BILL ANALYSIS
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Senate Research Center |
H.B. 195 |
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88R19700 MEW-D |
By: Gonz�lez, Mary; VanDeaver (Zaffirini) |
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Education |
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5/9/2023 |
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Engrossed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In certain instances, school campus emergency plans may not adequately address the distinct needs of students with disabilities. H.B. 195 would require school districts to include the necessary accommodations for students with disabilities during a disaster or emergency situation in their individualized education programs or Section 504 plans. What's more, H.B. 195 would mandate the Texas Education Agency to establish related guidelines for public schools and open-enrollment charter schools' emergency operations plans. Accordingly, this bill would safeguard the safety and well-being of students with disabilities in emergency situations.
H.B. 195 amends current law relating to provisions and plans by public schools to ensure the safety of individuals with disabilities or impairments during a mandatory school drill or a disaster or emergency situation.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Reenacts 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, and amends it, as follows:
(b) Provides that an open-enrollment charter school is subject to certain statutes, including a prohibition, restriction, or requirement, as applicable, imposed by Title 2 (Public Education) or a rule adopted under this title, relating to school safety requirements under Section 37.1083. Makes a nonsubstantive change.
SECTION 2. Amends Subchapter A, Chapter 29, Education Code, by adding Section 29.0053, as follows:
Sec. 29.0053. INCLUSION OF ACCOMMODATIONS DURING MANDATORY SCHOOL DRILLS IN INDIVIDUALIZED EDUCATION PROGRAM OR SECTION 504 PLAN. (a) Defines "committee," "Section 504 plan," and "team."
(b) Requires a student's committee or team, as applicable, in developing or modifying an individualized education program or a Section 504 plan for the student, to consider whether the student's disabilities or impairments would require the school district to provide any specific accommodations for the student during a mandatory school drill required under Section 37.114 (Best Practices for Emergency School Drills and Exercises; Mandatory School Drills). Requires the committee or team, if the student's committee or team determines that the student would require a specific accommodation, to:
(1) identify each disability or impairment that requires accommodation; and
(2) for each disability or impairment identified under Subdivision (1), recommend specific accommodations for that disability or impairment.
(c) Requires a committee or team, in making considerations and recommendations under Subsection (b), to follow the guidelines established by the Texas Education Agency (TEA) under Section 37.1083.
(d) Requires a student's committee or team to provide to each administrator with emergency planning responsibilities at the school district and campus at which the student is enrolled the information described by Subsections (b)(1) and (2).
(e) Authorizes a committee or team to invite school district and campus administrators with emergency planning responsibilities to assist the committee or team in making the considerations and recommendations described by Subsection (b).
SECTION 3. Amends Section 37.108(f), Education Code, as follows:
(f) Requires a school district to include in its multihazard emergency operations plan certain information, including provisions for ensuring that students and district personnel with disabilities are provided equal access to safety during a disaster or emergency situation based on the guidelines established by TEA under Section 37.1083.
SECTION 4. Amends Subchapter D, Chapter 37, Education Code, by adding Section 37.1083, as follows:
Sec. 37.1083. GUIDELINES FOR SCHOOL DRILL ACCOMMODATIONS AND MULTIHAZARD EMERGENCY OPERATIONS PLAN PROVISIONS FOR INDIVIDUALS WITH DISABILITIES OR IMPAIRMENTS. (a) Requires TEA to establish guidelines for:
(1) the considerations and recommendations required under Section 29.0053 regarding accommodations for a student with an individualized education program or a plan created under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794); and
(2) the required provisions in a school district's multihazard emergency operations plan under Section 37.108(f)(4) to ensure the safety of students and district personnel with disabilities or impairments during a disaster or emergency situation.
(b) Requires TEA, in establishing guidelines under Subsection (a), to consult with:
(1) the Texas School Safety Center;
(2) regional education service centers;
(3) public school educators and administrators who work with students with disabilities or impairments; and
(4) advocacy groups representing individuals with disabilities or impairments.
(c) Requires a school district to follow the guidelines established by TEA under Subsection (a)(2) in adopting and implementing the district's multihazard emergency operations plan under Section 37.108 (Multihazard Emergency Operations Plan; Safety and Security Audit).
SECTION 5. Requires TEA, as soon as practicable after the effective date of this Act but not later than December 1, 2023, to establish the guidelines required by Section 37.1083, Education Code, as added by this Act.
SECTION 6. Provides that this Act, to the extent of any conflict, prevails over another Act of the 88th Legislature, Regular Session, 2023, relating to nonsubstantive additions to and corrections in enacted codes.
SECTION 7. Provides that Section 29.0053, Education Code, as added by this Act, applies beginning with the 2024�2025 school year.
SECTION 8. Effective date: upon passage or September 1, 2023.