88R19700 MEW-D

By: González of El Paso H.B. No. 195

Substitute the following for H.B. No. 195:

By: Dutton C.S.H.B. No. 195

A BILL TO BE ENTITLED

AN ACT

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.

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

SECTION 1. 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, 37.109, 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 2. Subchapter A, Chapter 29, Education Code, is amended by adding Section 29.0053 to read as follows:

Sec. 29.0053. INCLUSION OF ACCOMMODATIONS DURING MANDATORY SCHOOL DRILLS IN INDIVIDUALIZED EDUCATION PROGRAM OR SECTION 504 PLAN. (a) In this section:

(1) "Committee" means a committee established under Section 29.005(a).

(2) "Section 504 plan" means a plan created under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794).

(3) "Team" means a team established for a student under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794).

(b) In developing or modifying an individualized education program or a Section 504 plan for a student, the student's committee or team, as applicable, shall 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. If the student's committee or team determines that the student would require a specific accommodation, the committee or team shall:

(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) In making considerations and recommendations under Subsection (b), a committee or team must follow the guidelines established by the agency under Section 37.1083.

(d) A student's committee or team shall 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) A committee or team may 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. Section 37.108(f), Education Code, is amended to read as follows:

(f) A school district shall include in its multihazard emergency operations plan:

(1) a chain of command that designates the individual responsible for making final decisions during a disaster or emergency situation and identifies other individuals responsible for making those decisions if the designated person is unavailable;

(2) provisions that address physical and psychological safety for responding to a natural disaster, active shooter, and any other dangerous scenario identified for purposes of this section by the agency or the Texas School Safety Center;

(3) provisions for ensuring the safety of students in portable buildings;

(4) provisions for ensuring that students and district personnel with disabilities are provided equal access to safety during a disaster or emergency situation based on the guidelines established by the agency under Section 37.1083;

(5) provisions for providing immediate notification to parents, guardians, and other persons standing in parental relation in circumstances involving a significant threat to the health or safety of students, including identification of the individual with responsibility for overseeing the notification;

(6) provisions for supporting the psychological safety of students, district personnel, and the community during the response and recovery phase following a disaster or emergency situation that:

(A) are aligned with best practice-based programs and research-based practices recommended under Section 38.351;

(B) include strategies for ensuring any required professional development training for suicide prevention and grief-informed and trauma-informed care is provided to appropriate school personnel;

(C) include training on integrating psychological safety and suicide prevention strategies into the district's plan, such as psychological first aid for schools training, from an approved list of recommended training established by the commissioner and Texas School Safety Center for:

(i) members of the district's school safety and security committee under Section 37.109;

(ii) district school counselors and mental health professionals; and

(iii) educators and other district personnel as determined by the district;

(D) include strategies and procedures for integrating and supporting physical and psychological safety that align with the provisions described by Subdivision (2); and

(E) implement trauma-informed policies;

(7) a policy for providing a substitute teacher access to school campus buildings and materials necessary for the substitute teacher to carry out the duties of a district employee during an emergency or a mandatory emergency drill; and

(8) the name of each individual on the district's school safety and security committee established under Section 37.109 and the date of each committee meeting during the preceding year.

SECTION 4. Subchapter D, Chapter 37, Education Code, is amended by adding Section 37.1083 to read as follows:

Sec. 37.1083. GUIDELINES FOR SCHOOL DRILL ACCOMMODATIONS AND MULTIHAZARD EMERGENCY OPERATIONS PLAN PROVISIONS FOR INDIVIDUALS WITH DISABILITIES OR IMPAIRMENTS. (a) The agency shall 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) In establishing guidelines under Subsection (a), the agency shall 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) A school district must follow the guidelines established by the agency under Subsection (a)(2) in adopting and implementing the district's multihazard emergency operations plan under Section 37.108.

SECTION 5. As soon as practicable after the effective date of this Act but not later than December 1, 2023, the Texas Education Agency shall establish the guidelines required by Section 37.1083, Education Code, as added by this Act.

SECTION 6. 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 7. Section 29.0053, Education Code, as added by this Act, applies beginning with the 2024-2025 school year.

SECTION 8. 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.