88R3509 JTZ-D

By: Hall S.B. No. 355

A BILL TO BE ENTITLED

AN ACT

relating to authorizing the Texas School Safety Center to conduct random safety and security audits of public schools; authorizing a civil penalty.

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

SECTION 1. Subchapter G, Chapter 37, Education Code, is amended by adding Section 37.2072 to read as follows:

Sec. 37.2072. RANDOM SAFETY AND SECURITY AUDITS; CIVIL PENALTY. (a) The center may conduct random safety and security audits of school districts. An audit may include:

(1) an assessment of district and district facility policies and procedures relating to safety and security;

(2) inspection of relevant records and documents;

(3) surveys or interviews of students, teachers, staff, and parents;

(4) an intruder assessment that tests access controls and visitor management procedures at each district facility; and

(5) a site visit to each district that includes a walk-through and visual assessment of:

(A) the interior and exterior of each district facility; and

(B) district school grounds.

(b) A school district shall grant center employees reasonable access to district facilities and district school grounds for purposes of conducting an audit under Subsection (a).

(c) A member of the board of trustees or superintendent of a school district who obstructs an audit authorized under Subsection (a) is liable to this state for a civil penalty in an amount of not less than $50 or more than $500 for each violation. Each day of a continuing violation is a separate violation.

(d) The attorney general may bring an action to recover a civil penalty under Subsection (c) and may recover reasonable expenses incurred in obtaining the civil penalty, including court costs, attorney's fees, investigative costs, witness fees, and deposition expenses.

(e) Official immunity of a member of the board of trustees of a school district to suit is waived and abolished to the extent of liability created by this section.

(f) Section 22.0511(a) does not apply to an action of a superintendent of a school district to the extent of liability created by this section.

SECTION 2. 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, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, [and] 37.2071, and 37.2072;

(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 3. This Act applies beginning with the 2023-2024 school year.

SECTION 4. 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 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, 2023.