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A BILL TO BE ENTITLED
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AN ACT
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relating to provisions and plans by public schools to ensure the |
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safety of individuals with disabilities during a disaster or |
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emergency situation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.104(b), Education Code, as amended by |
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Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B. |
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2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular |
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Session, 2021, is reenacted and amended to read as follows: |
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(b) An open-enrollment charter school is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; |
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(2) the provisions in Chapter 554, Government Code; |
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and |
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(3) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) criminal history records under Subchapter C, |
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Chapter 22; |
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(C) reading instruments and accelerated reading |
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instruction programs under Section 28.006; |
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(D) accelerated instruction under Section |
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28.0211; |
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(E) high school graduation requirements under |
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Section 28.025; |
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(F) special education programs under Subchapter |
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A, Chapter 29; |
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(G) bilingual education under Subchapter B, |
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Chapter 29; |
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(H) prekindergarten programs under Subchapter E |
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or E-1, Chapter 29, except class size limits for prekindergarten |
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classes imposed under Section 25.112, which do not apply; |
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(I) extracurricular activities under Section |
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33.081; |
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(J) discipline management practices or behavior |
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management techniques under Section 37.0021; |
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(K) health and safety under Chapter 38; |
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(L) the provisions of Subchapter A, Chapter 39; |
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(M) public school accountability and special |
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investigations under Subchapters A, B, C, D, F, G, and J, Chapter |
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39, and Chapter 39A; |
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(N) the requirement under Section 21.006 to |
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report an educator's misconduct; |
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(O) intensive programs of instruction under |
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Section 28.0213; |
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(P) the right of a school employee to report a |
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crime, as provided by Section 37.148; |
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(Q) bullying prevention policies and procedures |
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under Section 37.0832; |
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(R) the right of a school under Section 37.0052 |
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to place a student who has engaged in certain bullying behavior in a |
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disciplinary alternative education program or to expel the student; |
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(S) the right under Section 37.0151 to report to |
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local law enforcement certain conduct constituting assault or |
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harassment; |
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(T) a parent's right to information regarding the |
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provision of assistance for learning difficulties to the parent's |
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child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); |
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(U) establishment of residency under Section |
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25.001; |
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(V) school safety requirements under Sections |
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37.108, 37.1081, 37.1082, 37.1083, 37.109, 37.113, 37.114, |
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37.1141, 37.115, 37.207, and 37.2071; |
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(W) the early childhood literacy and mathematics |
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proficiency plans under Section 11.185; |
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(X) the college, career, and military readiness |
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plans under Section 11.186; and |
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(Y) [(X)] parental options to retain a student |
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under Section 28.02124. |
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SECTION 2. Subchapter A, Chapter 29, Education Code, is |
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amended by adding Section 29.0053 to read as follows: |
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Sec. 29.0053. INCLUSION OF ACCOMMODATIONS DURING DISASTER |
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OR EMERGENCY IN INDIVIDUALIZED EDUCATION PROGRAM OR SECTION 504 |
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PLAN. (a) In this section: |
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(1) "Committee" means a committee established under |
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Section 29.005(a). |
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(2) "Section 504 plan" means a plan created under |
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Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794). |
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(3) "Team" means an individualized education program |
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team, as defined by 20 U.S.C. Section 1414(d)(1)(B), established |
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for a student under Section 504, Rehabilitation Act of 1973 (29 |
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U.S.C. Section 794). |
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(b) In developing or modifying an individualized education |
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program or a Section 504 plan for a student, the student's committee |
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or team, as applicable, shall consider and, if appropriate, address |
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in the student's program or plan any necessary accommodations that |
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the student will need during a disaster or emergency situation. |
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SECTION 3. Section 37.108(f), Education Code, is amended to |
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read as follows: |
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(f) A school district shall include in its multihazard |
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emergency operations plan: |
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(1) a chain of command that designates the individual |
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responsible for making final decisions during a disaster or |
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emergency situation and identifies other individuals responsible |
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for making those decisions if the designated person is unavailable; |
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(2) provisions that address physical and |
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psychological safety for responding to a natural disaster, active |
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shooter, and any other dangerous scenario identified for purposes |
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of this section by the agency or the Texas School Safety Center; |
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(3) provisions for ensuring the safety of students in |
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portable buildings; |
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(4) provisions for ensuring that students and district |
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personnel with disabilities are provided equal access to safety |
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during a disaster or emergency situation based on the guidelines |
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established by the agency under Section 37.1083; |
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(5) provisions for providing immediate notification |
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to parents, guardians, and other persons standing in parental |
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relation in circumstances involving a significant threat to the |
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health or safety of students, including identification of the |
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individual with responsibility for overseeing the notification; |
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(6) provisions for supporting the psychological |
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safety of students, district personnel, and the community during |
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the response and recovery phase following a disaster or emergency |
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situation that: |
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(A) are aligned with best practice-based |
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programs and research-based practices recommended under Section |
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38.351; |
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(B) include strategies for ensuring any required |
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professional development training for suicide prevention and |
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grief-informed and trauma-informed care is provided to appropriate |
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school personnel; |
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(C) include training on integrating |
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psychological safety and suicide prevention strategies into the |
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district's plan, such as psychological first aid for schools |
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training, from an approved list of recommended training established |
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by the commissioner and Texas School Safety Center for: |
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(i) members of the district's school safety |
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and security committee under Section 37.109; |
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(ii) district school counselors and mental |
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health professionals; and |
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(iii) educators and other district |
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personnel as determined by the district; |
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(D) include strategies and procedures for |
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integrating and supporting physical and psychological safety that |
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align with the provisions described by Subdivision (2); and |
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(E) implement trauma-informed policies; |
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(7) a policy for providing a substitute teacher access |
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to school campus buildings and materials necessary for the |
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substitute teacher to carry out the duties of a district employee |
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during an emergency or a mandatory emergency drill; and |
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(8) the name of each individual on the district's |
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school safety and security committee established under Section |
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37.109 and the date of each committee meeting during the preceding |
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year. |
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SECTION 4. Subchapter D, Chapter 37, Education Code, is |
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amended by adding Section 37.1083 to read as follows: |
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Sec. 37.1083. GUIDELINES FOR MULTIHAZARD EMERGENCY |
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OPERATIONS PLAN PROVISIONS FOR INDIVIDUALS WITH DISABILITIES. (a) |
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The agency, in consultation with advocacy groups representing |
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individuals with disabilities, shall establish guidelines for the |
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required provisions in a school district's multihazard emergency |
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operations plan under Section 37.108(f)(4) to ensure the safety of |
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students and district personnel with disabilities during a disaster |
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or emergency situation. |
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(b) A school district must follow the guidelines |
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established by the agency under Subsection (a) in adopting and |
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implementing the district's multihazard emergency operations plan |
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under Section 37.108. |
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SECTION 5. As soon as practicable after the effective date |
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of this Act but not later than December 1, 2023, the Texas Education |
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Agency shall establish guidelines for multihazard emergency |
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operations plan provisions for individuals with disabilities as |
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required by Section 37.1083, Education Code, as added by this Act. |
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SECTION 6. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |