This report covers the Texas School Safety Center’s video series on SB 11. The six videos focus on the six major components of SB 11: Emergency Operation Plans, school safety audits, Safety and Security Committees, Threat Assessment Teams, charter schools and community colleges, and other legislative changes.

This report is intended to give you an overview and highlight of the discussions on the various topics the committee took up. It is not a verbatim transcript of the hearing, but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

 

The first video covers Emergency Operation plans and can be found here.

  • SB 11 has resulted in numerous amendments to TEC 37.108.
  • School districts, open-enrollment charter schools, and public junior college Emergency Operation Plans must now address:
    • Prevention
    • Mitigation
    • Preparation
    • Response; and
    • Additionally, they must be aligned to the TxSSC in addition to the governor’s OHS and the commissioner of education or commissioner of higher education. These have not yet been defined
  • The EOP must provide for training for district employees (including substitutes) and measures to ensure employees have access to a telephone or other electric communication device.
  • Must provide measures to ensure district communications technology/infrastructure adequate for communication during emergency.
  • School districts or charter schools must provide mandatory school drills and emergency exercises (TEC 37.114).
  • School district EOP must include:
    • A chain of command that includes alternates
    • Provisions to address physical and psychological safety
    • Provisions to ensure safety of students in portable buildings
    • Provisions for ensuring personnel and students with disabilities have equal access to safety
    • Provisions for providing immediate notification to parents/guardians
    • Provisions for supporting the psychological safety of students, personnel, and community during the response and recovery phase following an emergency situation
    • Policy for providing a substitute teacher access to buildings and materials during an emergency (or drill)
    • Name of each individual on the district safety and security committee and date of each meeting during the preceding year
    • HB 2195 (TEC 37.108) states that a policy for responding to an active shooter emergency must be included
  • TxSSC is now charged with reviewing these plans for noncompliance.
    • If board receives notice of noncompliance, a public hearing must be held to notify the public of the: noncompliance issue, dates which the district was not in compliance, and names of each board member and superintendent serving those dates.
      • Notification of the list above must be given in writing to each person in attendance at this hearing
      • Members of the public must be given opportunity to appear before the board and ask on the noncompliance issue.
      • The district must provide written confirmation that the meeting was held.
    • If TEA receives notice from TxSSC of a district’s failure to submit a multi-hazard EOP, the commissioner may appoint a conservator, who may order the district to adopt, implement and submit a MEOP.
    • If a district fails to comply with the conservator’s order, the commissioner may appoint of board of managers to oversee the operations of a district.
  • TEC 37.114 requires the Commissioner to adopt rules that provide procedures for evacuating and securing school property during an emergency and designating the maximum number of state mandated school drills.
  • TEC 37.2071 addresses the requirement of schools to establish random or a need-based cycle for the review and verification of their multi-hazard EOPs.
    • These cycles must provide for each district’s plan to be reviewed regularly.
    • They must submit their multi-hazard EOP to TxSSC on request and in accordance to TxSCC’s review cycle.
    • If a district fails to submit their EOP for review, TxSSC will provide written notice to said district that recognizes their failure to submit a plan and reiterating that they must submit a plan for approval.
      • If three months after the date of initial notification a district has not corrected the deficiencies or has failed to submit a plan, TxSSC will provide written notice to TEA of the district’s noncompliance.
      • If six months after the date of initial notification a district has not corrected the deficiencies or has failed to submit a plan, TxSSC will provide written notice to the district stating that that they must hold a public hearing and the commissioner is now authorized to appoint a conservator.

 

This video covers school safety audits. The video can be found here.

  • SB 11 makes open-enrollment charter schools subject to TEC 37.108 which requires conducting safety and security audits of its facilities at least once every three years.
  • The cycle will begin for charter schools starting on September 1, 2019 and will end on August 31, 2022.
  • TxSSC Model Audit Procedures
    • The audit will be a self-assessment conducted by multi-disciplinary teams
    • All facilities will be audited
      • Exterior
      • Interior
      • Climate and culture
      • Data and documents
    • The district must certify that funds provided to the district, through the safety allotment (Section 42.168), were used only for that purpose.
    • Audit must be signed by:
      • School districts: superintendent and board
      • Community college: president of junior college district
      • Charters- TBD
    • In addition to random audit reviews, the TxSSC may require a district or charter school to submit its EOP if their audit results indicate that they are not in compliance with applicable requirements.

 

This video focuses on School Safety Committees. The video can be found here.

  • SB 11 requires open enrollment schools to establish a school safety committee (TEC 37.109).
  • School safety committees will develop and implement emergency plans consistent with district multi-hazard EOP.
  • The committee shall:
    • Provide the district with information required in connection with a safety and security audit or another report required to be submitted by the district to the TxSSC.
    • Provide recommendations to the district’s board of trustees and administration regarding updating their EOP in accordance with best practices.
    • Consult with local law enforcement agencies on methods to increase law enforcement presence near district campuses
    • Review each report to ensure accuracy.
  • The committee must contain:
    • 1 or more representatives of an office of emergency management in said city or county
    • 1 or more representatives of the local police or sheriff’s office
    • 1 or more representatives of the district’s police department (if applicable)
    • Board President
    • Board Member (other than the president)
    • District Superintendent
    • 1 or more designee of the Superintendent (one must be a classroom teacher)
    • Member of open-enrollment charter school governing body (if district partners with a charter)
    • 2 parents or guardians of students enrolled in the district
  • Committee meetings must be held at least once during each academic semester and once during the summer. However, if it is a year-round school, they must meet at least three times a year with an interval of at least two months between each meeting
  • The committee must post notice of their meetings in the same manner as a meeting of the district board of trustees, but they may meet in executive session.

 

This video focuses on Threat Assessment Teams. The video can be found here.

  • SB 11 mandates the implementation of threat assessment teams in its public school districts and open-enrollment charter schools.
  • Threat assessment is a proactive and evidence-based approach that aims to identity individuals who may pose a threat and provide interventions before an incident occurs.
  • TEC 37.115 defines harmful, threatening, or violent behavior as:
    • Verbal threats
    • Threats of self-harm
    • Bullying
    • Cyber-Bullying
    • Fighting
    • Use or possession of a weapon
    • Sexual assault
    • Sexual harassment
    • Dating violence
    • Stalking
    • Assault
  • This section also mandates TEA, in coordination with TxSSC, to adopt rules that provide for:
    • Physical and psychological safety
    • Multi-hazard and multi-phase approaches to prevention, mitigation, preparedness, response, and recovery in a crisis situation.
    • A systematic, coordinated and multitiered support system
    • Multidisciplinary and multiagency collaboration
  • The board of trustees is now required to establish a threat assessment team to serve at each campus.
  • The board must also adopt policies and procedure for the team that:
    • Are consistent with model policies and procedures that developed by TxSSC
    • Require each team to complete training from the TxSSC or ESC and to report required information regarding the team’s activities to TEA.
  • The superintendent is responsible for appointing team members who have expertise in:
    • Counseling
    • Behavior management
    • Mental health and substance use
    • Classroom instruction
    • Special education
    • School administration
    • School safety and security
    • Emergency management
    • Law enforcement
  • A district may choose to have on team per campus, or have one team for multiple campuses.
  • The team is required to:
    • Conduct a threat assessment
    • Gather and analyze data to determine risk level and interventions
    • Provide guidance to students and employees
    • Support the district in implementing its multi-hazard EOP
  • TxSSC, in coordination with TEA, shall develop model policies and procedures in establishing and training threat assessment teams.
    • These policies and procedures must include plans for:
      • The referral of a student to a local mental health authority or health care provider for evaluation or treatment
      • The referral of a student of a full individual and initial evaluation for special education services
      • Anonymous reporting procedures

 

This video focuses on charter schools and community colleges. The video can be found here.

  • Under SB 11 charter schools are now subject to school safety requirements (TEC 12.104b):
    • EOPs and compliance
    • Safety and security committee
    • Bomb threat notification
    • Mandatory evacuations and drills
    • Threat assessment teams and training
    • Audits, review and verification
  • Additionally, community colleges are responsible for an EOP that adds prevention to the 5 definitions and they are subject to review by TxSSC.
    • School safety audits must be signed by the president and use self-assessment or person on the TxSSC registry.
  • Community colleges are NOT mandated by law to have safety and security committees OR have threat assessment teams.
    • However, they are considered best practices and are highly encouraged.
  • TxSSC is planning on conducting the following trainings:
    • Threat assessment trainings
    • Digital threat trainings
    • TCOLE 4064 trainings
    • Emergency operations planning trainings
    • Audit trainings (districts and charters)
    • Standard response protocol trainings
    • School board trainings

 

This video focuses on other legislative changes. The video can be found here.

  • HB 2195 requires school district peace officers and school resource officers to complete active shooter response training (TCOLE).
  • SB 11 requires a district employing a peace/resource office to create policy requiring officers to complete education and training before or within 180 days of placement.
  • HB 2195 states that officers who began employment before September 1, 2019 have until August 31, 2020 to complete the training.
  • SB 1707 amends TEC 37.081 SRO/School Police duties by stating their duties must be included in:
    • The district improvement plan under Section 11.252
    • The student code of conduct adopted under Section 37.001
    • Any memorandum of understanding providing for a school resource officer
    • Any other campus or district document describing the role of peace officers, school resource officers, or security personnel in the district
  • SB 2135 amends article 15.27 in the code of criminal procedures.
    • Law enforcement must notify the school district regarding a student where there is a reasonable belief that the student has engaged in conduct define as a felony offence or whether it is necessary to conduct a threat assessment or prepare a safety plan related to the student.
    • Law Enforcement Agency shall provide to the Superintendent, or designee, information relating to the student for the purpose of conducting a threat assessment or safety plan.
      • Records may be inspected or copied only for this purpose.
    • School board may enter into a MOU regarding the exchange of information.
  • SB 11 updates Section 37.113 by stating a school district must provide notification of a bomb or terroristic threat as soon as possible to the parent or guardian to each student.
  • HB 496 requires each district to develop and annually make available a traumatic injury protocol and:
    • Include required bleed control kits
    • Provide training for staff
    • Provide training for students in grades 7 and above
  • HB 1387 removed restriction on number of school marshals per campus and allows for private schools to appoint school marshals.
  • SB 11 further addresses facility standards the commissioner shall adopt or amend rules as necessary to ensure building standards.
    • The commissioner shall include the best of practices for the design and construction of new facilities and the improvement, renovation and retrofitting of existing buildings.
    • These rules are yet to be adopted.
  • SB 11 requires TxSSC approval of safety training courses.
    • To be approved, the school’s safety training course must apply to the TxSSC and will approve it based upon if the course satisfies the training requirements as determined by the TxSSC.
      • The commissioner may adopt rules to implement this action.
    • These rules have yet to be adopted.
  • SB 11 adds the creation of the Texas Child Mental Health Consortium.
    • TEA is working on Mental Health mandates required of the Agency such as a statewide or regional inventory on mental health resources and a statewide plan for student mental health.