88R6409 ANG-D     By: Nichols S.B. No. 11       A BILL TO BE ENTITLED   AN ACT   relating to measures for ensuring safety and security in public   schools, including measures related to certain student records and   truant conduct.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 7.028(a), Education Code, is amended to   read as follows:          (a)  Except as provided by Section 21.006(k), 22.093(l),   22.096, 28.006, 29.001(5), 29.010(a), 33.006(h), 37.1083, 38.003,   or 39.003, the agency may monitor compliance with requirements   applicable to a process or program provided by a school district,   campus, program, or school granted charters under Chapter 12,   including the process described by Subchapter F, Chapter 11, or a   program described by Subchapter B, C, D, E, F, H, or I, Chapter 29,   or Subchapter A, Chapter 37, only as necessary to ensure:                (1)  compliance with federal law and regulations;                (2)  financial accountability, including compliance   with grant requirements;                (3)  data integrity for purposes of:                      (A)  the Public Education Information Management   System (PEIMS); and                      (B)  accountability under Chapters 39 and 39A; and                (4)  qualification for funding under Chapter 48.          SECTION 2.  Subchapter B, Chapter 8, Education Code, is   amended by adding Section 8.064 to read as follows:          Sec. 8.064.  SCHOOL SAFETY SUPPORT. (a) A regional   education service center shall act as a school safety resource for   school districts and open-enrollment charter schools in the region   served by the center. The center may assist a school district or   open-enrollment charter school:                (1)  in developing and implementing a multihazard   emergency operations plan under Section 37.108;                (2)  in establishing a school safety and security   committee under Section 37.109;                (3)  in conducting emergency school drills and   exercises;                (4)  in addressing deficiencies in campus security   identified by a school safety review team under Section 37.1084;   and                (5)  by providing guidance on any other matter relating   to school safety and security.          (b)  A regional education service center shall provide   assistance as necessary to the region's school safety review team   established under Section 37.1084.          SECTION 3.  Section 12.104(b), Education Code, as amended by   Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.   2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular   Session, 2021, 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;                (2)  the provisions in Chapter 554, Government Code;   and                (3)  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, except class size limits for prekindergarten   classes imposed under Section 25.112, which do not apply;                      (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)  the provisions of Subchapter A, Chapter 39;                      (M)  public school accountability and special   investigations under Subchapters A, B, C, D, F, G, and J, Chapter   39, and Chapter 39A;                      (N)  the requirement under Section 21.006 to   report an educator's misconduct;                      (O)  intensive programs of instruction under   Section 28.0213;                      (P)  the right of a school employee to report a   crime, as provided by Section 37.148;                      (Q)  bullying prevention policies and procedures   under Section 37.0832;                      (R)  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;                      (S)  the right under Section 37.0151 to report to   local law enforcement certain conduct constituting assault or   harassment;                      (T)  a parent's right to information 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);                      (U)  establishment of residency under Section   25.001;                      (V)  school safety requirements under Sections   37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.109, 37.113,   37.114, 37.1141, 37.115, 37.207, and 37.2071;                      (W)  the early childhood literacy and mathematics   proficiency plans under Section 11.185;                      (X)  the college, career, and military readiness   plans under Section 11.186; and                      (Y) [(X)]  parental options to retain a student   under Section 28.02124.          SECTION 4.  Section 25.002(a), Education Code, is amended to   read as follows:          (a)  If a parent or other person with legal control of a child   under a court order enrolls the child in a public school, the parent   or other person or the school district in which the child most   recently attended school shall furnish to the school district:                (1)  the child's birth certificate or another document   suitable as proof of the child's identity;                (2)  a copy of the child's records from the school the   child most recently attended if the child has been previously   enrolled in a school in this state or another state, including for a   child who most recently attended a public school in this state, a   copy of the child's disciplinary record and any threat assessment   involving the child's behavior conducted under Section 37.115; and                (3)  a record showing that the child has the   immunizations as required under Section 38.001, in the case of a   child required under that section to be immunized, proof as   required by that section showing that the child is not required to   be immunized, or proof that the child is entitled to provisional   admission under that section and under rules adopted under that   section.          SECTION 5.  Section 25.036, Education Code, is amended by   adding Subsection (c) to read as follows:          (c)  In the case of a transfer under this section, a child's   school district of residence shall provide the receiving district   with the child's disciplinary record and any threat assessment   involving the child's behavior conducted under Section 37.115.          SECTION 6.  Section 25.095(a), Education Code, is amended to   read as follows:          (a)  A school district or open-enrollment charter school   shall notify a student's parent in writing at the beginning of the   school year that if the student is absent from school, without   excuse under Section 25.087, on six [10] or more days or parts of   days within an eight-week [a six-month] period in the same school   year:                (1)  the student's parent is subject to prosecution   under Section 25.093; and                (2)  the student is subject to referral to a truancy   court for truant conduct under Section 65.003(a), Family Code.          SECTION 7.  Section 25.0951(a), Education Code, is amended   to read as follows:          (a)  If a student fails to attend school without excuse on   six [10] or more days or parts of days within an eight-week [a   six-month] period in the same school year, a school district shall   within 10 school days of the student's sixth [10th] absence refer   the student to a truancy court for truant conduct under Section   65.003(a), Family Code.          SECTION 8.  Section 37.108, Education Code, is amended by   amending Subsections (a), (b), and (c) and adding Subsections (a-1)   and (h) 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 in   accordance with the definitions established for those terms under   Subsection (a-1) [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]. The plan must provide for:                (1)  training in responding to an 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:                      (A)  [,] mandatory school drills and exercises,   including drills required under Section 37.114, to prepare district   students and employees for responding to an emergency; and                      (B)  measures that incorporate and address the   results of a safety and security audit conducted under Subsection   (b) and an on-site vulnerability assessment conducted by a school   safety review team under Section 37.1084;                (5)  measures to ensure coordination with the   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)  the implementation of a safety and security audit   as required by Subsection (b).          (a-1)  The Texas School Safety Center shall establish   definitions of prevention, mitigation, preparedness, response, and   recovery for purposes of a multihazard emergency operations plan   under Subsection (a):                (1)  for a plan applicable to a public junior college   district, in conjunction with the governor's office of homeland   security and the commissioner of higher education; or                (2)  for a plan applicable to a school district, in   conjunction with the governor's office of homeland security and   with the approval of the commissioner of education.          (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 in the following manner:                (1)  a school [. To the extent possible, a] district   shall:                      (A)  follow safety and security audit procedures   adopted by the commissioner in consultation with [developed by] the   Texas School Safety Center; and                      (B)  unless a district employee conducts the   audit, engage [or] a person approved by the commissioner and   included in the registry established by the Texas School Safety   Center under Section 37.2091 to conduct the audit; and                (2)  a public junior college district shall, to the   extent possible, 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.          (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. Additionally, a school district shall report   the results of the audit to the agency. The report provided to the   Texas School Safety Center and, if applicable, to the agency 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.          (h)  The commissioner, in consultation with the Texas School   Safety Center, shall adopt rules regarding requirements for school   district:                (1)  multihazard emergency operations plans; and                (2)  safety and security audits.          SECTION 9.  Subchapter D, Chapter 37, Education Code, is   amended by adding Sections 37.1083 and 37.1084 to read as follows:          Sec. 37.1083.  AGENCY MONITORING OF SCHOOL DISTRICT SAFETY   AND SECURITY REQUIREMENTS. (a) The agency shall monitor the   implementation and operation of requirements related to school   district safety and security, including school district:                (1)  multihazard emergency operations plans; and                (2)  safety and security audits.          (b)  The agency shall establish an office of school safety   and security within the agency to coordinate the agency's   monitoring of school district safety and security requirements   under this section. The director of the office is appointed by the   governor and must report directly to the commissioner.          (c)  The agency shall provide technical assistance to school   districts to support the implementation and operation of safety and   security requirements, including the preparation of multihazard   emergency operations plans and performance of safety and security   audits.          (d)  The agency may engage or require a school district to   engage a third party as necessary to enable the agency to monitor   the implementation and operation of school district safety and   security requirements under this section.          (e)  The commissioner may take appropriate action under   Chapter 39A, including the assignment of a conservator or the   appointment of a board of managers, if a school district fails to:                (1)  submit to the required monitoring under this   section;                (2)  comply with applicable safety and security   requirements; or                (3)  address in a reasonable time period, as determined   by commissioner rule, issues raised by the monitoring of the   district under this section.          (f)  The agency, or if approved by the agency, the Texas   School Safety Center, may identify, develop, and make available to   school districts information to assist districts in the   implementation and operation of safety and security requirements,   including relevant:                (1)  guidelines;                (2)  techniques;                (3)  blueprints;                (4)  best practices; and                (5)  procedures.          (g)  The agency, the Texas School Safety Center, and school   districts may share information described by Subsection (f) with   one another.          (h)  The agency may require a school district to submit   information necessary for the agency to monitor the implementation   and operation of school district safety and security requirements   under this section, including:                (1)  notice of an event requiring a district's   emergency response; and                (2)  information regarding the district's response and   use of emergency operations procedures during an event described by   Subdivision (1).          (i)  The agency may review school district records as   necessary to ensure compliance with this subchapter and Subchapter   G.          (j)  Any document or information collected, identified,   developed, or produced relating to the monitoring of school   district safety and security requirements under this section is   confidential under Sections 418.177 and 418.181, Government Code,   and not subject to disclosure under Chapter 552, Government Code.          (k)  The commissioner may adopt rules as necessary to   administer this section.          Sec. 37.1084.  REGIONAL SCHOOL SAFETY REVIEW TEAMS. (a) In   this section:                (1)  "Office" means the office of school safety and   security established under Section 37.1083.                (2)  "Team" means a school safety review team   established under this section.          (b)  The office shall establish a school safety review team   in each region served by a regional education service center. A   team shall twice annually conduct on-site vulnerability   assessments of each school district campus in the team's region. In   conducting a vulnerability assessment, a team must:                (1)  use a rubric developed by the office in   consultation with the Texas School Safety Center;                (2)  not later than the seventh day before the date of a   scheduled assessment, notify the superintendent of the school   district in which the campus being assessed is located; and                (3)  on completion of the assessment, provide to the   superintendent and school safety and security committee   established under Section 37.109 for the school district in which   the campus is located a report on the results of the assessment that   includes recommendations to address any deficiencies in campus   security identified by the team.          (c)  A regional education service center shall provide   support as necessary to assist the region's team in conducting   on-site vulnerability assessments under this section.          (d)  A report produced by a team under this section is   confidential and not subject to disclosure under Chapter 552,   Government Code.          SECTION 10.  Section 37.2071, Education Code, is amended by   amending Subsections (a), (c), and (e) and adding Subsections (b-1)   and (e-1) to read as follows:          (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:                (1)  provide for each district's plan to be reviewed at   regular intervals as determined by the center; and                (2)  if applicable to a school district's plan, be   approved by the agency.          (b-1)  The center shall share with the agency a copy of each   school district multihazard emergency operations plan submitted   under Subsection (b) and any other information requested by the   agency regarding the review of a school district's multihazard   emergency operations plan.          (c)  The center, or for a school district, the center and the   agency, 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;                      (B)  including specific recommendations to   correct the deficiencies; and                      (C) [(B)]  stating that the district must correct   the deficiencies in its plan and resubmit the revised plan to the   center.          (e)  The center, or for a school district, the center and the   agency, may approve a district multihazard emergency operations   plan that has deficiencies if the district submits a revised plan   that the center or the center and the agency, if applicable,   determines will correct the deficiencies.          (e-1)  A school district multihazard emergency operations   plan may not be verified or approved under this section without the   agency's approval.          SECTION 11.  Section 37.2091, Education Code, is amended by   adding Subsection (b-1) to read as follows:          (b-1)  The center must receive approval from the agency   before adding to the registry a person providing school safety or   security consulting services to school districts.          SECTION 12.  Section 48.115, Education Code, is amended by   amending Subsections (a) and (b) and adding Subsection (b-1) to   read as follows:          (a)  A [From funds appropriated for that purpose, the   commissioner shall provide to a] school district is entitled to an   annual allotment equal to the sum of the following amounts or a   greater [in the] amount provided by appropriation:                (1)  $10 for each student in average daily attendance,   plus $1 for each student in average daily attendance per every $50   by which the district's maximum basic allotment under Section   48.051 exceeds $6,160, prorated as necessary; and                (2)  $15,000 per campus.          (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;                (3)  school safety and security measures [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, using evidence-based,   effective prevention practices and including:                            (i)  providing licensed counselors, social   workers, and individuals trained in restorative discipline and   restorative justice practices;                            (ii)  providing mental health personnel and   support;                            (iii)  providing behavioral health   services;                            (iv)  establishing threat reporting   systems; and                            (v)  developing and implementing programs   focused on restorative justice practices, culturally relevant   instruction, and providing mental health support; and                (4)  providing programs related to suicide prevention,   intervention, and postvention.          (b-1)  The agency may designate certain technologies that a   school district, in using funds allocated under this section, may   purchase only from a vendor approved by the agency.          SECTION 13.  Section 65.003(a), Family Code, is amended to   read as follows:          (a)  A child engages in truant conduct if the child is   required to attend school under Section 25.085, Education Code, and   fails to attend school on six [10] or more days or parts of days   within an eight-week [a six-month] period in the same school year.          SECTION 14.  (a) As soon as practicable after the effective   date of this Act, the Texas Education Agency shall establish the   office of school safety and security and the governor shall appoint   the director of that office as required by Section 37.1083,   Education Code, as added by this Act.          (b)  As soon as practicable after the office of school safety   and security has been established, the office shall establish   school safety review teams in each region served by a regional   education service center as required by Section 37.1084, Education   Code, as added by this Act.          SECTION 15.  To the extent of any conflict, this Act prevails   over another Act of the 88th Legislature, Regular Session, 2023,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 16.  Sections 7.028, 25.095, and 25.0951, Education   Code, as amended by this Act, Chapter 37, Education Code, as amended   by this Act, and Section 65.003, Family Code, as amended by this   Act, apply beginning with the 2023-2024 school year.          SECTION 17.  (a) Except as provided by Subsection (b) of   this section, 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.          (b)  Section 48.115, Education Code, as amended by this Act,   takes effect September 1, 2023.