By:AATaylor, et al. S.B.ANo.

A11

A BILL TO BE ENTITLED

1 AN ACT

2 relating to policies, procedures, and measures for school safety

3 and mental health promotion in public schools.

4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

5 SECTIONA1.AASubchapter C, Chapter 7, Education Code, is

6 amended by adding Section 7.061 to read as follows:

7 Sec.A7.061.AAFACILITIES STANDARDS. (a)AAIn this section,

8 "instructional facility" has the meaning assigned by Section

9 46.001.

10 (b)AAThe commissioner shall adopt or amend rules as necessary

11 to ensure that building standards for instructional facilities and

12 other school district and open-enrollment charter school

13 facilities provide a secure and safe environment. In adopting or

14 amending rules under this section, the commissioner shall include

15 the use of best practices for:

16 (1)AAthe design and construction of new facilities; and

17 (2)AAthe improvement, renovation, and retrofitting of

18 existing facilities.

19 (c)AANot later than September 1 of each even-numbered year,

20 the commissioner shall review all rules adopted or amended under

21 this section and amend the rules as necessary to ensure that

22 building standards for school district and open-enrollment charter

23 school facilities continue to provide a secure and safe

24 environment.

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1 SECTIONA2.AASection 11.252(a), Education Code, is amended to

2 read as follows:

3 (a)AAEach school district shall have a district improvement

4 plan that is developed, evaluated, and revised annually, in

5 accordance with district policy, by the superintendent with the

6 assistance of the district-level committee established under

7 Section 11.251. The purpose of the district improvement plan is to

8 guide district and campus staff in the improvement of student

9 performance for all student groups in order to attain state

10 standards in respect to the achievement indicators adopted under

11 Section 39.053(c). The district improvement plan must include

12 provisions for:

13 (1)AAa comprehensive needs assessment addressing

14 district student performance on the achievement indicators, and

15 other appropriate measures of performance, that are disaggregated

16 by all student groups served by the district, including categories

17 of ethnicity, socioeconomic status, sex, and populations served by

18 special programs, including students in special education programs

19 under Subchapter A, Chapter 29;

20 (2)AAmeasurable district performance objectives for

21 all appropriate achievement indicators for all student

22 populations, including students in special education programs

23 under Subchapter A, Chapter 29, and other measures of student

24 performance that may be identified through the comprehensive needs

25 assessment;

26 (3)AAstrategies for improvement of student performance

27 that include:

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1 (A)AAinstructional methods for addressing the

2 needs of student groups not achieving their full potential;

3 (B)AAmethods for addressing the needs of students

4 for special programs, including:

5 (i)AAsuicide prevention programs, in

6 accordance with Subchapter O-1, Chapter 161, Health and Safety

7 Code, which includes a parental or guardian notification procedure;

8 (ii)AAconflict resolution programs;

9 (iii)AAviolence prevention programs; and

10 (iv)AAdyslexia treatment programs;

11 (C)AAdropout reduction;

12 (D)AAintegration of technology in instructional

13 and administrative programs;

14 (E)AAdiscipline management;

15 (F)AAstaff development for professional staff of

16 the district;

17 (G)AAcareer education to assist students in

18 developing the knowledge, skills, and competencies necessary for a

19 broad range of career opportunities; and

20 (H)AAaccelerated education;

21 (4)AAstrategies for providing to middle school, junior

22 high school, and high school students, those students ’ teachers and

23 school counselors, and those students ’ parents information about:

24 (A)AAhigher education admissions and financial

25 aid opportunities;

26 (B)AAthe TEXAS grant program and the Teach for

27 Texas grant program established under Chapter 56;

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1 (C)AAthe need for students to make informed

2 curriculum choices to be prepared for success beyond high school;

3 and

4 (D)AAsources of information on higher education

5 admissions and financial aid;

6 (5)AAresources needed to implement identified

7 strategies;

8 (6)AAstaff responsible for ensuring the accomplishment

9 of each strategy;

10 (7)AAtimelines for ongoing monitoring of the

11 implementation of each improvement strategy;

12 (8)AAformative evaluation criteria for determining

13 periodically whether strategies are resulting in intended

14 improvement of student performance; [and]

15 (9)AAthe policy under Section 38.0041 addressing sexual

16 abuse and other maltreatment of children; and

17 (10)AAthe trauma-informed care policy required under

18 Section 38.036.

19 SECTIONA3.AASection 12.104(b), Education Code, as amended by

20 Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts

21 of the 85th Legislature, Regular Session, 2017, is reenacted and

22 amended to read as follows:

23 (b)AAAn open-enrollment charter school is subject to:

24 (1)AAa provision of this title establishing a criminal

25 offense; and

26 (2)AAa prohibition, restriction, or requirement, as

27 applicable, imposed by this title or a rule adopted under this

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1 title, relating to:

2 (A)AAthe Public Education Information Management

3 System (PEIMS) to the extent necessary to monitor compliance with

4 this subchapter as determined by the commissioner;

5 (B)AAcriminal history records under Subchapter C,

6 Chapter 22;

7 (C)AAreading instruments and accelerated reading

8 instruction programs under Section 28.006;

9 (D)AAaccelerated instruction under Section

10 28.0211;

11 (E)AAhigh school graduation requirements under

12 Section 28.025;

13 (F)AAspecial education programs under Subchapter

14 A, Chapter 29;

15 (G)AAbilingual education under Subchapter B,

16 Chapter 29;

17 (H)AAprekindergarten programs under Subchapter E

18 or E-1, Chapter 29;

19 (I)AAextracurricular activities under Section

20 33.081;

21 (J)AAdiscipline management practices or behavior

22 management techniques under Section 37.0021;

23 (K)AAhealth and safety under Chapter 38;

24 (L)AApublic school accountability under

25 Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;

26 (M)AAthe requirement under Section 21.006 to

27 report an educator ’s misconduct;

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1 (N)AAintensive programs of instruction under

2 Section 28.0213;

3 (O)AAthe right of a school employee to report a

4 crime, as provided by Section 37.148; [and]

5 (P)AAbullying prevention policies and procedures

6 under Section 37.0832;

7 (Q)AAthe right of a school under Section 37.0052

8 to place a student who has engaged in certain bullying behavior in a

9 disciplinary alternative education program or to expel the student;

10 [and]

11 (R)AAthe right under Section 37.0151 to report to

12 local law enforcement certain conduct constituting assault or

13 harassment;

14 (S)A[(P)]AAa parent ’s right to information

15 regarding the provision of assistance for learning difficulties to

16 the parent ’s child as provided by Sections 26.004(b)(11) and

17 26.0081(c) and (d); and

18 (T)AAschool safety requirements under Sections

19 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115, 37.207,

20 and 37.2071.

21 SECTIONA4.AASections 21.054(d) and (d-2), Education Code,

22 are amended to read as follows:

23 (d)AAContinuing education requirements for a classroom

24 teacher must provide that not more than 25 percent of the training

25 required every five years include instruction regarding:

26 (1)AAcollecting and analyzing information that will

27 improve effectiveness in the classroom;

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1 (2)AArecognizing early warning indicators that a

2 student may be at risk of dropping out of school;

3 (3)AAdigital learning, digital teaching, and

4 integrating technology into classroom instruction;

5 (4)AAeducating diverse student populations, including:

6 (A)AAstudents with disabilities, including mental

7 health disorders;

8 (B)AAstudents who are educationally

9 disadvantaged;

10 (C)AAstudents of limited English proficiency; and

11 (D)AAstudents at risk of dropping out of school;

12 [and]

13 (5)AAunderstanding appropriate relationships,

14 boundaries, and communications between educators and students;

15 and[.]

16 (6)AA[(d-2) Continuing education requirements for a

17 classroom teacher may include instruction regarding] how grief and

18 trauma affect student learning and behavior and how evidence-based,

19 grief-informed, and trauma-informed strategies support the

20 academic success of students affected by grief and trauma.

21 (d-2)AAThe instruction required under Subsection (d)(6)

22 must:

23 (1)AAcomply with the training required by Section

24 38.036(c)(1); and

25 (2)AAbe approved by the commissioner.

26 SECTIONA5.AASection 25.081(a), Education Code, is amended to

27 read as follows:

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1 (a)AAExcept as authorized under Subsection (b) of this

2 section, Section 25.0815, Section 25.084, or Section 29.0821, for

3 each school year each school district must operate for at least

4 75,600 minutes, including time allocated for instruction,

5 intermissions, and recesses for students.

6 SECTIONA6.AASubchapter C, Chapter 25, Education Code, is

7 amended by adding Section 25.0815 to read as follows:

8 Sec.A25.0815.AAOPERATION AND INSTRUCTIONAL TIME WAIVERS FOR

9 SCHOOL SAFETY TRAINING. (a)AAThe commissioner shall provide a

10 waiver allowing for fewer minutes of operation and instructional

11 time than required under Section 25.081(a) for a school district

12 that requires each educator employed by the district to attend an

13 approved school safety training course.

14 (b)AAA waiver under this section:

15 (1)AAmust allow sufficient time for the school

16 district ’s educators to attend the school safety training course;

17 and

18 (2)AAmay not:

19 (A)AAresult in an inadequate number of minutes of

20 instructional time for students; or

21 (B)AAreduce the number of minutes of operation and

22 instructional time by more than 420 minutes.

23 (c)AATo be approved under this section, a school safety

24 training course must apply to the Texas School Safety Center. The

25 Texas School Safety Center may approve a training course if the

26 course satisfies the training requirements as determined by the

27 center.

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1 (d)AAThe commissioner may adopt rules to implement this

2 section.

3 SECTIONA7.AASection 28.002, Education Code, is amended by

4 adding Subsection (z) to read as follows:

5 (z)AAThe State Board of Education by rule shall require each

6 school district to incorporate instruction in digital citizenship

7 into the district ’s curriculum, including information regarding

8 the potential criminal consequences of cyberbullying. In this

9 subsection:

10 (1)AA"Cyberbullying" has the meaning assigned by

11 Section 37.0832.

12 (2)AA"Digital citizenship" means the standards of

13 appropriate, responsible, and healthy online behavior, including

14 the ability to access, analyze, evaluate, create, and act on all

15 forms of digital communication.

16 SECTIONA8.AASection 28.004(c), Education Code, is amended to

17 read as follows:

18 (c)AAThe local school health advisory council ’s duties

19 include recommending:

20 (1)AAthe number of hours of instruction to be provided

21 in health education;

22 (2)AApolicies, procedures, strategies, and curriculum

23 appropriate for specific grade levels designed to prevent obesity,

24 cardiovascular disease, Type 2 diabetes, and mental health

25 concerns, including suicide, through coordination of:

26 (A)AAhealth education;

27 (B)AAphysical education and physical activity;

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1 (C)AAnutrition services;

2 (D)AAparental involvement;

3 (E)AAinstruction to prevent the use of

4 e-cigarettes, as defined by Section 161.081, Health and Safety

5 Code, and tobacco;

6 (F)AAschool health services;

7 (G)AAcounseling and guidance services;

8 (H)AAa safe and healthy school environment; and

9 (I)AAschool employee wellness;

10 (3)AAappropriate grade levels and methods of

11 instruction for human sexuality instruction;

12 (4)AAstrategies for integrating the curriculum

13 components specified by Subdivision (2) with the following elements

14 in a coordinated school health program for the district:

15 (A)AAschool health services;

16 (B)AAcounseling and guidance services;

17 (C)AAa safe and healthy school environment; and

18 (D)AAschool employee wellness; [and]

19 (5)AAif feasible, joint use agreements or strategies

20 for collaboration between the school district and community

21 organizations or agencies; and

22 (6)AAstrategies to increase parental awareness

23 regarding:

24 (A)AArisky behaviors and early warning signs of

25 suicide risks and behavioral health concerns, including mental

26 health disorders and substance use disorders; and

27 (B)AAavailable community programs and services

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1 that address risky behaviors, suicide risks, and behavioral health

2 concerns.

3 SECTIONA9.AASection 37.108, Education Code, is amended by

4 amending Subsections (a), (b), and (c) and adding Subsection (f) to

5 read as follows:

6 (a)AAEach school district or public junior college district

7 shall adopt and implement a multihazard emergency operations plan

8 for use in the district ’s facilities. The plan must address

9 prevention, mitigation, preparedness, response, and recovery as

10 defined by the Texas School Safety Center in conjunction with the

11 governor ’s office of homeland security and the commissioner of

12 education or commissioner of higher education, as applicable [in

13 conjunction with the governor ’s office of homeland security]. The

14 plan must provide for:

15 (1)AA[district employee] training in responding to an

16 emergency for district employees, including substitute teachers;

17 (2)AAmeasures to ensure district employees, including

18 substitute teachers, have classroom access to a telephone,

19 including a cellular telephone, or another electronic

20 communication device allowing for immediate contact with district

21 emergency services or emergency services agencies, law enforcement

22 agencies, health departments, and fire departments;

23 (3)AAmeasures to ensure district communications

24 technology and infrastructure are adequate to allow for

25 communication during an emergency;

26 (4)AAif the plan applies to a school district,

27 mandatory school drills and exercises, including drills required

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1 under Section 37.114, to prepare district students and employees

2 for responding to an emergency;

3 (5)A[(3)]AAmeasures to ensure coordination with the

4 Department of State Health Services and local emergency management

5 agencies, law enforcement, health departments, and fire

6 departments in the event of an emergency; and

7 (6)A[(4)]AAthe implementation of a safety and security

8 audit as required by Subsection (b).

9 (b)AAAt least once every three years, each school district or

10 public junior college district shall conduct a safety and security

11 audit of the district ’s facilities. To the extent possible, a

12 district shall follow safety and security audit procedures

13 developed by the Texas School Safety Center or a person included in

14 the registry established by the Texas School Safety Center under

15 Section 37.2091 [comparable public or private entity].

16 (c)AAA school district or public junior college district

17 shall report the results of the safety and security audit conducted

18 under Subsection (b) to the district ’s board of trustees and, in the

19 manner required by the Texas School Safety Center, to the Texas

20 School Safety Center. The report provided to the Texas School

21 Safety Center under this subsection must be signed by:

22 (1)AAfor a school district, the district ’s board of

23 trustees and superintendent; or

24 (2)AAfor a public junior college district, the

25 president of the junior college district.

26 (f)AAA school district shall include in its multihazard

27 emergency operations plan:

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1 (1)AAa chain of command that designates the individual

2 responsible for making final decisions during a disaster or

3 emergency situation and identifies other individuals responsible

4 for making those decisions if the designated person is unavailable;

5 (2)AAprovisions that address physical and

6 psychological safety for responding to a natural disaster, active

7 shooter, and any other dangerous scenario identified for purposes

8 of this section by the agency or the Texas School Safety Center;

9 (3)AAprovisions for ensuring the safety of students in

10 portable buildings;

11 (4)AAprovisions for ensuring that students and district

12 personnel with disabilities are provided equal access to safety

13 during a disaster or emergency situation;

14 (5)AAprovisions for providing immediate notification

15 to parents, guardians, and other persons standing in parental

16 relation in circumstances involving a significant threat to the

17 health or safety of students, including identification of the

18 individual with responsibility for overseeing the notification;

19 (6)AAprovisions for supporting the psychological

20 safety of students, district personnel, and the community during

21 the response and recovery phase following a disaster or emergency

22 situation that:

23 (A)AAare aligned with best practice-based

24 programs and research-based practices recommended under Section

25 161.325, Health and Safety Code;

26 (B)AAinclude strategies for ensuring any required

27 professional development training for suicide prevention and

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1 grief-informed and trauma-informed care is provided to appropriate

2 school personnel;

3 (C)AAinclude training on integrating

4 psychological safety strategies into the district ’s plan, such as

5 psychological first aid for schools training, from an approved list

6 of recommended training established by the commissioner and Texas

7 School Safety Center for:

8 (i)AAmembers of the district ’s school safety

9 and security committee under Section 37.109;

10 (ii)AAdistrict school counselors and mental

11 health professionals; and

12 (iii)AAeducators and other district

13 personnel as determined by the district;

14 (D)AAinclude strategies and procedures for

15 integrating and supporting physical and psychological safety that

16 align with the provisions described by Subdivision (2); and

17 (E)AAimplement trauma-informed policies;

18 (7)AAa policy for providing a substitute teacher access

19 to school campus buildings and materials necessary for the

20 substitute teacher to carry out the duties of a district employee

21 during an emergency or a mandatory emergency drill; and

22 (8)AAthe name of each individual on the district ’s

23 school safety and security committee established under Section

24 37.109 and the date of each committee meeting during the preceding

25 year.

26 SECTIONA10.AASubchapter D, Chapter 37, Education Code, is

27 amended by adding Sections 37.1081 and 37.1082 to read as follows:

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1 Sec.A37.1081.AAPUBLIC HEARING ON MULTIHAZARD EMERGENCY

2 OPERATIONS PLAN NONCOMPLIANCE. (a)AAIf the board of trustees of a

3 school district receives notice of noncompliance under Section

4 37.207(e) or 37.2071(g), the board shall hold a public hearing to

5 notify the public of:

6 (1)AAthe district ’s failure to:

7 (A)AAsubmit or correct deficiencies in a

8 multihazard emergency operations plan; or

9 (B)AAreport the results of a safety and security

10 audit to the Texas School Safety Center as required by law;

11 (2)AAthe dates during which the district has not been in

12 compliance; and

13 (3)AAthe names of each member of the board of trustees

14 and the superintendent serving in that capacity during the dates

15 the district was not in compliance.

16 (b)AAThe school district shall provide the information

17 required under Subsection (a)(3) in writing to each person in

18 attendance at the hearing.

19 (c)AAThe board shall give members of the public a reasonable

20 opportunity to appear before the board and to speak on the issue of

21 the district ’s failure to submit or correct deficiencies in a

22 multihazard emergency operations plan or report the results of a

23 safety and security audit during a hearing held under this section.

24 (d)AAA school district required to hold a public hearing

25 under Subsection (a) shall provide written confirmation to the

26 Texas School Safety Center that the district held the hearing.

27 Sec.A37.1082.AAMULTIHAZARD EMERGENCY OPERATIONS PLAN

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1 NONCOMPLIANCE; APPOINTMENT OF CONSERVATOR OR BOARD OF MANAGERS.

2 (a)AAIf the agency receives notice from the Texas School Safety

3 Center of a school district ’s failure to submit a multihazard

4 emergency operations plan, the commissioner may appoint a

5 conservator for the district under Chapter 39A. The conservator

6 may order the district to adopt, implement, and submit a

7 multihazard emergency operations plan.

8 (b)AAIf a district fails to comply with a conservator ’s order

9 to adopt, implement, and submit a multihazard emergency operations

10 plan within the time frame imposed by the commissioner, the

11 commissioner may appoint a board of managers under Chapter 39A to

12 oversee the operations of the district.

13 (c)AAThe commissioner may adopt rules as necessary to

14 administer this section.

15 SECTIONA11.AASection 37.109, Education Code, is amended by

16 adding Subsections (a-1), (c), and (d) and amending Subsection (b)

17 to read as follows:

18 (a-1)AAThe committee, to the greatest extent practicable,

19 must include:

20 (1)AAone or more representatives of an office of

21 emergency management of a county or city in which the district is

22 located;

23 (2)AAone or more representatives of the local police

24 department or sheriff ’s office;

25 (3)AAone or more representatives of the district ’s

26 police department, if applicable;

27 (4)AAthe president of the district ’s board of trustees;

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1 (5)AAa member of the district ’s board of trustees other

2 than the president;

3 (6)AAthe district ’s superintendent;

4 (7)AAone or more designees of the district ’s

5 superintendent, one of whom must be a classroom teacher in the

6 district;

7 (8)AAif the district partners with an open-enrollment

8 charter school to provide instruction to students, a member of the

9 open-enrollment charter school ’s governing body or a designee of

10 the governing body; and

11 (9)AAtwo parents or guardians of students enrolled in

12 the district.

13 (b)AAThe committee shall:

14 (1)AAparticipate on behalf of the district in

15 developing and implementing emergency plans consistent with the

16 district multihazard emergency operations plan required by Section

17 37.108(a) to ensure that the plans reflect specific campus,

18 facility, or support services needs;

19 (2)AAperiodically provide recommendations to the

20 district ’s board of trustees and district administrators regarding

21 updating the district multihazard emergency operations plan

22 required by Section 37.108(a) in accordance with best practices

23 identified by the agency, the Texas School Safety Center, or a

24 person included in the registry established by the Texas School

25 Safety Center under Section 37.2091;

26 (3)AAprovide the district with any campus, facility, or

27 support services information required in connection with a safety

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1 and security audit required by Section 37.108(b), a safety and

2 security audit report required by Section 37.108(c), or another

3 report required to be submitted by the district to the Texas School

4 Safety Center; [and]

5 (4)A[(3)]AAreview each report required to be submitted

6 by the district to the Texas School Safety Center to ensure that the

7 report contains accurate and complete information regarding each

8 campus, facility, or support service in accordance with criteria

9 established by the center; and

10 (5)AAconsult with local law enforcement agencies on

11 methods to increase law enforcement presence near district

12 campuses.

13 (c)AAExcept as otherwise provided by this subsection, the

14 committee shall meet at least once during each academic semester

15 and at least once during the summer. A committee established by a

16 school district that operates schools on a year-round system or in

17 accordance with another alternative schedule shall meet at least

18 three times during each calendar year, with an interval of at least

19 two months between each meeting.

20 (d)AAThe committee is subject to Chapter 551, Government

21 Code, and may meet in executive session as provided by that chapter.

22 Notice of a committee meeting must be posted in the same manner as

23 notice of a meeting of the district ’s board of trustees.

24 SECTIONA12.AASubchapter D, Chapter 37, Education Code, is

25 amended by adding Sections 37.113, 37.114, and 37.115 to read as

26 follows:

27 Sec.A37.113.AANOTIFICATION REGARDING BOMB THREAT OR

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1 TERRORISTIC THREAT. A school district that receives a bomb threat

2 or terroristic threat relating to a campus or other district

3 facility at which students are present shall provide notification

4 of the threat as soon as possible to the parent or guardian of or

5 other person standing in parental relation to each student who is

6 assigned to the campus or who regularly uses the facility, as

7 applicable.

8 Sec.A37.114.AAEMERGENCY EVACUATIONS; MANDATORY SCHOOL

9 DRILLS. The commissioner, in consultation with the Texas School

10 Safety Center and the state fire marshal, shall adopt rules:

11 (1)AAproviding procedures for evacuating and securing

12 school property during an emergency; and

13 (2)AAdesignating the number of mandatory school drills

14 to be conducted each semester of the school year, not to exceed

15 eight drills, including designating the number of:

16 (A)AAevacuation fire exit drills; and

17 (B)AAlockdown, lockout, shelter-in-place, and

18 evacuation drills.

19 Sec.A37.115.AATHREAT ASSESSMENT AND SAFE AND SUPPORTIVE

20 SCHOOL PROGRAM AND TEAM. (a)AAIn this section:

21 (1)AA"Harmful, threatening, or violent behavior"

22 includes behaviors, such as verbal threats, threats of self harm,

23 bullying, cyberbullying, fighting, the use or possession of a

24 weapon, sexual assault, sexual harassment, dating violence,

25 stalking, or assault, by a student that could result in:

26 (A)AAspecific interventions, including mental

27 health or behavioral supports;

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1 (B)AAin-school suspension;

2 (C)AAout-of-school suspension; or

3 (D)AAthe student ’s expulsion or removal to a

4 disciplinary alternative education program or a juvenile justice

5 alternative education program.

6 (2)AA"Team" means a threat assessment and safe and

7 supportive school team established by the board of trustees of a

8 school district under this section.

9 (b)AAThe agency, in coordination with the Texas School Safety

10 Center, shall adopt rules to establish a safe and supportive school

11 program. The rules shall incorporate research-based best practices

12 for school safety, including providing for:

13 (1)AAphysical and psychological safety;

14 (2)AAa multiphase and multihazard approach to

15 prevention, mitigation, preparedness, response, and recovery in a

16 crisis situation;

17 (3)AAa systemic and coordinated multitiered support

18 system that addresses school climate, the social and emotional

19 domain, and behavioral and mental health; and

20 (4)AAmultidisciplinary and multiagency collaboration

21 to assess risks and threats in schools and provide appropriate

22 interventions, including rules for the establishment and operation

23 of teams.

24 (c)AAThe board of trustees of each school district shall

25 establish a threat assessment and safe and supportive school team

26 to serve at each campus of the district and shall adopt policies and

27 procedures for the teams. The team is responsible for developing

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1 and implementing the safe and supportive school program under

2 Subsection (b) at the district campus served by the team. The

3 policies and procedures adopted under this section must:

4 (1)AAbe consistent with the model policies and

5 procedures developed by the Texas School Safety Center;

6 (2)AArequire each team to complete training provided by

7 the Texas School Safety Center or a regional education service

8 center regarding evidence-based threat assessment programs; and

9 (3)AArequire each team established under this section

10 to report the information required under Subsection (j) regarding

11 the team ’s activities to the agency.

12 (d)AAThe superintendent of the district shall ensure that the

13 members appointed to each team have expertise in counseling,

14 behavior management, mental health and substance use, classroom

15 instruction, special education, school administration, school

16 safety and security, emergency management, and law enforcement. A

17 team may serve more than one campus of a school district, provided

18 that each district campus is assigned a team.

19 (e)AAThe superintendent of a school district may establish a

20 committee, or assign to an existing committee established by the

21 district, the duty to oversee the operations of teams established

22 for the district. A committee with oversight responsibility under

23 this subsection must include members with expertise in human

24 resources, education, special education, counseling, behavior

25 management, school administration, mental health and substance

26 use, school safety and security, emergency management, and law

27 enforcement.

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1 (f)AAEach team shall:

2 (1)AAconduct a threat assessment that includes:

3 (A)AAassessing and reporting individuals who make

4 threats of violence or exhibit harmful, threatening, or violent

5 behavior in accordance with the policies and procedures adopted

6 under Subsection (c); and

7 (B)AAgathering and analyzing data to determine the

8 level of risk and appropriate intervention, including:

9 (i)AAreferring a student for mental health

10 assessment; and

11 (ii)AAimplementing an escalation procedure,

12 if appropriate based on the team ’s assessment, in accordance with

13 district policy;

14 (2)AAprovide guidance to students and school employees

15 on recognizing harmful, threatening, or violent behavior that may

16 pose a threat to the community, school, or individual; and

17 (3)AAsupport the district in implementing the

18 district ’s multihazard emergency operations plan.

19 (g)AAOn a determination that a student or other individual

20 poses a serious risk of violence to self or others, a team shall

21 immediately report the team ’s determination to the superintendent.

22 If the individual is a student, the superintendent shall

23 immediately attempt to inform the parent or person standing in

24 parental relation to the student. The requirements of this

25 subsection do not prevent an employee of the school from acting

26 immediately to prevent an imminent threat or respond to an

27 emergency.

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1 (h)AAA team identifying a student at risk of suicide shall

2 act in accordance with the district ’s suicide prevention program.

3 If the student at risk of suicide also makes a threat of violence to

4 others, the team shall conduct a threat assessment in addition to

5 actions taken in accordance with the district ’s suicide prevention

6 program.

7 (i)AAA team identifying a student using or possessing

8 tobacco, drugs, or alcohol shall act in accordance with district

9 policies and procedures related to substance use prevention and

10 intervention.

11 (j)AAA team must report to the agency in accordance with

12 guidelines developed by the agency the following information

13 regarding the team ’s activities and other information for each

14 school district campus the team serves:

15 (1)AAthe occupation of each person appointed to the

16 team;

17 (2)AAthe number of threats and a description of the type

18 of the threats reported to the team;

19 (3)AAthe outcome of each assessment made by the team,

20 including:

21 (A)AAany disciplinary action taken, including a

22 change in school placement;

23 (B)AAany action taken by law enforcement; or

24 (C)AAa referral to or change in counseling, mental

25 health, special education, or other services;

26 (4)AAthe total number, disaggregated by student gender,

27 race, and status as receiving special education services, being at

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1 risk of dropping out of school, being in foster care, experiencing

2 homelessness, being a dependent of military personnel, being

3 pregnant or a parent, having limited English proficiency, or being

4 a migratory child, of, in connection with an assessment or reported

5 threat by the team:

6 (A)AAcitations issued for Class C misdemeanor

7 offenses;

8 (B)AAarrests;

9 (C)AAincidents of uses of restraint;

10 (D)AAchanges in school placement, including

11 placement in a juvenile justice alternative education program or

12 disciplinary alternative education program;

13 (E)AAreferrals to or changes in counseling, mental

14 health, special education, or other services;

15 (F)AAplacements in in-school suspension or

16 out-of-school suspension and incidents of expulsion;

17 (G)AAunexcused absences of 15 or more days during

18 the school year; and

19 (H)AAreferrals to juvenile court for truancy; and

20 (5)AAthe number and percentage of school personnel

21 trained in:

22 (A)AAa best-practices program or research-based

23 practice under Section 161.325, Health and Safety Code, including

24 the number and percentage of school personnel trained in:

25 (i)AAsuicide prevention; or

26 (ii)AAgrief and trauma-informed practices;

27 (B)AAmental health or psychological first aid for

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1 schools;

2 (C)AAtraining relating to the safe and supportive

3 school program established under Subsection (b); or

4 (D)AAany other program relating to safety

5 identified by the commissioner.

6 (k)AAThe commissioner may adopt rules to implement this

7 section.

8 SECTIONA13.AASection 37.207, Education Code, is amended by

9 adding Subsections (c), (d), and (e) to read as follows:

10 (c)AAIn addition to a review of a district ’s multihazard

11 emergency operations plan under Section 37.2071, the center may

12 require a district to submit its plan for immediate review if the

13 district ’s audit results indicate that the district is not

14 complying with applicable standards.

15 (d)AAIf a district fails to report the results of its audit as

16 required under Subsection (b), the center shall provide the

17 district with written notice that the district has failed to report

18 its audit results and must immediately report the results to the

19 center.

20 (e)AAIf six months after the date of the initial notification

21 required by Subsection (d) the district has still not reported the

22 results of its audit to the center, the center shall notify the

23 agency and the district of the district ’s requirement to conduct a

24 public hearing under Section 37.1081. This subsection applies only

25 to a school district.

26 SECTIONA14.AASubchapter G, Chapter 37, Education Code, is

27 amended by adding Section 37.2071 to read as follows:

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1 Sec.A37.2071.AADISTRICT MULTIHAZARD EMERGENCY OPERATIONS

2 PLAN REVIEW AND VERIFICATION. (a)AAThe center shall establish a

3 random or need-based cycle for the center ’s review and verification

4 of school district and public junior college district multihazard

5 emergency operations plans adopted under Section 37.108. The cycle

6 must provide for each district ’s plan to be reviewed at regular

7 intervals as determined by the center.

8 (b)AAA school district or public junior college district

9 shall submit its multihazard emergency operations plan to the

10 center on request of the center and in accordance with the center ’s

11 review cycle developed under Subsection (a).

12 (c)AAThe center shall review each district ’s multihazard

13 emergency operations plan submitted under Subsection (b) and:

14 (1)AAverify the plan meets the requirements of Section

15 37.108; or

16 (2)AAprovide the district with written notice:

17 (A)AAdescribing the plan ’s deficiencies; and

18 (B)AAstating that the district must correct the

19 deficiencies in its plan and resubmit the revised plan to the

20 center.

21 (d)AAIf a district fails to submit its multihazard emergency

22 operations plan to the center for review, the center shall provide

23 the district with written notice stating that the district:

24 (1)AAhas failed to submit a plan; and

25 (2)AAmust submit a plan to the center for review and

26 verification.

27 (e)AAThe center may approve a district multihazard emergency

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1 operations plan that has deficiencies if the district submits a

2 revised plan that the center determines will correct the

3 deficiencies.

4 (f)AAIf three months after the date of initial notification

5 of a plan ’s deficiencies under Subsection (c)(2) or failure to

6 submit a plan under Subsection (d) a district has not corrected the

7 plan deficiencies or has failed to submit a plan, the center shall

8 provide written notice to the district and agency that the district

9 has not complied with the requirements of this section and must

10 comply immediately.

11 (g)AAIf a school district still has not corrected the plan

12 deficiencies or has failed to submit a plan six months after the

13 date of initial notification under Subsection (c)(2) or (d), the

14 center shall provide written notice to the school district stating

15 that the district must hold a public hearing under Section 37.1081.

16 (h)AAIf a school district has failed to submit a plan, the

17 notice required by Subsection (g) must state that the commissioner

18 is authorized to appoint a conservator under Section 37.1082.

19 (i)AAAny document or information collected, developed, or

20 produced during the review and verification of multihazard

21 emergency operations plans under this section is not subject to

22 disclosure under Chapter 552, Government Code.

23 SECTIONA15.AASection 37.2091(d), Education Code, is amended

24 to read as follows:

25 (d)AAThe center shall verify the information provided by a

26 person under Subsection (c) to confirm [registry is intended to

27 serve only as an informational resource for school districts and

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1 institutions of higher education. The inclusion of a person in the

2 registry is not an indication of] the person ’s qualifications and

3 [or] ability to provide school safety or security consulting

4 services before adding the person to the registry [or that the

5 center endorses the person ’s school safety or security consulting

6 services].

7 SECTIONA16.AASubchapter G, Chapter 37, Education Code, is

8 amended by adding Section 37.220 to read as follows:

9 Sec.A37.220.AAMODEL THREAT ASSESSMENT TEAM POLICIES AND

10 PROCEDURES. (a)AAThe center, in coordination with the agency,

11 shall develop model policies and procedures to assist school

12 districts in establishing and training threat assessment teams.

13 (b)AAThe model policies and procedures developed under

14 Subsection (a) must include procedures, when appropriate, for:

15 (1)AAthe referral of a student to a local mental health

16 authority or health care provider for evaluation or treatment;

17 (2)AAthe referral of a student for a full individual and

18 initial evaluation for special education services under Section

19 29.004; and

20 (3)AAa student or school personnel to anonymously

21 report dangerous, violent, or unlawful activity that occurs or is

22 threatened to occur on school property or that relates to a student

23 or school personnel.

24 SECTIONA17.AASubchapter A, Chapter 38, Education Code, is

25 amended by adding Section 38.036 to read as follows:

26 Sec.A38.036.AATRAUMA-INFORMED CARE POLICY. (a)AAEach school

27 district shall adopt and implement a policy requiring the

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1 integration of trauma-informed practices in each school

2 environment. A district must include the policy in the district

3 improvement plan required under Section 11.252.

4 (b)AAA policy required by this section must address:

5 (1)AAusing resources developed by the agency, methods

6 for:

7 (A)AAincreasing staff and parent awareness of

8 trauma-informed care; and

9 (B)AAimplementation of trauma-informed practices

10 and care by district and campus staff; and

11 (2)AAavailable counseling options for students

12 affected by trauma or grief.

13 (c)AAThe methods under Subsection (b)(1) for increasing

14 awareness and implementation of trauma-informed care must include

15 training as provided by this subsection. The training must be

16 provided:

17 (1)AAthrough a program selected from the list of

18 recommended best practice-based programs and research-based

19 practices established under Section 161.325, Health and Safety

20 Code;

21 (2)AAas part of any new employee orientation for all new

22 school district educators; and

23 (3)AAto existing school district educators on a

24 schedule adopted by the agency by rule that requires educators to be

25 trained at intervals necessary to keep educators informed of

26 developments in the field.

27 (d)AAFor any training under Subsection (c), each school

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1 district shall maintain records that include the name of each

2 district staff member who participated in the training.

3 (e)AAEach school district shall report annually to the Texas

4 Education Agency the following information for the district as a

5 whole and for each school campus:

6 (1)AAthe number of teachers, principals, and counselors

7 employed by the district who have completed training under this

8 section; and

9 (2)AAthe total number of teachers, principals, and

10 counselors employed by the district.

11 (f)AAIf a school district determines that the district does

12 not have sufficient resources to provide the training required

13 under Subsection (c), the district may partner with a community

14 mental health organization to provide training that meets the

15 requirements of Subsection (c) at no cost to the district.

16 (g)AAThe commissioner shall adopt rules as necessary to

17 administer this section.

18 SECTIONA18.AASection 45.001(a), Education Code, is amended

19 to read as follows:

20 (a)AAThe governing board of an independent school district,

21 including the city council or commission that has jurisdiction over

22 a municipally controlled independent school district, the

23 governing board of a rural high school district, and the

24 commissioners court of a county, on behalf of each common school

25 district under its jurisdiction, may:

26 (1)AAissue bonds for:

27 (A)AAthe construction, acquisition, and equipment

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1 of school buildings in the district;

2 (B)AAthe acquisition of property or the

3 refinancing of property financed under a contract entered under

4 Subchapter A, Chapter 271, Local Government Code, regardless of

5 whether payment obligations under the contract are due in the

6 current year or a future year;

7 (C)AAthe purchase of the necessary sites for

8 school buildings; [and]

9 (D)AAthe purchase of new school buses;

10 (E)AAthe retrofitting of school buses with

11 emergency, safety, or security equipment; and

12 (F)AAthe purchase or retrofitting of vehicles to

13 be used for emergency, safety, or security purposes; and

14 (2)AA[may] levy, pledge, assess, and collect annual ad

15 valorem taxes sufficient to pay the principal of and interest on the

16 bonds as or before the principal and interest become due, subject to

17 Section 45.003.

18 SECTIONA19.AAChapter 61, Education Code, is amended by

19 adding Subchapter LL to read as follows:

20 SUBCHAPTER LL. REPAYMENT OF CERTAIN SCHOOL COUNSELOR EDUCATION

21 LOANS

22 Sec.A61.9851.AALOAN REPAYMENT ASSISTANCE AUTHORIZED. The

23 board shall provide, in accordance with this subchapter and board

24 rules, assistance in the repayment of eligible student loans for

25 eligible school counselors who apply and qualify for the

26 assistance.

27 Sec.A61.9852.AAELIGIBILITY. To be eligible to receive loan

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1 repayment assistance under this subchapter, a school counselor

2 must:

3 (1)AAapply annually for the repayment assistance in a

4 manner prescribed by the board;

5 (2)AAbe a United States citizen or permanent resident

6 alien;

7 (3)AAhave earned at least a master ’s degree related to

8 counseling from any public or accredited private institution of

9 higher education;

10 (4)AAbe:

11 (A)AAcertified as a school counselor under

12 Subchapter B, Chapter 21; or

13 (B)AAlicensed as a specialist in school psychology

14 under Section 501.260, Occupations Code; and

15 (5)AAhave completed one, two, three, four, or five

16 years of consecutive employment by a school district or

17 open-enrollment charter school in this state:

18 (A)AAall or part of which is located in a federally

19 designated mental health care health professional shortage area; or

20 (B)AAat a school that receives federal funding

21 under Title I, Elementary and Secondary Education Act of 1965 (20

22 U.S.C. Section 6301 et seq.).

23 Sec.A61.9853.AALIMITATIONS. A school counselor may receive

24 loan repayment assistance under this subchapter for not more than

25 five years.

26 Sec.A61.9854.AAELIGIBLE LOANS. (a)AAThe board may provide

27 loan repayment assistance under this subchapter for the repayment

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1 of any student loan for education at an institution of higher

2 education, a private or independent institution of higher

3 education, or a public or private out-of-state institution of

4 higher education accredited by a recognized accrediting agency,

5 including loans for undergraduate education, received by an

6 eligible person through any lender.

7 (b)AAThe board may not provide repayment assistance for a

8 student loan that is in default at the time of the person ’s

9 application.

10 (c)AAIn each state fiscal biennium, the board shall attempt

11 to allocate all funds appropriated to the board for the purpose of

12 providing loan repayment assistance under this subchapter.

13 Sec.A61.9855.AAREPAYMENT. (a)AAThe board shall deliver any

14 repayment under this subchapter in a lump sum payable:

15 (1)AAto both the lender or other holder of the loan and

16 the school counselor; or

17 (2)AAdirectly to the lender or other holder of the loan

18 on the school counselor ’s behalf.

19 (b)AAA repayment under this subchapter may be applied to any

20 amount due in connection with the loan.

21 Sec.A61.9856.AAAMOUNT OF REPAYMENT ASSISTANCE. (a)AAA

22 school counselor may receive loan repayment assistance under this

23 subchapter for each year the school counselor establishes

24 eligibility for the assistance in an amount determined by applying

25 the following applicable percentage to the maximum total amount of

26 assistance allowed for the school counselor under Subsection (b):

27 (1)AAfor the first year, 10 percent;

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1 (2)AAfor the second year, 15 percent;

2 (3)AAfor the third year, 20 percent;

3 (4)AAfor the fourth year, 25 percent; and

4 (5)AAfor the fifth year, 30 percent.

5 (b)AAThe total amount of repayment assistance received by a

6 school counselor under this subchapter may not exceed:

7 (1)AA$80,000, for assistance received by a school

8 counselor who holds a doctoral degree related to counseling; and

9 (2)AA$40,000, for assistance received by a school

10 counselor who holds a master ’s degree related to counseling.

11 (c)AAThe total amount of loan repayment assistance provided

12 under this subchapter may not exceed the sum of:

13 (1)AAthe total amount of gifts and grants accepted by

14 the board for the repayment assistance;

15 (2)AAlegislative appropriations for the repayment

16 assistance; and

17 (3)AAother funds available to the board for the

18 repayment assistance.

19 (d)AAThe board may adjust in an equitable manner the

20 distribution amounts that school counselors would otherwise

21 receive under Subsection (a) for a year as necessary to comply with

22 Subsection (c).

23 Sec.A61.9857.AARULES; ADMINISTRATION. (a)AAThe board shall

24 adopt rules necessary to administer this subchapter.

25 (b)AAThe board shall distribute to each institution of higher

26 education or private or independent institution of higher education

27 and to any appropriate state agency and professional association

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1 copies of the rules adopted under this section and other pertinent

2 information relating to this subchapter.

3 (c)AAThe board shall administer the program under this

4 subchapter in a manner that maximizes any matching funds available

5 through other sources.

6 Sec.A61.9858.AASOLICITATION AND ACCEPTANCE OF FUNDS. The

7 board may solicit and accept gifts and grants from any public or

8 private source for the purposes of this subchapter.

9 SECTIONA20.AASection 161.325(d), Health and Safety Code, is

10 amended to read as follows:

11 (d)AAA school district may develop practices and procedures

12 concerning each area listed in Subsection (a-1), including mental

13 health promotion and intervention, substance abuse prevention and

14 intervention, and suicide prevention, that:

15 (1)AAinclude a procedure for providing educational

16 material to all parents and families in the district that contains

17 information on identifying risk factors, accessing resources for

18 treatment or support provided on and off campus, and accessing

19 available student accommodations provided on campus;

20 (2)AAinclude a procedure for providing notice of a

21 recommendation for early mental health or substance abuse

22 intervention regarding a student to a parent or guardian of the

23 student within a reasonable amount of time after the identification

24 of early warning signs as described by Subsection (b)(2);

25 (3)A[(2)]AAinclude a procedure for providing notice of

26 a student identified as at risk of committing suicide to a parent or

27 guardian of the student within a reasonable amount of time after the

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1 identification of early warning signs as described by Subsection

2 (b)(2);

3 (4)A[(3)]AAestablish that the district may develop a

4 reporting mechanism and may designate at least one person to act as

5 a liaison officer in the district for the purposes of identifying

6 students in need of early mental health or substance abuse

7 intervention or suicide prevention; and

8 (5)A[(4)]AAset out available counseling alternatives

9 for a parent or guardian to consider when their child is identified

10 as possibly being in need of early mental health or substance abuse

11 intervention or suicide prevention.

12 SECTIONA21.AAFrom funds appropriated for that purpose, the

13 commissioner of education shall establish and administer a grant

14 program to award grants to local education agencies to improve and

15 maintain student and school safety.

16 SECTIONA22.AANot later than January 1, 2020:

17 (1)AAthe Texas School Safety Center shall:

18 (A)AAdevelop a list of best practices for ensuring

19 the safety of public school students receiving instruction in

20 portable buildings; and

21 (B)AAprovide information regarding the list of

22 best practices to school districts using portable buildings for

23 student instruction;

24 (2)AAthe commissioner of education shall adopt or amend

25 rules as required by Section 7.061, Education Code, as added by this

26 Act; and

27 (3)AAthe commissioner of education, in consultation

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1 with the Texas School Safety Center and the state fire marshal,

2 shall adopt rules as required by Section 37.114, Education Code, as

3 added by this Act.

4 SECTIONA23.AASection 28.002(z), Education Code, as added by

5 this Act, applies beginning with the 2019-2020 school year.

6 SECTIONA24.AASection 28.004, Education Code, as amended by

7 this Act, applies beginning with the 2019-2020 school year.

8 SECTIONA25.AAThe Texas Education Agency and the Texas School

9 Safety Center are required to implement a provision of this Act only

10 if the legislature appropriates money specifically for that

11 purpose. If the legislature does not appropriate money

12 specifically for that purpose, the Texas Education Agency or the

13 Texas School Safety Center may, but is not required to, implement a

14 provision of this Act using other appropriations available for that

15 purpose.

16 SECTIONA26.AATo the extent of any conflict, this Act prevails

17 over another Act of the 86th Legislature, Regular Session, 2019,

18 relating to nonsubstantive additions to and corrections in enacted

19 codes.

20 SECTIONA27.AAThis Act takes effect immediately if it

21 receives a vote of two-thirds of all the members elected to each

22 house, as provided by Section 39, Article III, Texas Constitution.

23 If this Act does not receive the vote necessary for immediate

24 effect, this Act takes effect September 1, 2019.

37