HB1010 - Relating to measures for ensuring safety and security in public schools, including measures related to certain student records and conduct.

      By: Toth H.B. No. 1010       A BILL TO BE ENTITLED   AN ACT   relating to measures for ensuring safety and security in public   schools, including measures related to certain student records and   conduct.          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.  Subchapter B, Chapter 8, Education Code, is   amended by adding Section 8.064 to read as follows:           Sec.   8.064.     SCHOOL SAFETY SUPPORT. (a) A regional   education service center shall act as a school safety resource 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:                 (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 a school safety review team under Section 37.1084;   and                 (5)     by providing guidance on any other matter relating   to school safety and security.           (b)     A regional education service center shall provide   assistance as necessary to the region's school safety review team   established under Section 37.1084.          SECTION 3.  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, 37.109, 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 4.  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 5.  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 6.  Section 25.095(a), Education Code, is amended to   read as follows:          (a)  A school district or open-enrollment charter school   shall notify a student's parent in writing at the beginning of the   school year that if the student is absent from school , without   excuse under Section 25.087, on six [ 10 ] or more days or parts of   days within an eight-week [ a six-month ] period in the same school   year:                (1)  the student's parent is subject to prosecution   under Section 25.093; and                (2)  the student is subject to referral to a truancy   court for truant conduct under Section 65.003(a), Family Code.          SECTION 7.  Section 25.0951(a), Education Code, is amended   to read as follows:          (a)  If a student fails to attend school without excuse on   six [ 10 ] or more days or parts of days within an eight-week [ a   six-month ] period in the same school year, a school district shall   within 10 school days of the student's sixth [ 10th ] absence refer   the student to a truancy court for truant conduct under Section   65.003(a), Family Code.          SECTION 8.  Section 37.108, Education Code, is amended by   amending Subsections (a), (b), and (c) and adding Subsections (a-1)   and (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 [Text truncated for display. 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