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BILL ANALYSIS

 

 

Senate Research Center

S.B. 11

 

By: Taylor

 

Education

 

6/6/2019

 

Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Senate Select Committee on Violence in Schools and School Security was appointed following the tragedy that occurred at Santa Fe High School. The committee studied methods to reduce the likelihood of school violence and reduce security threats, harden facilities, and facilitate mental health resources to schools. S.B. 11 seeks to revise and expand the duties of school districts, open-enrollment charter schools, the Texas Education Agency, and the Texas School Safety Center regarding multihazard emergency operations plans and other school safety measures. S.B. 11 proposes a grant program for loan repayment for school counselors and licensed specialists in school psychology. (Original Author's/Sponsor's Statement of Intent)

 

S.B. 11 amends current law relating to policies, procedures, and measures for school safety and mental health promotion in public schools and the creation of the Texas Child Mental Health Care Consortium.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the commissioner of education in SECTION 1 (Section 7.061, Education Code), SECTION 6 (Section 25.0815, Education Code), SECTION 11 (Section 37.1082, Education Code), SECTION 13 (Sections 37.114 and 37.115, Education Code), SECTION 18 (Section 38.036, Education Code), and SECTION 20 (Section 42.168, Education Code) of this bill.

 

Rulemaking authority is expressly granted to the State Board of Education in SECTION 7 (Section 28.002) of this bill.

 

Rulemaking authority is expressly granted to the Texas Education Agency in SECTION 13 (Section 37.115, Education Code) and SECTION 18 (Section 38.036, Education Code) of this bill.

 

Rulemaking authority previously granted to the Texas Commission on Law Enforcement is modified in SECTION 24 (Section 1701.263, Occupations Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter C, Chapter 7, Education Code, by adding Section 7.061, as follows:

 

Sec. 7.061. FACILITIES STANDARDS. (a) Defines "instructional facility."

 

(b) Requires the commissioner of education (commissioner) to adopt or amend rules as necessary to ensure that building standards for instructional facilities and other school district and open-enrollment charter school facilities provide a secure and safe environment. Requires the commissioner, in adopting or amending rules under this section, to include the use of best practices for the design and construction of new facilities and for the improvement, renovation, and retrofitting of existing facilities.

 

(c) Requires the commissioner, not later than September 1 of each even-numbered year, to review all rules adopted or amended under this section and amend the rules as necessary to ensure that building standards for school district and open‑enrollment charter school facilities continue to provide a secure and safe environment.

 

SECTION 2. Amends Section 11.252(a), Education Code, as follows:

 

(a) Requires the district improvement plan to include provisions for:

 

(1)�(7) makes no changes to these subdivisions;

 

(8)�(9) makes nonsubstantive changes to these subdivisions; and

 

(10) the trauma-informed care policy required under Section 38.036.

 

SECTION 3. Reenacts Section 12.104(b), Education Code, as amended by Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts of the 85th Legislature, Regular Session, 2017, and amends it as follows:

 

(b) Provides that an open-enrollment charter school is subject to:

 

(1) makes no changes to this subdivision; and

 

(2) a prohibition, restriction, or requirement, as applicable, imposed by this title (Public Education) or a rule adopted under this title, relating to:

 

(A)-(N) makes no changes to these paragraphs;

 

(O) makes a nonsubstantive change to this paragraph;

 

(P) makes no changes to this paragraph;

 

(Q)-(R) makes nonsubstantive changes to these paragraphs;

 

(S) creates this paragraph from existing text and makes a nonsubstantive change; and

 

(T) school safety requirements under Sections 37.108 (Multihazard Emergency Operations Plan; Safety and Security Audit), 37.1081, 38.1082, 37.109 (School Safety and Security Committee), 37.113, 37.114, 37.115, 37.207 (Model Safety and Security Audit Procedure), and 37.2071.

 

SECTION 4. Amends Sections 21.054(d) and (d-2), Education Code, as follows:

 

(d) Requires continuing education requirements for a classroom teacher to provide that not more than 25 percent of the training required every five years include instruction regarding:

 

(1)�(3) makes no changes to these subdivisions;

 

(4)�(5) makes nonsubstantive changes to these subdivisions; and

 

(6) how grief and trauma affect student learning and behavior, rather than authorizing the continuing education to provide such instruction. Redesignates existing Subsection (d-2) as this subdivision and makes a nonsubstantive change.

 

(d-2) Requires the instruction required under Subsection (d)(6) to comply with the training required by Section 38.036(c)(1) and to be approved by the commissioner.

 

SECTION 5. Amends Section 25.081(a), Education Code, as follows:

 

(a) Requires for each school year each school district, except as authorized under Subsection (b) (relating to authorizing the commissioner to modify operation requirements in case of disaster) of this section, Section 25.0815, Section 25.084, or Section 29.0821, rather than except as authorized under Subsection (b) of this section, Section 285.054, or Section 29.0821, to operate at least 75,600 minutes, including time allocated for instruction, intermissions, and recesses for students.

 

SECTION 6. Amends Subchapter C, Chapter 25, Education Code, by adding Section 25.0815, as follows:

 

Sec. 25.0815. OPERATION AND INSTRUCTIONAL TIME WAIVERS FOR SCHOOL SAFETY TRAINING. (a) Requires the commissioner to provide a waiver allowing for fewer minutes of operation and instructional time than required under Section 25.081(a) for a school district that requires each educator employed by the district to attend an approved school safety training course.

 

(b) Provides that a waiver under this section:

 

(1) is required to allow sufficient time for the school district's educators to attend the school safety training course; and

 

(2) is prohibited from resulting in an inadequate number of minutes of instructional time for students or reducing the number of minutes of operation and instructional time by more than 420 minutes.

 

(c) Requires a school safety training course, to be approved under this section, to apply to the Texas School Safety Center (TxSCC). Authorizes TxSCC to approve a training course if the course satisfies the training requirements as determined by TxSCC.

 

(d) Authorizes the commissioner to adopt rules to implement this section.

 

SECTION 7. Amends Section 28.002, Education Code, by amending Subsection (a) and adding Subsection (z), as follows:

 

(a) Makes nonsubstantive changes. Requires each school district that offers kindergarten through grade 12 to offer, as a required curriculum:

 

(1) makes no changes to this subdivision;

 

(2) an enrichment curriculum that includes:

 

(A) makes no changes to this paragraph;

 

(B) health, with emphasis on:

 

(i) physical health, including the importance of proper nutrition and exercise;

 

(ii) mental health, including instruction about mental health conditions, substance abuse, skills to manage emotions, establishing and maintaining positive relationships, and responsible decision-making; and

 

(iii) suicide prevention, including recognizing suicide-related risk factors and warning signs; and

 

(C)-(H) makes no changes to these paragraphs.

 

(z) Requires the State Board of Education (SBOE) by rule to require each school district to incorporate instruction in digital citizenship into the district's curriculum, including information regarding the potential criminal consequences of cyberbullying. Defines "cyberbullying" and "digital citizenship" for purposes of this subsection.

 

SECTION 8. Amends Section 28.004, Education Code, by amending Subsection (c) and adding Subsection (o), as follows:

 

(c) Provides that the local school health advisory council's duties include recommending:

 

(1) makes no changes to this subdivision;

 

(2) policies, procedures, strategies, and curriculum appropriate for specific grade levels designed to prevent obesity, cardiovascular disease, Type 2 diabetes, and mental health concerns, including suicide, rather than obesity, cardiovascular disease, Type 2 diabetes, and mental health concerns, through coordination of certain education programs;

 

(3) makes no changes to this subdivision;

 

(4)�(5) makes nonsubstantive changes to these subdivisions; and

 

(6) strategies to increase parental awareness regarding:

 

(A) risky behaviors and early warning signs of suicide risks and behavioral health concerns, including mental health disorders and substance use disorders; and

 

(B) available community programs and services that address risky behaviors, suicide risks, and behavioral health concerns.

 

(o) Requires the local school health advisory council to make policy recommendations to the district to increase parental awareness of suicide-related risk factors and warning signs and available community suicide prevention services.

 

SECTION 9. Amends Section 37.0812, Education Code, as follows:

 

Sec. 37.0812. TRAINING POLICY; SCHOOL DISTRICT PEACE OFFICERS AND SCHOOL RESOURCE OFFICERS. Requires a school district that commissions a school district peace officer or at which a school resource officer provides law enforcement to adopt a policy requiring the officer to complete the education and training program required by Section 1701.263 (Education and Training Program For School District Peace Officers and School Resource Officers), Occupations Code, rather than requiring a school district with an enrollment of 30,000 or more students that commissions a school district peace officer or at which a school resource officer provides law enforcement shall adopt a policy requiring the officer to complete the education and training program required by Section 1701.263, Occupations Code.

 

SECTION 10. Amends Section 37.108, Education Code, by amending Subsections (a), (b), and (c) and adding Subsections (b-1) and (f), as follows:

 

(a) Requires the multihazard emergency operations plan adoptred by a school district or public junior college district to address prevention, mitigation, preparedness, response, and recovery as defined by TxSCC in conjunction with the governor's office of homeland security and the commissioner or commissioner of higher education as applicable, rather than address mitigation, preparedness, response, and recovery as defined by the commissioner or the commissioner of higher education in conjunction with the governor's office of homeland security. Creates Subdivision (4) from existing text, redesignates existing Subdivisions (3)�(4) as Subdivisions (5)�(6), and requires the plan to provide for:

 

(1) training in responding to an emergency for district employees, including substitute teachers, rather than district employee training in responding to an emergency;

 

(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 service 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 communicating during an emergency;

 

(4) if the plan applies to a school district, mandatory school drills and exercises, including drills required under Section 37.114, to prepare district students and employees for responding to an emergency; and

 

(5)�(6) makes no further changes to these subdivisions.

 

(b) Requires a district, in the safety and security audit required every three years, to the extent possible, to follow safety and security audit procedures developed by TxSCC or a person included in the registry established by TxSCC under Section 37.2091 (Registry of Persons Providing School Safety or Security Consulting Services), rather than by TxSCC or a comparable public or private entity.

 

(b-1) Requires a district, in a school district's safety and security audit required under Subsection (b), to certify that the district used the funds provided to the district through the school safety allotment under Section 42.168 only for the purposes provided by that section.

 

(c) Requires the report provided to TxSCC under this subsection to 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.

 

(f) Requires a school district to include in the 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 TEA or TxSCC;

 

(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;

 

(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 161.325 (Mental Health Promotion and Intervention, Substance Abuse Prevention and Intervention, and Suicide Prevention), Health and Safety Code;

 

(B) include strategies for ensuring any required professional development training for students 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 TxSCC for:

 

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

 

(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 11. Amends Subchapter D, Chapter 37, Education Code, by adding Sections 37.1081 and 37.1082, as follows:

 

Sec. 37.1081. PUBLIC HEARING ON MULTIHZAZARD EMERGENCY OPERATIONS PLAN NONCOMPLIANCE. (a) Requires the board of trustees of a school district, if the board receives notice of noncompliance under Section 37.207(e) or 37.2071(g), to hold a public hearing to notify the public of:

 

(1) the district's failure to submit or correct deficiencies in a multihazard emergency operations plan or report to the results of a safety and security audit to TxSCC as required by law;

 

(2) the dates during which the district has not been in compliance; and

 

(3) the names of each member of the board of trustees and the superintendent serving in that capacity during the dates the district was not in compliance.

 

(b) Requires the school district to provide the information required under Subsection (a)(3) to each person in attendance at the hearing.

 

(c) Requires the board to give members of the public a reasonable opportunity to appear before the board and to speak on the issue of the district's failure to submit or correct deficiencies in a multihazard emergency operations plan or report the results of a safety and security audit during a hearing held under this section.

 

(d) Requires a school district required to hold a public hearing under Subsection (a) to provide a written confirmation to TxSCC that the district held the hearing.

 

Sec. 37.1082. MULTIHAZARD EMERGENCY OPERATIONS PLAN NONCOMPLIANCE; APPOINTMENT OF CONSERVATOR OR BOARD OF MANAGERS. (a) Authorizes the commissioner, if TEA receives notice from TxSCC of a school district's failure to submit a multihazard emergency operations plan, to appoint a conservator for the district under Chapter 39A (Accountability Interventions and Sanctions). Authorizes the conservator to order the district to adopt, implement, and submit a multihazard emergency operations plan.

 

(b) Authorizes the commissioner, if a district fails to comply with a conservator's order to adopt, implement, and submit a multihazard emergency operations plan within the time frame imposed by the commissioner, to appoint a board of managers under Chapter 39A to oversee the operations of the district.

 

(c) Authorizes the commissioner to adopt rules as necessary to administer this section.

 

SECTION 12. Amends Section 37.109, Education Code, by adding Subsections (a-1), (c), and (d) and amending Subsection (b), as follows:

 

(a-1) Requires a school safety and security committee, to the greatest extent practicable, to include:

 

(1) one or more representatives of an office of emergency management of a county or city in which the district is located;

 

(2) one or more representatives of the local police department or sheriff's office;

 

(3) one or more representatives of the district's police department, if applicable;

 

(4) the president of the district's board of trustees;

 

(5) a member of the district's board of trustees other than the president;

 

(6) the district's superintendent;

 

(7) one or more designees of the district's superintendent, one of whom is required to be a classroom teacher in the district;

 

(8) if the district partners with an open-enrollment charter school to provide instruction to students, a member of the open-enrollment charter school's governing body or a designee of the governing body; and

 

(9) two parents or guardians of students enrolled in the district.

 

(b) Requires the committee to:

 

(1) makes no changes to this subdivision;

 

(2) periodically provide recommendations to the district's board of trustees and district administrators regarding updating the district mulithazard emergency operations plan required by Section 37.108(a) in accordance with best practices identified by TEA, TxSCC, or a person included in the registry established by TxSCC under Section 37.2091;

 

(3) creates this subdivision from existing text and makes a nonsubstantive change;

 

(4) redesignates existing Subdivision (3) as Subdivision (4) and makes a nonsubstantive change; and

 

(5) consult with local law enforcement agencies on methods to increase law enforcement presence near district campuses.

 

(c) Requires the committee, except as otherwise provided by this subsection, to meet at least once during each academic semester and at least once during the summer. Requires a committee established by a school district that operates schools on a year-round system or in accordance with another alternative schedule to meet at least three times during each calendar year, with an interval of at least two months between each meeting.

 

(d) Provides that the committee is subject to Chapter 551 (Open Meetings), Government Code, and is authorized to meet in executive session as provided by that chapter. Requires notice of a committee meeting to be posted in the same manner as notice of a meeting of a district's board of trustees.

 

SECTION 13. Amends Subchapter D, Chapter 37, Education Code, by adding Sections 37.113, 37.114, and 37.115, as follows:

 

Sec. 37.113. NOTIFICATION REGARDING BOMB THREAT OR TERRORISTIC THREAT. Requires a school district that receives a bomb threat or terroristic threat relating to a campus or other district facility at which students are present to provide notification of the threat as soon as possible to the parent or guardian of or other person standing in parental relation to each student who is assigned to the campus or who regularly uses the facility, as applicable.

 

Sec. 37.114. EMERGENCY EVACUATIONS; MANDATORY SCHOOL DRILLS. Requires the commissioner, in consultation with TxSCC and the state fire marshal, to adopt rules providing procedures for evaluating and securing school property during an emergency and rules designating the number of mandatory school drills to be conducted each semester of the school year, not to exceed eight drills, including designating the number of evacuation fire exit drills and the number of lockdown, lockout, shelter‑in‑place, and evacuation drills.

 

Sec. 37.115. THREAT ASSESSMENT AND SAFE AND SUPPORTIVE SCHOOL PROGRAM AND TEAM. (a) Defines "harmful, threatening, or violent behavior" and "team" for purposes of this section.

 

(b) Requires TEA, in coordination with TxSCC, to adopt rules to establish a safe and supportive school program. Requires the rules to incorporate research‑based best practices for school safety, including providing for:

 

(1) physical and psychological safety;

 

(2) a multiphase and multihazard approach to prevention, mitigation, preparedness, response, and recovery in a crisis situation;

 

(3) a systemic and coordinated multitiered support system that addresses school climate, the social and emotional domain, and behavioral and mental health; and

 

(4) multidisciplinary and multiagency collaboration to assess risks and threats in schools and provide appropriate intervention, including rules for the establishment and operation of teams.

 

(c) Requires the board of trustees of each school district to establish a threat assessment and safe and supportive school team to serve at each campus of the district and to adopt policies and procedures for the teams. Provides that the team is responsible for developing and implementing the safe and supportive school program under Subsection (b) at the district campus served by the team. Requires the policies and procedures adopted under this section to:

 

(1) be consistent with the model policies and procedures developed by TxSCC;

 

(2) require each team to complete training provided by TxSCC or a regional education service center (ESC) regarding evidence-based threat assessment programs; and

 

(3) require each team established under this section to report the information required under Subsection (k) regarding the team's activities to TEA.

 

(d) Requires the superintendent of the district to ensure that the members appointed to each team have expertise in counseling, behavior management, mental health and substance use, classroom instruction, special education, school administration, school safety and security, emergency management, and law enforcement. Authorizes a team to serve more than one campus of a school district, provided that each school district campus is assigned a team.

 

(e) Authorizes the superintendent of a school district to establish a committee, or assign to an existing committee established by the district, the duty to oversee the operations of teams established for the district. Requires a committee with oversight responsibility under this subsection to include members with expertise in human resources, education, special education, counseling, behavior management, school administration, mental health and substance use, school safety and security, emergency management, and law enforcement.

 

(f) Requires each team to:

 

(1) conduct a threat assessment that includes:

 

(A) assessing and reporting individuals who make threats of violence or exhibit harmful, threatening, or violent behavior in accordance with the policies and procedures adopted under Subsection (c); and

 

(B) gathering and analyzing data to determine the level of risk and appropriate intervention, including:

 

(i) referring a student for mental health assessment; and

 

(ii) implementing an escalation procedure, if appropriate based on the team's assessment, in accordance with district policy;

 

(2) provide guidance to students and school employees regarding recognizing harmful, threatening, or violent behavior that may pose a threat to the community, school, or individual; and

 

(3) support the district in implementing the district's multihazard emergency operations plan.

 

(g) Prohibits a team from providing a mental health care service to a student who is under 18 years of age unless the team obtains written consent from the parent of or person standing in parental relation to the student before providing the mental health care service. Requires the consent required by this subsection to be submitted on a form developed by the school district that complies with all applicable state and federal law. Authorizes the student's parent or person standing in parental relation to the student to give consent for a student to receive ongoing services or to limit consent to one or more services provided on a single occasion.

 

(h) Requires a team, on a determination that a student or other individual poses a serious risk of violence to self or others, to immediately report the team's determination to the superintendent. Requires the superintendant, if the individual is a student, to immediately attempt to inform the parent or person standing in parental relation to the student. Provides that the requirements of this subsection do not prevent an employee of the school from acting immediately to prevent an imminent threat or respond to an emergency.

 

(i) Requires a team identifying a student at risk of suicide to act in accordance with the district's suicide prevention program. Requires the team, if the student at risk of suicide also makes a threat of violence to others, to conduct a threat assessment in addition to actions taken in accordance with the district's suicide prevention program.

 

(j) Requires a team identifying a student using or possessing tobacco, drugs, or alcohol to act in accordance with district policies and procedures related to substance use prevention intervention.

 

(k) Requires a team to report to TEA in accordance with guidelines developed by TEA the following information regarding the team's activities for each school district campus the team services:

 

(1) the occupation of each person appointed to the team;

 

(2) the number of threats and the description of the type of the threats reported to the team;

 

(3) the outcome of each assessment made by the team, including any disciplinary action taken, including a change in school placement, any action taken by law enforcement, or a referral to or change in counseling, mental health, special education, or other services; and

 

(4) the total number, disaggregated by student gender, race, and status as receiving special education services, being at risk of dropping out of school, being in foster care, experiencing homelessness, being a dependent of military personnel, being pregnant or a parent, having limited English proficiency, or being a migratory child, of, in connection with an assessment or reported threat by the team:

 

(A) citations issued for Class C misdemeanor offenses;

 

(B) arrests;

 

(C) incidents of uses of restraint;

 

(D) changes in school placement, including placement in a juvenile justice alternative education program or disciplinary alternative education program;

 

(E) referrals to or changes in counseling, mental health, special education, or other services;

 

(F) placements in in‑school suspension or out‑of‑school suspension and incidents of expulsion;

 

(G) unexcused absences of 15 or more days during the school year; and

 

(H) referrals to juvenile justice court for truancy; and

 

(5) the number and percentage of school personnel trained in:

 

(A) a best practices program or research‑based practice under Section 161.325, Health and Safety Code, including the number and percentage of school personnel trained in:

 

(i) suicide prevention; or

 

(ii) grief and trauma‑informed practices;

 

(B) mental health or psychological first aid for schools;

 

(C) training related to the safe and supportive school program established under Subsection (b); or

 

(D) any other program relating to safety identified by the commissioner.

 

(l) Authorizes the commissioner to adopt rules to implement this section.

 

SECTION 14. Amends Section 37.207, Education Code, by adding Subdivisions (c), (d), and (e), as follows:

 

(c) Authorizes TxSCC, in addition to a review of a district's multihazard emergency operations plan under Section 37.2071, to require a district to submit its plans for immediate review if the district's audit results indicate that the district is not complying with applicable standards.

 

(d) Requires TxSCC, if a district fails to report the results of its audit as required by Subsection (b), to provide the district with written notice that the district has failed to report its audit results and is required to immediately report the results to TxSCC.

 

(e) Requires TxSCC, if six months after the date of the initial notification required by Subsection

 

(d) the district has still not reported the results of its audit to TxSCC, to notify TEA and the district of the district's requirement to conduct a public hearing under Section 37.1081. Provides that this subsection applies only to a school district.

 

SECTION 15. Amends Subchapter G, Chapter 37, Education Code, by adding Section 37.2071, as follows:

 

Sec. 37.2071. DISTRICT MULTIHAZARD EMERGENCY OPERATIONS PLAN REVIEW AND VERIFICATION. (a) Requires TxSCC to establish a random or need‑based cycle for TxSCC's review and verification of school district and public junior college district multihazard emergency operations plans adopted under Section 37.108. Requires the cycle to provide for each district's plan to be reviewed at regular intervals as determined by TxSCC.

 

(b) Requires a school district or public junior college district to submit its multihazard emergency operations plan to TxSCC on request of TxSCC and in accordance with TxSCC's review cycle developed under Subsection (a).

 

(c) Requires TxSCC to 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 describing the plan's deficiencies and written notice stating that the district is required to correct the deficiencies in its plan and resubmit the revised plan to TxSCC.

 

(d) Requires TxSCC, if a district fails to submit its multihazard emergency operations plan to TxSCC for review, to provide the district with written notice stating that the district has failed to submit a plan and is required to submit a plan to TxSCC for review and verification.

 

(e) Authorizes TxSCC to approve a district multihazard emergency operations plan that has deficiencies if the district submits a revised plan that TxSCC determines will correct the deficiencies.

 

(f) Requires TxSCC, if three months after the date of initial notification of a plan's deficiencies under Subsection (c)(2) or failure to submit a plan under Subsection (d) a district has not corrected the plan deficiencies or has failed to submit a plan, to provide written notice to the district and TEA that the district has not complied with the requirements of this section and is required to comply immediately.

 

(g) Requires TxSCC, if a school district still has not corrected the plan deficiencies or has failed to submit a plan six months after the date of initial notification under Subsection (c)(2) or (d), to provide written notice to the school district stating that the district is required to hold a public hearing under Section 37.1081.

 

(h) Requires the notice required by Subsection (g), if a school district has failed to submit a plan, to state that the commissioner is authorized to appoint a conservator under Section 37.1082.

 

(i) Provides that any document or information collected, developed, or produced during the review and verification of multihazard emergency operations plans under this section is not subject to disclosure under Chapter 552 (Public Information), Government Code.

 

SECTION 16. Amends Section 37.2091(d), Education Code, as follows:

 

(d) Requires TxSCC to verify the information provided by a person under Subsection (c) (relating to requiring persons providing school safety and security services to register with and provide certain information to TxSCC) to confirm the person's qualifications and ability to provide school safety or security consulting services before adding the person to the registry. Deletes existing text relating to the registry being intended to serve only as an informational resource for school districts and institutions of higher education. Deletes existing text providing that the inclusion of a person in the registry is not an indication of the person's qualifications or ability to provide school safety or security consulting services or that TxSCC endorses the person's school safety or security consulting services. Makes nonsubstantive changes.

 

SECTION 17. Amends Subchapter G, Chapter 37, Education Code, by adding Section 37.220, as follows:

 

Sec. 37.220. MODEL THREAT ASSESSMENT TEAM POLICIES AND PROCEDURES. (a) Requires TxSCC, in coordination with TEA, to develop model policies and procedures to assist school districts in establishing and training threat assessment teams.

 

(b) Requires the model policies and procedures developed under Subsection (a) to include procedures, when appropriate, for:

 

(1) the referral of a student to a local mental health authority or health care provider for evaluation or treatment;

(2) the referral of a student for a full individual and initial evaluation for special education services under Section 29.004 (Full Individual and Initial Evaluation); and

 

(3) a student or school personnel to anonymously report dangerous, violent, or unlawful activity that occurs or is threatened to occur on school property or that relates to a student or school personnel.

 

SECTION 18. Amends Subchapter A, Chapter 38, Education Code, by adding Section 38.036, as follows:

 

Sec. 38.036. TRAUMA-INFORMED CARE POLICY. (a) Requires each school district to adopt and implement a policy requiring the integration of trauma-informed practices in each school environment. Requires a district to include the policy in the district improvement plan required under Section 11.252.

 

(b) Requires a policy required by this section to address:

 

(1) using resources developed by TEA, methods for increasing staff and parent awareness of trauma‑informed care and for implementation of trauma-informed practices and care by district and campus staff; and

 

(2) available counseling options for students affected by trauma or grief.

 

(c) Requires the methods under Subsection (b)(1) for increasing awareness and implementation of trauma-informed care to include training as provided by this subsection. Requires the training to be provided:

 

(1) through a program selected from the list of recommended best practice‑based programs and research‑based practices established under Section 161.325, Health and Safety Code;

 

(2) as part of any new employee education for all new school district educators; and

 

(3) to existing school district educators on a schedule adopted by TEA by rule that requires educators to be trained at intervals necessary to keep educators informed of developments in the field.

 

(d) Requires each school district, for any training under Subsection (c), to maintain records that include the name of each school district staff member who participated in the training.

 

(e) Requires a school district to report annually to TEA the following information for the district as a whole and for each school campus:

 

(1) the number of teachers, principals, and counselors employed by the district who have completed training under this section; and

 

(2) the total number of teachers, principals, and counselors employed by the district.

 

(f) Authorizes the district, if a school district determines that the district does not have sufficient resources to provide the training required under Subsection (c), to partner with a community mental health organization to provide training that meets the requirements of Subsection (c) at no cost to the district.

 

(g) Requires the commissioner to adopt rules as necessary to administer this section.

 

SECTION 19. Amends Chapter 38, Education Code, by adding Subchapter F to read as follows:

 

SUBCHAPTER F. MENTAL HEALTH RESOURCES

 

Sec. 38.251. RUBRIC TO IDENTIFY RESOURCES. (a) Requires TEA to develop a rubric for use by ESCs in identifying resources related to student mental health that are available to schools in their respective regions. Requires TEA to develop the rubric in conjunction with:

 

(1) the Health and Human Services Commission (HHSC);

 

(2) the Department of Family and Protective Services (DFPS);

 

(3) the Texas Juvenile Justice Department (TJJD);

 

(4) the Texas Higher Education Coordinating Board (THECB);

 

(5) the Texas Child Mental Health Care Consortium (consortium);

 

(6) the Texas Workforce Commission (TWC); and

 

(7) any other state agency TEA considers appropriate.

 

(b) Requires the rubric developed by TEA to provide for the identification of resources relating to:

 

(1) training and technical assistance on practices that support the mental health of students;

 

(2) school-based programs that provide prevention or intervention services to students;

 

(3) community-based programs that provide school-based or school‑connected prevention or intervention services to students;

 

(4) Communities In Schools programs described by Subchapter E (Communities In Schools Program), Chapter 33;

 

(5) school-based mental health providers; and

 

(6) public and private funding sources available to address the mental health of students.

 

(c) Requires TEA, not later than December 1 of each odd-numbered year, to revise the rubric as necessary to reflect changes in resources that may be available to schools and provide the rubric to each ESC.

 

Sec. 38.252. REGIONAL INVENTORY OF MENTAL HEALTH RESOURCES. (a) Requires each ESC to use the rubric developed under Section 38.251 to identify resources related to student mental health available to schools in the center's region, including evidence-based and promising programs and best practices, that:

 

(1) create school environments that support the social, emotional, and academic development of students;

 

(2) identify students who may need additional behavioral or mental health support before issues arise;

 

(3) provide early, effective interventions to students in need of additional support;

 

(4) connect students and their families to specialized services in the school or community when needed; and

 

(5) assist schools in aligning resources necessary to address the mental health of students.

 

(b) Authorizes an ESC to consult with any entity the ESC considers necessary in identifying resources under Subsection (a), including:

 

(1) school districts;

 

(2) local mental health authorities;

 

(3) community mental health services providers;

 

(4) education groups;

 

(5) hospitals; and

 

(6) institutions of higher education.

 

(c) Requires each ESC, not later than March 1 of each even-numbered year, to:

 

(1) use the revised rubric received from TEA under Section 38.251 to identify, in the manner provided by this section, any additional resources that may be available to schools in the ESC's region;

 

(2) submit to TEA a report on resources identified through the process, including any additional resources identified under Subdivision (1).

 

Sec. 38.253. STATEWIDE INVENTORY OF MENTAL HEALTH RESOURCES. (a) Requires TEA to develop a list of statewide resources available to school districts to address the mental health of students, including:

 

(1) training and technical assistance on practices that support the mental health of students;

 

(2) school-based programs that provide prevention or intervention services to students;

 

(3) community-based programs that provide school-based or school‑connected prevention or intervention services to students;

 

(4) school-based mental health providers; and

 

(5) public and private funding sources available to address the mental health of students.

 

(b) Requires TEA, in developing the list required under Subsection (a), to collaborate with:

 

(1) HHSC;

 

(2) DFPS;

 

(3) TJJD;

 

(4) THECB;

 

(5) the consortium;

 

(6) TWC;

 

(7) one or more representatives of Communities In Schools programs described by Subchapter E, Chapter 33, who are designated by the Communities In Schools State Office;

 

(8) hospitals or other health care providers;

 

(9) community service providers;

 

(10) parent, educator, and advocacy groups; and

 

(11) any entity TEA determines can assist TEA in compiling the list.

 

(c) Requires TEA to include on the list any resource available through an entity identified as a resource under Subsection (b), including an entity described by Subsection (b), that provides evidence-based and promising programs and best practices that:

 

(1) create school environments that support the social, emotional, and academic development of students;

 

(2) identify students who may need additional behavioral or mental health support before issues arise;

 

(3) provide early, effective interventions to students in need of additional support; and

 

(4) connect students and their families to specialized services in the school or community when needed;

 

(d) Requires TEA to revise the list not later than March 1 of each even‑numbered year.

 

Sec. 38.254. STATEWIDE PLAN FOR STUDENT MENTAL HEALTH. (a) Requires TEA to develop a statewide plan to ensure all students have access to adequate mental health resources. Requires TEA to include in the plan:

 

(1) a description of any revisions made to the rubric required by Section 38.251;

 

(2) the results of the most recent regional inventory of mental health resources required by Section 38.252, including any additional resources identified;

 

(3) the results of the most recent statewide inventory of mental health resources required by Section 38.253, including any additional resources identified;

 

(4) TEA's goals for student mental health access to be applied across the state, including goals relating to:

 

(A) methods to objectively measure positive school climate;

 

(B) increasing the availability of early, effective school-based or school-connected mental health interventions and resources for students in need of additional support; and

 

(C) increasing the availability of referrals for students and families to specialized services for students in need of additional support outside the school;

 

(5) a list of actions the commissioner is authorized to take without legislative action to help all districts reach TEA's goals described by the plan; and

 

(6) recommendations to the legislature on methods to ensure that all districts can meet TEA's goals described in the plan through legislative appropriations or other action by the legislature.

 

(b) Requires TEA, in developing TEA's goals under Subsection (a)(4), to consult with any person TEA believes is necessary to the development of the goals, including:

 

(1) educators;

 

(2) mental health practitioners;

 

(3) advocacy groups; and

 

(4) parents.

 

(c) Requires TEA to revise the plan not later than April 1 of each even-numbered year.

 

(d) Requires TEA, as soon as practicable after completing or revising the plan, to:

 

(1) submit an electronic copy of the plan to the legislature;

 

(2) post the plan on TEA's Internet website; and

 

(3) hold public meetings in each ESC's region to present the statewide plan and to provide an opportunity for public comment at each meeting.

 

Sec. 38.255. AGENCY USE OF STATEWIDE PLAN. (a) Requires TEA to use the statewide plan for student mental health required by Section 38.254 to develop and revise TEA's long-term strategic plan.

 

(b) Requires TEA to use the recommendations to the legislature required by Section 38.254(a)(6) to develop each TEA legislative appropriations request.

 

Sec. 38.256. REPORTS TO LEGISLATURE. Requires TEA, in addition to any other information required to be provided to the legislature under this chapter, not later than November 1 of each even-numbered year to provide to the legislature:

 

(1) a description of any changes TEA has made to the rubric required by Section 38.251; and

 

(2) an analysis of each region's progress toward meeting TEA's goals developed under Section 38.254.

 

SECTION 20. Amends Subchapter C, Chapter 42, Education Code, by adding Section 42.168, as follows:

 

Sec. 42.168. SCHOOL SAFETY ALLOTMENT. (a) Requires the commissioner, from funds appropriated for that purpose, to provide to a school district an annual allotment in the amount provided by appropriation for each student in average daily attendance.

 

(b) Requires funds allocated under this section to 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 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, including:

 

(i) providing mental health personnel and support;

 

(ii) providing behavioral health services; and

 

(iii) establishing threat reporting systems; and

 

(4) providing programs related to suicide prevention, intervention, and postvention.

 

(c) Authorizes a school district to use funds allocated under this section for equipment or software that is used for a school safety and security purpose and an instructional purpose, provided that the instructional use does not compromise the safety and security purpose of the equipment or software.

 

(d) Provides that a school district that is required to take action under Chapter 41 (Equalized Wealth Level) to reduce its wealth per student to the equalized wealth level is entitled to a credit, in the amount of the allotments to which the district is to receive as provided by appropriation, against the total amount required under Section 41.093 (Cost) for the district to purchase attendance credits.

 

(e) Authorizes the commissioner to adopt rules to implement this section.

 

SECTION 21. Amends Section 45.001(a), Education Code, as follows:

 

(a) Authorizes the governing board of an independent school district, including the city council or commission that has jurisdiction over a municipality controlled independent school district, the governing board of a rural high school district, and the commissioners court of a county, on behalf of each common school district under its jurisdiction, to:

 

(1) issue bonds for:

 

(A)-(B) makes no changes to these paragraphs;

 

(C) makes a nonsubstantive change to this paragraph;

 

(D) makes no changes to this paragraph;

 

(E) the retrofitting of school buses with emergency, safety, or security equipment; and

 

(F) the purchase or retrofitting of vehicles to be used for emergency, safety, or security purposes; and

 

(2) makes a nonsubstantive change to this subdivision.

 

SECTION 22. Amends Subtitle E, Title 2, Health and Safety Code, by adding Chapter 113, as follows:

 

CHAPTER 113. TEXAS CHILD MENTAL HEALTH CARE CONSORTIUM

 

SUBCHAPTER A. GENERAL PROVISIONS

 

Sec. 113.0001. DEFINITIONS. Defines "community mental health provider," "consortium," and "executive committee" for purposes of this chapter.

 

SUBCHAPTER B. CONSORTIUM

 

Sec. 113.0051. ESTABLISHMENT; PURPOSE. Provides that the Texas Child Mental Health Care Consortium (consortium) is established to:

 

(1) leverage the expertise and capacity of the health-related institutions of higher education listed in Section 113.0052(1) to address urgent mental health challenges and improve the mental health care system in this state in relation to children and adolescents; and

 

(2) enhance the state's ability to address mental health care needs of children and adolescents through collaboration of the health-related institutions of higher education listed in Section 113.0052(1).

 

Sec. 113.0052. COMPOSITION. Provides that the consortium is composed of:

 

(1) the following health-related institutions of higher education:

 

(A) Baylor College of Medicine;

 

(B) Texas A&M University System Health Science Center;

 

(C) Texas Tech University Health Sciences Center;

 

(D) Texas Tech University Health Sciences Center at El Paso;

 

(E) University of North Texas Health Science Center at Fort Worth;

 

(F) The Dell Medical School at The University of Texas at Austin;

 

(G) The University of Texas M.D. Anderson Cancer Center;

 

(H) The University of Texas Medical Branch at Galveston;

 

(I) The University of Texas Health Science Center at Houston;

 

(J) The University of Texas Health Science Center at San Antonio;

 

(K) The University of Texas Rio Grande Valley School of Medicine;

 

(L) The University of Texas Health Science Center at Tyler; and

 

(M) The University of Texas Southwestern Medical Center;

 

(2) HSSC;

 

(3) THECB;

 

(4) three nonprofit organizations that focus on mental health care, designated by a majority of the members described by Subdivision (1); and

 

(5) any other entity that the executive committee considers necessary.

 

Sec. 113.0053. ADMINISTRATIVE ATTACHMENT. Provides that the consortium is administratively attached to THECB for the purpose of receiving and administering appropriations and other funds under this chapter. Provides that SBOE is not responsible for providing to the consortium staff, human resources, contract monitoring, purchasing, or any other administrative support services.

 

SUBCHAPTER C. EXECUTIVE COMMITTEE

 

Sec. 113.0101. EXECUTIVE COMMITTEE COMPOSITION. (a) Provides that the consortium is governed by an executive committee composed of the following members:

 

(1) the chair of the academic department of psychiatry of each of the health-related institutions of higher education listed in Section 113.0052(1) or a licensed psychiatrist, including a child-adolescent psychiatrist, designated by the chair to serve in the chair's place;

 

(2) a representative of HHSC with expertise in the delivery of mental health care services, appointed by the executive commissioner of HHSC (executive commissioner);

 

(3) a representative of HHSC with expertise in mental health facilities, appointed by the executive commissioner;

 

(4) a representative of THECB, appointed by the commissioner of THECB;

 

(5) a representative of each nonprofit organization described by Section 113.0052(4) that is part of the consortium, designated by a majority of the members described by Subdivision (1);

 

(6) a representative of a hospital system in this state, designated by a majority of the members described by Subdivision (1); and

 

(7) any other representative designated:

 

(A) under Subsection (b); or

 

(B) by a majority of the members described by Subdivision (1) at the request of the executive committee.

 

(b) Authorizes the president of each of the health-related institutions of higher education listed in Section 113.0052(1) to designate a representative to serve on the executive committee.

 

Sec. 113.0102. VACANCY. Requires a vacancy on the executive committee to be filled in the same manner as the original appointment.

 

Sec. 113.0103. PRESIDING OFFICER. Requires the executive committee to elect a presiding officer from among the membership of the executive committee.

 

Sec. 113.0104. STATEWIDE BEHAVIORAL HEALTH COORDINATING COUNCIL. Requires the consortium to designate a member of the executive committee to represent the consortium on the statewide behavioral health coordinating council.

 

Sec. 113.0105. GENERAL DUTIES. Requires the executive committee to:

 

(1) coordinate the provision of funding to the health-related institutions of higher education listed in Section 113.0052(1) to carry out the purposes of this chapter;

 

(2) establish procedures and policies for the administration of funds under this chapter;

 

(3) monitor funding and agreements entered into under this chapter to ensure recipients of funding comply with the terms and conditions of the funding and agreements; and

 

(4) establish procedures to document compliance by executive committee members and staff with applicable laws governing conflicts of interest.

 

SUBCHAPTER D. ACCESS TO CARE

 

Sec. 113.0501. CHILD PSYCHIATRY ACCESS NETWORK AND TELEMEDICINE AND TELEHEALTH PROGRAMS. (a) Requires the consortium to establish a network of comprehensive child psychiatry access centers. Requires a center established under this section to:

 

(1) be located at a health-related institution of higher education listed in Section 113.0052(1); and

 

(2) provide consultation services and training opportunities for pediatricians and primary care providers operating in the center's geographic region to better care for children and youth with behavioral health needs.

 

(b) Requires the consortium to establish or expand telemedicine or telehealth programs for identifying and assessing behavioral health needs and providing access to mental health care services. Requires the consortium to implement this subsection with a focus on the behavioral health needs of at-risk children and adolescents.

 

(c) Authorizes a health-related institution of higher education listed in Section 113.0052(1) to enter into a memorandum of understanding with a community mental health provider to:

 

(1) establish a center under Subsection (a); or

 

(2) establish or expand a program under Subsection (b).

 

(d) Requires the consortium to leverage the resources of a hospital system under Subsection (a) or (b) if the hospital system:

 

(1) provides consultation services and training opportunities for pediatricians and primary care providers that are consistent with those described by Subsection (a); and

 

(2) has an existing telemedicine or telehealth program for identifying and assessing the behavioral health needs of and providing access to mental health care services for children and adolescents.

 

Sec. 113.0152. CONSENT REQUIRED FOR SERVICES TO MINOR. (a) Authorizes a person to provide mental health care services to a child younger than 18 years of age through a program established under this subchapter only if the person obtains the written consent of the parent or legal guardian of the child.

 

(b) Requires a consortium to develop and post on its Internet website a model form for a parent or legal guardian to provide consent under this section.

 

(c) Provides that this section does not apply to services provided by a school counselor in accordance with Section 33.005 (Developmental Guidance and Counseling Programs), 33.006 (School Counselors; General Duties), or 33.007 (Counseling Regarding Postsecondary Education), Education Code.

 

Sec. 113.0153. REIMBURSEMENT FOR SERVICES. Prohibits a child psychiatry access center established under Section 113.0151(a) from submitting an insurance claim or charging a pediatrician or primary care provider a fee for providing consultation services or training opportunities under this section.

 

SUBCHAPTER E. CHILD MENTAL HEALTH WORKFORCE

 

Sec. 113.0201. CHILD PSYCHIATRY WORKFORCE EXPANSION. (a) Authorizes the executive committee to provide funding to a health-related institution of higher education listed in Section 113.0052(1) for the purpose of funding:

 

(1) two full-time psychiatrists who treat children and adolescents to serve as academic medical director at a facility operated by a community mental health provider; and

 

(2) two new resident rotation positions.

 

(b) Requires an academic medical director described by Subsection (a) to collaborate and coordinate with a community mental health provider to expand the amount and availability of mental health care resources by developing training opportunities for residents and supervising residents at a facility operated by the community mental health provider.

 

(c) Requires an institution of higher education that receives funding under Subsection (a) to require that psychiatric residents participate in rotations through the facility operated by the community mental health provider in accordance with Subsection (b).

 

Sec. 113.0202. CHILD AND ADOLESCENT PSYCHIATRY FELLOWSHIP. (a) Authorizes the executive committee to provide funding to a health-related institution of higher education listed in Section 113.0052(1) for the purpose of funding a physician fellowship position that will lead to a medical specialty in the diagnosis and treatment of psychiatric and associated behavioral health issues affecting children and adolescents.

 

(b) Requires the funding provided to a health-related institution of higher education under this section to be used to increase the number of fellowship positions at the institution and prohibits the funding from being used to replace existing funding for the institution.

 

SUBCHAPTER F. MISCELLANEOUS PROVISIONS

 

Sec. 113.0251. BIENNIAL REPORT. Requires the consortium, not later than December 1 of each even-numbered year, to prepare and submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the standing committee of each house of the legislature with primary jurisdiction over behavioral health issues and post on its Internet website a written report that outlines:

 

(1) the activities and objectives of the consortium;

 

(2) the health-related institutions of higher education listed in Section 113.0052(1) that receive funding by the executive committee; and

 

(3) any legislative recommendations based on the activities and objectives described by Subdivision (1).

 

Sec. 113.0252. APPROPRIATION CONTINGENCY. Provides that the consortium is required to implement a provision of this chapter only if the legislature appropriates money specifically for that purpose. Authorizes, but does not require, the consortium, if the legislature does not appropriate money specifically for that purpose, to implement a provision of this chapter.

 

SECTION 23. Amends Section 161.325(d), Health and Safety Code, as follows:

 

(d) Authorizes a school district to develop practices and procedures concerning each area listed in Subsection (a-1), including mental health promotion and intervention, substance abuse prevention and intervention, and suicide prevention, that:

 

(1) include a procedure for providing educational material to all parents and families in the district that contains information on identifying risk factors, accessing resources for treatment or support provided on and off campus, and accessing available student accommodations provided on campus;

 

(2) creates this subdivision from existing text and redesignates existing Subdivisions (2)�(4) as Subdivisions (3)�(5); and

 

(3)�(5) makes no further changes to these subdivisions.

 

SECTION 24. Amends Section 1701.263(b), Occupations Code, as follows:

 

(b) Requires the Texas Commission on Law Enforcement (TCOLE) by rule to require a school district peace officer or a school resource officer who is commissioned by or who provides law enforcement at a school district to successfully complete an education and training program described by this section before or within 180 days of the officer's commission by or placement in the district or a campus of the district, rather than requiring TCOLE by rule to require a school district peace officer or a school resource officer who is commissioned by or who provides law enforcement at a school district with an enrollment of 30,000 or more students to successfully complete an education and training program described by this section before or within 120 days of the officer's commission by or placement in the district or a campus of the district.

 

SECTION 25. Requires the commissioner, from funds appropriated for that purpose, to establish and administer a grant program to award grants to local education agencies to improve and maintain student and school safety.

 

SECTION 26. Requires that, not later than January 1, 2020:

 

(1) TxSCC develop a list of best practices for ensuring the safety of public school students receiving instruction in portable buildings, and provide information regarding the list of best practices to school districts using portable buildings for student instruction;

 

(2) the commissioner adopt or amend rules as required by Section 7.061, Education Code, as added by this Act; and

 

(3) the commissioner, in consultation with TxSCC and the state fire marshal, adopt rules as required by Section 37.114, Education Code, as added by this Act.

 

SECTION 27. (a) Requires TEA, not later than December 1, 2019, to develop and distribute to each ESC the rubric required by Section 38.251, Education Code, as added by this Act.

 

(b) Requires each ESC, not later than March 1, 2020, to complete the regional inventory of mental health resources required by Section 38.252, Education Code, as added by this Act, and report to TEA on the resources identified through the inventory and requires TEA, not later than March 1, 2020, to complete the statewide inventory of mental health resources required by Section 38.253, Education Code, as added by this Act, and develop a list of resources available to school districts statewide to address the mental health of students.

 

(c) Requires TEA, not later than April 1, 2020, to develop the statewide plan for student mental health required by Section 38.254, Education Code, as added by this Act, submit an electronic copy of the plan to the legislature, and post the plan on TEA's Internet website.

 

SECTION 28. Requires the executive commissioner, the commissioner of THECB, and the members of the executive committee described by Section 113.0101(a)(1), Health and Safety Code, as added by this Act, as soon as practicable after the effective date of this Act, to make the appointments and designations required by Section 113.0101, Health and Safety Code, as added by this Act,

 

SECTION 29. (a) Requires a school district peace officer or school resource officer who commences employment with or commences providing law enforcement at a school district with an enrollment of fewer than 30,000 students on a date occurring before September 1, 2019, notwithstanding Section 1701.263(b), Occupations Code, as amended by this Act, to complete the training required by Section 1701.263, Occupations Code, as amended by this Act, as soon as practicable and not later than August 31, 2020. Provides that this subsection does not apply to an officer who is exempt from the training established under Section 1701.263, Occupations Code, as amended by this Act, because the officer has completed the training described by Subsection (b-1) of that section.

 

(b) Requires a school district with an enrollment of fewer than 30,000 students, not later than October 1, 2019, to adopt the training policy for school district peace officers and school resource officers required by Section 37.0812, Education Code, as amended by this Act.

 

SECTION 30. Provides that Sections 28.002 and 28.004(c), Education Code, as amended by this Act, apply beginning with the 2019�2020 school year.

 

SECTION 31. Provides that TEA and TxSCC are required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. Authorizes, but does not require, TEA or TxSCC, if the legislature does not appropriate money specifically for that purpose, to, implement a provision of this Act using other appropriations available for that purpose.

 

SECTION 32. Provides that, to the extent of any conflict, this Act prevails over another Act of the 86th Legislature, Regular Session, 2019, relating to nonsubstantive additions to and corrections in enacted codes.

 

SECTION 33. Effective date: upon passage or September 1, 2019.