By: West, Blanco S.B. No. 1664     A BILL TO BE ENTITLED   AN ACT   relating to the establishment of the school safety technical   advisory committee and the school safety accountability program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 37, Education Code, is amended by adding   Subchapter H to read as follows:   SUBCHAPTER H.  SCHOOL SAFETY ACCOUNTABILITY PROGRAM          Sec. 37.251.  DEFINITIONS. In this subchapter:                (1)  "Advisory committee" means the school safety   technical advisory committee established under Section 37.252.                (2)  "Chief of school safety and security" means the   individual appointed by the governor as chief of school safety and   security for the agency.                (3)  "Law enforcement leadership officer" means:                      (A)  the chief of police of a school district   police department;                      (B)  the chief or deputy chief of police of a   municipality;                      (C)  a sheriff;                      (D)  a constable; or                      (E)  a highway patrol officer:                            (i)  designated by the public safety   director of the Department of Public Safety; and                            (ii)  who holds a rank of lieutenant or   higher.                (4)  "Program" means the school safety accountability   program established under this subchapter.                (5)  "School exterior" means the outer walls, doors,   and windows of a school district or open-enrollment charter school   facility.                (6)  "School guardian" means a person who, pursuant to   the written regulations or written authorization of a school   district or open-enrollment charter school under Section   46.03(a)(1)(A), Penal Code, is authorized to carry or possess a   specified weapon for the purpose of providing safety and security   on the physical premises of a school, any grounds or building on   which an activity sponsored by a school is being conducted, or a   passenger transportation vehicle of a school.                (7)  "School interior" means the area inside of a   school district or open-enrollment charter school facility's outer   walls, including the facility's interior doors.                (8)  "School perimeter" means the boundaries of the   real property or site on which a school district or open-enrollment   charter school campus is located.                (9)  "School safety rating" means a school safety   accountability rating assigned under Section 37.257 to a school   district or open-enrollment charter school campus based on the   campus's school safety score.                (10)  "School safety score" means the numeric school   safety score assigned to a school district or open-enrollment   charter school campus under Section 37.254.          Sec. 37.252.  SCHOOL SAFETY TECHNICAL ADVISORY COMMITTEE.   (a) The agency shall establish the school safety technical   advisory committee to advise the agency regarding the school safety   accountability program established under this subchapter. The   committee is composed of:                (1)  the following six members, with the governor, the   lieutenant governor, and the speaker of the house of   representatives each appointing two members chosen from among the   following three categories:                      (A)  public school superintendents;                      (B)  law enforcement leadership officers; and                      (C)  persons serving in a school safety leadership   capacity other than as a law enforcement leadership officer; and                (2)  four additional members appointed by the   commissioner, including, from either a school district or   open-enrollment charter school, at least one member who is a   teacher, at least one principal of an elementary school campus, and   at least one principal of a high school campus.          (b)  An individual may not be appointed under Subsection (a)   to serve on the committee as a law enforcement leadership officer   unless the individual has completed the initial training program   required by police chiefs under Section 96.641 and any continuing   education required for police chiefs under that section.          (c)  A committee member serves a two-year term and may be   reappointed.          Sec. 37.253.  ESTABLISHMENT OF PROGRAM. (a) The agency   shall establish a school safety accountability program to ensure   school district and open-enrollment charter school campuses   provide safe and secure environments.          (b)  The chief of school safety and security shall oversee   and administer the program.          (c)  The chief of school safety and security may lower a   school district's or open-enrollment charter school's school safety   score or school safety rating on a determination that the   district's or school's score as reported under Section 37.254 is   substantially inaccurate. A decision by the chief of school safety   and security under this subsection is final and not subject to   appeal.          Sec. 37.254.  SCHOOL SAFETY SCORE. (a) Not later than   January 30 of each year, the agency shall assign each school   district and open-enrollment charter school campus a school safety   score. The school safety score must be:                (1)  a number between zero and 100, with 100   representing a perfect score; and                (2)  based on an audit of campus school safety   conducted by the district or school applying the metrics of   assessment developed under Section 37.255.          (b)  Each school district and open-enrollment charter school   shall annually conduct an audit of the safety of each campus of the   district or school applying the metrics of assessment developed   under Section 37.255 to assign a school safety score to each campus.   The district or school shall submit the campus school safety score   assigned for each campus under this subsection to the agency in the   manner and form required by the commissioner.          (c)  The agency shall keep confidential each campus school   safety score assigned to a school campus under this section,   including the application of each metric to that campus used in   determining the score.          Sec. 37.255.  METRICS OF ASSESSMENT. (a) The agency, in   consultation with the advisory committee, the Texas School Safety   Center, the Advanced Law Enforcement Rapid Response Training Center   at Texas State University--San Marcos, and other appropriate   stakeholders designated by the commissioner, shall develop   criteria for metrics of assessment to be applied in calculating a   school safety score under Section 37.254 for each school district   and open-enrollment charter school campus.          (b)  Except as provided by Subsection (d), the metrics of   assessment must, with respect to each school district and   open-enrollment charter school campus:                (1)  evaluate separately each school perimeter,   exterior, and interior at the district or school; and                (2)  include metrics for evaluating:                      (A)  whether all classroom and exterior doors   lock;                      (B)  the type and location of exterior cameras   installed at the campus;                      (C)  the type and location of interior cameras   installed at the campus;                      (D)  the features of any school safety Internet   application used by the school, including if:                            (i)  a school lockdown or threat   automatically triggers the application to call or make a digital   directive announcement to the local 9-1-1 emergency call center;                            (ii)  the application integrates with   information reported through the Public Education Information   Management System (PEIMS); or                            (iii)  the application integrates with the   health information of school staff and students as necessary for   providing effective emergency medical treatment following a   disaster or emergency situation, including a staff member's or   student's blood type, medication allergies, and significant   diseases or health conditions;                      (E)  the frequency and type of active shooter and   other disaster drills;                      (F)  the security of exterior gates and fencing;                      (G)  the ease of access to the campus for an   intruder;                      (H)  safety procedures for student pick-up and   drop-off at the campus;                      (I)  the safety of campus parking lots used by   visitors and faculty;                      (J)  severe weather and disaster alerts and   preparedness;                      (K)  the availability of devices allowing for   two-way communication between campus administrators or campus   police, if applicable, and each classroom;                      (L)  the safety and storage of firearms at each   campus;                      (M)  the provision of security services at each   campus for which a school marshal is appointed or at which a school   guardian is authorized;                      (N)  for a campus at which a school resource   officer is assigned, coverage of school resource officers;                      (O)  for a campus at which peace officers   commissioned and employed by the district or school provide   services, data related to commissioned district or school peace   officers, including demographic information and information   concerning training and experience;                      (P)  information regarding the campus reported to   the agency under Section 38.0141; and                      (Q)  any other safety criteria required by the   agency.          (c)  In developing criteria for the metrics of assessment   under Subsection (a), the agency shall account for differences   among school district and open-enrollment charter school campuses,   including by differentiating how metrics evaluated under   Subsection (b)(2) are applied among campuses that:                (1)  are located in rural, urban, or suburban areas;                (2)  have older or more recently constructed   facilities; and                (3)  have or do not have student populations in which at   least 40 percent of the students are:                      (A)  educationally disadvantaged; or                      (B)  students at risk of dropping out of school,   as defined by Section 29.081(d).          (d)  In developing criteria for metrics of assessment under   Subsection (a), the agency shall prioritize harmonizing the   criteria and metrics adopted for purposes of this section with any   related school safety and security requirements adopted under S.B.   11, Acts of the 88th Legislature, Regular Session, 2023. The   commissioner may waive the requirement of applying a metric   otherwise required in conducting a school safety audit under   Subsection (b) to the extent necessary for purposes of harmonizing   school safety and security requirements applied to school districts   and open-enrollment charter schools under this code.          Sec. 37.256.  SCHOOL SAFETY MOBILE INTERNET APPLICATION   REQUIREMENTS. If a school district or open-enrollment charter   school provides a school safety mobile Internet application, the   application:                (1)  must comply with the Health Insurance Portability   and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and   the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.   Section 1232g); and                (2)  may only contain health information voluntarily   provided for integration in the application:                      (A)  for a student, by the student's parent or   guardian; or                      (B)  by an educator or other campus staff.          Sec. 37.257.  SCHOOL SAFETY RATING. (a) The agency, with   input from the advisory committee, shall adopt a method for   converting a school safety score assigned under Section 37.254 to a   school safety rating for purposes of this section.          (b)  Not later than January 30 of each year, the agency shall   assign each school district and open-enrollment charter school   campus, based on that campus's self-reported school safety score, a   preliminary school safety rating of:                (1)  meets standards; or                (2)  does not meet standards.          (c)  Not later than March 1, the agency shall assign a final   school safety rating of "meets standards" or "does not meet   standards" to each school district and open-enrollment charter   school campus, except a campus implementing a remediation plan   under a deadline established by Section 37.258(e).          Sec. 37.258.  CAMPUS REMEDIATION PLAN. (a) The principal of   a school district or open-enrollment charter school campus assigned   a preliminary school safety rating under Section 37.257 of "does   not meet standards" shall prepare a campus remediation plan.          (b)  A campus remediation plan must:                (1)  specifically address improvements to school   safety to be made at the campus prior to the beginning of the   following school year;                (2)  for a school district campus, be prepared in   coordination with the board of trustees of the district;                (3)  specify a process for implementing the plan;                (4)  be approved by the board of trustees of the school   district or the governing body of the open-enrollment charter   school in which the campus is located, as applicable; and                (5)  be submitted to the agency not later than the 45th   day after the date on which the preliminary school safety rating was   assigned.          (c)  The chief of school safety and security shall evaluate   each campus remediation plan submitted under Subsection (b). If   the chief of school safety and security determines that a plan is   sufficient, the chief of school safety and security shall revise   the school safety rating assigned to the campus to the rating of   "meets standards."          (d)  The agency shall notify the principal of the campus   whether the remediation plan is sufficient for the campus to be   assigned a revised school safety rating of "meets standards."          (e)  After a remediation plan is determined to be sufficient   under this section, the advisory committee shall establish a   deadline by which the principal of a school district or   open-enrollment charter school must submit to the board of trustees   of the district or governing board of the school, as applicable,   documentation showing that the campus has implemented the   remediation plan.          (f)  The chief of school safety and security has the sole   authority to revise a school safety rating under this section.          (g)  Except as provided by this subsection and Subsections   (h) and (i), the agency and a school district or open-enrollment   charter school required to prepare a remediation plan shall keep   that requirement, the remediation plan, and the implementation   process for the plan confidential. The district or school may   disclose information related to a remediation plan prepared under   this section only as necessary for purposes of preparing and   implementing the remediation plan and only to school personnel, who   must keep the disclosed information confidential.          (h)  Following the implementation of a remediation plan by   the deadline established under Subsection (e), a school district or   open-enrollment charter school may provide a written notice that   the district or school was required to prepare a remediation plan   under this section and has completed implementation of that plan to   district or school employees and parents of or persons standing in   parental relation to students enrolled in the district or school.          (i)  The chief of school safety and security may publicly   disclose that a school district or open-enrollment charter school   has been assigned a final school safety rating of "does not meet   standards" only if the chief determines by a preponderance of the   evidence that the district or school, after receiving a preliminary   school safety rating of "does not meet standards," is able but has   refused to prepare or implement a remediation plan adequate to   receive a revised school safety rating of "meets standards" under   this section.          Sec. 37.259.  CONFIDENTIALITY FROM PUBLIC DISCLOSURE. The   following information produced under this subchapter is   confidential and not subject to disclosure under Chapter 552,   Government Code:                (1)  a school safety score, including data collected or   an audit report prepared by or in connection with determining or   assigning the school safety score;                (2)  a preliminary school safety rating assigned under   Section 37.257; and                (3)  a campus remediation plan prepared by a school   district or open-enrollment charter school under Section 37.258.          Sec. 37.260.  RULES; DEADLINES. (a) The commissioner shall   adopt rules necessary to implement this subchapter, including rules   regarding requirements for further remediation by a school district   or open-enrollment charter school campus that submits a remediation   plan that is determined to be insufficient for purposes of Section   37.258.          (b)  The commissioner may extend or modify a timeline or   deadline established by this subchapter.          Sec. 37.261.  TEXAS SCHOOL SAFETY REPORT CARD. (a) Not   later than August 15 of each year, the agency shall publish on the   agency's Internet website the school safety report card, which   consists of a list of the most recently assigned final school safety   ratings under Section 37.257 for each school district and   open-enrollment charter school campus in the state, unless   disclosure of a campus's rating is prohibited under this   subchapter.          (b)  Each school district and open-enrollment charter school   shall annually provide either a copy of the school safety report   card or a link to the report card on the agency's Internet website   to each parent, guardian, or person standing in parental relation   to a student in the district or school.          SECTION 2.  (a) Not later than October 1, 2023, the   commissioner of education shall establish the school safety   technical advisory committee required under Section 37.252,   Education Code, as added by this Act.          (b)  Not later than January 30, 2026, the Texas Education   Agency shall assign each school district and open-enrollment   charter school campus:                (1)  a school safety score under Section 37.254,   Education Code, as added by this Act; and                (2)  a school safety rating under Section 37.257,   Education Code, as added by this Act.          SECTION 3.  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, 2023.