HB4267 - Relating to the submission by law enforcement agencies to certain public school personnel of a handle with care notice concerning a traumatic event experienced by a public school student and to certain required training regarding those notices.

  89R9273 BCH-D     By: Howard H.B. No. 4267       A BILL TO BE ENTITLED   AN ACT   relating to the submission by law enforcement agencies to certain   public school personnel of a handle with care notice concerning a   traumatic event experienced by a public school student and to   certain required training regarding those notices.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  It is the intent of the legislature that handle   with care notices submitted and received under Article 2A.067, Code   of Criminal Procedure, as added by this Act, lead to greater   understanding of and noninterventional care for students in public   schools in this state who have experienced a traumatic event, but do   not result in active interference with or the singling out of the   student.          SECTION 2.  Subchapter B, Chapter 2A, Code of Criminal   Procedure, is amended by adding Article 2A.067 to read as follows:           Art.   2A.067.     HANDLE WITH CARE NOTICE REGARDING CERTAIN   PUBLIC SCHOOL STUDENTS. (a)   This article applies in any situation   in which a law enforcement agency determines that a public school   student witnessed or otherwise experienced a traumatic event. For   purposes of this article, a "traumatic event" includes the   following events:                 (1)     the arrest of an individual who resides with a   student;                 (2)     the execution of a search warrant at a student's   residence;                 (3)     an overdose of alcohol or of a controlled   substance by an individual who resides with a student;                 (4)     suicide or attempted suicide committed by an   individual who resides with a student;                 (5)     an incident involving family violence, as defined   by Section 71.004, Family Code;                 (6)  an incident of assault or sexual assault;                   (7)     a severe motor vehicle accident that causes bodily   injury or death;                 (8)  a mass shooting;                 (9)     a student's forced displacement from the student's   residence;                 (10)     the death of an individual who resides with the   student or another incident that could be expected to cause the   student to be affected by grief;                 (11)     a fire that causes severe property damage or   bodily injury or death; or                 (12)     any other event that a peace officer responding   to or taking a report regarding the event has reason to believe will   negatively impact a student's ability to succeed in school.           (b)     A law enforcement agency that determines, in the course   of providing law enforcement services, that an individual who is   enrolled as a student in a public primary or secondary school has   experienced a traumatic event may submit a handle with care notice   to the superintendent or other designated school employee at the   school at which the student is enrolled.           (c)  A handle with care notice must include, if known:                 (1)  the student's name, age, and grade level; and                 (2)  the school at which the student is enrolled.           (d)     A law enforcement agency shall submit handle with care   notices using an electronic system that automatically sends a copy   of the notice to the regional education service center serving the   school at which the student who is the subject of the notice is   enrolled.           (e)     A superintendent or other designated school employee   who receives a handle with care notice shall immediately provide a   copy of the handle with care notice to all instructional and support   personnel who have responsibility for supervision of the student   who is the subject of the notice.           (f)     Information contained in a handle with care notice   authorized under this article is confidential and exempt from   disclosure except as provided by this article or other applicable   state and federal law. Except as provided by Subsection (e), all   school personnel who receive a copy of the handle with care notice   shall keep that information confidential.           (g)     A law enforcement agency must ensure that law   enforcement officers and other agency employees receive   appropriate training regarding a handle with care notice, including   by requiring appropriate agency personnel to attend the training   established and maintained under Section 1701.2635, Occupations   Code.          SECTION 3.  Subchapter A, Chapter 38, Education Code, is   amended by adding Section 38.048 to read as follows:           Sec.   38.048.     HANDLE WITH CARE NOTICE TRAINING COURSE. (a)     The agency shall establish and maintain a one-hour training course   regarding handle with care notices for school district or   open-enrollment charter school employees who have responsibility   for the supervision of students.           (b)     The training course must provide information on the   implementation of procedures relating to handle with care notices   authorized under Article 2A.067, Code of Criminal Procedure,   including appropriate methods of monitoring and responding to a   student who is the subject of a handle with care notice.           (c)     Each school district and open-enrollment charter school   shall ensure that appropriate personnel complete the training   course established under this section.           (d)     The State Board for Educator Certification shall   propose rules allowing an educator to receive credit toward the   educator's continuing education requirements for completion of a   course established under this section.          SECTION 4.  Subchapter F, Chapter 1701, Occupations Code, is   amended by adding Section 1701.2635 to read as follows:           Sec.   1701.2635.     HANDLE WITH CARE NOTICE TRAINING PROGRAM.   The commission shall establish and maintain a one-time training   program for peace officers and other employees of law enforcement   agencies that provides information on the implementation of   procedures relating to handle with care notices authorized under   Article 2A.067, Code of Criminal Procedure.          SECTION 5.  As soon as practicable after the effective date   of this Act:                (1)  the Texas Education Agency shall develop the   handle with care notice training course as required by Section   38.048, Education Code, as added by this Act;                (2)  the State Board for Educator Certification shall   propose rules allowing an educator to receive credit toward the   educator's continuing education requirements for completion of the   handle with care notice training course as required by Section   38.048, Education Code, as added by this Act; and                (3)  the Texas Commission on Law Enforcement shall   establish the handle with care notice training program as required   by Section 1701.2635, Occupations Code, as added by this Act.          SECTION 6.  This Act takes effect September 1, 2025.