| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to active shooter drills conducted by public schools. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter D, Chapter 37, Education Code, is |
|
|
amended by adding Section 37.1141 to read as follows: |
|
|
Sec. 37.1141. ACTIVE SHOOTER DRILL REQUIREMENTS. (a) |
|
|
Before a school district may conduct an active shooter drill, the |
|
|
district must adopt a policy on active shooter drills that complies |
|
|
with this section. |
|
|
(b) The policy must: |
|
|
(1) prohibit an active shooter drill from including |
|
|
simulations that mimic or appear to be an actual shooting incident; |
|
|
(2) require that adequate notice of an active shooter |
|
|
drill be provided to parents of students expected to participate in |
|
|
the drill, including information regarding: |
|
|
(A) the date on which the drill will occur; and |
|
|
(B) the content, form, and tone of the drill; |
|
|
(3) require the announcement of an active shooter |
|
|
drill to students and faculty before the start of the drill; |
|
|
(4) establish standards regarding the content of an |
|
|
active shooter drill, including that the content: |
|
|
(A) be age appropriate and developmentally |
|
|
appropriate; |
|
|
(B) be developed by a team of school |
|
|
administrators, teachers, school-based mental health |
|
|
professionals, and law enforcement officers, with input from |
|
|
parents and students; and |
|
|
(C) incorporate trauma-informed practices to |
|
|
directly address the well-being of students who participate in the |
|
|
drill; and |
|
|
(5) provide for the tracking of data regarding the |
|
|
efficacy and impact of active shooter drills conducted by the |
|
|
district, including any symptoms or indicators of trauma among |
|
|
student participants that result from such a drill. |
|
|
SECTION 2. Section 12.104(b), Education Code, as amended by |
|
|
Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), and 943 |
|
|
(H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, is |
|
|
reenacted and amended to read as follows: |
|
|
(b) An open-enrollment charter school is subject to: |
|
|
(1) a provision of this title establishing a criminal |
|
|
offense; |
|
|
(2) the provisions in Chapter 554, Government Code; |
|
|
and |
|
|
(3) a prohibition, restriction, or requirement, as |
|
|
applicable, imposed by this title or a rule adopted under this |
|
|
title, relating to: |
|
|
(A) the Public Education Information Management |
|
|
System (PEIMS) to the extent necessary to monitor compliance with |
|
|
this subchapter as determined by the commissioner; |
|
|
(B) criminal history records under Subchapter C, |
|
|
Chapter 22; |
|
|
(C) reading instruments and accelerated reading |
|
|
instruction programs under Section 28.006; |
|
|
(D) accelerated instruction under Section |
|
|
28.0211; |
|
|
(E) high school graduation requirements under |
|
|
Section 28.025; |
|
|
(F) special education programs under Subchapter |
|
|
A, Chapter 29; |
|
|
(G) bilingual education under Subchapter B, |
|
|
Chapter 29; |
|
|
(H) prekindergarten programs under Subchapter E |
|
|
or E-1, Chapter 29; |
|
|
(I) extracurricular activities under Section |
|
|
33.081; |
|
|
(J) discipline management practices or behavior |
|
|
management techniques under Section 37.0021; |
|
|
(K) health and safety under Chapter 38; |
|
|
(L) public school accountability under |
|
|
Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A; |
|
|
(M) the requirement under Section 21.006 to |
|
|
report an educator's misconduct; |
|
|
(N) intensive programs of instruction under |
|
|
Section 28.0213; |
|
|
(O) the right of a school employee to report a |
|
|
crime, as provided by Section 37.148; |
|
|
(P) bullying prevention policies and procedures |
|
|
under Section 37.0832; |
|
|
(Q) the right of a school under Section 37.0052 |
|
|
to place a student who has engaged in certain bullying behavior in a |
|
|
disciplinary alternative education program or to expel the student; |
|
|
(R) the right under Section 37.0151 to report to |
|
|
local law enforcement certain conduct constituting assault or |
|
|
harassment; |
|
|
(S) a parent's right to information regarding the |
|
|
provision of assistance for learning difficulties to the parent's |
|
|
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); |
|
|
(T) establishment of residency under Section |
|
|
25.001; |
|
|
(U) [(T)] school safety requirements under |
|
|
Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, |
|
|
37.1141, 37.115, 37.207, and 37.2071; |
|
|
(V) [(T)] the early childhood literacy and |
|
|
mathematics proficiency plans under Section 11.185; and |
|
|
(W) [(U)] the college, career, and military |
|
|
readiness plans under Section 11.186. |
|
|
SECTION 3. This Act applies beginning with the 2021-2022 |
|
|
school year. |
|
|
SECTION 4. To the extent of any conflict, this Act prevails |
|
|
over another Act of the 87th Legislature, Regular Session, 2021, |
|
|
relating to nonsubstantive additions to and corrections in enacted |
|
|
codes. |
|
|
SECTION 5. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2021. |