TxSSC
School Safety Law Toolkit
House Bill 3
Effective Date: September 1, 2023
Active Shooter Response Training
[Section 9 of HB 3]
A school district peace officer or school resource officer shall complete an active shooter response training program approved by TCOLE at least once in each four-year period.
Armed Security Officer Required
[Section 10 of HB 3]
The board of trustees of each school district shall determine the appropriate number of armed security officers for each district campus. The board must ensure that at least one armed security officer is present during regular school hours at each district campus. The security officer must be a school district police officer, a school resource officer, or a commissioned peace officer employed as security personnel under Texas Education Code 37.081.
If the board of trustees of a school district is unable to ensure the above, the board may claim a good cause exception from the requirement to comply if the district's noncompliance is due to the availability of funding, or personnel who qualify to serve as a security officer described above.
The board of trustees of a school district that claims a good cause exception must develop an alternative standard with which the district is able to comply, which may include providing a person to act as a security officer who is: a school marshal, or a school district employee or a person with whom the district contracts who: has completed school safety training provided by a qualified handgun instructor certified in school safety under Government Code 411.1901, and carries a handgun on school premises in accordance with written regulations or written authorization of the district under Penal Code 46.03(a)(1)(A).
The board of trustees of a school district must develop and maintain documentation of the district's implementation of and compliance with this section, including documentation related to a good cause exception claimed, and shall, if requested by the agency, provide that documentation to the agency in the manner prescribed by the agency.
Assignment of Conservator for Noncompliance with Safety and Security Requirements
[Section 14 of HB 3]
Note: The following does not apply to a school district's failure to comply with Texas Education Code 37.0814, or a good cause exception claimed under Texas Education Code 37.0814.
The commissioner may assign a conservator under Texas Education Code 39A if a school district fails to:
- submit to any required monitoring, assessment, or audit under Texas Education Code 37.1083 or Texas Education Code 37.1084;
- comply with applicable safety and security requirements; or
- address in a reasonable time period, as determined by commissioner rule, issues raised by the agency's monitoring, assessment, or audit of the district under Texas Education Code 37.1083 or Texas Education Code 37.1084.
A conservator assigned to a district under this section may exercise the powers and duties of a conservator under Texas Education Code 39A.003 only to correct a failure identified above.
Building Standards
[Section 2 of HB 3]
The commissioner shall adopt or amend rules as necessary to ensure that facilities standards for new and existing instructional facilities and other school district and open-enrollment charter school facilities, including construction quality, performance, operational, and other standards related to the safety and security of school facilities, provide a secure and safe environment. The commissioner shall, in consultation with the Texas School Safety Center, identify and adopt any changes recommended under Texas Education Code 37.221.
Carrying a Firearm on School Grounds: Role of Persons
[Section 11 of HB 3]
A person permitted to carry a firearm on the campus of a school district may not perform the routine law enforcement duties of a peace officer, including making arrests, unless the duty is performed in response to an emergency that poses a threat of death or serious bodily injury to a student, school district employee, or other individual at the district campus.
The above does not apply to a commissioned peace officer who is assigned law enforcement duties that are included in campus and district documents describing the role of peace officers in the district as required by Texas Education Code 37.081(d).
Contracting with Security Contractors
[Section 8 of HB 3]
The board of trustees of any school district may:
- employ or contract with security personnel;
- enter into a memorandum of understanding with a local law enforcement agency or a county or municipality that is the employing political subdivision of commissioned peace officers for the provision of school resource officers;
- for the purposes of providing security personnel, contract with a security services contractor licensed under Occupations Code Chapter 1702 for the provision of a commissioned security officer, as defined by Occupations Code 1702.002, who has completed the Level II or III training course required by the Department of Public Safety; and
- commission peace officers to carry out Texas Education Code 37.081.
A memorandum of understanding for the provision of school resource officers entered into as described above must:
- be in the form of an interlocal contract under Chapter 791, Government Code; and
- use a proportionate cost allocation methodology to address any costs or fees incurred by the school district or the local law enforcement agency, county, or municipality, as applicable.
The cost allocation methodology used above may allow a local law enforcement agency, county, or municipality, as applicable, to recoup direct costs incurred as a result of the contract but may not allow the agency, county, or municipality to profit under the contract.
A school district, local law enforcement agency, county, or municipality that enters into a memorandum of understanding as described above may seek funding from federal, state, and private sources to support the cost of providing school resource officers under this section.
District Property: Access to
[Section 21 of HB 3]
A school district may require a person who enters property under the district's control to display the person's driver's license, another form of identification containing the person's photograph issued by a governmental entity, or, if applicable, the person's district employee or student identification card. The person must provide the identification on request.
A school district may eject a person from district property if:
- the person refuses or fails to provide on request identification described above; and
- it reasonably appears that the person has no legitimate reason to be on district property.
Emergency Response Map and Walk-through
[Sections 12 and 16 of HB 3]
Each district and open-enrollment charter school shall provide to DPS and all local law enforcement agencies and emergency first responders:
- an accurate map of each district campus and school building that is developed and documented in accordance with the standards described by Texas Education Code 37.351 related to developing site and floor plans, access control, and exterior door numbering; and
- an opportunity to conduct a walk-through of each district campus and school building using the provided maps.
Each district shall include in its EOP certification that the district is in compliance with Texas Education Code 37.117.
Facilities Standards Review
[Section 19 of HB 3]
At least once every five years, the Texas School Safety Center shall review the facility standards for instructional facilities adopted under Texas Education Code 7.061, and make recommendations to the commissioner regarding any changes necessary to ensure that the facilities standards:
- reflect best practices for improving school safety through the design and construction of school facilities; and
- are consistent with standards adopted under Chapter 469, Government Code, regarding the elimination of architectural barriers.
The Texas School Safety Center and commissioner may consult with stakeholders with relevant expertise regarding whether any updates to requirements for the use of funds granted or allocated to school districts for purposes of improving the safety and security of school facilities are necessary to align with best practices.
In updating facilities standards, the commissioner shall:
- incorporate input from the Texas School Safety Center and stakeholders with relevant expertise regarding best practices for standards applicable to the design and construction of school facilities; and
- ensure the standards are updated as necessary to ensure compliance with any changes to state law and local building codes.
Facilities: Safety and Security Requirements for
[Section 20 of HB 3]
A school district must ensure that each district facility complies with each school facilities standard, including performance standards and operational requirements, related to safety and security adopted under Texas Education Code 7.061 or provided by other law or agency rule.
A school district must develop and maintain documentation of the district's implementation of and compliance with school safety and security facilities standards for each district facility, including a good cause exception claimed under Texas Education Code 37.353, and shall, if requested by the agency, provide that documentation to the agency in the manner prescribed by the agency.
This new subchapter (Texas Education Code 37, Subchapter J: Safety and Security Requirements for Facilities) consists of the following sections:
- Texas Education Code 37.351 - Facilities Standards Compliance,
- Texas Education Code 37.352 - Purchasing Requirements,
- Texas Education Code 37.353 - Good Cause Exception,
- Texas Education Code 37.354 - Funding for Facilities Standards Compliance, and
- Texas Education Code 37.355 - Confidentiality
Intruder Detection Audits and School Safety Review Teams
[Section 14 of HB 3]
The TEA Office of School Safety and Security shall establish a school safety and review team in each region served by a regional education service center. A school safety review team shall annually conduct on-site general intruder detection audits of school district campuses in the team's region. In conducting an intruder detection audit, a team must:
- use a rubric developed by the TEA Office of School Safety and Security in consultation with the Texas School Safety Center;
- not later than the seventh day before the date of a scheduled audit, notify the superintendent of the school district in which the campus being audited is located; and
- on completion of the audit, provide to the superintendent and school safety and security committee established under Texas Education Code 37.109 for the school district in which the campus is located a report on the results of the audit that includes recommendations and required corrective actions to address any deficiencies in campus security identified by the team.
A regional education service center shall provide support as necessary to assist the region's school safety and review team in conducting intruder detection audits as described above.
A report produced by a school safety and review team is confidential and not subject to disclosure under Chapter 552, Government Code.
iWatchTexas Community Reporting System Reports: Confidentiality of
[Section 24 of HB 3]
All suspicious activity reports and school safety reports included in the iWatchTexas community reporting system operated by DPS are confidential and not subject to disclosure under Chapter 552.
Mental Health Training
[Section 5 of HB 3]
Except as otherwise provided by this section, a school district shall require each district employee who regularly interacts with students enrolled at the district to complete an evidence-based mental health training program designed to provide instruction to participants regarding the recognition and support of children and youth who experience a mental health or substance use issue that may pose a threat to school safety.
A school district may not require a district employee who has previously completed mental health training offered by a local mental health authority under Health and Safety Code 1001.203, to complete the training required by this section.
From funds appropriated for the purpose, the agency shall provide an allotment to each school district to assist the district in complying with this section. The amount of an allotment provided to a school district under this subsection may not exceed the costs incurred by the district for employees' travel, training fees, and compensation for the time spent completing the training required by this section. The agency may proportionally reduce each district's allotment if the amount appropriated is insufficient to pay for all costs incurred by districts under this subsection.
The State Board for Educator Certification shall propose rules allowing an educator to receive credit toward the educator's continuing education requirements under Texas Education Code 21.054(g) for the educator's participation in mental health training under this section.
The commissioner shall adopt rules to implement this section, including rules specifying the training fees and travel expenses subject to reimbursement under Subsection (c).
Multi-hazard Emergency Operations Plans: Compliance with Emergency Response Map and Walk-through
[Section 12 of HB 3]
Each district shall include in its EOP certification that the district is in compliance with Texas Education Code 37.117.
From Emergency Response Map and Walk-through (Texas Education Code 37.117) above:
Each district and open-enrollment charter school shall provide to DPS and all local law enforcement agencies and emergency first responders:
- an accurate map of each district campus and school building that is developed and documented in accordance with the standards described by Texas Education Code 37.351 related to developing site and floor plans, access control, and exterior door numbering; and
- an opportunity to conduct a walk-through of each district campus and school building using the provided maps.
Multi-hazard Emergency Operations Plans: Deadline for Correcting EOP Deficiencies
[Section 17 of HB 3]
If a district has not corrected their EOP deficiencies after one month from the date of initial notification by the Texas School Safety Center of those deficiencies, then the Texas School Safety Center must provide written notice to the district, and agency, that the district has not yet complied, and they must do so immediately.
Multi-hazard Emergency Operations Plans: Deadline for Submitting EOP to the Texas School Safety Center
[Section 17 of HB 3]
School districts and public junior colleges must submit their EOP not later than the 30th day after the date the Texas School Safety Center requests the submission, and in accordance with the Texas School Safety Center's review cycle. Please note this compliance timeline has been shortened from 180 days to 30 days.
Multi-hazard Emergency Operations Plans: Provisions for Individuals with Disabilities or Impairments
[Section 14 of HB 3]
TEA shall establish guidelines for the provisions in a school district's multihazard emergency operations plan under Texas Education Code 37.108(f)(4) to ensure the safety of students and district personnel with disabilities or impairments during a disaster or emergency situation, in consultation with:
- the Texas School Safety Center;
- regional education service centers;
- public school educators who work with students with disabilities or impairments; and
- advocacy groups representing individuals with disabilities or impairments.
A school district must follow the guidelines established by TEA under Subsection (a) in adopting and implementing the district's multihazard emergency operations plan under Texas Education Code 37.108.
Multi-hazard Emergency Operations Plans: Provisions Included for Additional Requirements
[Section 12 of HB 3]
Each district or public junior college EOP must include provisions for any additional requirements established by the Texas School Safety Center in consultation with TEA and relevant local law enforcement agencies.
Multi-hazard Emergency Operations Plans: Reasons for Notice of District Noncompliance
[Section 13 of HB 3]
The board of trustees of a district can now receive a notice of EOP Noncompliance under:
- Texas Education Code 37.207(e) [re: reporting results of district safety and security audits],
- Texas Education Code 37.2071(d) [see Multi-hazard Operation Plans: Written Notice of Required Public Hearing and Potential Conservator], or
- Texas Education Code 37.2071(g) [see Multi-hazard Operations Plans: Results for Failing to Correct EOP Deficiencies].
If the board of trustees of a school district receives notice of noncompliance, the board shall hold a public hearing to notify the public of:
- the district's failure to submit or correct deficiencies in a multihazard emergency operations plan; or report the results of a safety and security audit to the Texas School Safety Center as required by law;
- the dates during which the district has not been in compliance; and
- the names of each member of the board of trustees and the superintendent serving in that capacity during the dates the district was not in compliance.
Multi-hazard Emergency Operations Plans: Results for Failing to Correct EOP Deficiencies
[Section
17 of HB 3]
If a district has not corrected their EOP deficiencies after three months from the date of initial notification by the Texas School Safety Center of those deficiencies, then the Texas School Safety Center must provide written notice to the district stating that the district must hold a public hearing under Texas Education Code 37.1081. Please note this compliance timeline has been shortened from 180 days to 90 days.
Multi-hazard Emergency Operations Plans: Written Notice of Required Public Hearing and Potential Conservator
[Section 17 of HB 3]
Following notification by the Texas School Safety Center that a district has failed to submit their EOP, if the district still fails to submit its EOP to the Texas School Safety Center for review, then the Texas School Safety Center must then provide the district with written notice stating that the district must hold a public hearing under Texas Education Code 37.1081 and that the commissioner is authorized to appoint a conservator under Texas Education Code 37.1082.
Multi-hazard Emergency Operations Plans: Written Recommendations to Correct Noted Deficiencies
[Section 17 of HB 3]
The Texas School Safety Center must review each district's EOP and:
- verify the plan meets the requirements of Texas Education Code 37.108; or
- provide the district with written notice describing the plan's deficiencies, including specific recommendations to correct the deficiencies, and stating that the district must correct the deficiencies in its plan and resubmit the revised plan to the Texas School Safety Center.
Open-enrollment Charter Schools: Subject to School Safety Requirements
[Section 4 of HB 3]
Open-enrollment charter schools are now also subject to the school safety requirements in:
- Texas Education Code 37.0814 [see Armed Security Officer Required],
- Texas Education Code 37.1083 [see School District Safety and Security Requirements: Agency Monitoring of],
- Texas Education Code 37.1084 [see School Safety Review Teams and Intruder Detection Audits],
- Texas Education Code 37.1085 [see Assignment of Conservator for Noncompliance with Safety and Security Requirements],
- Texas Education Code.1086 [see the multiple Multi-hazard Emergency Operations Plans topics], and
- Texas Education Code Chapter 37, Subchapter J [see Facilities: Safety and Security Requirements for].
Safe Firearm Storage Information
[Section 19 of HB 3]
The Texas School Safety Center, in collaboration with DPS, shall provide to each school district and open-enrollment charter school information and other resources regarding the safe storage of firearms for distribution by the district or school including information on:
- the offense under Penal Code 46.13; and
- ways in which parents and guardians can effectively prevent children from accessing firearms.
Each school district and open-enrollment charter school shall provide the information and other resources described above to the parent or guardian of each student enrolled in the district or school.
Safety and Security Audits
[Section 12 of HB 3]
At least once every three years, each school district and public junior college shall conduct a safety and security audit of the facilities. A district, or a person included in the registry established by the Texas School Safety Center under Texas Education Code 37.2091, who is engaged by the district to conduct a safety and security audit, shall follow safety and security audit procedures developed by the Texas School Safety Center in coordination with the commissioner of education or commissioner of higher education, as applicable.
School District Safety and Security Requirements: Agency Monitoring of
[Sections 1 and 14 of HB 3]
TEA shall monitor the implementation and operation of requirements related to school district safety and security, including the district's EOPs and safety and security audits.
TEA shall establish a TEA Office of School Safety and Security within the agency that consists of individuals with substantial expertise and experience in school or law enforcement safety and security operations and oversight at the local, state, or federal level to coordinate the agency's monitoring of school district safety and security requirements under this section. The director of the TEA Office of School Safety and Security is appointed by the governor and confirmed by the senate and must report directly to the commissioner.
TEA shall, in coordination with the Texas School Safety Center and relevant law enforcement agencies, provide technical assistance to districts to support the implementation and operation of safety and security requirements.
As part of the technical assistance provided, TEA shall conduct a detailed vulnerability assessment of each district, on a random basis determined by the agency once every four years. The assessment must:
- assess facility access controls, emergency operations procedures, and other school safety requirements; and
- to the greatest extent practicable, coincide with the safety and security audit required under Texas Education Code 37.108.
TEA shall use a rubric developed by the TEA Office of School Safety and Security in collaboration with the Texas School Safety Center to conduct a vulnerability assessment of a school district described above.
On completion of a vulnerability assessment, TEA shall provide to the superintendent and the school safety and security committee established under Texas Education Code 37.109 for the applicable school district a report on the results of the assessment that includes recommendations and required corrective actions to address any deficiencies in campus security identified by the agency.
TEA may engage a third party as necessary to enable the agency to monitor the implementation and operation of school district safety and security requirements under this section.
TEA may require a school district to submit information necessary for the agency to monitor the implementation and operation of school district safety and security requirements under this section, including:
- notice of an event requiring a district's emergency response including the discovery of a firearm on a campus; and
- information regarding the district's response and use of emergency operations procedures during an event described in the first bullet point.
TEA may review school district records as necessary to ensure compliance with this Subchapter and Subchapter G.
Any document or information collected, identified, developed, or produced relating to the monitoring of school district safety and security requirements under this section is confidential under Government Code 418.177 and 418.181, and not subject to disclosure under Government Code 552.
The commissioner may adopt rules as necessary to administer this section.
School Safety-related Data Sharing
[Section 12 of HB 3]
The Texas School Safety Center and TEA shall provide school safety-related data collected by the Center or TEA to each other on request.
School Safety Allotment: Annual Amounts and Expansion of Fund Use
[Section 23 of HB 3]
Outlines the new annual amounts districts are entitled to for improving school safety and security, and expands what these funds may be used for, specifically:
- securing school facilities in accordance with the requirements of Texas Education Code 37.351 [see Facilities: Safety and Security Requirements for ];
- the use or installation of perimeter security fencing; exterior door and window safety and security upgrades;
- the purchase and maintenance of security cameras; technology including communications systems or devices such as silent panic alert devices, two-way radios, or wireless Internet booster equipment; and
- employing a school safety director and other personnel to manage and monitor school safety initiative and the implementation of school safety requirements for the district.
Additionally, notwithstanding any other law, funds may be used to provide training to a person authorized by the district to carry a firearm on a district campus.
School Safety Allotment: Approved Vendors
[Section 23 of HB 3]
TEA may designate certain technologies that a school district, in using funds allocated under this section, may purchase only from a vendor approved by the agency.
If TEA, in coordination with the Texas School Safety Center, determines that entering into a statewide contract with a vendor for the provision of a technology designated under Subsection (b-1) would result in cost savings to school districts, TEA may, after receiving approval from the Legislative Budget Board and Office of the Governor, enter into a contract with a vendor to provide the technology to each district that uses funds allocated under this section to purchase that technology.
TEA, or if designated by the agency, the Texas School Safety Center, shall establish and publish a directory of approved vendors of school safety technology and equipment a school district may select from when using funds allocated under this section. If a school district uses funds allocated under this section to purchase technology or equipment from a vendor that is not included in the directory, the district must solicit bids from at least three vendors before completing the purchase.
School Safety Compliance: Use of Bond Proceeds for
[Section 22 of HB 3]
The proceeds of bonds issued by a school district for the construction and equipment of school buildings in the district and the purchase of the necessary sites for school buildings may be used to pay the costs associated with complying with school safety and security requirements for school facilities in accordance with Texas Education Code 37.351.
This subsection applies to a school district that has been determined by TEA, through the agency's monitoring of safety and security requirements under Texas Education Code 37.1083 [see School District Safety and Security Requirements: Agency Monitoring of], to not be in compliance with those requirements. Notwithstanding any other law, a school district to which this subsection applies must use the proceeds of bonds described by Subsection (a) to achieve compliance with applicable safety and security requirements in accordance with Texas Education Code 37.351 [see Facilities: Safety and Security Requirements for] before the district may use those proceeds for any other authorized purpose.
School Safety Meetings
[Section 25 of HB 3]
The sheriff of a county with a total population of less than 350,000 in which a public school is located shall call and conduct semiannual meetings to discuss:
- school safety;
- coordinated law enforcement response to school violence incidents;
- law enforcement agency capabilities;
- available resources;
- emergency radio interoperability;
- chain of command planning; and
- other related subjects proposed by a person in attendance at the meeting.
The sheriff of a county to which this section applies in which more than one public school is located is only required to hold one semiannual meeting described by Subsection (a). This subsection does not require public schools located within the same county to adopt the same school safety policies.
The following persons shall attend a meeting called under Subsection (a):
- the sheriff or the sheriff's designee;
- the police chief of a municipal police department in the county or the police chief's designee;
- each elected constable in the county or the constable's designees;
- each police chief of a school district's police department or school district security coordinator from each school district located in the county;
- a representative of the Department of Public Safety assigned to the county;
- a representative of each other state agency with commissioned peace officers assigned to the county;
- a person appointed to a command staff position at an emergency medical service in the county;
- a person appointed to a command staff position at a municipal emergency medical service in the county;
- a person appointed to a command staff position at a fire department in the county;
- the superintendent or the superintendent's designee of each school district located in the county;
- the person who serves the function of superintendent, or that person's designee, in each open-enrollment charter school located in the county; and
- any other person the sheriff considers appropriate.
The sheriff shall invite any federal law enforcement official serving in the county to attend the meeting.
As soon as practicable after a meeting under Subsection (a), the sheriff shall submit a report to the Texas School Safety Center identifying the attendees of the meeting and the subjects discussed. The Texas School Safety Center shall maintain the report and make it publicly available on the Center’s Internet website. The Center may not make publicly available and shall redact any parts of a report that the Center determines may expose a safety vulnerability of a school district facility.
School Safety or Security Consulting Services: District Responsibility
[Section 18 of HB 3]
A school district must confirm that a person is included in the registry established by the Texas School Safety Center, under Texas Education Code 37.2091(b), before the district may engage the person to provide school safety or security consulting services to the district.
Texas Education Code 37.2091(a) defines “school safety or security consulting services” as “any service provided to a school district, institution of higher education, district facility, or campus by a person consisting of advice, information, recommendations, data collection, or safety and security audit services relevant to school safety and security, regardless of whether the person is paid for those services.”
School Safety Review Teams and Intruder Detection Audits
[Section 14 of HB 3]
The TEA Office of School Safety and Security shall establish a school safety and review team in each region served by a regional education service center. A school safety review team shall annually conduct on-site general intruder detection audits of school district campuses in the team's region. In conducting an intruder detection audit, a team must:
- use a rubric developed by the TEA Office of School Safety and Security in consultation with the Texas School Safety Center;
- not later than the seventh day before the date of a scheduled audit, notify the superintendent of the school district in which the campus being audited is located; and
- on completion of the audit, provide to the superintendent and school safety and security committee established under Texas Education Code 37.109 for the school district in which the campus is located a report on the results of the audit that includes recommendations and required corrective actions to address any deficiencies in campus security identified by the team.
A regional education service center shall provide support as necessary to assist the region's school safety and review team in conducting intruder detection audits as described above.
A report produced by a school safety and review team is confidential and not subject to disclosure under Chapter 552, Government Code.
School Safety Support: Provided by ESCs
[Section 3 of HB 3]
A regional educational service center shall act as a school safety resource, using materials and resources developed by the Texas School Safety Center or TEA in accordance with Texas Education Code Chapter 37, for school districts and open-enrollment charter schools in the region served by the ESC. The regional education service center may assist a school district or open-enrollment charter school directly or in collaboration with the Texas School Safety Center and local law enforcement agencies, as applicable:
- in developing and implementing a multihazard emergency operations plan under Texas Education Code 37.108;
- in establishing a school safety and security committee under Texas Education Code 37.109;
- in conducting emergency school drills and exercises;
- in addressing deficiencies in campus security identified by a school safety review team under Texas Education Code 37.1084; and
- by providing guidance on any other matter relating to school safety and security.
A regional education service center:
- shall provide assistance as necessary to the region's school safety review team established under Texas Education Code 37.1084; and
- may provide assistance as necessary to school districts and open-enrollment charter schools in the region served by the regional education service center through the direct provision of positive behavioral interventions and supports to a student enrolled in one of those districts or schools to mitigate or prevent future harmful, threatening, or violent behavior by the student.
Student Disciplinary and Threat Assessment Records: Shared by Previous District and Parents
[Sections 6 and 7 of HB 3]
In the case of a transfer, 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 Texas Education Code 37.115.
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:
- The child's birth certificate or another document suitable as proof of the child's identity;
- 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 Texas Education Code 37.115; and
- a record showing that the child has the immunizations as required under Texas Education Code 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.
Texas School Safety and Security Consultant Registry
[Sections 12 and 18 of HB 3]
At least once every three years, each district and public junior college must conduct a safety and security audit of the facilities. A district, or a person included in the registry established by the Texas School Safety Center under Texas Education Code 37.2091 who is engaged by the district to conduct a safety and security audit, shall follow safety and security audit procedures developed by the Texas School Safety Center in coordination with the commissioner of education or commissioner of higher education, as applicable.
A school district must confirm that a person is included in the registry established under Texas Education Code 37.2091(b) before the district may engage the person to provide school safety or security consulting services to the district.
Threat Assessment Records, Sharing of
[Sections 6 and 7 of HB 3]
In the case of a transfer, 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 Texas Education Code 37.115.
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:
- The child's birth certificate or another document suitable as proof of the child's identity;
- 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 Texas Education Code 37.115; and
- a record showing that the child has the immunizations as required under Texas Education Code 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.
Threat Assessment Teams: Behavior Reporting Procedure
[Section 15 of HB 3]
The board of trustees of each school district shall establish a threat assessment and safe and supportive school team to serve at each campus of the district and shall adopt policies and procedures for the teams. The team is responsible for developing and implementing the safe and supportive school program under Texas Education Code 37.115(b) at the district campus served by the team. The policies and procedures adopted under this section must:
- be consistent with the model policies and procedures developed by the Texas School Safety Center;
- require each team to complete training provided by the Texas School Safety Center or a regional education service center regarding evidence-based threat assessment programs;
- require each team established under Texas Education Code 37.115 to report the information required under Subsection (k) regarding the team’s activities to the agency; and
- NEW: require each district campus to establish a clear procedure for a student to report concerning behavior exhibited by another student for assessment by the team or other appropriate school employee.
Threat Assessment Teams: Retention of Materials and Information
[Section 15 of HB 3]
Materials and information provided to or produced by a team during a threat assessment of a student under Texas Education Code 37.115 must be maintained in the student's school record until the student's 24th birthday.
Violent Activity: Notification Regarding
[Section 14 of HB 3]
TEA shall develop model standards for providing notice regarding violent activity that has occurred or is being investigated at a school district campus or other district facility or at a district-sponsored activity to parents, guardians, and other persons standing in parental relation to students who are assigned to the campus, regularly use the facility, or are attending the activity, as applicable. The standards must:
- include electronic notification through text messaging and e-mail;
- provide an option for real-time notification; and
- protect student privacy.
Each school district shall adopt a policy for providing notice described above in a manner that meets the standards adopted.