86R6153 TSS-D

By: Zaffirini S.B. No. 1967

A BILL TO BE ENTITLED

AN ACT

relating to the duties of the Texas School Safety Center and school districts regarding public school safety and security.

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

SECTION 1. Section 11.159, Education Code, is amended by adding Subsection (e) to read as follows:

(e) The State Board of Education shall require a trustee to complete the online training provided by the Texas School Safety Center on school safety and security under Section 37.205 not later than the 30th day after the trustee's election or appointment.

SECTION 2. Section 37.0812, Education Code, is amended to read as follows:

Sec. 37.0812. TRAINING POLICY: SCHOOL DISTRICT PEACE OFFICERS AND SCHOOL RESOURCE OFFICERS. 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 3. Sections 37.108(a), (b), and (c), Education Code, are amended to read as follows:

(a) Each school district or public junior college district shall adopt and implement a multihazard emergency operations plan for use in the district's facilities. The plan must address mitigation, preparedness, response, and recovery as defined by the commissioner of education or commissioner of higher education in conjunction with the governor's office of homeland security. The plan must provide for:

(1) district employee training in responding to an emergency;

(2) if the plan applies to a school district:

(A) [,] mandatory school drills and exercises to prepare district students and employees for responding to an emergency; and

(B) establishment of memoranda of understanding or mutual aid agreements with entities identified in accordance with Section 37.2121(a) that comply with the guidelines developed by the Texas School Safety Center under Section 37.2121(b);

(3) measures to ensure coordination with the Department of State Health Services and local emergency management agencies, law enforcement, health departments, and fire departments in the event of an emergency; and

(4) the implementation of a safety and security audit as required by Subsection (b).

(b) At least once every two [three] years, each school district or public junior college district shall conduct a safety and security audit of the district's facilities. To the extent possible, a district shall follow safety and security audit procedures developed by the Texas School Safety Center or a comparable public or private entity.

(c) A school district or public junior college district shall report the results of the safety and security audit conducted under Subsection (b) to the district's board of trustees and, in the manner required by the Texas School Safety Center, to the Texas School Safety Center. The report provided under this subsection must include the information required by Section 37.2121(d) regarding each memorandum of understanding or mutual aid agreement entered into by the district addressing school safety and security.

SECTION 4. Section 37.205, Education Code, is amended to read as follows:

Sec. 37.205. SAFETY TRAINING PROGRAMS. The center shall conduct for school districts a safety training program that includes:

(1) development of a positive school environment and proactive safety measures designed to address local concerns;

(2) school safety courses for law enforcement officials, with a focus on school district police officers and school resource officers;

(3) discussion of school safety issues with parents and community members; [and]

(4) assistance in developing a multihazard emergency operations plan for adoption under Section 37.108;

(5) courses and other training materials and resources for school counselors regarding the role of student mental health in providing a safe school environment; and

(6) an online training course for members of a school district board of trustees that includes information regarding:

(A) a trustee's responsibilities for school safety and security; and

(B) the resources available from the center to assist districts with school safety and security.

SECTION 5. Section 37.207(b), Education Code, is amended to read as follows:

(b) Each school district shall report the results of its audits and the information required by Section 37.2121(d) to the center in the manner required by the center.

SECTION 6. Subchapter G, Chapter 37, Education Code, is amended by adding Sections 37.2071 and 37.2072 to read as follows:

Sec. 37.2071. SAFETY AND SECURITY AUDIT REVIEW. (a) The center shall review the results of each school district's audit and determine if a school district is:

(1) using best practices regarding the safety and security of district facilities; and

(2) complying with all applicable standards.

(b) If the center makes a determination under Subsection (a) that a school district is not using best practices or is not in compliance with applicable standards, the center shall:

(1) notify the district and provide specific information explaining the reasons for the center's determination;

(2) provide recommendations for the improvement of the district's facilities; and

(3) provide technical and on-site assistance to the district in making improvements.

(c) If a school district has, within the previous four years, failed to comply with applicable standards, as determined by the center under Subsection (a)(2), the center may:

(1) conduct periodic on-site visits to ensure the district is making necessary changes; and

(2) provide recommendations to the district for further improvement.

Sec. 37.2072. STUDY ON AVAILABILITY OF SCHOOL SAFETY AND SECURITY INFORMATION. (a) The center shall conduct a study to determine the appropriate method for a school district to provide the district's safety and security standards and plans to a student or a student's parent or guardian without exposing the district's security vulnerabilities or any confidential details.

(b) Not later than September 1, 2020, the center shall submit a report to the legislature that includes the results of the study and any recommendations for legislative or other action.

(c) This section expires September 1, 2021.

SECTION 7. Section 37.2121, Education Code, is amended by amending Subsection (d) and adding Subsection (d-1) to read as follows:

(d) Each school district shall include with the district's safety and security audit report required by Section 37.108(c), or provide at any time requested by the center, information regarding any [that enters into a] memorandum of understanding or mutual aid agreement adopted by the district addressing [issues that affect] school safety and security. The report must include [shall, at the center's request, provide] the following information [to the center]:

(1) the name of each entity with which the school district has entered into a memorandum of understanding or mutual aid agreement;

(2) the effective date of each memorandum or agreement; and

(3) a summary of each memorandum or agreement.

(d-1) If, based on information provided by a school district under Subsection (d), the center determines that a school district has not entered into an appropriate memorandum of understanding or mutual aid agreement with entities identified in accordance with Subsection (a) that complies with the guidelines developed under Subsection (b), the center shall notify the district and assist the district in establishing an appropriate memorandum of understanding or mutual aid agreement.

SECTION 8. Section 1701.263(b), Occupations Code, is amended to read as follows:

(b) The commission by rule shall 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. The program must:

(1) consist of at least 16 hours of training;

(2) be approved by the commission; and

(3) provide training in accordance with the curriculum developed under Section 1701.262 in each subject area listed in Subsection (c) of that section.

SECTION 9. Section 37.2121(c), Education Code, is repealed.

SECTION 10. (a) As soon as practicable after the effective date of this Act, the Texas School Safety Center shall develop and make available the online training course for members of a school district board of trustees as required by Section 37.205, Education Code, as amended by this Act.

(b) A person elected or appointed to the board of trustees of a school district on a date occurring before the online training course is made available must complete the training required by Section 11.159(e), Education Code, as added by this Act, not later than the 30th day after the date on which the Texas School Safety Center makes the online training course available.

SECTION 11. (a) Notwithstanding Section 1701.263(b), Occupations Code, as amended by this Act, 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, shall 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. 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) Not later than October 1, 2019, a school district with an enrollment of fewer than 30,000 students shall 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 12. This Act takes effect September 1, 2019.