88R29639 ANG-D

By: Nichols, et al. S.B. No. 11

(King of Hemphill)

Substitute the following for S.B. No. 11: No.

A BILL TO BE ENTITLED

AN ACT

relating to measures for ensuring safety and security in public schools, including measures related to the health and safety of public school students and active shooter training for certain peace officers.

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

SECTION 1. Section 7.028(a), Education Code, is amended to read as follows:

(a) Except as provided by Section 21.006(k), 22.093(l), 22.096, 28.006, 29.001(5), 29.010(a), 33.006(h), 37.1083, 38.003, or 39.003, the agency may monitor compliance with requirements applicable to a process or program provided by a school district, campus, program, or school granted charters under Chapter 12, including the process described by Subchapter F, Chapter 11, or a program described by Subchapter B, C, D, E, F, H, or I, Chapter 29, or Subchapter A, Chapter 37, only as necessary to ensure:

(1) compliance with federal law and regulations;

(2) financial accountability, including compliance with grant requirements;

(3) data integrity for purposes of:

(A) the Public Education Information Management System (PEIMS); and

(B) accountability under Chapters 39 and 39A; and

(4) qualification for funding under Chapter 48.

SECTION 2. Sections 7.061(b) and (c), Education Code, are amended to read as follows:

(b) The commissioner shall adopt or amend rules as necessary to ensure that facilities [building] standards for instructional facilities and other school district and open-enrollment charter school facilities, including construction quality, performance, operational, and other standards related to the safety and security of school facilities, provide a secure and safe environment. In adopting or amending rules under this section, the commissioner shall include the use of best practices for:

(1) the design and construction of new facilities; and

(2) the improvement, renovation, and retrofitting of existing facilities.

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

(1) in consultation with the Texas School Safety Center, identify and adopt any changes recommended under Section 37.221; and

(2) require that new and, to the extent feasible, existing school facilities meet or exceed the standards established by rule under this section and described by Section 37.351.

SECTION 3. Subchapter B, Chapter 8, Education Code, is amended by adding Section 8.064 to read as follows:

Sec. 8.064. SCHOOL SAFETY SUPPORT. A regional education service center shall act as a school safety resource, using materials and resources developed by the Texas School Safety Center or the agency in accordance with Chapter 37, for school districts and open-enrollment charter schools in the region served by the center. The center may assist a school district or open-enrollment charter school directly or in collaboration with the Texas School Safety Center and local law enforcement agencies, as applicable:

(1) in developing and implementing a multihazard emergency operations plan under Section 37.108;

(2) in establishing a school safety and security committee under Section 37.109;

(3) in conducting emergency school drills and exercises;

(4) in addressing deficiencies in campus security identified by an on-site audit conducted by the agency under Section 37.1083; and

(5) by providing guidance on any other matter relating to school safety and security.

SECTION 4. Section 11.201(c), Education Code, is amended to read as follows:

(c) For purposes of this subsection, "severance payment" means any amount paid by the board of trustees of an independent school district to or in behalf of a superintendent on early termination of the superintendent's contract that exceeds the amount earned by the superintendent under the contract as of the date of termination, including any amount that exceeds the amount of earned standard salary and benefits that is paid as a condition of early termination of the contract. The board of trustees may not make a severance payment to a superintendent who was terminated as a result of the district's noncompliance with safety and security requirements as provided by Section 37.1084. The board of trustees that makes a severance payment to a superintendent shall report the terms of the severance payment to the commissioner. The commissioner shall reduce the district's Foundation School Program funds by any amount that the amount of the severance payment to the superintendent exceeds an amount equal to one year's salary and benefits under the superintendent's terminated contract. The commissioner may adopt rules as necessary to administer this subsection.

SECTION 5. 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 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, except class size limits for prekindergarten classes imposed under Section 25.112, which do not apply;

(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) 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 harassment;

(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 25.001;

(V) school safety requirements under Sections 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and 37.2071 and Subchapter J, Chapter 37;

(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 6. Subchapter Z, Chapter 22, Education Code, is amended by adding Section 22.904 to read as follows:

Sec. 22.904. MENTAL HEALTH FIRST AID TRAINING. (a) Except as otherwise provided by this section, a school district shall require each district employee who regularly interacts with students enrolled at the district to complete an evidence-based mental health first aid training program designed to provide instruction to participants regarding the recognition and support of children and youth who experience a mental health or substance use issue that may pose a threat to school safety.

(b) A school district may not require a district employee who has previously completed mental health first aid training offered by a local mental health authority under Section 1001.203, Health and Safety Code, to complete the training required by this section.

(c) The agency shall provide an allotment to each school district equal to the sum of the amount district employees spent on travel and training fees and the product of each employee's hourly salary multiplied by the number of hours that employee spent completing the training in accordance with commissioner rule to comply with this section. An allotment provided to a district under this section must be used to reimburse the employee for the cost of travel and training fees and to compensate the employee for the time spent completing the training required by this section.

(d) The State Board for Educator Certification shall propose rules allowing an educator to receive credit toward the educator's continuing education requirements under Section 21.054(g) for the educator's participation in mental health first aid training under this section.

(e) The commissioner shall adopt rules to implement this section, including rules specifying the training fees and travel expenses subject to reimbursement under Subsection (c).

SECTION 7. Section 25.002(a), Education Code, is amended to read as follows:

(a) If a parent or other person with legal control of a child under a court order enrolls the child in a public school, the parent or other person or the school district in which the child most recently attended school shall furnish to the school district:

(1) the child's birth certificate or another document suitable as proof of the child's identity;

(2) a copy of the child's records from the school the child most recently attended if the child has been previously enrolled in a school in this state or another state, including for a child who most recently attended a public school in this state, a copy of the child's disciplinary record and any threat assessment involving the child's behavior conducted under Section 37.115; and

(3) a record showing that the child has the immunizations as required under Section 38.001, in the case of a child required under that section to be immunized, proof as required by that section showing that the child is not required to be immunized, or proof that the child is entitled to provisional admission under that section and under rules adopted under that section.

SECTION 8. Section 25.036, Education Code, is amended by adding Subsection (c) to read as follows:

(c) In the case of a transfer under this section, a child's school district of residence shall provide the receiving district with the child's disciplinary record and any threat assessment involving the child's behavior conducted under Section 37.115.

SECTION 9. Section 29.202(a), Education Code, is amended to read as follows:

(a) A student is eligible to receive a public education grant or to attend another public school in the district in which the student resides under this subchapter if the student is assigned to attend a public school campus:

(1) assigned an unacceptable performance rating that is made publicly available under Section 39.054; or

(2) determined by the commissioner to be noncompliant with safety and security requirements under Section 37.1084.

SECTION 10. Subchapter Z, Chapter 29, Education Code, is amended by adding Section 29.9074 to read as follows:

Sec. 29.9074. FENTANYL POISONING AWARENESS WEEK. (a) To educate students about the dangers posed by the drug fentanyl and the risks of fentanyl poisoning, including overdose, the governor shall designate a week to be known as Fentanyl Poisoning Awareness Week in public schools.

(b) Fentanyl Poisoning Awareness Week may include age-appropriate instruction, including instruction on the prevention of the abuse of and addiction to fentanyl, as determined by each school district.

SECTION 11. Section 37.081, Education Code, is amended by amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3), and (a-4) to read as follows:

(a) The board of trustees of any school district may:

(1) employ or contract with security personnel;

(2) [,] enter into a memorandum of understanding with a local law enforcement agency or a county or municipality that is the employing political subdivision of commissioned peace officers for the provision of school resource officers;

(3) for the purposes of providing security personnel, contract with a security services contractor licensed under Chapter 1702, Occupations Code, for the provision of a commissioned security officer, as defined by Section 1702.002, Occupations Code, who has completed the Level II or III training course required by the Department of Public Safety; [,] and

(4) commission peace officers to carry out this subchapter.

(a-1) [If a board of trustees authorizes a person employed as security personnel to carry a weapon, the person must be a commissioned peace officer.] The jurisdiction of a peace officer, a school resource officer, or security personnel under this section shall be determined by the board of trustees and may include all territory in the boundaries of the school district and all property outside the boundaries of the district that is owned, leased, or rented by or otherwise under the control of the school district and the board of trustees that employ or contract with, as applicable, the peace officer or security personnel or that enter into a memorandum of understanding for the provision of a school resource officer.

(a-2) A memorandum of understanding for the provision of school resource officers entered into under Subsection (a) must:

(1) be in the form of an interlocal contract under Chapter 791, Government Code; and

(2) use a proportionate cost allocation methodology to address any costs or fees incurred by the school district or the local law enforcement agency, county, or municipality, as applicable.

(a-3) The cost allocation methodology used under Subsection (a-2)(2) may allow a local law enforcement agency, county, or municipality, as applicable, to recoup direct costs incurred as a result of the contract but may not allow the agency, county, or municipality to profit under the contract.

(a-4) A school district, local law enforcement agency, county, or municipality that enters into a memorandum of understanding under Subsection (a) may seek funding from federal, state, and private sources to support the cost of providing school resource officers under this section.

SECTION 12. Section 37.0812(a), Education Code, is amended to read as follows:

(a) A school district peace officer or school resource officer shall complete an active shooter response training program approved by the Texas Commission on Law Enforcement at least once in each four-year period.

SECTION 13. Subchapter C, Chapter 37, Education Code, is amended by adding Section 37.08121 to read as follows:

Sec. 37.08121. SCHOOL SENTINEL PROGRAM, TRAINING, AND STIPEND. (a) In this section, "school sentinel" means a school district or open-enrollment charter school employee who, pursuant to the written regulations or written authorization of the district or school under Section 46.03(a)(1)(A), Penal Code, is authorized to carry or possess a specified weapon for the purpose of providing safety and security on the physical premises of the employee's school, any grounds or building on which an activity sponsored by the school is being conducted, or a passenger transportation vehicle of the school.

(b) A school district or open-enrollment charter school may establish a school sentinel program in accordance with this section for the purposes of school safety and security on school premises. The written regulation or authorization of a school district or open-enrollment charter school that authorizes the presence of a school sentinel must require the sentinel to complete a school sentinel training program approved by the agency under this section before being permitted to carry or possess a weapon on the physical premises of the school for the purposes of providing safety and security.

(c) A school district or open-enrollment charter school that authorizes the presence of a school sentinel under this section shall:

(1) designate a marking or uniform that identifies to a law enforcement agency that the person is a school sentinel;

(2) require each school sentinel to wear a marking or uniform described by Subdivision (1) while providing school sentinel services at the district or school in the manner provided under Subsection (b); and

(3) maintain information regarding the marking or uniform designated under Subdivision (1) as confidential except that the district or school shall disclose the information to an appropriate law enforcement agency in accordance with Section 37.108(g).

(d) The agency may only approve a school sentinel training program if the program:

(1) requires completion of all training required for a school marshal, including the training program provided under Section 1701.260, Occupations Code; and

(2) includes instruction in mental health first aid and trauma-informed care.

(e) From funds appropriated or otherwise available for the purpose, a school district or open-enrollment charter school employee is entitled to a stipend in an amount determined by the commissioner of not more than $25,000 per school year that the employee serves as a school sentinel after completing the training program required by this section. A stipend received under this subsection is not considered a part of the employee's compensation, including for purposes of determining whether a school district is paying an employee the minimum monthly salary under Section 21.402.

(f) The commissioner shall adopt rules necessary to implement this section.

SECTION 14. Section 37.108, Education Code, is amended by amending Subsections (a), (b), (f), and (g) and adding Subsection (h) 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 prevention, mitigation, preparedness, response, and recovery as defined by the Texas School Safety Center in conjunction with the governor's office of homeland security, [and] the commissioner of education, and the [or] commissioner of higher education[, as applicable]. The plan must provide for:

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

(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 services and [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 communication 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;

(5) 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]

(6) the implementation of a safety and security audit as required by Subsection (b);

(7) documentation related to the district's compliance with safety and security facility standards, including:

(A) campus site plans;

(B) documentation of exterior door numbering for each campus; and

(C) any good cause exceptions claimed by the district under Section 37.352;

(8) evidence-based strategies to create a positive and safe school environment, including:

(A) family engagement programs;

(B) employee training on multi-tiered systems of support for academic and behavioral success;

(C) efforts to respond to chronic absenteeism;

(D) integrating the trauma-informed practices established by the district's trauma-informed care policy under Section 38.036; and

(E) opportunities for community feedback on the implementation of the measures required by this subdivision; and

(9) any other requirements established by the Texas School Safety Center in consultation with the agency.

(b) At least once every three years, each school district or public junior college district shall conduct a safety and security audit of the district's facilities. A [To the extent possible, a] district, or a person included in the registry established by the Texas School Safety Center under Section 37.2091 who is engaged by the district to conduct a safety and security audit, shall follow safety and security audit procedures developed by the Texas School Safety Center in coordination with the commissioner of education or commissioner of higher education, as applicable [or a person included in the registry established by the Texas School Safety Center under Section 37.2091].

(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;

(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 38.351;

(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 year; and

(9) certification that the district is in compliance with Section 37.117, requiring the district to provide the Department of Public Safety, local law enforcement agencies, and emergency first responders with an accurate map for all district campuses and school buildings.

(g) A school district shall include in its multihazard emergency operations plan an active shooter preparedness appendix. The active shooter preparedness appendix must include a certification by the district that the district has provided to each law enforcement agency with jurisdiction in the district or geographic area served by the district:

(1) information regarding the identity of the school sentinel authorized under Section 37.08121 at each district campus and the marking or uniform worn by the school sentinel or other manner in which a law enforcement agency may confidentially identify the school sentinel;

(2) an accurate map of each district campus that meets the requirements of Section 37.117; and

(3) an opportunity to conduct a walk-through of each district facility using the map of the district campus described by Subdivision (2). [a policy for responding to an active shooter emergency. The school district may use any available community resources in developing the policy described by this subsection.]

(h) The Texas School Safety Center and the agency shall provide school safety-related data collected by the center or agency to each other on request.

SECTION 15. Section 37.1081(a), Education Code, is amended to read as follows:

(a) If the board of trustees of a school district receives notice of noncompliance under Section 37.207(e) or 37.2071(d) or (g) [37.2071(g)], the board shall hold a public hearing to notify the public of:

(1) the district's failure to:

(A) submit or correct deficiencies in a multihazard emergency operations plan; or

(B) report the results of a safety and security audit to the Texas School Safety Center 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.

SECTION 16. The heading to Section 37.1082, Education Code, is amended to read as follows:

Sec. 37.1082. MULTIHAZARD EMERGENCY OPERATIONS PLAN NONCOMPLIANCE; APPOINTMENT OF AGENCY MONITOR, CONSERVATOR, OR BOARD OF MANAGERS.

SECTION 17. Sections 37.1082(a) and (b), Education Code, are amended to read as follows:

(a) If the agency receives notice from the Texas School Safety Center of a school district's failure to submit a multihazard emergency operations plan, the commissioner may appoint an agency monitor [a conservator] for the district under Chapter 39A. The agency monitor [conservator] may participate in and report to the agency on the district's adoption, implementation, and submission of [order the district to adopt, implement, and submit] a multihazard emergency operations plan.

(b) If a district fails to comply with an agency monitor's requests regarding the district's adoption, implementation, and submission of [a conservator's order to adopt, implement, and submit] a multihazard emergency operations plan within the time frame imposed by the commissioner, the commissioner may appoint a conservator or board of managers under Chapter 39A to oversee the operations of the district.

SECTION 18. Subchapter D, Chapter 37, Education Code, is amended by adding Sections 37.1083, 37.1084, 37.1085, and 37.1131 to read as follows:

Sec. 37.1083. AGENCY MONITORING OF SCHOOL DISTRICT SAFETY AND SECURITY REQUIREMENTS. (a) The agency shall monitor school district compliance with safety and security requirements, including by annually conducting on-site audits of school districts. The agency may conduct the on-site audits using a cycle of random selection. The on-site audits must be conducted in accordance with criteria developed by the agency in consultation with the Texas School Safety Center.

(b) The monitoring must include intruder detection audits of each school district to determine whether an intruder could gain unsecured, unauthorized access to a district campus. The agency shall ensure that an intruder detection audit is conducted annually at each school district and that the audit includes an on-site audit of not less than 25 percent of the district's campuses.

(c) The agency shall establish an office of school safety and security within the agency that consists of individuals with substantial expertise and experience in school or law enforcement safety and security operations and oversight at the local, state, or federal level to coordinate the agency's monitoring of school district safety and security requirements under this section. The director of the office is appointed by the governor and confirmed by the senate and must report directly to the commissioner.

(d) The agency shall, in coordination with the Texas School Safety Center, provide technical assistance to support implementation of school district multihazard emergency operations plans and safety and security audits and other school district safety and security requirements.

(e) The agency may use or require the use of third parties to conduct the monitoring required under this section.

(f) The agency and the Texas School Safety Center may identify, develop, and make available to school districts information to assist districts in the implementation and operation of safety and security requirements.

(g) The agency may require a school district to submit information necessary for the agency to conduct an on-site audit or otherwise monitor school district compliance with safety and security requirements under this section, including:

(1) notice of an event requiring a district's emergency response; and

(2) information regarding the district's response and use of emergency operations procedures during an event described by Subdivision (1).

(h) The agency may review school district records as necessary to ensure compliance with this subchapter and Subchapters G and J.

(i) Any document or information collected, identified, developed, or produced relating to the monitoring of school district safety and security requirements under this section is confidential under Sections 418.177 and 418.181, Government Code, and not subject to disclosure under Chapter 552, Government Code.

(j) The commissioner may adopt rules as necessary to administer this section.

Sec. 37.1084. ACTIONS BASED ON NONCOMPLIANCE WITH SAFETY AND SECURITY REQUIREMENTS. (a) For purposes of this section, the commissioner may determine that a school district or a campus of the district is noncompliant with the safety and security requirements under Section 37.1083 if the district fails to:

(1) submit to the required monitoring under that section;

(2) comply with applicable safety and security requirements; or

(3) address in a reasonable time period, as determined by commissioner rule, issues raised by the agency's monitoring of the district under that section.

(b) A student enrolled in a school district determined to be noncompliant under Subsection (a) is eligible to receive a public education grant to attend a school in a district other than the district in which the student resides as provided by Subchapter G, Chapter 29.

(c) If the superintendent or an administrator of a school district is terminated by the board of trustees of the district as a result of a determination that the district was noncompliant under Subsection (a), the board may not make a severance payment of any amount to the superintendent or administrator.

(d) The commissioner may adopt rules as necessary to implement this section.

Sec. 37.1085. ASSIGNMENT OF CONSERVATOR FOR NONCOMPLIANCE WITH SCHOOL SAFETY AND SECURITY REQUIREMENTS. (a) The commissioner may assign a conservator under Chapter 39A if a school district fails to:

(1) submit to any required monitoring or audit under Section 37.1083;

(2) comply with applicable safety and security requirements; or

(3) address in a reasonable time period, as determined by commissioner rule, issues raised by the agency's monitoring or audit of the district under Section 37.1083.

(b) A conservator assigned to a district under this section may exercise the powers and duties of a conservator under Section 39A.003 only to correct a failure identified under Subsection (a).

Sec. 37.1131. NOTIFICATION REGARDING VIOLENT ACTIVITY. (a) The agency shall develop model standards for providing notice regarding violent activity that has occurred or is being investigated at a school district campus or other district facility or at a district-sponsored activity to parents, guardians, and other persons standing in parental relation to students who are assigned to the campus, regularly use the facility, or are attending the activity, as applicable. The standards must:

(1) include electronic notification through text messaging and e-mail;

(2) provide an option for real-time notification; and

(3) protect student privacy.

(b) Each school district shall adopt a policy for providing notice described by Subsection (a) in a manner that meets the standards adopted under that subsection.

SECTION 19. Section 37.115, Education Code, is amended by amending Subsection (c) and adding Subsections (j-1) and (j-2) to read as follows:

(c) The board of trustees of each school district shall establish a threat assessment and safe and supportive school team to serve at each campus of the district and shall adopt policies and procedures for the teams. 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. The policies and procedures adopted under this section must:

(1) be consistent with the model policies and procedures developed by the Texas School Safety Center;

(2) require each team to complete training provided by the Texas School Safety Center or a regional education service center 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 the agency; and

(4) require each district campus to establish a clear procedure for a student to report concerning behavior exhibited by another student for assessment by the team or other appropriate school employee.

(j-1) Materials and information provided to or produced by a team during a threat assessment of a student under this section must be maintained in the student's school record until the student's 24th birthday.

(j-2) If a person destroys material or information described by Subsection (j-1) before the period of maintenance required under that subsection has expired, the board of trustees of a school district may not renew the person's employment contract with the school district.

SECTION 20. Subchapter D, Chapter 37, Education Code, is amended by adding Sections 37.116 and 37.117 to read as follows:

Sec. 37.116. SCHOOL SAFETY INFRASTRUCTURE GRANT PROGRAM. (a) With funds appropriated or otherwise available for the purpose, the agency shall establish a grant program to assist school districts and open-enrollment charter schools with any costs identified by a district or school as necessary to enhance the infrastructure of a district or school campus to meet agency safety standards.

(b) The commissioner shall adopt rules to implement this section.

Sec. 37.117. EMERGENCY RESPONSE MAP. Each school district and open-enrollment charter school shall provide to the Department of Public Safety and all appropriate local law enforcement agencies and emergency first responders an accurate map of each district campus and school building that is:

(1) oriented to true north; and

(2) developed and documented in accordance with the standards described by Section 37.351 related to developing site and floor plans, access control, and exterior door numbering.

SECTION 21. Sections 37.2071(b), (c), (d), (f), (g), and (h), Education Code, are amended to read as follows:

(b) A school district or public junior college district shall submit its multihazard emergency operations plan to the center:

(1) not later than the 30th day after the date [on request of] the center requests the submission; and

(2) in accordance with the center's review cycle developed under Subsection (a).

(c) The center shall 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:

(A) describing the plan's deficiencies; [and]

(B) including specific recommendations to correct the deficiencies; and

(C) stating that the district must correct the deficiencies in its plan and resubmit the revised plan to the center.

(d) If a district fails to submit its multihazard emergency operations plan to the center for review following a notification by the center that the district has failed to submit the district's plan, the center shall provide the district with written notice stating that the district must hold a public hearing under Section 37.1081[:

[(1) has failed to submit a plan; and

[(2) must submit a plan to the center for review and verification].

(f) If one month [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], the center shall provide written notice to the district and agency that the district has not complied with the requirements of this section and must comply immediately.

(g) If a school district still has not corrected the plan deficiencies three [or has failed to submit a plan six] months after the date of initial notification under Subsection (c)(2) [or (d)], the center shall provide written notice to the school district stating that the district must hold a public hearing under Section 37.1081.

(h) If a school district has failed to submit a plan, the notice required by Subsection (d) [(g)] must state that the commissioner is authorized to appoint an agency monitor [a conservator] under Section 37.1082.

SECTION 22. Section 37.2091, Education Code, is amended by adding Subsection (b-1) to read as follows:

(b-1) A school district must confirm that a person is included in the registry established under Subsection (b) before the district may engage the person to provide school safety or security consulting services to the district.

SECTION 23. Subchapter G, Chapter 37, Education Code, is amended by adding Sections 37.221 and 37.222 to read as follows:

Sec. 37.221. FACILITIES STANDARDS REVIEW. (a) At least once every five years, the center shall review the facilities standards for instructional facilities adopted under Section 7.061 and make recommendations to the commissioner regarding any changes necessary to ensure that the facilities standards reflect best practices for improving school safety through the design and construction of school facilities.

(b) The center and commissioner may consult with stakeholders with relevant expertise regarding whether any updates to requirements for the use of funds granted or allocated to school districts for purposes of improving the safety and security of school facilities are necessary to align with best practices.

(c) In updating facilities standards, the commissioner shall:

(1) incorporate input from the center and stakeholders with relevant expertise regarding best practices for standards applicable to the design and construction of school facilities; and

(2) ensure the standards are updated as necessary to ensure compliance with any changes to state law and local building codes.

Sec. 37.222. RESOURCES ON SAFE FIREARM STORAGE. (a) The center, in collaboration with the Department of Public Safety, shall provide to each school district and open-enrollment charter school information and other resources regarding the safe storage of firearms for distribution by the district or school under Subsection (b), including information on:

(1) the offense under Section 46.13, Penal Code; and

(2) ways in which parents and guardians can effectively prevent children from accessing firearms.

(b) Each school district and open-enrollment charter school shall provide the information and other resources described under Subsection (a) to the parent or guardian of each student enrolled in the district or school.

SECTION 24. Chapter 37, Education Code, is amended by adding Subchapter J to read as follows:

SUBCHAPTER J. SAFETY AND SECURITY REQUIREMENTS FOR FACILITIES

Sec. 37.351. FACILITIES STANDARDS COMPLIANCE. (a) A school district must ensure that each district facility complies with each school facilities standard, including performance standards and operational requirements, related to safety and security adopted under Section 7.061(c) or provided by other law or agency rule.

(b) A school district must develop and maintain documentation of the district's implementation of and compliance with school safety and security facilities standards for each district facility, and, if requested by the agency, provide that documentation to the agency in the manner prescribed by the agency.

(c) A school district shall provide the documentation described by Subsection (b) to:

(1) the district's school safety and security committee established under Section 37.109; and

(2) the board of trustees of the district.

Sec. 37.352. GOOD CAUSE EXCEPTION. (a) If a school district is unable to bring a district facility into compliance with a school facilities standard related to safety and security, the district may claim a good cause exception from the requirement to comply with that standard, including for a reason related to:

(1) the age, physical design, or location of the noncompliant facility;

(2) the projected remaining use or functional life of the noncompliant facility;

(3) availability of funding; or

(4) supply chain obstacles.

(b) A school district that claims a good cause exception under Subsection (a) must develop an alternative performance standard with which the district is able to comply.

Sec. 37.353. USE OF FUNDING FOR FACILITIES STANDARDS COMPLIANCE. The commissioner may authorize a school district to use money provided to the district for the purpose of improving school safety and security, including the school safety allotment under Section 48.115 or any other funding or grant money available to the district for that purpose, to comply with the requirements of this subchapter.

SECTION 25. Section 38.022, Education Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) A school district may require a person who enters property under the district's control [a district campus] to display the person's driver's license, [or] another form of identification containing the person's photograph issued by a governmental entity, or, if applicable, the person's district employee or student identification card. The person must provide the identification on request.

(a-1) A school district may eject a person from district property if:

(1) the person refuses or fails to provide on request identification described by Subsection (a); and

(2) it reasonably appears that the person has no legitimate reason to be on district property.

SECTION 26. Subchapter A, Chapter 38, Education Code, is amended by adding Sections 38.040, 38.046, and 38.047 to read as follows:

Sec. 38.040. FENTANYL ABUSE PREVENTION AND DRUG POISONING AWARENESS EDUCATION. (a) Each school district shall annually provide research-based instruction related to fentanyl abuse prevention and drug poisoning awareness to students in grades 6 through 12.

(b) The instruction required by this section must include:

(1) suicide prevention;

(2) prevention of the abuse of and addiction to fentanyl;

(3) awareness of local school and community resources and any processes involved in accessing those resources; and

(4) health education that includes information about substance use and abuse, including youth substance use and abuse.

(c) The instruction required by this section may be provided by an entity or an employee or agent of an entity that is:

(1) a public or private institution of higher education;

(2) a library;

(3) a community service organization;

(4) a religious organization;

(5) a local public health agency; or

(6) an organization employing mental health professionals.

Sec. 38.046. FENTANYL CONTAMINATION TRAINING PROGRAM FOR SCHOOL PERSONNEL. (a) The agency, in cooperation with The University of Texas Health Science Center at San Antonio, shall develop:

(1) an evidence-based curriculum for students in grades 6 through 12 on the dangers of fentanyl contamination for use by school district and open-enrollment charter school employees; and

(2) a professional development training program on providing the training developed under Subdivision (1).

(b) The agency shall distribute curriculum and training materials for the training program developed under this section to each regional education service center.

Sec. 38.047. FENTANYL CONTAMINATION GRANT PROGRAM. (a) The agency shall establish a grant program to provide funding to school districts and open-enrollment charter schools for community and school outreach programs on the dangers of fentanyl contamination.

(b) The commissioner may adopt rules as necessary to administer the grant program established under this section.

SECTION 27. Section 38.351, Education Code, is amended by adding Subsection (g-1) to read as follows:

(g-1) A school district may satisfy a requirement to implement a program in the area of substance abuse prevention and intervention by providing instruction related to youth substance use and abuse education under Section 38.040.

SECTION 28. Subchapter E, Chapter 45, Education Code, is amended by adding Section 45.1011 to read as follows:

Sec. 45.1011. USE OF BOND PROCEEDS FOR SCHOOL SAFETY COMPLIANCE. (a) The proceeds of bonds issued by a school district for the construction and equipment of school buildings in the district and the purchase of the necessary sites for school buildings may be used to pay the costs associated with complying with school safety and security requirements for school facilities in accordance with Section 37.352.

(b) This subsection applies to a school district that has been determined by the agency, through the agency's monitoring of safety and security requirements under Section 37.1083, to not be in compliance with those requirements. Notwithstanding any other law, a school district to which this subsection applies must use a sufficient amount of the proceeds of bonds described by Subsection (a) to achieve compliance with applicable safety and security requirements in accordance with Section 37.352 before the district may use those proceeds for any other authorized purpose.

SECTION 29. Subtitle I, Title 2, Education Code, is amended by adding Chapter 47A to read as follows:

CHAPTER 47A. STATE SCHOOL SAFETY FUND AND GRANTS

Sec. 47A.001. DEFINITIONS. In this chapter:

(1) "Corporation" means the Texas Permanent School Fund Corporation established under Chapter 43.

(2) "Fund" means the state school safety fund established under Section 7, Article VII, Texas Constitution.

(3) "Program" means the school safety grant program.

Sec. 47A.002. DEPOSITS TO FUND BY COMMISSIONER. Notwithstanding any other law, including Section 48.265, if the commissioner determines that the amount appropriated for a state fiscal year for purposes of administering the Foundation School Program exceeds the amount to which school districts and open-enrollment charter schools are entitled under Chapters 46, 48, and 49 for that year, the commissioner shall deposit a portion of that excess, up to 100 percent, to the credit of the fund.

Sec. 47A.003. USES OF FUND. Money in the fund may only be used to provide grants to school districts and open-enrollment charter schools to enhance school safety under Section 47A.005.

Sec. 47A.004. ADMINISTRATION OF FUND. (a) The corporation shall hold and invest the fund with the objective of maintaining sufficient liquidity to meet the needs of the fund while striving to maximize returns. In managing the assets of the fund, through procedures and subject to restrictions the corporation considers appropriate, the corporation may acquire, exchange, sell, supervise, manage, or retain any type of investment that a person of ordinary prudence, discretion, and intelligence, exercising reasonable care, skill, and caution, would acquire, exchange, sell, supervise, manage, or retain in light of the fund's investment objective.

(b) The corporation may charge a fee not to exceed the amount necessary to cover the costs estimated to be incurred by the corporation in managing and investing the fund. The fee may be assessed on the available balance of the fund each fiscal year.

Sec. 47A.005. SCHOOL SAFETY GRANTS. (a) The commissioner shall establish a school safety grant program using proceeds of the fund to provide grants to school districts and open-enrollment charter schools.

(b) The commissioner may only award a grant to a school district or open-enrollment charter school to reimburse or provide funding for the district or school for expenditures required for the implementation of school safety standards and requirements that have been approved by the agency.

(c) The commissioner may award grants each school year in an amount not to exceed $10 million to a school district or open-enrollment charter school.

(d) The commissioner may award grants each school year not to exceed a total amount of $500 million.

(e) If the amount of grant requests under the program exceeds $500 million in a school year, the commissioner shall proportionately reduce the amount of each grant in that school year in an amount necessary to limit the total amount of grants provided to $500 million.

(f) Notwithstanding Subsection (c) and subject to the limitation under Subsection (d), if excess funds are available for a school year, the commissioner may provide additional grants to school districts and open-enrollment charter schools that incurred eligible expenses of more than $10 million in that school year.

Sec. 47A.006. TRANSFER OF MONEY TO COMMUNITIES IN SCHOOLS PROGRAM. Each school year, if excess funds are available, the commissioner shall transfer an amount not to exceed $25 million from the fund to the Communities In Schools program under Subchapter E, Chapter 33. The commissioner shall allocate money transferred under this section to local Communities In Schools programs using the funding formula developed under Section 33.156.

Sec. 47A.007. RULES. The commissioner, in consultation with the corporation, may adopt rules as necessary to implement this chapter.

SECTION 30. Section 48.115, Education Code, is amended by amending Subsections (a) and (b) and adding Subsection (a-1) to read as follows:

(a) A [From funds appropriated for that purpose, the commissioner shall provide to a] school district is entitled to an annual allotment equal to the sum of the following amounts or a greater [in the] amount provided by appropriation:

(1) $100 for each student in average daily attendance, plus $1 for each student in average daily attendance per every $50 by which the district's maximum basic allotment under Section 48.051 exceeds $6,160, prorated as necessary; and

(2) $15,000 per campus.

(a-1) A school district campus that provides only virtual instruction or utilizes only facilities not subject to the district's control is not included for purposes of determining a school district's allotment under Subsection (a).

(b) Funds allocated under this section must be used to improve school safety and security, including costs associated with:

(1) securing school facilities in accordance with the requirements of Section 37.352, including:

(A) improvements to school infrastructure;

(B) the use or installation of perimeter security fencing conducive to a public school learning environment or physical barriers, which may not include razor wire fencing; [and]

(C) exterior door and window safety and security upgrades, including exterior door numbering and locking systems and security film that provides resistance to a forced entry; and

(D) the purchase and maintenance of:

(i) security cameras and, if the district has already installed security cameras, [or] other security equipment; and

(ii) technology, including communications systems or devices, such as silent panic alert devices, two-way radios, or wireless Internet booster equipment, 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 other persons authorized by the board of trustees of the district and permitted by law to carry a weapon on school campus grounds; 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 measures [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, using evidence-based, effective prevention practices and including:

(i) providing licensed counselors, social workers, and individuals trained in restorative discipline and restorative justice practices;

(ii) providing mental health personnel and support;

(iii) providing behavioral health services;

(iv) establishing threat reporting systems; and

(v) developing and implementing programs focused on restorative justice practices, culturally relevant instruction, and providing mental health support; [and]

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

(5) employing a school safety director and other personnel to manage and monitor school safety initiatives and the implementation of school safety requirements for the district.

SECTION 31. Subchapter B, Chapter 85, Local Government Code, is amended by adding Section 85.024 to read as follows:

Sec. 85.024. SCHOOL SAFETY MEETINGS. (a) The sheriff of a county in which a public school is located shall call and conduct semiannual meetings to discuss:

(1) school safety;

(2) coordinated law enforcement response to school violence incidents;

(3) law enforcement agency capabilities;

(4) available resources;

(5) emergency radio interoperability;

(6) chain of command planning; and

(7) other related subjects proposed by a person in attendance at the meeting.

(b) The sheriff of a county in which more than one public school is located is only required to hold one semiannual meeting described by Subsection (a). This subsection does not require public schools located within the same county to adopt the same school safety policies.

(c) The following persons shall attend a meeting called under Subsection (a):

(1) the sheriff or the sheriff's designee;

(2) the police chief of a municipal police department in the county or the police chief's designee;

(3) each elected constable in the county or the constable's designees;

(4) each police chief of a school district's police department or school district security coordinator from each school district located in the county;

(5) a representative of the Department of Public Safety assigned to the county;

(6) a representative of each other state agency with commissioned peace officers assigned to the county;

(7) a person appointed to a command staff position at an emergency medical service in the county;

(8) a person appointed to a command staff position at a municipal emergency medical service in the county;

(9) a person appointed to a command staff position at a fire department in the county;

(10) the superintendent or the superintendent's designee of each school district located in the county;

(11) the person who serves the function of superintendent, or that person's designee, in each open-enrollment charter school located in the county; and

(12) any other person the sheriff considers appropriate.

(d) The sheriff shall invite any federal law enforcement official serving in the county to attend the meeting.

(e) As soon as practicable after a meeting under Subsection (a), the sheriff shall submit a report to the Texas School Safety Center identifying the attendees of the meeting and the subjects discussed. The Texas School Safety Center shall maintain the report and make it publicly available on the center's Internet website. The center may not make publicly available and shall redact any parts of a report that the center determines may expose a safety vulnerability of a school district facility.

SECTION 32. Section 1701.253, Occupations Code, is amended by adding Subsection (q) to read as follows:

(q) As part of the minimum curriculum requirements, the commission shall require an officer to complete a training program on responding to an active shooter as provided by the Advanced Law Enforcement Rapid Response Training Center at Texas State University--San Marcos, or a similar organization approved by the commission. An officer shall complete the program not later than the second anniversary of the date the officer is licensed under this chapter unless the officer completes the program as part of the officer's basic training course. Completion of a training program under this subsection satisfies any other requirement for the officer to complete a training program on responding to active shooters, including under Section 37.0812(a), Education Code.

SECTION 33. Subchapter F, Chapter 1701, Occupations Code, is amended by adding Section 1701.2635 to read as follows:

Sec. 1701.2635. ACTIVE SHOOTER TRAINING FOR OFFICERS AT PUBLIC SCHOOLS. (a) This section applies to a:

(1) school district peace officer as defined by Section 1701.262; and

(2) school resource officer as defined by Section 1701.601.

(b) An officer to whom this section applies shall complete a one-time training program on responding to an active shooter as provided by the Advanced Law Enforcement Rapid Response Training Center at Texas State University--San Marcos, or a similar organization approved by the commission, before or within two years of beginning to provide law enforcement services at a public primary or secondary school.

(c) Completion of a training program under this section satisfies any other requirement that the officer complete a training program on responding to active shooters, including under Section 37.0812(a), Education Code.

SECTION 34. The change in law made by this Act to Section 37.081, Education Code, applies only to a memorandum of understanding under that section that is entered into on or after September 1, 2023.

SECTION 35. As soon as practicable after the effective date of this Act, the Texas Education Agency shall establish the office of school safety and security and the governor shall appoint the director of that office as required by Section 37.1083, Education Code, as added by this Act.

SECTION 36. Section 37.1084(c), Education Code, as added by this Act, applies only to a superintendent, administrator serving as educational leader and chief executive officer of a school district or open-enrollment charter school, or other administrator of the district or school employed under a contract entered into on or after the effective date of this Act.

SECTION 37. Section 45.1011, Education Code, as added by this Act, applies only to a bond authorized to be issued at an election held on or after the effective date of this Act.

SECTION 38. (a) As soon as practicable after the effective date of this Act, the Texas Commission on Law Enforcement shall adopt rules to implement Sections 1701.253(q) and 1701.2635, Occupations Code, as added by this Act.

(b) The minimum curriculum requirements under Section 1701.253(q), Occupations Code, as added by this Act, apply only to an officer who first begins to satisfy those requirements on or after January 1, 2024.

(c) Notwithstanding Section 1701.2635, Occupations Code, as added by this Act, an officer who holds a license under Chapter 1701, Occupations Code, on September 1, 2023, and to whom that section applies shall complete the training program required by that section not later than September 1, 2025.

SECTION 39. To the extent of any conflict, this Act prevails over another Act of the 88th Legislature, Regular Session, 2023, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 40. (a) Except as provided by Subsections (b) and (c) of this section, this Act applies beginning with the 2023-2024 school year.

(b) Notwithstanding Section 22.904, Education Code, as added by this Act, a school district must require the district's employees to complete the mental health first aid training required under that section as follows:

(1) at least 25 percent of the applicable district employees before the beginning of the 2025-2026 school year;

(2) at least 50 percent of the applicable district employees before the beginning of the 2026-2027 school year;

(3) at least 75 percent of the applicable district employees before the beginning of the 2027-2028 school year; and

(4) 100 percent of the applicable district employees before the beginning of the 2028-2029 school year.

(c) Chapter 47A, Education Code, as added by this Act, applies beginning with the 2024-2025 school year.

SECTION 41. (a) Except as provided by Subsections (b) and (c) of this section, 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.

(b) Section 48.115, Education Code, as amended by this Act, takes effect September 1, 2023.

(c) Section 29 of this Act takes effect January 1, 2024, but only if the constitutional amendment proposed by the 88th Legislature, Regular Session, 2023, creating the state school safety fund to provide financial support for projects that enhance the safety of public schools in this state is approved by the voters. If that constitutional amendment is not approved by the voters, Section 29 of this Act has no effect.