BILL ANALYSIS

 

 

Senate Research Center

S.B. 57

 

By: Zaffirini

 

Education K-16

 

6/4/2025

 

Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law requires Texas schools to implement general emergency operations plans, but it does not mandate specific accommodations for students with disabilities during drills and emergencies, putting these students at increased risk. S.B. 57 would address this gap by requiring school districts to include necessary accommodations for students with disabilities in their individualized education programs (IEPs) or Section 504 plans and by directing the Texas Education Agency to establish related guidelines for public schools' emergency plans. This change would ensure that the unique needs of students with disabilities are systematically addressed during emergencies, enhancing their safety and well-being.

 

(Original Author's/Sponsor's Statement of Intent)

 

S.B. 57 amends current law relating to provisions and plans by public schools to ensure the safety of individuals with disabilities or impairments during a mandatory school drill or a disaster or emergency situation.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the commissioner of education in SECTION 3 (Section 37.1086, Education Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 37.108(f), Education Code, to require a school district to include in its multihazard emergency operations plan certain provisions, including 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 recommendations and guidelines established by the commissioner of education (commissioner) under Section 37.1086.

 

SECTION 2. Amends Section 37.1086, Education Code, as follows:

 

Sec. 37.1086. New heading: RECOMMENDATIONS AND GUIDELINES FOR SCHOOL DRILL ACCOMMODATIONS AND MULTIHAZARD EMERGENCY OPERATIONS PLAN PROVISIONS FOR INDIVIDUALS WITH DISABILITIES OR IMPAIRMENTS. (a) Requires the commissioner by rule to establish, rather than the Texas Education Agency to establish:

 

(1) recommendations regarding accommodations for a student with an individualized education program or a plan created under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794) during a mandatory school drill required under Section 37.114 (Best Practices for Emergency School Drills and Exercises; Mandatory School Drills); and

 

(2) guidelines for:

 

(A) the documentation of accommodations for a student described by Subdivision (1) in the provisions in a school district's multihazard emergency operations plan under Section 37.108(f)(4) (relating to provisions for ensuring that students and district personnel with disabilities are provided equal access to safety during a disaster or emergency situation) to ensure the safety of students and district personnel with disabilities or impairments during a mandatory school drill required under Section 37.114 or a disaster or emergency situation;

 

(B) required communications between campus administrators and staff regarding the accommodations described by Paragraph (A); and

 

(C) required communications between campus administrators and the school district's school safety and security committee established under Section 37.109 (School Safety and Security Committee) regarding students or district personnel with disabilities or impairments for purposes of providing recommendations for updating the district's multihazard emergency operations plan required by Section 37.108(a).

 

Makes nonsubstantive changes to this subsection.

 

(b) Requires the commissioner, in establishing recommendations and guidelines under Subsection (a), to consult with certain entities, including public school educators and administrators who work with students with disabilities or impairments. Makes a nonsubstantive change.

 

(c) Redesignates existing Subsection (b) as Subsection (c). Makes conforming changes.

 

SECTION 3. Amends Sections 37.109(a-1), (b), (c), and (d), Education Code, as follows:

 

(a-1) Requires the school safety and security committee (committee), to the greatest extent practicable, to include certain members, including two, rather than one, or more designees of the district's superintendent, one of whom is required to be a classroom teacher in the district and one of whom is required to be an administrator of special education in the district.

 

(b) Requires the committee to take certain actions, including participating on behalf of the district in developing and implementing emergency plans consistent with the district multihazard emergency operations plan required by Section 37.108(a) (relating to requiring each school district or public junior college district to adopt and implement a multihazard emergency operations plan for use in the district's facilities) to ensure that the plans reflect specific campus, facility, or support services needs, including recommended accommodations for a student with an individualized education program or a plan created under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794).

 

(c) Requires the committee, except as otherwise provided by this subsection, to meet at least once during each academic semester and at least once during the summer and as necessary to provide recommendations, based on communications with campus administrators described by Section 37.1086(a)(2)(C) (relating to required communications between campus administrators and the school district's committee regarding students or district personnel with disabilities or impairments for purposes of providing recommendations for updating the district's multihazard emergency operations plan), for updating the district multihazard emergency operations plan required by Section 37.108(a) to include recommended accommodations for a student with an individualized education program or a plan created under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794).

 

(d) Provides that the committee is required to meet in executive session when discussing information regarding a student's individualized education program or a plan created under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794) for a student and is authorized to otherwise meet in executive session as provided by Chapter 551 (Open meetings), Government Code. Makes nonsubstantive changes.

 

SECTION 4. Requires the commissioner, as soon as practicable after the effective date of this Act but not later than June 1, 2026, to adopt rules establishing the recommendations and guidelines required by Section 37.1086, Education Code, as amended by this Act.

 

SECTION 5. Effective date: upon passage or September 1, 2025.