measures for school safety | ||
and mental health promotion in public schools. | ||
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. In making a hiring decision | ||
under this section, the local mental health authority shall consult | ||
with the regional education service center. | ||
(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 and | ||
the regional education service center 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 negotiated cost recovery fee for providing the | ||
space and administrative support outlined in the memorandum of | ||
understanding under Subsection (c). The fee may not exceed $15,000 | ||
unless a larger fee is agreed to by the local mental health | ||
authority and center. | ||
(c) A local mental health authority and a regional education | ||
service center shall 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 and the regional education service center | ||
in supervising the professional and seek input from the center | ||
regarding the professional's performance. | ||
Sec. 8.155. DUTIES OF NON-PHYSICIAN MENTAL HEALTH | ||
PROFESSIONAL. (a) A non-physician mental health professional | ||
employed under Section 8.152 shall collaborate with the regional | ||
education service center that focuses on mental health initiatives | ||
and act as a resource for the regional education service center and | ||
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: | ||
(A) state law; | ||
(B) rules adopted by a state agency; | ||
(C) interagency memoranda of understanding; or | ||
(D) programs related to the state law, rules, or | ||
memoranda of understanding; | ||
(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; | ||
(B) other public and private mental health and | ||
substance use prevention, treatment, and recovery programs | ||
available in the school district, including evidence-based | ||
programs provided by a local mental health authority and other | ||
public or private mental health providers; and | ||
(C) other resources available from the Health and | ||
Human Services Commission to support school districts, students, or | ||
students' families; | ||
(4) on a monthly basis, facilitating mental health | ||
first aid training; | ||
(5) on a monthly basis, facilitating training | ||
regarding the effects of grief and trauma and providing support to | ||
children with intellectual or developmental disabilities who | ||
suffer from grief or trauma; and | ||
(6) on a monthly basis, facilitating 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. | ||
(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 Health and Human Services Commission shall compile the | ||
information submitted under this section and prepare and provide a | ||
preliminary report to the agency for review and input. After | ||
receiving the agency's recommendations on the preliminary report, | ||
the commission shall prepare and submit a final report to the | ||
agency, 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); | ||
(T) healthy relationships education under | ||
Section 28.004(q); and | ||
(U) school safety requirements under Sections | ||
37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115, 37.207, | ||
and 37.2071. | ||
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 25.081(a), Education Code, is amended to | ||
read as follows: | ||
(a) Except as authorized under Subsection (b) of this | ||
section, Section 25.0815, Section 25.084, or Section 29.0821, for | ||
each school year each school district must operate for at least | ||
75,600 minutes, including time allocated for instruction, | ||
intermissions, and recesses for students. | ||
SECTION 7. Subchapter C, Chapter 25, Education Code, is | ||
amended by adding Section 25.0815 to read as follows: | ||
Sec. 25.0815. OPERATION AND INSTRUCTIONAL TIME WAIVERS FOR | ||
SCHOOL SAFETY TRAINING. (a) The commissioner shall provide a | ||
waiver allowing for fewer minutes of operation and instructional | ||
time than required under Section 25.081(a) for a school district | ||
that requires each educator employed by the district to attend an | ||
approved school safety training course. | ||
(b) A waiver under this section: | ||
(1) must allow sufficient time for the school | ||
district's educators to attend the school safety training course; | ||
and | ||
(2) may not: | ||
(A) result in an inadequate number of minutes of | ||
instructional time for students; or | ||
(B) reduce the number of minutes of operation and | ||
instructional time by more than 420 minutes. | ||
(c) To be approved under this section, a school safety | ||
training course must apply to the Texas School Safety Center. The | ||
Texas School Safety Center may approve a training course if the | ||
course satisfies the training requirements as determined by the | ||
center. | ||
(d) The commissioner may adopt rules to implement this | ||
section. | ||
SECTION 8. Section 28.002, Education Code, is amended by | ||
adding Subsection (z) to read as follows: | ||
(z) The State Board of Education by rule shall require each | ||
school district to incorporate instruction in digital citizenship | ||
into the district's curriculum, including information regarding | ||
the potential criminal consequences of cyberbullying. In this | ||
subsection: | ||
(1) "Cyberbullying" has the meaning assigned by | ||
Section 37.0832. | ||
(2) "Digital citizenship" means the standards of | ||
appropriate, responsible, and healthy online behavior, including | ||
the ability to access, analyze, evaluate, create, and act on all | ||
forms of digital communication. | ||
SECTION 9. Section 28.004, Education Code, is amended by | ||
amending Subsection (c) and adding Subsections (q) and (r) to read | ||
as follows: | ||
(c) The local school health advisory council's duties | ||
include recommending: | ||
(1) the number of hours of instruction to be provided | ||
in health education; | ||
(2) policies, procedures, strategies, and curriculum | ||
appropriate for specific grade levels designed to prevent obesity, | ||
cardiovascular disease, Type 2 diabetes, and mental health | ||
concerns, including suicide, through coordination of: | ||
(A) health education; | ||
(B) physical education and physical activity; | ||
(C) nutrition services; | ||
(D) parental involvement; | ||
(E) instruction to prevent the use of | ||
e-cigarettes, as defined by Section 161.081, Health and Safety | ||
Code, and tobacco; | ||
(F) school health services; | ||
(G) counseling and guidance services; | ||
(H) a safe and healthy school environment; and | ||
(I) school employee wellness; | ||
(3) appropriate grade levels and methods of | ||
instruction for human sexuality instruction and healthy | ||
relationships education; | ||
(4) strategies for integrating the curriculum | ||
components specified by Subdivision (2) with the following elements | ||
in a coordinated school health program for the district: | ||
(A) school health services; | ||
(B) counseling and guidance services; | ||
(C) a safe and healthy school environment; and | ||
(D) school employee wellness; [ |
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(5) if feasible, joint use agreements or strategies | ||
for collaboration between the school district and community | ||
organizations or agencies; and | ||
(6) strategies to increase parental awareness | ||
regarding: | ||
(A) risky behaviors and early warning signs of | ||
suicide risks and behavioral health concerns, including mental | ||
health disorders and substance use disorders; and | ||
(B) available community programs and services | ||
that address risky behaviors, suicide risks, and behavioral health | ||
concerns. | ||
(q) The board of trustees shall determine the specific | ||
content of the district's healthy relationships education with the | ||
advice of the local school health advisory council. The curriculum | ||
for the healthy relationships education must be age-appropriate and | ||
supported by research that is peer-reviewed, conducted in | ||
compliance with accepted scientific methods, and recognized as | ||
accurate by leading professional organizations and agencies with | ||
relevant experience. As age-appropriate, the curriculum must | ||
promote relationship, communication, and decision-making skills, | ||
including strategies to: | ||
(1) develop healthy, age-appropriate relationships; | ||
(2) develop healthy life skills, including critical | ||
thinking, problem solving, effective communication, and | ||
responsible decision making about relationships; and | ||
(3) promote effective communication between | ||
adolescents and their parents, legal guardians, or other family | ||
members about relationships. | ||
(r) In this section, "age-appropriate" means suitable to | ||
particular ages or age groups of children or adolescents, based on | ||
developing cognitive, emotional, and behavioral capacity typical | ||
for the age or age group. | ||
SECTION 10. Section 37.0812, Education Code, is amended to | ||
read as follows: | ||
Sec. 37.0812. TRAINING POLICY: SCHOOL DISTRICT PEACE | ||
OFFICERS AND SCHOOL RESOURCE OFFICERS. A school district [ |
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district peace officer or at which a school resource officer | ||
provides law enforcement shall adopt a policy requiring the officer | ||
to complete the education and training program required by Section | ||
1701.263, Occupations Code. | ||
SECTION 11. 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 | ||
prevention, 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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plan must 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, | ||
including a cellular 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) measures to ensure district communications | ||
technology and infrastructure are adequate to allow for | ||
communication during an emergency; | ||
(4) 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; | ||
(5) [ |
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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 | ||
(6) [ |
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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: | ||
(1) for a school district, the district's board of | ||
trustees and superintendent; or | ||
(2) for a public junior college district, the | ||
president of the junior college district. | ||
(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 that address physical and | ||
psychological safety 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 ensuring that students and district | ||
personnel with disabilities are provided equal access to safety | ||
during a disaster or emergency situation; | ||
(5) 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; | ||
(6) provisions for supporting the psychological | ||
safety of students, district personnel, and the community during | ||
the response and recovery phase following a disaster or emergency | ||
situation that: | ||
(A) are aligned with best practice-based | ||
programs and research-based practices recommended under Section | ||
161.325, Health and Safety Code; | ||
(B) include strategies for ensuring any required | ||
professional development training for suicide prevention and | ||
grief-informed and trauma-informed care is provided to appropriate | ||
school personnel; | ||
(C) include training on integrating | ||
psychological safety strategies into the district's plan, such as | ||
psychological first aid for schools training, from an approved list | ||
of recommended training established by the commissioner and Texas | ||
School Safety Center for: | ||
(i) members of the district's school safety | ||
and security committee under Section 37.109; | ||
(ii) district school counselors and mental | ||
health professionals; and | ||
(iii) educators and other district | ||
personnel as determined by the district; | ||
(D) include strategies and procedures for | ||
integrating and supporting physical and psychological safety that | ||
align with the provisions described by Subdivision (2); and | ||
(E) implement trauma-informed policies; | ||
(7) 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 | ||
(8) 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 12. 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 13. 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, to the greatest extent practicable, | ||
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) 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; | ||
(7) one or more designees of the district's | ||
superintendent, one of whom must be a classroom teacher in the | ||
district; | ||
(8) 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 | ||
(9) 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 14. 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 AND SAFE AND SUPPORTIVE | ||
SCHOOL PROGRAM AND TEAM. (a) In this section: | ||
(1) "Harmful, threatening, or violent behavior" | ||
includes behaviors, such as verbal threats, threats of self harm, | ||
bullying, cyberbullying, fighting, the use or possession of a | ||
weapon, sexual assault, sexual harassment, dating violence, | ||
stalking, or assault, by a student that could result in: | ||
(A) specific interventions, including mental | ||
health or behavioral supports; | ||
(B) in-school suspension; | ||
(C) out-of-school suspension; or | ||
(D) the student's expulsion or removal to a | ||
disciplinary alternative education program or a juvenile justice | ||
alternative education program. | ||
(2) "Team" means a threat assessment and safe and | ||
supportive school team established by the board of trustees of a | ||
school district under this section. | ||
(b) The agency, in coordination with the Texas School Safety | ||
Center, shall adopt rules to establish a safe and supportive school | ||
program. The rules shall incorporate research-based best practices | ||
for school safety, including providing for: | ||
(1) physical and psychological safety; | ||
(2) a multiphase and multihazard approach to | ||
prevention, mitigation, preparedness, response, and recovery in a | ||
crisis situation; | ||
(3) a systemic and coordinated multitiered support | ||
system that addresses school climate, the social and emotional | ||
domain, and behavioral and mental health; and | ||
(4) multidisciplinary and multiagency collaboration | ||
to assess risks and threats in schools and provide appropriate | ||
interventions, including rules for the establishment and operation | ||
of teams. | ||
(c) The board of trustees of each school district shall | ||
establish a threat assessment and safe and supportive school team | ||
to serve at each campus of the district and shall adopt policies and | ||
procedures for the teams. The team is responsible for developing | ||
and implementing the safe and supportive school program under | ||
Subsection (b) at the district campus served by the team. 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; | ||
(2) require each team 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 team established under this section | ||
to report the information required under Subsection (j) regarding | ||
the team's activities to the agency. | ||
(d) The superintendent of the district shall ensure that the | ||
members appointed to each team have expertise in counseling, | ||
behavior management, mental health and substance use, classroom | ||
instruction, special education, school administration, school | ||
safety and security, emergency management, and law enforcement. A | ||
team may serve more than one campus of a school district, provided | ||
that each district campus is assigned a team. | ||
(e) 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 teams established | ||
for the district. A committee with oversight responsibility under | ||
this subsection must include members with expertise in human | ||
resources, education, special education, counseling, behavior | ||
management, school administration, mental health and substance | ||
use, school safety and security, emergency management, and law | ||
enforcement. | ||
(f) Each team shall: | ||
(1) conduct a threat assessment that includes: | ||
(A) assessing and reporting individuals who make | ||
threats of violence or exhibit harmful, threatening, or violent | ||
behavior in accordance with the policies and procedures adopted | ||
under Subsection (c); and | ||
(B) gathering and analyzing data to determine the | ||
level of risk and appropriate intervention, including: | ||
(i) referring a student for mental health | ||
assessment; and | ||
(ii) implementing an escalation procedure, | ||
if appropriate based on the team's assessment, in accordance with | ||
district policy; | ||
(2) provide guidance to students and school employees | ||
on recognizing harmful, threatening, or violent behavior that may | ||
pose a threat to the community, school, or individual; and | ||
(3) support the district in implementing the | ||
district's multihazard emergency operations plan. | ||
(g) On a determination that a student or other individual | ||
poses a serious risk of violence to self or others, a 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. | ||
(h) A 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 team shall conduct a threat assessment in addition to | ||
actions taken in accordance with the district's suicide prevention | ||
program. | ||
(i) A team identifying a student using or possessing | ||
tobacco, drugs, or alcohol shall act in accordance with district | ||
policies and procedures related to substance use prevention and | ||
intervention. | ||
(j) A team must report to the agency in accordance with | ||
guidelines developed by the agency the following information | ||
regarding the team's activities and other information for each | ||
school district campus the 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 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; | ||
(4) the total number, disaggregated by student gender, | ||
race, and status as receiving special education services, being at | ||
risk of dropping out of school, being in foster care, experiencing | ||
homelessness, being a dependent of military personnel, being | ||
pregnant or a parent, having limited English proficiency, or being | ||
a migratory child, of, in connection with an assessment or reported | ||
threat by the team: | ||
(A) citations issued for Class C misdemeanor | ||
offenses; | ||
(B) arrests; | ||
(C) incidents of uses of restraint; | ||
(D) changes in school placement, including | ||
placement in a juvenile justice alternative education program or | ||
disciplinary alternative education program; | ||
(E) referrals to or changes in counseling, mental | ||
health, special education, or other services; | ||
(F) placements in in-school suspension or | ||
out-of-school suspension and incidents of expulsion; | ||
(G) unexcused absences of 15 or more days during | ||
the school year; and | ||
(H) referrals to juvenile court for truancy; and | ||
(5) the number and percentage of school personnel | ||
trained in: | ||
(A) a best-practices program or research-based | ||
practice under Section 161.325, Health and Safety Code, including | ||
the number and percentage of school personnel trained in: | ||
(i) suicide prevention; or | ||
(ii) grief and trauma-informed practices; | ||
(B) mental health or psychological first aid for | ||
schools; | ||
(C) training relating to the safe and supportive | ||
school program established under Subsection (b); or | ||
(D) any other program relating to safety | ||
identified by the commissioner. | ||
(k) The commissioner may adopt rules to implement this | ||
section. | ||
SECTION 15. 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 16. 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 VERIFICATION. (a) The center shall establish a | ||
random or need-based cycle for the center's review and verification | ||
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 regular | ||
intervals as determined by the center. | ||
(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) verify the plan meets the requirements of Section | ||
37.108; 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 review and | ||
verification. | ||
(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 verification of multihazard | ||
emergency operations plans under this section is not subject to | ||
disclosure under Chapter 552, Government Code. | ||
SECTION 17. 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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[ |
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services before adding the person to the registry [ |
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SECTION 18. 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, in coordination with the agency, | ||
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; | ||
(2) the referral of a student for a full individual and | ||
initial evaluation for special education services under Section | ||
29.004; and | ||
(3) a student or school personnel to anonymously | ||
report dangerous, violent, or unlawful activity that occurs or is | ||
threatened to occur on school property or that relates to a student | ||
or school personnel. | ||
SECTION 19. 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. A district must include the policy in the district | ||
improvement plan required under Section 11.252. | ||
(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 grief. | ||
(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 must be | ||
provided: | ||
(1) through a program selected from the list of | ||
recommended best practice-based programs and research-based | ||
practices established under Section 161.325, Health and Safety | ||
Code; | ||
(2) as part of any new employee orientation for all new | ||
school district educators; and | ||
(3) to existing school district educators on a | ||
schedule adopted by the agency by rule that requires educators to be | ||
trained at intervals necessary to keep educators informed of | ||
developments in the field. | ||
(d) For any training under Subsection (c), each school | ||
district shall maintain records that include the name of each | ||
district staff member who participated in the training. | ||
(e) Each school district shall report annually to the agency | ||
the following information for the district as a whole and for each | ||
school campus: | ||
(1) the number of teachers, principals, and counselors | ||
employed by the district who have completed training under this | ||
section; and | ||
(2) the total number of teachers, principals, and | ||
counselors employed by the district. | ||
(f) If a school district determines that the district does | ||
not have sufficient resources to provide the training required | ||
under Subsection (c), the district may partner with a community | ||
mental health organization to provide training that meets the | ||
requirements of Subsection (c) at no cost to the district. | ||
(g) The commissioner shall adopt rules as necessary to | ||
administer this section. | ||
SECTION 20. Subchapter C, Chapter 42, Education Code, is | ||
amended by adding Section 42.168 to read as follows: | ||
Sec. 42.168. SCHOOL SAFETY ALLOTMENT. (a) From funds | ||
appropriated for that purpose, the commissioner shall provide to a | ||
school district an annual allotment in the 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: | ||
(i) security cameras or other security | ||
equipment; and | ||
(ii) technology, including communications | ||
systems or devices, that facilitates communication and information | ||
sharing between students, school personnel, and first responders in | ||
an emergency; | ||
(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; | ||
(B) prevention and treatment programs relating | ||
to addressing adverse childhood experiences; and | ||
(C) the prevention, identification, and | ||
management of emergencies and threats, including: | ||
(i) providing mental health personnel and | ||
support; | ||
(ii) providing behavioral health services; | ||
and | ||
(iii) establishing threat reporting | ||
systems. | ||
(c) A school district may use funds allocated under this | ||
section for equipment or software that is used for a school safety | ||
and security purpose and an instructional purpose, provided that | ||
the instructional use does not compromise the safety and security | ||
purpose of the equipment or software. | ||
(d) 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 to receive as provided by appropriation, | ||
against the total amount required under Section 41.093 for the | ||
district to purchase attendance credits. | ||
(e) The commissioner may adopt rules to implement this | ||
section. | ||
SECTION 21. 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 22. Section 161.325(d), Health and Safety Code, is | ||
amended to read as follows: | ||
(d) A school district may develop practices and procedures | ||
concerning each area listed in Subsection (a-1), including mental | ||
health promotion and intervention, substance abuse prevention and | ||
intervention, and suicide prevention, that: | ||
(1) include a procedure for providing educational | ||
material to all parents and families in the district that contains | ||
information on identifying risk factors, accessing resources for | ||
treatment or support provided on and off campus, and accessing | ||
available student accommodations provided on campus; | ||
(2) include a procedure for providing notice of a | ||
recommendation for early mental health or substance abuse | ||
intervention regarding a student to a parent or guardian of the | ||
student within a reasonable amount of time after the identification | ||
of early warning signs as described by Subsection (b)(2); | ||
(3) [ |
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a student identified as at risk of committing suicide to a parent or | ||
guardian of the student within a reasonable amount of time after the | ||
identification of early warning signs as described by Subsection | ||
(b)(2); | ||
(4) [ |
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reporting mechanism and may designate at least one person to act as | ||
a liaison officer in the district for the purposes of identifying | ||
students in need of early mental health or substance abuse | ||
intervention or suicide prevention; and | ||
(5) [ |
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for a parent or guardian to consider when their child is identified | ||
as possibly being in need of early mental health or substance abuse | ||
intervention or suicide prevention. | ||
SECTION 23. Section 1701.263(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) The commission by rule shall require a school district | ||
peace officer or a school resource officer who is commissioned by or | ||
who provides law enforcement at a school district [ |
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education and training program described by this section before or | ||
within 180 [ |
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the district or a campus of the district. The program must: | ||
(1) consist of at least 16 hours of training; | ||
(2) be approved by the commission; and | ||
(3) provide training in accordance with the curriculum | ||
developed under Section 1701.262 in each subject area listed in | ||
Subsection (c) of that section. | ||
SECTION 24. 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 25. (a) Notwithstanding Section 1701.263(b), | ||
Occupations Code, as amended by this Act, a school district peace | ||
officer or school resource officer who commences employment with or | ||
commences providing law enforcement at a school district with an | ||
enrollment of fewer than 30,000 students on a date occurring before | ||
September 1, 2019, shall complete the training required by Section | ||
1701.263, Occupations Code, as amended by this Act, as soon as | ||
practicable and not later than August 31, 2020. This subsection | ||
does not apply to an officer who is exempt from the training | ||
established under Section 1701.263, Occupations Code, as amended by | ||
this Act, because the officer has completed the training described | ||
by Subsection (b-1) of that section. | ||
(b) Not later than October 1, 2019, a school district with | ||
an enrollment of fewer than 30,000 students shall adopt the | ||
training policy for school district peace officers and school | ||
resource officers required by Section 37.0812, Education Code, as | ||
amended by this Act. | ||
SECTION 26. (a) Except as provided by Subsection (b) of | ||
this section, Section 28.002(z), Education Code, as added by this | ||
Act, and Section 28.004, Education Code, as amended by this Act, | ||
apply beginning with the 2019-2020 school year. | ||
(b) Sections 12.104(b)(2)(T) and 28.004(q) and (r), | ||
Education Code, as added by this Act, and Section 28.004(c)(3), | ||
Education Code, as amended by this Act, apply beginning with the | ||
2020-2021 school year. | ||
SECTION 27. The Texas Education Agency and the Texas School | ||
Safety Center are required to implement a provision of this Act only | ||
if the legislature appropriates money specifically for that | ||
purpose. If the legislature does not appropriate money | ||
specifically for that purpose, the Texas Education Agency or the | ||
Texas School Safety Center may, but is not required to, implement a | ||
provision of this Act using other appropriations available for that | ||
purpose. | ||
SECTION 28. 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 29. 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, 2019. |