SB57 - 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.

      S.B. No. 57         AN ACT   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.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 37.108(f), Education Code, is amended to   read as follows:          (f)  A school district shall include in its multihazard   emergency operations plan:                (1)  a chain of command that designates the individual   responsible for making final decisions during a disaster or   emergency situation and identifies other individuals responsible   for making those decisions if the designated person is unavailable;                (2)  provisions that address physical and   psychological safety for responding to a natural disaster, active   shooter, and any other dangerous scenario identified for purposes   of this section by the agency or the Texas School Safety Center;                (3)  provisions for ensuring the safety of students in   portable buildings;                (4)  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   under Section 37.1086 ;                (5)  provisions for providing immediate notification   to parents, guardians, and other persons standing in parental   relation in circumstances involving a significant threat to the   health or safety of students, including identification of the   individual with responsibility for overseeing the notification;                (6)  provisions for supporting the psychological   safety of students, district personnel, and the community during   the response and recovery phase following a disaster or emergency   situation that:                      (A)  are aligned with best practice-based   programs and research-based practices recommended under Section   38.351;                      (B)  include strategies for ensuring any required   professional development training for suicide prevention and   grief-informed and trauma-informed care is provided to appropriate   school personnel;                      (C)  include training on integrating   psychological safety and suicide prevention strategies into the   district's plan, such as psychological first aid for schools   training, from an approved list of recommended training established   by the commissioner and Texas School Safety Center for:                            (i)  members of the district's school safety   and security committee under Section 37.109;                            (ii)  district school counselors and mental   health professionals; and                            (iii)  educators and other district   personnel as determined by the district;                      (D)  include strategies and procedures for   integrating and supporting physical and psychological safety that   align with the provisions described by Subdivision (2); and                      (E)  implement trauma-informed policies;                (7)  a policy for providing a substitute teacher access   to school campus buildings and materials necessary for the   substitute teacher to carry out the duties of a district employee   during an emergency or a mandatory emergency drill;                (8)  the name of each individual on the district's   school safety and security committee established under Section   37.109 and the date of each committee meeting during the preceding   year; and                (9)  certification that the district is in compliance   with Section 37.117.          SECTION 2.  Section 37.1086, Education Code, is amended to   read as follows:          Sec. 37.1086.   RECOMMENDATIONS AND GUIDELINES FOR SCHOOL   DRILL ACCOMMODATIONS AND MULTIHAZARD EMERGENCY OPERATIONS PLAN   PROVISIONS FOR INDIVIDUALS WITH DISABILITIES OR IMPAIRMENTS. (a)   The commissioner by rule  [ agency ] shall 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;   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) 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 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).           (b)     In establishing recommendations and guidelines under   Subsection (a), the commissioner shall consult [ , in consultation ]   with:                (1)  the Texas School Safety Center;                (2)  regional education service centers;                (3)  public school educators and administrators  who   work with students with disabilities or impairments; and                (4)  advocacy groups representing individuals with   disabilities or impairments.           (c)  [ (b) ]  A school district must follow the guidelines   established by the commissioner  [ agency ] under Subsection (a)(2)     [ (a) ] in adopting and implementing the district's multihazard   emergency operations plan under Section 37.108.          SECTION 3.  Sections 37.109(a-1), (b), (c), and (d),   Education Code, are amended to read as follows:          (a-1)  The committee, to the greatest extent practicable,   must include:                (1)  one or more representatives of an office of   emergency management of a county or city in which the district is   located;                (2)  one or more representatives of the local police   department or sheriff's office;                (3)  one or more representatives of the district's   police department, if applicable;                (4)  the president of the district's board of trustees;                (5)  a member of the district's board of trustees other   than the president;                (6)  the district's superintendent;                (7)   two [ one ] or more designees of the district's   superintendent, one of whom must be a classroom teacher in the   district and one of whom must be an administrator of special   education in the district ;                (8)  if the district partners with an open-enrollment   charter school to provide instruction to students, a member of the   open-enrollment charter school's governing body or a designee of   the governing body; and                (9)  two parents or guardians of students enrolled in   the district.          (b)  The committee shall:                (1)  participate 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) 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) ;                (2)  periodically provide recommendations to the   district's board of trustees and district administrators regarding   updating the district multihazard emergency operations plan   required by Section 37.108(a) in accordance with best practices   identified by the agency, the Texas School Safety Center, or a   person included in the registry established by the Texas School   Safety Center under Section 37.2091;                (3)  provide the district with any campus, facility, or   support services information required in connection with a safety   and security audit required by Section 37.108(b), a safety and   security audit report required by Section 37.108(c), or another   report required to be submitted by the district to the Texas School   Safety Center;                (4)  review each report required to be submitted by the   district to the Texas School Safety Center to ensure that the report   contains accurate and complete information regarding each campus,   facility, or support service in accordance with criteria   established by the center; and                (5)  consult with local law enforcement agencies on   methods to increase law enforcement presence near district   campuses.          (c)  Except as otherwise provided by this subsection, the   committee shall 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), 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) .  A committee established by a school district that operates   schools on a year-round system or in accordance with another   alternative schedule shall meet at least three times during each   calendar year, with an interval of at least two months between each   meeting.          (d)  The commi [Text truncated for display. Full text available on LegiScan.]