88R2403 MEW-D
  By: González of El Paso H.B. No. 195
  relating to provisions and plans by public schools to ensure the
  safety of individuals with disabilities during a disaster or
  emergency situation.
         SECTION 1.  Section 12.104(b), Education Code, as amended by
  Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.
  2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular
  Session, 2021, is reenacted and amended to read as follows:
         (b)  An open-enrollment charter school is subject to:
               (1)  a provision of this title establishing a criminal
               (2)  the provisions in Chapter 554, Government Code;
               (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
                     (E)  high school graduation requirements under
  Section 28.025;
                     (F)  special education programs under Subchapter
  A, Chapter 29;
                     (G)  bilingual education under Subchapter B,
  Chapter 29;
                     (H)  prekindergarten programs under Subchapter E
  or E-1, Chapter 29, except class size limits for prekindergarten
  classes imposed under Section 25.112, which do not apply;
                     (I)  extracurricular activities under Section
                     (J)  discipline management practices or behavior
  management techniques under Section 37.0021;
                     (K)  health and safety under Chapter 38;
                     (L)  the provisions of Subchapter A, Chapter 39;
                     (M)  public school accountability and special
  investigations under Subchapters A, B, C, D, F, G, and J, Chapter
  39, and Chapter 39A;
                     (N)  the requirement under Section 21.006 to
  report an educator's misconduct;
                     (O)  intensive programs of instruction under
  Section 28.0213;
                     (P)  the right of a school employee to report a
  crime, as provided by Section 37.148;
                     (Q)  bullying prevention policies and procedures
  under Section 37.0832;
                     (R)  the right of a school under Section 37.0052
  to place a student who has engaged in certain bullying behavior in a
  disciplinary alternative education program or to expel the student;
                     (S)  the right under Section 37.0151 to report to
  local law enforcement certain conduct constituting assault or
                     (T)  a parent's right to information regarding the
  provision of assistance for learning difficulties to the parent's
  child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
                     (U)  establishment of residency under Section
                     (V)  school safety requirements under Sections
  37.108, 37.1081, 37.1082, 37.1083, 37.109, 37.113, 37.114,
  37.1141, 37.115, 37.207, and 37.2071;
                     (W)  the early childhood literacy and mathematics
  proficiency plans under Section 11.185;
                     (X)  the college, career, and military readiness
  plans under Section 11.186; and
                     (Y) [(X)]  parental options to retain a student
  under Section 28.02124.
         SECTION 2.  Subchapter A, Chapter 29, Education Code, is
  amended by adding Section 29.0053 to read as follows:
  PLAN.  (a)  In this section:
               (1)  "Committee" means a committee established under
  Section 29.005(a).
               (2)  "Section 504 plan" means a plan created under
  Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794).
               (3)  "Team" means an individualized education program
  team, as defined by 20 U.S.C. Section 1414(d)(1)(B), established
  for a student under Section 504, Rehabilitation Act of 1973 (29
  U.S.C. Section 794).
         (b)  In developing or modifying an individualized education
  program or a Section 504 plan for a student, the student's committee
  or team, as applicable, shall consider and, if appropriate, address
  in the student's program or plan any necessary accommodations that
  the student will need during a disaster or emergency situation.
         SECTION 3.  Section 37.108(f), Education Code, is amended to
  read as follows:
         (f)  A school district shall include in its multihazard
  emergency operations plan:
               (1)  a chain of command that designates the individual
  responsible for making final decisions during a disaster or
  emergency situation and identifies other individuals responsible
  for making those decisions if the designated person is unavailable;
               (2)  provisions that address physical and
  psychological safety for responding to a natural disaster, active
  shooter, and any other dangerous scenario identified for purposes
  of this section by the agency or the Texas School Safety Center;
               (3)  provisions for ensuring the safety of students in
  portable buildings;
               (4)  provisions for ensuring that students and district
  personnel with disabilities are provided equal access to safety
  during a disaster or emergency situation based on the guidelines
  established by the agency under Section 37.1083;
               (5)  provisions for providing immediate notification
  to parents, guardians, and other persons standing in parental
  relation in circumstances involving a significant threat to the
  health or safety of students, including identification of the
  individual with responsibility for overseeing the notification;
               (6)  provisions for supporting the psychological
  safety of students, district personnel, and the community during
  the response and recovery phase following a disaster or emergency
  situation that:
                     (A)  are aligned with best practice-based
  programs and research-based practices recommended under Section
                     (B)  include strategies for ensuring any required
  professional development training for suicide prevention and
  grief-informed and trauma-informed care is provided to appropriate
  school personnel;
                     (C)  include training on integrating
  psychological safety and suicide prevention strategies into the
  district's plan, such as psychological first aid for schools
  training, from an approved list of recommended training established
  by the commissioner and Texas School Safety Center for:
                           (i)  members of the district's school safety
  and security committee under Section 37.109;
                           (ii)  district school counselors and mental
  health professionals; and
                           (iii)  educators and other district
  personnel as determined by the district;
                     (D)  include strategies and procedures for
  integrating and supporting physical and psychological safety that
  align with the provisions described by Subdivision (2); and
                     (E)  implement trauma-informed policies;
               (7)  a policy for providing a substitute teacher access
  to school campus buildings and materials necessary for the
  substitute teacher to carry out the duties of a district employee
  during an emergency or a mandatory emergency drill; and
               (8)  the name of each individual on the district's
  school safety and security committee established under Section
  37.109 and the date of each committee meeting during the preceding
         SECTION 4.  Subchapter D, Chapter 37, Education Code, is
  amended by adding Section 37.1083 to read as follows:
  The agency, in consultation with advocacy groups representing
  individuals with disabilities, shall establish guidelines for the
  required provisions in a school district's multihazard emergency
  operations plan under Section 37.108(f)(4) to ensure the safety of
  students and district personnel with disabilities during a disaster
  or emergency situation.
         (b)  A school district must follow the guidelines
  established by the agency under Subsection (a) in adopting and
  implementing the district's multihazard emergency operations plan
  under Section 37.108.
         SECTION 5.  As soon as practicable after the effective date
  of this Act but not later than December 1, 2023, the Texas Education
  Agency shall establish guidelines for multihazard emergency
  operations plan provisions for individuals with disabilities as
  required by Section 37.1083, Education Code, as added by this Act.
         SECTION 6.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 7.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.