HB2377 - Relating to funding for projects that improve the physical and mental health of public school students and enhance the safety of public schools in this state; authorizing a fee.

  89R10957 TSS-D     By: Howard H.B. No. 2377       A BILL TO BE ENTITLED   AN ACT   relating to funding for projects that improve the physical and   mental health of public school students and enhance the safety of   public schools in this state; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle I, Title 2, Education Code, is amended   by adding Chapter 47A to read as follows:   CHAPTER 47A.   STATE SCHOOL HEALTH AND 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 health and safety   fund established under Section 7, Article VII, Texas Constitution.                 (3)     "Program" means the school health and 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 improve the physical and mental health of   students and 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 HEALTH AND SAFETY GRANTS. (a)   The   commissioner shall establish a school health and safety grant   program using proceeds of the fund to reimburse a school district or   open-enrollment charter school for student health-related   expenditures or expenditures required for the implementation of a   school safety plan that has been approved by the agency.           (b)     The amount of grants awarded to a school district or   open-enrollment charter school under the program for a school year   may not exceed $10 million.           (c)     The total amount of grants awarded under the program for   a school year may not exceed $500 million.           (d)     If the amount of grant requests under the program   exceeds the amount permitted under Subsection (c) in a school year,   the commissioner shall proportionately reduce the amount of each   grant in an amount necessary to limit the total amount of grants   provided to the amount permitted under Subsection (c).           (e)     Notwithstanding Subsection (b) and subject to the   limitation under Subsection (c), 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 in an amount that exceeded the amount in   Subsection (b).           Sec.   47A.006.     RULES. The commissioner, in consultation   with the corporation, may adopt rules as necessary to implement   this chapter.          SECTION 2.  The heading to Section 48.115, Education Code,   is amended to read as follows:          Sec. 48.115.  SCHOOL HEALTH AND SAFETY ALLOTMENT.          SECTION 3.  Section 48.115, Education Code, is amended by   amending Subsections (a) and (b) and adding Subsection (c-2) to   read as follows:          (a)   A  [ Except as provided by Subsection (a-1), a ] school   district is entitled to an annual allotment of $200 [ equal to the   sum of the following amounts or a greater amount provided by   appropriation:                [ (1)  $10 ] 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 ].          (b)   A school district must use funds received under this   section as follows:                 (1)     50 percent must be used to improve the physical and   mental health of district students; and                 (2)  50 percent must be used  [ 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 37.351, 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;                      [ (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, other security equipment,   including video surveillance as provided by Section 29.022; 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                      [ (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, 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, chaplains, and individuals trained in restorative   discipline and restorative justice practices;                            [ (ii)     providing mental health personnel and   support, including chaplains;                            [ (iii)     providing behavioral health   services, including services provided by chaplains;                            [ (iv)     establishing threat reporting   systems; and                            [ (v)     developing and implementing programs   focused on restorative justice practices, culturally relevant   instruction, and providing mental health support, including   support provided by chaplains;                [ (4)     providing programs related to suicide   prevention, intervention, and postvention, including programs   provided by chaplains; 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 ].           (c-2)     Subsection (c-1) does not apply to the provision of   behavioral health services or programming.          SECTION 4.  Section 37.108(b-1), Education Code, is amended   to read as follows:          (b-1)  In a school district's safety and security audit   required under Subsection (b), the district must certify that the   district used the funds provided to the district through the school   health and safety allotment under Section 48.115 described by   Subsection (b)(2) of that section  only for the purposes provided by   that subsection  [ section ].          SECTION 5.  Section 37.117(c), Education Code, as added by   Chapter 1 (S.B. 838), Acts of the 88th Legislature, Regular   Session, 2023, is amended to read as follows:          (c)  To comply with this section, a school district or   open-enrollment charter school may:                (1)  use funds provided to the district or school   through the school health and safety allotment under Section 48.115   or other available funds; and                (2)  use the district's or school's customary   procurement process.          SECTION 6.  Section 37.354(a), Education Code, is amended to   read as follows:          (a)  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 health and safety   allotment [Text truncated for display. 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