BILL ANALYSIS

S.B. 57

By: Zaffirini

Public Education

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill sponsor has informed the committee that, while Texas law provides the guidelines for a public school district's multihazard emergency operation plans, these guidelines do not require public school districts to create specific individualized plans for students with disabilities and the bill sponsor has informed the committee that this can cause students to be left behind during drills or even emergency situations. S.B. 57 seeks to require a student's individualized education program (IEP) committee or team, as applicable, in developing or modifying an IEP or a Section 504 plan created under the federal Rehabilitation Act of 1973 for a student, to consider whether the student's disabilities or impairments would require the public school district to provide any specific accommodations for the student during a mandatory emergency school drill.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the commissioner of education in SECTION 3 of this bill.

ANALYSIS

S.B. 57 amends the Education Code to require a student's individualized education program (IEP) committee or team, as applicable, in developing or modifying an IEP or a Section 504 plan created under the federal Rehabilitation Act of 1973 for a student, to consider whether the student's disabilities or impairments would require the public school district to provide any specific accommodations for the student during a mandatory emergency school drill. If the student's IEP committee or team determines that the student would require a specific accommodation, the committee or team must take the following actions:

· identify each disability or impairment that requires accommodation; and

· for each disability or impairment identified, specify the required accommodations for that disability or impairment.

The bill requires such an IEP committee or team, in making considerations and specifying those required accommodations, to follow the guidelines for school drill accommodations and multihazard emergency operations plan provisions for individuals with disabilities or impairments established by the commissioner of education as provided under provisions established by state law, as amended by the bill.

S.B. 57 does the following regarding a student's IEP committee or team:

· requires the committee or team to provide to each administrator with emergency planning responsibilities at the district and campus at which the student is enrolled the identified disabilities or impairments and specified accommodations made under the bill; and

· authorizes the committee or team to invite district and campus administrators with emergency planning responsibilities to assist the committee or team in making those considerations and specifying the required accommodations.

These bill provisions relating to the inclusion of accommodations during mandatory school drills in IEPs or Section 504 plans apply beginning with the 2026-2027 school year.

S.B. 57 replaces the Texas Education Agency with the commissioner as the entity that must establish guidelines for the provisions in a district's multihazard emergency operations plan to ensure the safety of students and district personnel with disabilities or impairments during a disaster or emergency situation, requires that the commissioner establish such guidelines for those provisions by rule, and makes applicable to the commissioner the current requirement for consultation with certain other entities, educators, and groups in establishing the guidelines. The bill also requires the commissioner by rule to establish guidelines for the considerations and specifications required under the bill regarding accommodations for a student with an IEP or a Section 504 plan. The bill includes public school administrators who work with students with disabilities or impairments among the entities with whom the commissioner must consult in establishing those guidelines. The bill requires the commissioner to adopt rules to establish the multihazard emergency operations plan guidelines required by the bill as soon as practicable after the bill's effective date, but not later than June 1, 2026.

S.B. 57 clarifies that a district must include in its multihazard emergency operations plan provisions for ensuring that students and district personnel with disabilities are provided equal access to safety during a disaster or emergency situation are to be based on the guidelines established by commissioner rule.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.